minutes of the ordinary meeting of upper hunter …...minute silence a minute silence was held for...

of 142 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 24 February 2020

MINUTES OF THE ORDINARY MEETING OF UPPER HUNTER SHIRE COUNCIL HELD ON MONDAY 24 FEBRUARY 2020 IN THE SCONE COUNCIL CHAMBERS COMMENCING AT 5.00pm

PRESENT:

Cr Wayne Bedggood (Mayor), Cr Maurice Collison (Deputy Mayor), Cr Sue Abbott, Cr James Burns, Cr Ron Campbell, Cr Lorna Driscoll and Cr Lee Watts. PRAYER & ACKNOWLEDGEMENT OF COUNTRY MINUTE SILENCE A minute silence was held for former Scone Shire Councillor, Mr Brian Brown, who recently passed away. APOLOGIES:

RESOLVED that the apologies received from Cr Josh Brown and Cr Kiwa Fisher be accepted and leave of absence granted.

Moved: Cr M Collison Seconded: Cr L Watts CARRIED IN ATTENDANCE:

Mr Steve McDonald (General Manager), Mr Kristian Enevoldson (Director Corporate Services), Mr Mathew Pringle (Director Environmental & Community Services), Mr Nicholas Havyatt (Director Infrastructure Services), Mr Wayne Phelps (Finance Manager), Mr David Gatwood (Manager Business Services), Ms Taylah King (Communications Assistant) and Mrs Robyn Cox (Executive Assistant). PUBLIC PARTICIPATION:

Nil CONFIRMATION OF MINUTES:

RESOLVED that the minutes of the ordinary Council meeting held on 28 January 2020 be adopted.

Moved: Cr L Driscoll Seconded: Cr M Collison CARRIED UNANIMOUSLY DISCLOSURES OF INTEREST:

G.02.1 Request for Donations

Cr Wayne Bedggood declared a pecuniary interest / significant conflict for the reason that he is Deputy Chair of the Westpac Rescue Helicopter Service Scone Volunteer Support Group, an organisation requesting a donation. Cr Bedggood advised that he would leave the Chamber and take no part in discussion and voting.

Cr Lee Watts declared a non-pecuniary interest / insignificant conflict for the reason that she is employed at the Scone Neighbourhood Resource Centre, an organisation requesting a donation. Cr Watts advised that she would leave the Chamber and take no part in discussion and voting.

Cr Ron Campbell declared a non-pecuniary interest / insignificant conflict for the reason that his sister is a member of the Merriwa Branch CWA, an organisation requesting a donation. Cr Campbell advised that he would leave the Chamber and take no part in discussion and voting.

Mr Nick Havyatt declared a non-pecuniary interest / insignificant conflict for the reason that his son attends Cub Scouts at Scone Scouts Group, an organisation requesting a donation. Mr Havyatt advised that he would leave the Chamber and take no part in discussion. STANDING ORDERS

RESOLVED that Items G.02.2 be considered in conjunction with NM.02.1

Moved: Cr Burns Seconded: Cr Watts CARRIED UNANIMOUSLY


UPPER HUNTER SHIRE COUNCIL

Ordinary Meeting - 24 February 2020

TABLE OF CONTENTS

STANDING COMMITTEE REPORTS .......................................................................... 3

SCR.02.1 FINANCE COMMITTEE ................................................................................................ 3 SCR.02.2 DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE ....................................... 16 SCR.02.3 INFRASTRUCTURE SERVICES COMMITTEE ................................................................ 55

COMMITTEE/DELEGATES REPORTS ..................................................................... 62

C.02.1 AUSTRALIA DAY COMMITTEE - MERRIWA DISTRICT ................................................... 62 C.02.2 UPPER HUNTER & KIA ORA MUSIC COMMITTEE ........................................................ 65 C.02.3 SCONE & UPPER HUNTER REGIONAL SALEYARDS COMMITTEE ................................. 67 C.02.4 MERRIWA AGED HOSTEL COMMITTEE ...................................................................... 71

DEVELOPMENT REPORTS ...................................................................................... 77

D.02.1 COMMUNITY PARTICIPATION PLAN ........................................................................... 77 D.02.2 DEVELOPMENT APPLICATION NO. 6/2020 - BILLBOARD SIGN .................................... 80

GENERAL ADMINISTRATION REPORTS .............................................................. 102

G.02.1 REQUEST FOR DONATIONS .................................................................................... 102 G.02.2 NOTICE OF MOTION - CARBON NEUTRAL BY 2025 .................................................. 135

INFRASTRUCTURE REPORTS .............................................................................. 118

I.02.1 REVIEW OF WATER RESTRICTIONS ........................................................................ 118 I.02.2 CASSILIS WASTE TRANSFER FACILITY .................................................................... 130

NOTICES OF MOTION ............................................................................................. 134

NM.02.1 CARBON NEUTRAL BY 2025 ................................................................................... 134

COUNCILLOR QUESTIONS .................................................................................... 139

QWN.02.1 QUESTIONS WITH NOTICE ..................................................................................... 139

CONFIDENTIAL REPORTS ..................................................................................... 142

CR.02.1 TENDER 13/2017 - MANAGEMENT OF THE UPPER HUNTER SHIRE POOLS CR.02.2 TENDER T681920HUN - SUPPLY AND DELIVERY OF BULK FUEL AND OIL CR.02.3 TENDER T691920HUN - SUPPLY AND DELIVERY OF CONCRETE PIPES

Report To Ordinary Council Meeting 24 February 2020

Corporate Services


STANDING COMMITTEE REPORTS

SCR.02.1 FINANCE COMMITTEE

RESPONSIBLE OFFICER: Kristian Enevoldson - Director Corporate Services

AUTHOR: Wayne Phelps - Manager Finance

RECOMMENDATION

That Council: 1. adopt the minutes of the Finance Committee meeting held on 14 February 2020. 2. adopt the requested budget variations as detailed in the budget review.

BACKGROUND

The Finance Committee meets prior to each monthly Council Meeting to consider the Financial Summary Reports, the Cash and Investment Report, and the Responsible Accounting Officer’s Statement. REPORT/PROPOSAL

A meeting of the Finance Committee was held on Friday, 14 February 2020.

The minutes will be provided under separate cover. OPTIONS

1. adopt the minutes of the Finance Committee meeting held 14 February 2020. 2. amend the minutes of the Finance Committee meeting held 14 February 2020. 3. not endorse the minutes of the Finance Committee meeting held 14 February 2020.

CONSULTATION

Director Corporate Services. General Manager

STRATEGIC LINKS

a. Community Strategic Plan 2027

This report links to the Community Strategic Plan 2027 as follows:

COMMUNITY LIFE Goal 8 Provide Community leadership

CS30 Effectively and efficiently manage the business of Council, while encouraging an open and participatory Council with an emphasis on transparency, Community engagement, action and response.

CS35 Develop and maintain effective reporting systems that enable Council to measure and report on performance.

CS36 Effective management of risk underpins all Council decisions, service delivery and behaviours.

CS37 Ensure long-term financial sustainability through short, medium and long term financial planning.


Corporate Services


We are working to achieve the following Community Priorities:

b. Delivery Program

By providing Community leadership and to ensure the delivery of an efficient, effective local government service.

Through the implementation and monitoring of Council’s adopted Fit for the Future proposal.

c. Other Plans

Nil IMPLICATIONS

a. Policy and Procedural Implications

Nil

b. Financial Implications

Nil.

c. Legislative Implications

Nil

d. Risk Implications

Nil

e. Other Implications

Nil CONCLUSION

The recommendation is to endorse the minutes of the Finance Committee meeting held on 14 February 2020.

ATTACHMENTS

1 Finance Committee - 14 February 2020 - Summary Minutes - attachments excluded RESOLVED That Council:

1. adopt the minutes of the Finance Committee meeting held on 14 February 2020.

2. adopt the requested budget variations as detailed in the budget review. Moved: Cr R Campbell Seconded: Cr J Burns CARRIED

ATTACHMENT NO: 1 - FINANCE COMMITTEE - 14 FEBRUARY 2020 - SUMMARY MINUTES - ATTACHMENTS EXCLUDED

ITEM NO: SCR.02.1


MINUTES OF THE FINANCE COMMITTEE OF UPPER HUNTER SHIRE COUNCIL HELD ON FRIDAY 14 FEBRUARY 2020 IN THE BARRY ROSE ROOM COMMENCING AT 8.30am

PRESENT: Mayor Wayne Bedggood (Chair), Cr Ron Campbell and Cr Kiwa Fisher. APOLOGIES: RESOLVED that the apologies received from Cr Josh Brown be accepted.

Moved: Cr W Bedggood Seconded: Cr R Campbell CARRIED UNANIMOUSLY IN ATTENDANCE: Mr Steve McDonald (General Manager), Mr Kristian Enevoldson (Director Corporate Services), Mr Mathew Pringle (Director Environmental & Community Services), Mr Nick Havyatt (Director Infrastructure Services) and Mr Wayne Phelps (Manager Finance). RESOLVED that the Minutes of the Finance Committee Meeting held on 17 January 2020 be adopted. Moved: Cr R Campbell Seconded: Cr W Bedggood CARRIED UNANIMOUSLY

DECLARATIONS OF INTEREST: Nil FCR.02.1 FINANCIAL SUMMARY & INVESTMENT REPORT



RESOLVED That the Committee: 1. note the Fund and Function Summary Report; 2. note the Cash and Investment Report; 3. note the Responsible Accounting Officer’s Statement.

Moved: Cr W Bedggood Seconded: Cr K Fisher CARRIED UNANIMOUSLY Financial Summary Overview Finance Manager provided an overview of the month ended January 2020 summary financial information. Currently there is a positive variance to budget of $1.07m which resulted from the following primary areas:

1. Council’s operating revenue was higher than budget by $134k which included: a. General fund interest revenue was lower than budget to date that is due to reduced interest

rates % available for investment funds over the last twelve (12) which has had a detrimental effect on revenue

2. Non-Operating Revenue and Expenditure is lower than budget by $294k which was due to the following:


ITEM NO: SCR.02.1


a. Utilisation of Council’s internal fleet hire expected to increase over the next five (5) months as increased maintenance and capital works projects intensify.

3. Council’s operating expenditure lower than budget by $359k which was primarily due to the following factors which include both higher and lower actual costs to budget:

Higher actual costs to budget a. Waste Management operational costs were higher than budget due to increased costs

associated with October’s bulky waste kerbside collection and contractor transport of waste from the Merriwa/Cassilis and Murrurundi waste facilities.

b. Swimming Pool operational costs were higher than budget due to the payment of the pool operator lease fees earlier than expected.

c. Scone Golf course actual operational costs have continued beyond the initial budget expectation of period August 2019. Council resolved to continue the maintenance of the Course for an additional 12 months. Director Corporate Services advised that a report will be provided to the February Council meeting update on the operations of the course going forward.

Lower actual costs to budget d. Internal Fleet operational costs have been lower than budget due to reduced fuel costs and

requirement for specialized contractor maintenance. e. Roads & bridges actual maintenance costs are currently lower than budget with the

Infrastructure Department constantly monitoring these areas. f. All other actual costs are relatively consistent to budget across each service area with a

cumulative effect of being lower than budget. Council’s overall capital works expenditure was lower than budget by $1.14m. This overall variance was represented by a number of capital works projects that included both higher and lower actual costs to budget to date:

Higher actual costs to budget g. Scone to Murrurundi pipeline: major contracted work with laying of the pipe is nearing

completion with costs ahead of schedule to date. Lower actual costs to budget h. Saleyards Redevelopment: original major contracted works and additional roofing area was

completed in December. Completion of the overall project expected early 2020 with some minor works will continue however into early 2020.

i. Sporting Ground projects: delay in commencement of the Stronger Country Community Fund project.

j. MR105 Road Repairs Works: works are continuing slightly behind schedule on two (2) road work projects along Hunter Road extending from Kelleys Gully and Waverley Road.

It was highlighted by the Finance Manager that while the overall revised budget remains a relatively balanced budget to date, as highlighted at the previous finance meeting Council’s budget will endure considerable pressure from the full year operation of some of its business entities, investment revenues (reduced investment rates available) and rectification works required on capital works. Budget Position Summary Finance Manager also highlighted the summary of the revised overall budget position as at end of January which indicates the net variations approved to date and the proposed net variation for the current report. Following the variations noted the overall revised budget position was a negative $1,127. Non-Financial Information Finance Manager provided an overview of the Summary of Non-Financial KPI’s which indicates that 12.95% of the indicators are currently off track which was a decline on the previous month with a summary of those indicators that are currently off-track are shown in the papers.


ITEM NO: SCR.02.1


Funds on Hand Finance Manager further highlighted the level of funds held at the end of January has increased marginally to that of the previous month. The level of funds held is expected to improve over the next two months with receipt of significant grants funds of approx. $2.6m from the Federal and State Government’s following the completion of MR358 Willow Tree Road. Restricted Assets Finance Manager provided and overview the currently movements in the restricted assets highlighting the movements in the water fund s64 development contributions due to two (2) major projects not expecting to be completed this financial year. Cr Campbell enquired whether the State Government was providing funding for these projects. Finance Manager advised that the State Government was providing 60% towards the UV Chlorination project and an estimated 50% towards the proposed Middlebrook Road water supply extension. Cr Campbell further enquired whether these projects were approved for funding. Finance Manager advised that the UV Chlorination Plant was approved however the Middlebrook Road water supply extension was not yet approved. Mayor Bedggood enquired about movement in the White Park restricted asset balance. Finance Manager advised that these funds have been parked for seed funding of future stages of the development at the site. These funds are the balance of the $1.0m loan facility of which $850k was used in the construction of Stage 1 during the 2019 financial year. Mayor Bedggood enquired why the was movement in the Saleyards restricted Asset. Finance Manager advised that the movement was as a result of an unsuccessful grant funding application for Water Re-use scheme. This amount was shown as revenue which will not be received.

FCR.02.2 OPERATIONAL REPORT



RESOLVED That the Committee: 1. note the comments on the budget review by the managers/budget holders; 2. adopt the requested variations as detailed in the budget review; 3. note the Capital Budget Review by the managers/budget holders; 4. note the comments on the Capital Budget Review by the managers/budget holders.

Moved: Cr W Bedggood Seconded: Cr R Campbell CARRIED UNANIMOUSLY Finance Manager provided a detailed overview Council’s service activities with questions raised throughout by the Committee. Customer Services Mayor Bedggood requested that the off-track red flag for correspondence be reviewed and that senior management provide a plan of corrective action to address this issue. Response: Taken on Notice


ITEM NO: SCR.02.1


Financial Services Mayor Bedggood raised an issue brought up at the Hunter Joint Organisations meeting regarding the additional superannuation contributions required from Councils to fund the old Local Government Superannuation Defined Benefits funds. The Mayor enquired whether Council is effected by this issue. Response: Finance Manager advised that the additional contributions required for Upper Hunter Shire for the 2020/21 year was $175,500. This amount has increased continually over time and amounted to additional $144,000 (2018/19) and $152,100 (2019/20) in the last two (2) years. Therefore, the effect on Council is minimal. Governance & Risk Mayor Bedggood enquired why we have fallen behind in the updating of Council’s policies and administration principles given that we have a timeline of when they expire and are due to be updated. Response: Director Corporate Services advised that a full list of policies and administration principles have been provided to the Senior Management Group with dates for completion. The Director’s will discuss with each their Manager’s all policies and principles expected to be updated in the next two (2) months with the exception of those that are awaiting industrial related decisions. It is expected that the KPI will be above target by year end. Revenue Services Finance Manager highlighted the off-track KPI regarding the level of unarranged debtors more than 90 days. A major portion of this was due to funds outstanding with a neighbouring Council relating to the project at Murulla Street causeway. As the project scope has changed from that included in the original funding deed the claims have not been submitted to the funding body as yet. Therefore, Council will need to credit note these original claims out of their system until clarity of the project scope has been achieved and discussion with the funding body regarding the amendment has been approved. Mayor Bedggood enquired why has it taken this long to amend given that the change in project scope has been known for some time. Response: Director Infrastructure Services advised that design options are nearing completion with approval received from NSW Fisheries not to include a fish passage and just have a causeway due to the amount of rock in the creek. We are now reviewing the heritage implications of fixing up the sandstone kerb and guttering, which will extend further than the initially requirements on the bridge design. Following this Council will then go to community consultation and then talk to the funding body to gain approval for the change in project scope. Mayor Bedggood questioned that dragging the extended sandstone kerb & guttering and heritage implications into the project may be problematic to the whole project. Response: Director Infrastructure Services advised that the reason for the extension was to fit in with the design option and minimize the deterioration of the existing Kerb and Gutter. Overall the footprint that Council is developing is larger than the initially bridge design. Mayor Bedggood acknowledged the reason for the delay in the funding for Murulla Street causeway but further enquired as to what the other government agency funding was outstanding. Response: Finance manager advised that the remaining portion of the RMS bus shelter program funding that has been outstanding since the end of last financial year. Further discussions with the Manager Strategic Assets will be undertaken to investigate why the balance of funds haven’t been received and whether any further information is required to be provided to the funding body.


ITEM NO: SCR.02.1


Cr Fisher raised the point that Council had a similar issue last year with funds outstanding from government agencies. Response: Finance Manager confirmed that yes Council had approx. $700,000 outstanding for about four (4) months from iNSW Restart funding for White Park development which ultimately was due to Council being required to provide further information. Sustainability Finance Manager highlighted that the KPI for the sustainability action plan may struggle to meet its target by year end due to the current vacancy in the position of the Manager Sustainability and Waste at the moment. Community Services Administration and Education Cr Campbell enquired what was included in the cost for Clean-up Australia Day. Response:Finance Manager advised that the costs relate to the organization and running of the event. Cr Campbell enquired whether the Waste Facility fees were waived as he had been asked the question by a resident. Response: Director Environmental & Community Services advised that Council’s Waste facilities allow collection free of charge for the morning of Clean-up Australia Day. Director Infrastructure Service further advised that it related solely for material from Clean-up Australia Day and in not normal household waste disposal. Cr Campbell suggested that Council provide clear information of what will be excepted at the facilities as there is currently a greater expectation within the community. Cr Fisher enquired whether any areas have been targeted for clean-up such as the approaches to town. Response: Director Environmental & Community Services advised that one of the issues that Council has is that it is covered by the Clean-up Australia Day insurance which does not allow for the pickup rubbish on the roadside due to the risks, therefore it make it difficult to target such areas. Cr Campbell requested further clarification regarding the entrance while in the town speed limits. Response: Director Environmental & Community Services advised that collection within the town speed zones and around the town streets would be acceptable for clean-up activities just not along the higher speed main highway areas. Mayor Bedggood commented that a discussion is required, regarding the clean-up of rubbish and general outlook along the highway entrance coming into Scone especially with the opening of the bypass due shortly. Gummun Place – Aged Hostel Cr Campbell enquired whether Council could provide some media releases regarding the hostel to provide some facts around its operations due to the negative information currently circulating around social media. Response: Director Environmental & Community Services advised that Council has been actively providing media releases for the Hostel. Currently Council has a consultant reviewing the options for future management of the facility at which time a report will be prepared for Council.


ITEM NO: SCR.02.1


Mayor Bedggood reiterated that until such time as Council review this report there is nothing to advise other than the progress with the ongoing management and improvement at the facility, which was in Council’s last update. Response: Director Corporate Services advised that a the recent Gummun Place Committee meeting, that some of the committee was requesting Council to provide assurances of the Hostel’s future operations indefinitely. Mayor Bedggood question whether the Committee was fully aware of their obligation given that they attended the Governance workshop for the hostel. He further highlighted, as previously requested on the record, that Council investigate its legal position and governance obligations under the body politic that oversees the industry and further suggested that this legal standing should extend further to include that of the Gummun Place advisory committee and whether they need support through directors and governance training or can they just be a sub-committee. Response: Taken on notice to seek clarification. Director Environmental & Community Services further advised that the Government has released funds to have PricewaterhouseCoopers provide free business assessments for small and remote facilities. Council will be submitting an application accordingly. Caravan Parks & Camping Grounds Cr Campbell enquired what makes up the caravan park revenue. Response: Finance Manager advised that Council has only one caravan park which is at Merriwa therefore the revenue relates solely to that facility. Cr Campbell reiterated that it is pleasing that the capital expenditure spent at the facility has been worthwhile given the revenue from the facility has increased to that achieved over the prior two (2) financial years. Cr Fisher again raised the suggestion that Council should be investigating additional sites for caravan parks/RV areas within the Shire, such as St Andrews Reserve in Aberdeen, of which he will be raising at the next Economic, Development and Tourism meeting. Economic Promotions Cr Campbell commented that he recognises that the “We Live Here” program has been very successful however requested clarification of what the costs were for as shown in the “We Live Here” project expenditure line. Response: Director Corporate Services advised that this was the production cost of the card which council shares the cost 50/50 with Muswellbrook Council. General Manager further added that Council has been trying to seek sponsorship for the card production costs however has had no luck to date. Mayor Bedggood commented that the production cost of the card is effectively Council’s contribution to the program which it shares 50/50 with Muswellbrook Council. The Mayor further commented that unfortunately the cards are single use and not re-usable, so Council is required to purchase new cards continually for the program’s success. Cr Campbell enquired how much usage has occurred in Merriwa for the “We Live Here” cards. Response: Director Corporate Services advised that he had have the information extracted by the Manager Business Services and advised.


ITEM NO: SCR.02.1


Stormwater Management Cr Campbell requested further information on the capital works to be completed at Brisbane Street Merriwa. Response: Director Infrastructure Services advised that the final scope of works for the project was being completed. Overall the project is for the renewal of existing infrastructure only with no new works scheduled. Street Cleaning Cr Campbell commented on the reduced spend of the street sweeping to date and requested clarification as to whether this was due to efficiency or a reduced area swept. Response: Director Infrastructure advised that the area currently swept has remained the same and that Council was actually waiting on invoices from the contractor which will appear in February papers. Waste Management Cr Campbell enquired how the initial operations at the Cassilis waste facility was progressing and whether it will be continuing. Response: Director Environmental & Community Services advised that the service will be continuing with the operations going quite well to date. A report will going to the February Council meeting recommending that Council re-introducing fees at the facility in order to recoup the cost of the contractor, especially now that we have someone present at the site to collect them. Director Environmental & Community Service further commented on the increased cost of the Bulky kerbside waste collection and advised that the Council has a meeting organized with the contractor JR Richards & Son early next week to seek some further information regarding the collection and tonnages collected in order to gain an understanding of the charges and implement strategies to ensure that we recover the cost of the services next year. In addition to the bulky waste collection budget overrun the operational costs for the Merriwa and Murrurundi facilities are currently higher than budget due to the increased costs of transferring the waste from the sites to the Scone facility because of the lack of space at these facilities, in order to mitigate these overruns Council is modelling the possibility of returning the kerbside waste collection from Scone and Aberdeen back to Scone instead of paying Muswellbrook to receive the waste this will provide a cost saving in the interim but on the flip side reduce the lifespan of the Scone landfill site. Therefore, we are working through a few strategies to minimize cost whilst not overburdening our landfill sites at present. Cr Campbell provided commentary on two (2) matters:

1. Feedback from Cassilis was positive and that they would be willing to pay fees for the waste disposal; and,

2. Does it mean that people are now recycling more given that there appears to be additional bins appear and the skip full more regularly at the Merriwa site.

Response: Director Environmental & Community Services advised that it may be the case which would ultimately mean additional cost being incurred to transport the waste from Merriwa to Scone. General Revenue Cr Campbell asked if the level of non-collected rates has increased over the year.


ITEM NO: SCR.02.1


Response: Finance Manager advised that the collection of rates has remained fairly constant with limited hardship applications received lately. Council is continuing to provide the waiving of interest on rates for those rural farmland ratepayers who have applied for hardship. Cemeteries Mayor Bedggood enquired whether we should be putting more funds into our cemeteries given that they don’t provide the most beautiful or scenic outlook in our shire with some of these cemeteries at the entrance to our town. Response: Director Infrastructure Services advised that prior to the end of last year Council met with representatives at the Correctional Centre at Muswellbrook in respect to obtaining some assistance with the maintenance of the general cemeteries which is always a struggle for our resources to get to. We are just waiting for some information to come back from the Correctional Centre and we should be able to kick off the additional maintenance works in the next couple of months. He further advised that Council can definitely look at the overall presentation of the high traffic areas and see what strategies we can implement to improve these sites. Mayor Bedggood enquired whether Council was happy with the maintenance levels at the sites. Response: Director Infrastructure Services advised that from a complaints measure prospective we have been pretty lucky with the weather conditions but that’s not saying that we can definitely do more in maintaining the sites. Mayor Bedggood asked if we review the requirements of the Monuments and Cemeteries Plan that we completed a couple of years ago. Response: Director Infrastructure Services advised that the plan looks at alternative ways to do things at the cemeteries which is what we are attempting with utilizing the resources from the correctional centre and involving “Friends of the Cemetery” at the sites but this still doesn’t address the main issue of the very old monuments. Further to this we will investigate options to provide a more enhanced presentation at the sites which may require increase capital funding in next year budget. Cr Campbell enquired whether the tree planting and extension to the Merriwa cemetery was still on track. Response: Director Infrastructure Services advised that the works will be completed by the end of this financial year which will involve an extra plinth, trees and irrigation. Emergency Services Mayor Bedggood enquired if all the reviews and feedback for the setup of the emergency centres were positive and whether a debrief had been organised as yet. Response: General Manager advised that all feedback had been positive and that no debrief had been organised to date. It was noted that with the number of times the emergency centre was required to be setup at the varying locations, of which Scone was the Police Commander’s preference, the setup process became smoother especially in regards to the technology requirements needed. Fire Services and Fire Protection Cr Campbell enquired whether there was any avenue to do funding applications for the Flight Springs and Meads Creek roads due to the s44 fires.


ITEM NO: SCR.02.1


Response: General Manager advised that he has had discussions with the Manager Special Projects regarding the possibility of funding and that he was preparing a response. It is unsure whether roads do fit within the criteria but we will continue to explore given the additional traffic required on those roads during the fires. Sporting Grounds and Venues Cr Campbell enquired how can we arrest the decline in revenue at White Park given that it is such a great facility. Response: Finance Manager advised that considerable decline was due to the level of stock available some events, such as camp drafting etc. Director Corporate Services advised that we are currently trying to attract other events to the facility such as concerts which the Tourism and Promotions team is working on. Director Infrastructure Services advised that to increase the patronage of the facility we need to look at providing the appropriate infrastructure required such as a camp draft arena, camping sites and vet room building etc. Cr Campbell enquired whether we had any costings already prepared for these items. Response: Director Infrastructure Services advised that we currently have a grant application submitted for the camp draft arena costing a total of $400,000 being 50/50 funding. The Director did comment that Council currently has a very good client from outside the shire who is utilizing the facility in its present state which has generated approx. $20,000 in revenue already with another major event planned in September, so we are getting new customers to town paying good money to use the facility which indicates that its usage is only going to increase in the future. Swimming Pools Cr Campbell asked for clarification on where the disabled steps shown in the capital works was to be situated. Response: Director Infrastructure Services advised that the two (2) sets of steps in the budget were for Merriwa and Scone with the Murrrurundi steps installed last financial year. It was further noted that these projects are currently unfunded awaiting grant funding opportunities to arise. RMS State Roads Director Infrastructure Services provided an overview of the expected revenue position from works along the Golden Highway. It is likely that the level of revenue will reduce over the period to the end of the financial year as a number of RMS rural and regional projects have been removed by the State Government and redirected back to the metropolitan areas. A more concise picture of this reduction will be known in next month’s finance papers. Response: Finance Manager further advised that the effect on Council of this reduce revenue will be a reduced level of profit margin from these works which is ultimately used to fund future repair works in next year’s budget. Local Roads Cr Campbell enquired whether the repair and maintenance budgets for the rural roads will be fully spent by the end of the financial year. Response: Director Infrastructure Services confirmed that these budgets will be spent especially after the recent rain and storm events.


ITEM NO: SCR.02.1


General Manager further advised that there may be a possible avenue to seek additional funding from the recent events and the damage caused to the road network which Council will be investigating. Capital Expenditure Summary Finance Manager highlighted the totals at the bottom of the report which indicate that Council has spent approx. $20.6m on its capital works program of the total revised program of $63.1m which represents only 33% spent. Therefore, based on these numbers Council has over $42.5m to spend in effectively five (5) months which is highly unlikely to be fully achieved. It was further noted that all budget holders have been requested to review their capital works schedule to ascertain the expected deliverables by the end of the financial year with appropriate budget request to be made in the March’s finance meeting. One of the major project expected to be partially rolled over into next financial year will be the Airport redevelopment works which was expected to be fully completed by August 2020 due to CASA requirements, however with the new regulations the requirement has been extended to August 2022. The project has been scheduled to be completed by the end of the 2021 financial year. Mayor Bedggood commented that the deferral of the capital works program could have a major detrimental effect on the deliverables in the future year budgets. FCR.02.3 CONTRACTORS & EXPENSES REPORT



RESOLVED That the Committee: 1. Note the Contractors Listing for the period; 2. Note the Consultancy and Legal Expenses report for the period.

Moved: Cr K Fisher Seconded: Cr R Campbell CARRIED UNANIMOUSLY FCR.02.4 RESPONSES TO PREVIOUS QUESTIONS



For notation only.

Moved: Cr R Campbell Seconded: Cr W Bedggood CARRIED UNANIMOUSLY

COUNCILLOR QUESTIONS

Local Roads

Cr Campbell further queried whether this has actually occurred and to what level is the inspection expected to be completed. Cr Campbell further recommended that Council should sending an engineer to inspect these roads and not a grader operator which has seen to be the case previously.

Response: General Manager advised that the Director Infrastructure Services would be inspecting this road plus others requiring maintenance upon his return from leave and taking the appropriate actions for scheduling of maintenance.

Taken on Notice to provide notification of when the inspections have been completed.


ITEM NO: SCR.02.1


Update - The works delivery team undertake road inspections across all the Shire roads. The field staff are inducted in the inspection process and undertake the inspections. If the found defects that require additional investigation this is noted on the inspection and the engineer will inspect the road.

Public Libraries

Cr Campbell enquired whether Council has data regarding the patronage of the Merriwa Library to date.

Response: Taken on Notice

Update - Statistics for Merriwa Library for the 2019/20:

Number of visits: 2,187 Number of Loans: 2,370 Number of Active Members: 567 New member this year: 41

General Revenue

Mayor Bedggood requested that a graph be formulated to show the levels of interest received and interest paid over history.

Taken on Notice for Finance Manager to develop a graph with requested information.

Youth Services

Cr Campbell enquired whether there was a ratio of staff to youth required at the Centre’s.

Response: Take on Notice

Update- Advised by the Youth Co-ordinator that there is no documented ratio for the youth centre’s themselves only for youth excursions which require two (2) youth works for 20 participants. It is Council’s policy however that at least two (2) youth workers are present at each site at all times up to a maximum of 30 attendees at the centre. Non-Financial Information

Finance Manager provided an overview of the Summary of Non-Financial KPI’s which indicates that 10.79% of the indicators are currently off track which was an improvement on the previous month with a summary of those indicators that are currently off-track are shown in the papers.

Swimming Pools Red KPI Indicators Mayor Bedggood asked whether the pool operator has provided any feedback as to why the pool numbers are currently down.

Response: Taken on Notice

Update – Director of Infrastructure Services has discussed the low pool numbers with LSA and the feedback was that numbers have been down across most pools in NSW. This also has been some impact due to the extreme hot weather.

Murulla Street Causeway

Mayor Bedggood questioned why there has been such a delay in progressing the project and whether the grant funding is at risk due to these delays.

Response: Taken on notice to advise project update and timing. Update - The project is currently being redesigned and getting approval with fishers. Once this is complete the new proposal will be discussed with the community and funding body. THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 10.30 AM


Environmental & Community Services


SCR.02.2 DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE

RESPONSIBLE OFFICER: Steve McDonald - General Manager

AUTHOR: Mathew Pringle - Director Environmental & Community Services

RECOMMENDATION

That Council:

1. adopt the minutes of the Development & Environmental Services Committee meeting held on 11 February 2020.

2. DESC.02.1 - approve Development Application No. 159/2018 for the demolition of existing structures, service station and convenience store food premises at 132-140 Bettington Street Merriwa (Lot 15 – 19 Section 11 DP 758672 and Lot 101 DP 997957) subject to the conditions of consent in Attachment 2.

3. DESC.02.2 - approve Development Application No. 153/2019 for the erection of a 3.79m x 13.040m x approx. 2.93m high attached garage at 60 Park Street, Scone (Lot 7 Section 5 DP 2958), subject to the conditions of consent in Attachment 3.

4. DESC.02.3 - a) adopt the draft Upper Hunter Local Strategic Planning Statement, as amended. b) place the draft Upper Hunter Local Strategic Planning Statement on public

exhibition for a period of 28 days. c) undertake consultation with relevant public authorities.

BACKGROUND The Development and Environmental Services Committee is a Standing Committee of Council which considers reports, advice and recommendations of management regarding strategic land use planning, development applications, environmental, health and building related matters. The Committee subsequently makes recommendations to Council in relation to such matters. A meeting of the Development & Environmental Services Committee was held on Tuesday, 11 February 2020. REPORT/PROPOSAL In relation to Item DESC.02.1, the Committee recommended the approval of Development Application No. 159/2018 subject to conditions of consent including an amended Condition No. 3 to restrict the hours of operation to 5.00am to 10.00pm daily rather than 6.00am to 10.00pm daily. The Committee has also requested that Council undertake an audit of existing and former service stations within the Shire to determine the extent of possible contamination at each site. In relation to Item DESC.02.2, the Committee unanimously supported the recommendation to approve Development Application No. 153/2019 for the erection of a 3.79m x 13.040m x approx. 2.93m high attached garage at 60 Park Street, Scone (Lot 7 Section 5 DP 2958), subject to conditions of consent.




In relation to Item DESC.02.3, the Committee recommended adoption of the draft Upper Hunter Local Strategic Planning Statement for the purposes of public exhibition and consultation subject to a number of amendments to the document including an updated map on page 116 showing all investigation areas. A copy of the amended document is provided under separate cover.

ATTACHMENTS

1 Minutes of the Development & Environmental Services Committee meeting - 11 February 2020

2 DA 159/2018 - Recommended Conditions of Consent

3 DA 153/2019 - Recommended Conditions of Consent

4 DRAFT - Local Strategic Planning Statement - Updated after D&E Committee

Excluded

RESOLVED That Council:

1. adopt the minutes of the Development & Environmental Services Committee meeting held on 11 February 2020.

4. DESC.02.3 - a) adopt the draft Upper Hunter Local Strategic Planning Statement, as

amended. b) place the draft Upper Hunter Local Strategic Planning Statement on public

exhibition for a period of 28 days. c) undertake consultation with relevant public authorities.

Moved: Cr L Watts Seconded: Cr J Burns CARRIED UNANIMOUSLY

2. DESC.02.1 - approve Development Application No. 159/2018 for the demolition of existing structures, service station and convenience store food premises at 132-140 Bettington Street Merriwa (Lot 15 – 19 Section 11 DP 758672 and Lot 101 DP 997957) subject to the conditions of consent in Attachment 2.

Moved: Cr Campbell Seconded: Cr Collison LOST

FOR AGAINST Councillor Campbell Councillor Abbott Councillor Collison Councillor Bedggood Councillor Driscoll Councillor Burns Councillor Watts Total (3) Total (4)

3. DESC.02.2 - approve Development Application No. 153/2019 for the erection of

a 3.79m x 13.040m x approx. 2.93m high attached garage at 60 Park Street, Scone (Lot 7 Section 5 DP 2958), subject to the conditions of consent in Attachment 3.


ATTACHMENT NO: 1 - MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE MEETING - 11 FEBRUARY 2020

ITEM NO: SCR.02.2


MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE OF UPPER HUNTER SHIRE COUNCIL HELD ON TUESDAY 11 FEBRUARY 2020 IN THE BARRY ROSE ROOM COMMENCING AT 10.00am

PRESENT: Cr Kiwa Fisher (Chair), Cr Sue Abbott, Cr Ron Campbell and Cr Lee Watts. It was noted that Cr Watts was absent from the meeting from 10.05am for the duration of the meeting. APOLOGIES: Cr James Burns IN ATTENDANCE: Mayor Wayne Bedggood, Mr Mathew Pringle (Director Environmental & Community Services), Mr Paul Smith (Environmental Planning Officer), Karen Fulljames, Elizabeth Flaherty & Miss Laura Conway (Minutes). ADOPTION OF MINUTES: Development & Environmental Services Committee held on 10 December 2019. Moved: Cr Campbell Seconded: Cr Watts CARRRIED DECLARATIONS OF INTEREST: Nil. PUBLIC PARTICIPATION: DESC.02.3 Upper Hunter Local Strategic Planning Statement Karen Fulljames addressed the committee in relation to the Upper Hunter Local Strategic Planning Statement. BUSINESS ITEM: DESC.02.1 Development Application No. 159/2018 Demolition of existing structures,

services station and convenience store food premises The Director of Environmental & Community Services provided an overview of the proposed development application. The Director stated that the proposal is for the demolition of existing structures, the construction of a service station and convenience store food premises at 132-140 Bettington Street, Merriwa. The Director stated that 9 submissions were received over two separate exhibition periods. The main issues raised in the submissions include:

- Noise impacts - Traffic movement - Hours of operation - Pollution levels


ITEM NO: SCR.02.2


The development application was referred to Councils Heritage Advisor for assessment as the site is located within the Merriwa Heritage Conservation Area and is in the vicinity of a number of heritage items. The Heritage Advisor raised a number of concerns with the proposed development which have been addressed in the planning assessment report. The development application was also referred to NSW Police and RMS for comment. Issues raised by each authority have been adequately addressed in the planning assessment report and/or through recommended conditions of consent. Cr Abbott spoke against the proposed development and raised concerns in relation to the following matters:

- Noise impact - Air pollution - Condition of Dutton Street to accommodate B-double vehicles - Traffic management - Hours of operation - Fuel storage - Landscaping - Visual impacts - Heritage impacts - Not in the public interest

Cr Campbell spoke in support of the proposed development stating that it is a ‘good planned development’. Cr Campbell raised the following points:

- Hours of operation should be 5am-10pm rather than the recommended times of 6am to 10pm.

- The site is within a designated commercial area - The proposal is considered to be in the public interest

Cr Fisher agreed with the need for changing the recommended hours of operation to 5am – 10pm. Cr Fisher expressed concern over the number of proposed service stations that have been approved, but then not developed. He has asked for Council to conduct an audit of all service stations across the Shire, including those that have been decommissioned. Mayor Bedggood noted that the site plan provided on page 24 of the agenda is incorrect. The plan identifies lots that are not part of the development site. Cr Bedggood also stated he is in support of Council conducting an audit of former and existing service station sites within the Shire to form a Contaminated Lands Register. Cr Bedggood stated that he believes the proposed development application is not in the public’s best interest. He stated that Council should consider requiring future service stations within the Shire to include charging stations for electric vehicles as they are becoming popular and more economical. The Director stated that Council is currently in discussions with another organisation looking to establish an EV charging station in Scone. DESC.02.2 Development Application no 153/2019 – Garage The Director provided an overview of the development application for a proposed garage at 60 Park Street, Scone and advised that the application was referred to the Development & Environmental Services Committee as it does not meet the minimum side setback requirement of 450mm prescribed by the Upper Hunter Development Control Plan 2015. The proposed development would have a setback of 202mm from the side boundary and therefore does not comply with the setback control.


ITEM NO: SCR.02.2


Notwithstanding, no submissions were received in relation to the proposed development and the non-compliance has been assessed as minor and acceptable. The committee raised no concerns with the proposal. DESC.02.3 Upper Hunter Local Strategic Planning Statement Karen Fulljames addressed the committee in relation to investigation area 3a displayed on the map on page 116 of the meeting agenda. Ms Fulljames stated that this area has been subdivided and now has two owners both of whom do not want residential encroachment. Ms Fulljames indicated that other investigation areas had been removed from the map and requested that area 3a also be removed from the map. The Director stated that area 3a is classified as a preliminary investigation area, and not a priority investigation area and is therefore unlikely to be considered for rezoning or development in the short or medium term. He stated that the investigation areas identified within the Upper Hunter Land Use Strategy had not changed and suggested that some areas had been inadvertently left off the map. The Director confirmed that any mapping errors or omissions would be corrected before the Upper Hunter Local Strategic Planning Statement (LSPS) is released for public exhibition. Mayor Bedggood explained that the investigation areas identified in the Upper Hunter Land Use Strategy may be reviewed in due course. Committee members proposed a number of minor amendments to the LSPS as follows:

1. The proposed Warbirds attraction and air show should be mentioned on pages 115 and 138.

2. The map on page 116 should be updated to show all approved investigation areas and ensure consistency with the Upper Hunter Land Use Strategy.

3. Delete the reference to ‘coal’ in the seventh paragraph of page 119. 4. Amend the rationale for Planning Priority 7.1.5 on page 127 by deleting the first

sentence and inserting a reference to Council’s Position Statement on Coal Mining and Coal Seam Gas Extraction.

5. Correct a typographical error on page 133. The Committee agreed for the draft Upper Hunter Local Strategic Planning Statement to be placed on public exhibition subject to the above amendments. COUNCILLOR QUESTIONS: Cr Abbott asked about the Queensland to Hunter gas pipeline and how this project will affect the Upper Hunter Shire in the future. Cr Campbell and Mayor Bedggood also expressed interest in the matter. Mr Pringle advised that a report will be prepared for the next meeting. Meeting closed at 11.30am


ITEM NO: SCR.02.2


DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE REPORTS

DESC.02.1 DEVELOPMENT APPLICATION NO. 159/2018 DEMOLITION OF EXISTING STRUCTURES, SERVICE STATION AND CONVENIENCE STORE FOOD PREMISES

RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental & Community Services

AUTHOR: Paul Smith - Senior Environmental Planner

PURPOSE Development Application No. 159/2018 for the demolition of existing structures, service station and convenience store food premises at 136-140 Bettington Street Merriwa (Lot 15 – 19 Section 11 DP 758672 and Lot 101 DP 997957) was lodged with Council on 31 October 2018. The application is being referred to Council because nine submissions were received.

RECOMMENDATION That Council approve Development Application No. 159/2018 for the demolition of existing structures, service station and convenience store food premises at 132-140 Bettington Street Merriwa (Lot 15 – 19 Section 11 DP 758672 and Lot 101 DP 997957) subject to the conditions of consent in Attachment 1.

BACKGROUND Applicant: Rana Petroleum Pty Ltd Owner: M A Coorey Location: 132-140 Bettington Street Merriwa (Lot 15 – 19 Section 11 DP 758672 and

Lot 101 DP 997957) Proposal: Demolition of existing structures, service station and convenience store food

premises Zone: B2 Local Centre & R1 General Residential Development Application No. 159/2018 for the demolition of existing structures and construction of service station and convenience store food premises at 132-140 Bettington Street Merriwa (Lot 15 – 19 Section 11 DP 758672 and Lot 101 DP 997957) was lodged with Council on 31 October 2018. The applicant amended the development application on 22 October 2019 by removing the proposed heavy vehicle access to Blaxland Street. Nine submissions were received raising a number of issues including noise, traffic movement, air quality, water quality pollution, impacts on heritage, lighting and property values. REPORT/PROPOSAL The development site comprises 5 commercial allotments with a combined area of 1.08ha and a 101m frontage to Bettington Street (the plans are provided in Attachments 2 and 3). The development application proposes:

• Demolition of all existing buildings and structures on site; • Construction and use of a service station with a convenience store, food and drink

premise, and truck facilities (GFA 350m2), • Construction of two fuel canopies and bowsers, underground fuel tanks, loading bay and

service yard; • 18 car parking spaces are provided (including 1 disabled space) plus 7 heavy vehicle

parking spaces (5 B-Double spaces and 2 B-Triple parking spaces); • Construction of entry/exit driveways on Bettington Street;


ITEM NO: SCR.02.2


• Associated landscaping and site signage; and • Other minor works as illustrated on the proposed drawings included in Appendix A,

including the construction of 2.8m high acoustic barrier along the eastern and northern boundaries, 2.5m along the western boundary and 1.8m along the southern boundary (as shown in the Acoustic Assessment).

A full assessment of the development application is provided in Attachment 4. Some of the critical issues are: heritage, noise, traffic and amenity. OPTIONS 1. That Council approve Development Application No. 159/2018 for the demolition of

existing structures, service station and convenience store food premises at 132-140 Bettington Street Merriwa (Lot 15 – 19 Section 11 DP 758672 Lot 101 DP 997957) subject to the conditions of consent in Attachment 1.

2. That Council refuse Development Application No. 159/2018 for the demolition of existing structures, service station and convenience store food premises at 132-140 Bettington Street Merriwa (Lot 15 – 19 Section 11 DP 758672 Lot 101 DP 997957) stating the reasons for refusal.

CONSULTATION Surrounding properties were notified of the development proposal between 14 November 2018 to 28 November 2018. An advertisement was placed in the Hunter Valley News on 14 November 2018. Five submissions were received (copies of the submissions are provided in Attachment 5). The development application was amended on 23 September 2019, this was placed on public exhibition from 11 December 2019 to 17 January 2020 with an additional advertisement printed in the Hunter Valley News on 11 December 2019. Four further submissions were received in relation to potential impacts on No. 130 Bettington Street (the details of these submissions are provided in Attachment 4 & 5). The development application was also referred externally to the NSW Roads and Maritime Services and the NSW Police Force, and internally to the Heritage Advisor, Manager of Strategic Assets and Manager of Water & Sewer. The responses are provided in Attachment 4. STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: Goal 3 Protect the natural environment Goal 5 A sustainable and prosperous economy We are working to achieve the following Community Priorities:


ITEM NO: SCR.02.2


b. Delivery Program

Provide efficient and effective advisory, assessment and regulatory services focused on being Customer ‘friendly’, responsive and environmentally responsible

c. Other Plans

Nil IMPLICATIONS


Nil


Development Application fees of $3,867.16 have been paid.


An assessment of the development application has been undertaken pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979 (see Attachment 4).


Council determinations of development applications and modifications in relation to local development can be appealed by a third party in the Land and Environment Court in circumstances where incorrect legal process has been applied. In the case of this development application the relevant considerations under the Environmental Planning and Assessment Act 1979 have been made. There is a low risk of any third party legal appeal in relation to this application.

e. Other Implications

Nil CONCLUSION

The application has been assessed as satisfactory against Section 4.15 of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Shire Development Control Plan 2015.

The proposal is in keeping with the site context, is an appropriate form of development for the site and is unlikely to result in any significant adverse impacts.

Accordingly, it is recommended that the application be approved subject to appropriate conditions of consent and for the following reasons:

The proposal complies with the Upper Hunter Local Environmental Plan 2013 The proposal complies with the Upper Hunter Development Control Plan 2015 The proposal has been assessed as satisfactory against Section 4.15 of the

Environmental Planning & Assessment Act 1979 subject to conditions of consent. Will not have an adverse impact on the surrounding locality.


ITEM NO: SCR.02.2


RECOMMENDATION That Council approve Development Application No. 159/2018 for the demolition of existing structures, service station and convenience store food premises at 132-140 Bettington Street Merriwa (Lot 15 – 19 Section 11 DP 758672 and Lot 101 DP 997957) subject to the conditions of consent in Attachment 1.

Moved: K Fisher Seconded: R Campbell CARRIED The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINSTCouncillor Campbell Councillor Abbott Councillor Fisher Total (2) Total (1)


ITEM NO: SCR.02.2


DESC.02.2 DEVELOPMENT APPLICATION NO. 153/2019 GARAGE



PURPOSE On 29 November 2019 Council received Development Application No. 153/2019 for the erection of a 3.79m x 13.040m x approx. 2.93m high attached garage at 60 Park Street, Scone (Lot 7 Section 5 DP 2958). No submissions were received. The development proposal does not comply with the Upper Hunter Development Control Plan 2015 as the proposed side setback from the boundary does meet the minimum distance of 450mm.

RECOMMENDATION That Council approve Development Application No. 153/2019 for the erection of a 3.79m x 13.040m x approx. 2.93m high attached garage at 60 Park Street, Scone (Lot 7 Section 5 DP 2958), subject to the conditions of consent in Attachment 1.

BACKGROUND Applicant: S R Miller Owner: S R and B A Miller Proposal: Garage Location: 60 Park Street Scone (Lot 7 Section 5 DP 2958) Zone: R1 General Residential Development Application No. 153/2019 was received on 29 November 2019 for the erection of a 3.79m x 13.040m x approx. 2.955m high attached garage at 60 Park Street Scone (Lot 7 Section 5 DP 2958). REPORT/PROPOSAL The development application is for a garage located on the southern side of the lot behind the building line. This development is designed to be 13.04m (length) and 3.79m (wide) resulting in an area of 49.42 m2. and approximately 2.955m high with a 5 degree sloped roof (flat). The Upper Hunter Development Control Plan 2015 (Part 4b) requires that garages, carports, sheds and other ancillary structures are setback at least 450 mm from a side or rear boundary. The development application proposes that the garage has a side setback of 202mm from the property boundary adjoining 64 Park Street. In this regard the development application does not comply with the Upper Hunter Development Control Plan 2015. Notwithstanding an assessment of the development application in relation to the site context shows it does not adversely impact on the streetscape as it is situated behind the building line of the existing dwelling and to the rear of an existing carport. In addition, it does not have any adverse impacts on the adjoining property (refer to Attachment 2 for full assessment and Attachment 3 for plans). OPTIONS 1. That Council approve Development Application No. 153/2019 for the erection of a

3.79m x 13.040m x approx. 2.93m high attached garage at 60 Park Street Scone (Lot 7 Section 5 DP 2958), subject to the conditions of consent in Attachment 1.

2. The Council refuse Development Application No. 153/2019 for the erection of a 3.79m x 13.040m x approx. 2.93m high attached garage at 60 Park Street Scone (Lot 7 Section 5 DP 2958), stating the reasons for refusal.


ITEM NO: SCR.02.2


CONSULTATION Surrounding properties were notified of the development proposal. The application was placed on public exhibition from 11 December 2019 to 17 January 2020. An advertisement was placed in the Hunter Valley News on 11 December 2019. No submissions were received by Council. STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: Goal 4 – Plan for a sustainable community We are working to achieve the following Community Priorities:

b. Delivery Program Assessment of the application is in accordance with the Town Planning Community Strategies: CS13 - Implement and regularly review Strategic Land Use Plans, Environmental Planning Instruments and Development Controls, which reflect the needs and expectations of the broad Community, and CS14 – Provide efficient and effective advisory, assessment and regulatory services focused on being Customer ‘friendly’, responsive and environmentally responsible. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications Nil b. Financial Implications Development Application fees of $284.00 have been paid. c. Legislative Implications An assessment has been undertaken in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979. d. Risk Implications Council determinations of development applications in relation to local development can be appealed by a third party in the Land and Environment Court in circumstances where incorrect legal process has been applied. In the case of this development application the relevant considerations under the Environmental Planning and Assessment Act 1979 have been made. There is a low risk of any third party legal appeal in relation to this development application.


ITEM NO: SCR.02.2


e. Sustainability Implications Nil

f. Other Implications Nil CONCLUSION The application has been assessed as satisfactory against Section 4.15 of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Shire Development Control Plan 2015. The proposal is in keeping with the site context, is an appropriate form of development for the site and is unlikely to result in any significant adverse impacts. Accordingly, it is recommended that the application be approved subject to appropriate conditions of consent and for the following reasons:

The proposal is consistent with the objectives of the R1 General Residential zone pursuant to the Upper Hunter Local Environmental Plan 2013.

The development generally satisfies the Upper Hunter Development Control Plan 2015, and the variation on the side setback is considered minor and acceptable.

Pursuant to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979 the development is unlikely to have any adverse impacts that cannot be addressed through conditions of consent.

Pursuant to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979 the site is suitable for the development.

Pursuant to Section 4.15(1)(d) of the Environmental Planning and Assessment Act 1979 the development is in the public interest.

RECOMMENDATION That Council approve Development Application No. 153/2019 for the erection of a 3.79m x 13.040m x approx. 2.93m high attached garage at 60 Park Street, Scone (Lot 7 Section 5 DP 2958), subject to the conditions of consent in Attachment 1.

Moved: S Abbott Seconded: R Campbell CARRIED The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Abbott Councillor Campbell Councillor Fisher Total (3) Total (0)


ITEM NO: SCR.02.2


DESC.02.3 UPPER HUNTER LOCAL STRATEGIC PLANNING STATEMENT



PURPOSE In accordance with the new requirements of the Environmental Planning and Assessment Act 1979 Councils must now prepare and adopt a Local Strategic Planning Statement to help guide land use planning and ensure it aligns with relevant state and regional strategies. A draft Local Strategic Planning Statement has been prepared for adoption and placement on public exhibition for a period of 28 days.

RECOMMENDATION That Council:

1. Adopt the draft Upper Hunter Local Strategic Planning Statement. 2. Place the draft Upper Hunter Local Strategic Planning Statement on public exhibition for a

period of 28 days. 3. Undertake consultation with relevant public authorities.

BACKGROUND In 2017 Council adopted the Upper Hunter Land Use Strategy which was endorsed by the NSW Department of Planning and Environment on 21 July 2017 to provide strategic direction to land use planning in the Upper Hunter Shire. The current NSW Government policy supports shifting the focus of the planning system to even greater up-front strategic planning. A key part of transitioning to a strategic planning focus necessitates the preparation of a local strategic planning statement (LSPS) in a consistent format to create a framework for future land use planning decisions. The LSPS is also intended to provide greater strategic alignment between the Hunter Regional Plan 2036, Upper Hunter Community Strategic Plan 2027 and other Council strategies and action plans. As a result, in accordance with Section 3.9 of the Environmental Planning and Assessment Act 1979 Councils must prepare and make a local strategic planning statement and review the statement at least every 7 years. Under the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017, Council is required to make its first LSPS before 1 July 2020. The LSPS must set out a 20-year vision for land use and identify how growth and change will be managed into the future. It provides the opportunity for councils and their communities to shape the future direction for land use in their local government area. REPORT/PROPOSAL The draft LSPS has been developed with the following sections: Policy Context, Strategic Context, Vision statement, Settlements of the Upper Hunter, Our Themes and Planning Priorities, Action plan and Implementation, monitoring and reporting. The draft LSPS is provided in Attachment 1. OPTIONS

1. That Council: (i) Adopt the draft Upper Hunter Local Strategic Planning Statement. (ii) Place the draft Upper Hunter Local Strategic Planning Statement on public exhibition for a period of 28 days. (iii) Undertake consultation with relevant public authorities.

2. Adopt the draft Upper Hunter Local Strategic Planning Statement with further amendments. 3. Not adopt the draft Upper Hunter Local Strategic Planning Statement in its current form.


ITEM NO: SCR.02.2


CONSULTATION The draft LSPS is yet to be placed on public exhibition. Agency consultation and consultation with other Council sections is yet to be undertaken. STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: Goal 1 - A supported community Goal 2 – Promote well-being and a connected, healthy and happy community Goal 3 – Protect the natural environment Goal 4 – Plan for a sustainable community Goal 5 – A sustainable and prosperous economy We are working to achieve the following Community Priorities:


ITEM NO: SCR.02.2


b. Delivery Program The adoption of the draft LSPS is in accordance with the Community Strategic Objectives of town planning to:

Implement and regularly review Strategic Land Use Plans, Environmental Planning Instruments and Development Control Plans, which reflect the needs and expectations of the broad Community.

Facilitate and provide for a growing population, including for example, affordable housing, community amenities, health and welfare services.

c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications Nil b. Financial Implications There are a number of actions in the LSPS that may require funding. c. Legislative Implications Section 3.9 of the Environmental Planning and Assessment Act 1979 requires Councils to prepare and make a local strategic planning statement and review the statement at least every 7 years. Under the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017, Council is required to make its first LSPS before 1 July 2020. d. Risk Implications Nil e. Sustainability Implications The LSPS provides a framework to enable Council to better implement sustainability into land use planning decisions. The planning priorities include a range of actions to improve biodiversity conservation, water quality, provision of renewable energy, economic issues and social issues.

f. Other Implications Nil


ITEM NO: SCR.02.2


CONCLUSION The LSPS aims to provide clear direction for decisions taken by Council and NSW Government agencies relating to the future use of land within the LGA. It will guide the preparation of future LEP amendments. It also provides a policy framework to facilitate opportunities as they arise in the future.


1. Adopt the amended draft Upper Hunter Local Strategic Planning Statement. 2. Place the amended draft Upper Hunter Local Strategic Planning Statement on public

exhibition for a period of 28 days. 3. Undertake consultation with relevant public authorities.

Moved: S Abbott Seconded: K Fisher CARRIED

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Abbott Councillor Campbell Councillor Fisher Total (2) Total (1)

ATTACHMENT NO: 2 - DA 159/2018 - RECOMMENDED CONDITIONS OF CONSENT ITEM NO: SCR.02.2


DA 159/2018 – Recommended Conditions of Consent

Schedule A

Deferred commencement: In accordance with section 4.16(3) of the Act the consent will not operate until the applicant has provided information to the satisfaction of the Council that the following condition can be complied with. Upon receipt of written information from the applicant in relation to the condition in this schedule the Council will advise in writing whether the information is satisfactory and, if so, will nominate the effective date for the commencement of the consent. 1. There is a high likelihood that the development site may contain items of archaeological significance. This consent does not operate until the applicant submits an archaeological assessment report prepared by an appropriately qualified archaeologist in accordance with Assessing Heritage Significance and Assessing Significance of Archaeological Sites & Relics (NSW Department of Planning, 2009). 2. This consent does not operate until soil and groundwater sampling of the site has been undertaken by a certified contaminated land consultant in accordance with the Upper Hunter Contaminated Land Policy 2017, to establish their baseline quality in relation to the likely contaminants from a service station operation. A report prepared in accordance with the Guidelines for Consultants Reporting on Contaminated Sites (NSW Office of Environment and Heritage, 2011) must be submitted to Council. 3. This consent does not operate until the proponent submits an amended plan(s) that: a) Deletes the proposed two “B-Triple parking” spaces and “B-Double Parking” spaces No. 6 and No. 7 in the location shown on Site Plan (DWG. 01, Revision 11).

b) Shows that the 2.8 metre high (and 2.5 metre high western boundary) timber acoustic fences have a minimum 2 metre setback from the boundaries with each adjoining property (with sufficient space to facilitate maintenance and litter collection). The service station side of the fences must include a kerb to a distance of 1.5m from the fence and landscaping.

c) Relocates the proposed driveways and makes relevant alterations to the existing road infrastructure including the relocation of the street landscape features.

d) Extends the 2.8 metre high timber acoustic fence with a minimum setback of 2 metres from the boundary with Lot 101 DP 997957.

e) Deletes the external doors that lead directly to the “Truckers Lounge”.

f) shows (on the landscaping plan) landscaping to the front of the 1.25 metre high lapped and capped timber fence with plant species that grow to a maximum height of 1.5 metres and sufficient width to provide a vegetative screen.

g) shows (on the landscaping plan) landscaping of either side of the 2.8 metre high (and 2.5 metre high western boundary) lapped and capped timber fences with plant species that grow to a maximum height of 1.5 metres and sufficient width to provide a vegetative screen.

h) Demonstrates that long vehicles including cars towing caravans and trailers can enter and exit the car fueling area in a forward direction only.

In accordance with Clause 95(3) of the regulation, a twenty four (24) month period is given from the date of the “deferred commencement” notice to lodge plans and evidence that satisfactorily address the required details. If not, then the “deferred commencement” will lapse and a new development application will be required.



Schedule B

Identification of approved plans: 1. The development being carried out in accordance with the development application and the drawings referenced below and Statement of Environmental Effects dated October 2018 (by KDC), except where amended by the following conditions.

JOB REFERENCE NO SHEET

NO REVISION

NO DRAWN BY DATE

Site Plan Drawing 1

1 11 Brown Commercial Building

05.09.2019

Site Analysis Plan Drawing 2 Revision 2


22.08.2018

Building Layout Plans Drawing 3 Revision 11


22.08.2018

Elevations Drawing 4 Revision 5


03.06.2019

Canopy Plan Drawing 5 Revision 11


22.08.2018

Demolition Plan Drawing 7 Revision 1


05.09.2019

Elevations - Fencing 8 1 Brown Commercial Building

18.01.2019

Vehicle Turning Template


05.09.2019

Landscaping Plans and documentation

1-7 B MARA Consulting 10.09.2019

(Reason: To ensure that the form of the development undertaken is in accordance with the determination of Council) 2. A copy of all stamped approved plans, specifications and documents (including the Construction Certificate if required for the work incorporating certification of conditions of approval) must be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Certifying Authority. (Reason: To ensure that the form of the development undertaken is in accordance with the determination of Council)



General Operational Conditions: Hours of Operation 3. The operation of the service station and retail premises shall be limited to the following hours:-

Operating hours: 5.00am to 10.00pm daily Upon expiry of the permitted hours, all service shall immediately cease, no person shall be permitted entry and all customers on the premises shall be required to leave within the following half hour and illuminated signs are turned off. (Reason: Information to ensure that amenity of the surrounding locality is maintained and hours of operation are consistent with those in surrounding locality.) Site Management Plan 4. The development shall be carried out in accordance with the approved Site Management Plan (refer to further condition). The following shall apply:

a) If from time to time, and in accordance with these conditions, the Applicant (whether of its own volition or in accordance with recommendations made pursuant to these conditions) proposes any amendments to the management plan referred to in this condition then those proposed amendments shall be submitted by the Applicant to the Council for approval.

b) An amendment to a plan under condition does not take effect until:

i. the Council has approved the amendments; and

ii. the Applicant has made any further amendments required by the Council (acting reasonably) as a condition of approving the amendments.

c) If there is any inconsistency between these conditions of consent and any of the following:

i. the Statement of Environmental Effects;

ii. the supporting documents; or

iii. the management plans

then the conditions of consent shall prevail. Noise Assessment Criteria 5. The noise generated at the premises must not exceed the noise limitations presented in Table 1 at the boundary of any residential premises:

Table 1: Noise Criteria LAeq(15min)

Period

43 dBA Day 35 dBA Evening 35 dBA Night

Note: Day is: 7am to 6pm Monday to Saturday; 8am to 6pm Sundays and Public Holidays Evening is: 6pm to 10pm daily. Night is: 10pm to 7am Monday to Saturday; 10pm to 8am Sundays and Public Holidays.



Independent Review 6. If an owner of privately-owned land considers the development to be exceeding the relevant noise assessment criteria then he/she may ask the Consent Authority in writing for an independent review of the impacts of the development on his/her land. If the Consent Authority is satisfied that an independent review is warranted, then within 2 months of the Consent Authority decision, the Applicant must: (a) commission a suitably qualified, experienced and independent person, whose appointment has been approved by the Consent Authority, to: a. consult with the landowner to determine his/her concerns; b. conduct monitoring to determine whether the development is complying with the relevant criteria in Table 1 and; c. if the development is not complying with these criteria, then identify measures that could be implemented to ensure compliance with the relevant criteria; and (b) give the Consent Authority and landowner a copy of the independent review; and (c) comply with any written requests made by the Consent Authority to implement any findings of the review. (Reason: To ensure the development is complying with relevant standards, performance measures and statutory requirements.)

Operational conditions imposed under the Environmental Planning And Assessment Act and regulations and other relevant legislation:

7. All building work must be carried out in accordance with the provisions of the National Construction Code Series. (Reason: Prescribed by legislation)

Conditions to be complied with prior to the issue of the construction certificate: Excavation Permit 8. Prior to the issue of any Construction Certificate the person acting on this consent must submit to the Consent Authority, either: a) the Excavation Permit issued pursuant to Section 140 of the Heritage Act 1977, or b) evidence of an exception to the requirement for an Excavation Permit pursuant to Section 139(4) of the Heritage Act 1977. (Reason: To ensure appropriate consideration has been given to the likely occurrence of items of archaeological significance.) Dilapidation Reports

9. Prior to commencement of any demolition work the person acting on this consent shall commission a suitability qualified person, whose appointment has been approved by Council, to inspect and report on the condition of buildings on Lot 111 DP 227215 (No. 130 Bettington Street), Lot 112 DP 227215 (No. 49 Blaxland Street), Lot 27 DP 1071809 (No. 51 Blaxland Street), Lot 1 DP 784058 (No. 53 Blaxland Street) and Lot 1 DP 85905 (No. 142-146 Bettington Street) (subject to the owner of that lot agreeing to that inspection).



The report must:

a) Identify the current condition of the buildings on the land

b) If appropriate, recommend measures that could be implemented by the owner of that lot, to minimise the impacts of the demolition and/or construction on the buildings located on the lot; and

c) Recommend measures that could be taken by the person acting on the consent to minimise the impacts of demolition and/or construction that could be undertaken.

A copy of this report shall be provided to Council and the landowner prior to the commencement of demolition works. The person acting on the consent must implement any of the measures referred to in part (c) as the Council requires, subject to the applicant obtaining the consent of the relevant landowners for any measures that require that owner’s consent (Note: development consent may also be required for such measures).

(Reason: To ensure demolition and/or construction do not have an impact on the structure of the buildings adjoining properties.)

Construction Environmental Management Plan 10. Prior to the issue of any Construction Certificate, a Construction Environmental Management Plan (CEMP) for the development must be provided to the Certifying Authority for approval for each stage (or combined). The CEMP must include:

a) The CEMP must include management strategies for the potential risks to on-site workers and visitors, off-site receptors, and the environment from the contamination identified in the updated Site Investigation (if applicable). b) The environmental site management measures must remain in place and be maintained throughout the period of the development. c) The CEMP must address all environmental aspects of the development’s construction phases, and include where relevant, but not be limited to, the following: i. Asbestos Management Plan ii. Project Contact Information iii. Site Security Details iv. Timing and Sequencing Information v. Site Soil and Water Management Plan vi. Noise and Vibration Control Plan vii. Air quality monitoring and management viii. Health and Safety Plan ix. Incident Management Contingency x. Unexpected Finds Protocol d) The CEMP must be kept on site from the commencement and for the duration of the proposed works, and must be available to Council officers upon request. e) The CEMP provided to Council must exempt Council from any claim for copyright that may restrict Council’s ability to provide information to the public in accordance with the Government Information (Public Access) Act 2009. (Reason: To ensure appropriate measures have been considered for site access, storage and the operation of the site during all phases of the construction process in a manner that respects adjoining owner’s property rights and residential amenity in the locality, without unreasonable inconvenience to the community)



Waste Management Plan 11. Prior to the issue of any Construction Certificate the person acting on this consent shall submit a Waste Management Plan to the Certifying Authority for approval. The Waste Management Plan shall include details of the handling of waste materials generated from any demolition works, construction and on-going operation regarding: • the location of waste management facilities proposed both during demolition and construction. • volume and type of waste and recyclables to be generated • storage and treatment of waste and recyclables on site • disposal of residual waste and recyclables (Reason: To waste generated from the development is stored and disposed of in a way that does not impact on the environment.) Sewer Main Relocation 12. The Council sewer main located within 136-140 Bettington Street (Lots 15, 16, 17, 18 & 19 Section 11 DP 758672) shall be relocated in accordance with the requirements of the Council’s Infrastructure Services Department. The applicant shall liaise with Council’s Manager of Water and Sewer regarding the submission of design and construction details for all works associated with the sewer main extension. The work shall comply with AS/NZS 3500, Plumbing and Drainage Standards, and Council’s Engineering Guidelines for Subdivision and Development. All required works shall be undertaken at full cost to the applicant. Plans and design details demonstrating compliance with the requirements of the Infrastructure Services Department shall be submitted to, and approved by the Certifying Authority prior to the issue of any Construction Certificate for Stage 2. Note: Approval under Section 68 of the Local Government Act 1993 is required for any works to carry out sewerage work. (Reason: To ensure satisfactory arrangements are in place for the disposal of sewage.)

Stormwater 13. The stormwater system shall be constructed to an appropriate standard in compliance with the Council’s Engineering Guidelines for Subdivisions and Developments. Detailed engineering drawings of the proposed stormwater drainage system for each stage of the development including the detention basin/tanks shall be submitted to and approved by the Certifying Authority prior to the release of any Construction Certificate. (Reason: To ensure adequate provision is made for stormwater drainage from the site in a proper manner that protects adjoining properties and public infrastructure)

Headlight Sweep 14. Prior to the issue of any Construction Certificate appropriate and reasonable treatments shall be made to No. 173 Bettington Street (subject to the consent of the land owners) to include landscaping, visual screening and/or modifications to the doors/windows such as to mitigate the impacts of headlight sweep. (Reason: To mitigate the adverse impacts of light sweep from vehicles exiting the site onto public roads.)



Section 94A Contributions

15. Prior to the issue of any Construction Certificate for Stage 1, 2 and 3, pursuant to Upper Hunter Shire Council Section 94A Development Contribution Plan 2008, a contribution of $33,630 is required to be paid to Council. The amount to be paid is to be adjusted at the time of the actual payment, in accordance with the provisions of the Section 94A Development Contributions Plan.

(Reason: To ensure that the proposed development makes an appropriate contribution to facilities in the Upper Hunter Local Government Area) Trade Waste Agreement

16. The Owner of the property shall enter into a trade waste agreement with Upper Hunter Shire for the disposal of all trade waste generated by the development. Documentary evidence demonstrating compliance with this condition shall be submitted to and approved by the Principal Certifier prior to the release of the Construction Certificate.

Note: This includes food premises which will require a grease trap or a grease arrestor.

(Reason: To protect the environment from contamination) Cleanliness and maintenance of food preparation areas

17. To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas, all building work in connection with the occupation or use of the premises for the preparation and storage of food shall be designed and carried out in accordance with the requirements of:

(a) The Food Act (as amended) (b) The Food Regulation (as in force); (c) AS4674 (Design, Construction and Fit-Out of Food Premises); (d) The Clean Air (Plant and Equipment) Regulation; (e) AS 1668 Part 2; (f) The Protection of the Environment Operations Act; and (g) The National Construction Code Series;

The relevant matters to be taken into account under this approval relate to:

i. construction, materials and finishes; ii. installation of fixtures, fittings and equipment; iii. washing facilities, other facilities and special requirements; iv. mechanical ventilation and exhaust discharges; and v. temperature control

Detailed plans and specification of work demonstrating that these design requirements have been met shall be submitted to and approved by the Principal Certifier prior to the release of the Construction Certificate.

(Reason: To ensure compliance with acceptable standards for the construction of food premises established under environmental health and safety legislation)

Asbestos & hazardous material survey (high hazard)

18. Prior to the demolition of the existing buildings (or part of a building) on the site:

(a) a report prepared by an appropriately qualified person (such as an Occupational Hygienist or Environmental Consultant) must be submitted to the Principal Certifier, with the Construction Certificate application, detailing whether any asbestos or hazardous materials exist on the site that are affected by the proposed building works and if they exist on site their location and quantity. Hazardous materials include but shall not be limited to lead in paints, ceiling dust, glass fiber insulation and asbestos based products).



Note: If no hazardous materials are identified, the demolition may proceed in accordance with AS2601 and the following conditions, including dust control and WorkCover requirements. (b) should any hazardous materials be identified as per item (a), a Work Plan shall be submitted to the Principal Certifier with the Construction Certificate application and set out in accordance with AS2601 – Demolition of Buildings. The report shall contain details regarding: i. The type of hazardous material; ii. (ii) The level or measurement of the hazardous material in comparison to National Guidelines; iii. Proposed methods of containment; and iv. Proposed methods of disposal. v. Details of signage to be provided on the site to comply with the provisions of the Occupational Health and Safety Regulation 2001, to ensure persons are warned, by the use of signs, labels or other similar measures, of the presence of asbestos or asbestos-containing material in a place at which construction work is being carried out. (c) where unacceptably high levels of lead are found in a premises to be demolished soil samples from site are to be tested by a NATA Registered laboratory before and after demolition and submitted to Council. This will determine whether remediation of the site is necessary. (d) the demolition must be undertaken in accordance with AS2601. (e) any works involving asbestos based products must be undertaken in accordance with the requirements of the WorkCover Authority in relation to removal, handling and disposing of material, and the Work Safe Australia Asbestos Code of Practice. (Refer to the information publications provided in your approvals package for more specific information) (f) all work involving lead removal must not cause lead contamination of air or ground, and the Work Plan submitted to comply with item (b) must comply with the requirements of AS 4361.2-1998 : Guide to lead paint management - Residential and commercial buildings. Particular attention must be given to the control of dust levels on the site. Details demonstrating compliance with these requirements shall be submitted to, and approved by the Principal Certifier prior to the release of the Construction Certificate. Notes: i. Further details regarding requirements for removal of hazardous materials can be obtained from the WorkCover website or at www.lead.org.au. ii. Failure to comply with legislative requirements relating to the removal or handling of hazardous materials is likely to result in enforcement action, including fines or prosecution without prior warnings. (Reason: To ensure the long term health of workers on site and occupants of the building is not put at risk unnecessarily) Lighting Plan 19. Prior to the issue of any Construction Certificate a lighting plan must be submitted to the Certifying Authority for approval. The plans must show and include specifications that:

a) lighting is provided to pedestrian paths, side and rear laneways and building entries, that ensures a clear line of site along pedestrian routes and that does not adversely affect the residential amenity of neighbours. b) Lighting fixtures are of low energy design, integrated in the building walls, and readily maintained by the owner. Sensor spotlights are not to be used for the lighting of pedestrian areas.



c) Demonstrated compliance with Australian Standard 4282-1997 - Control of the obtrusive effects of outdoor lighting and AS/NZS1158 Lighting for roads and public spaces d) illuminated signs are fitted with devices that allows the level of illumination to be adjusted. (Reason: To ensure there is adequate lighting for the safety of users which does not adversely impact on the amenity of adjoin residents.) Water and Sewer Contributions 20. A contribution pursuant to the provisions Section 64 of the Local Government Act, 1993 as specified hereunder for the services detailed shall be made to Council.

Contribution type Total

Water $53,097.55

Sewerage $26,157.60

Total contribution $79,255.15

Note: Contributions have been calculated in accordance with the Upper Hunter Shire Council Development Servicing Plan for Water Supply and Sewerage 2016 and the Section 64 Determinations of Equivalent Tenements Guidelines (NSW Water Directorate 2017). Documentary evidence shall be submitted to the Certifying Authority confirming that the contribution has been paid prior to determination of the application for Construction Certificate for each stage of the development, where applicable. The level of contributions shall be in accordance with Council’s Fees and Charges at the time of payment. (Reason: To retain a level of service for the existing population and to provide the same level of service to the population resulting from new development)

Conditions that must be addressed prior to commencement: Acoustic Barrier 21. The acoustic barrier must be fully constructed and operational prior to the commencement of any other work on the site. (Reason: To ensure the noise from the site work does not impact on adjoining residents.) Erosion and Sediment Control 22. All erosion and sedimentation techniques are to be properly installed prior to the commencement of any site works and maintained in a functional and effective condition throughout the construction activities in accordance with Soils and Construction: Managing Urban Stormwater (‘the Blue Book’) until the site is stabilised and landscaped. The installation is to be approved by the Principal Certifying Authority prior to further commencement of site works. (Reason: To protect the environment from the effects of sedimentation and erosion from development sites)



Site Facilities 23. Site facilities (a) If the development involves building work or demolition work it is recommended that the work site be fully enclosed by a temporary security fence (or hoarding) before work commences. Any such hoarding or fence is to be removed when the work has been completed. (b) A minimum width of 1.2m must be provided between the work site and the edge of the roadway so as to facilitate the safe movement of pedestrians. If trees are present in the footpath the minimum width must be provided to one side of the trees. (c) A garbage receptacle fitted with a tight fitting lid for the reception of all food scraps and papers from the work site must be provided prior to building work commencing and must be maintained and serviced for the duration of the work. (d) Adequate toilet facilities must be provided on the work site. Each toilet provided must be a standard flushing toilet, connected to a public sewer, or if connection to a public sewer is not available, to an on-site effluent disposal system approved by the council, or an approved temporary chemical closet. The provision of toilet facilities must be completed before any other work is commenced. The installation of the site facilities shall be approved by the Principal Certifying Authority prior to further commencement of site works and prior to the first inspection. (Reason: To ensure the health and safety of the community and workers on the site) Site Works/Construction Signage 24. A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out: (a) stating that unauthorised entry to the work site is prohibited; (b) showing the name of the principal contractor (or person in charge of the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and (c) showing the name, address and telephone number of the Principal Certifying Authority for the work. Any such sign must be maintained while to building work or demolition work is being carried out, but must be removed when the work has been completed. The installation is to be approved by the Principal Certifying Authority prior to further commencement of site works. (Reason: Statutory requirement)

Conditions that must be complied with during demolition and building work: Construction Hours 25. Any person acting on this consent shall ensure that:- (a) building construction activities are only carried out during the following hours: i. between Monday to Friday (inclusive)—7.00am to 5.00pm, ii. on a Saturday—8.00am to 5.00pm.



(b) building construction activities must not be carried out on a Sunday or a public holiday unless prior approval has been obtained (c) demolition and excavation works must only be carried out between Monday to Friday (inclusive) between 8.00am and 5.00pm. (Reason: To ensure that works do not interfere with reasonable amenity expectations of residents and the community) Demolition 26. Any person acting on this consent must ensure that:- (a) Demolition must be carried out in accordance with AS 2601–1991, Demolition of structures. (b) Demolition materials must not be burnt or buried on the work site. (c) A person having the benefit of this certificate must ensure that all vehicles leaving the work site carrying demolition materials have their loads covered and do not track soil or waste material onto the road. (d) If demolition work obstruct or inconvenience pedestrians or vehicular traffic on an adjoining public road or reserve, a separate application must be made to council to enclose the public place with a hoarding or fence. (e) Erosion and sediment controls must be provided in accordance with the details shown on the approved plans, prior to the disturbance of any soil on the work site and must be maintained in a functional condition throughout the construction activities until the site is stabilised. (f) The work site must be left free of waste and debris when work has been completed. (Reason: To ensure that work is undertaken in a professional and responsible manner and to protect adjoining property and persons from potential damage) Dust Management

27. The demolition and construction shall be carried out in a manner that minimises dust generation from the site, including wind-blown and traffic-generated dust as far as practicable. All project related activities on the site shall be undertaken with the objective of minimising visible emissions of dust from the site. All vehicles leaving the site must have the loads covered such as to prevent dust emissions. Should visible dust emissions attributable to the demolition and construction occur, the development person acting on the consent shall identify and implement all practical dust mitigation measures, including the cessation of demolition and construction activities, as appropriate, such that emissions of dust are minimised. (Reason: To ensure the development operations does not cause excessive dust.) Aboriginal Artefacts 28. In the event that any artefacts of cultural heritage significance are unearthed outside or within the immediate areas during construction, site works must cease and the NSW Office of Environment and Heritage (OEH) EnviroLine (phone 131 555), must be informed immediately. The site is to be recorded and management strategies put in place for protection before any further work can commence in the area. (Reason: To ensure that measures are in the event that items of Aboriginal cultural significance are unearthed.) be complied with prior to the issue of any occupation certificate:



Conditions which must be complied with prior to the issue of any occupation certificate:

Consolidation of Lots 29. Lots 15, 16, 17, 18 & 19 Section 11 DP 758672 shall be consolidated to create a single title. Prior to the issue of any Occupation Certificate the registered plan of consolidation must be submitted to the Certifying Authority. (Reason: To facilitate the management of the land.)

Final Excavation Report

30. Prior to the issues of any Occupation Certificate the person acting on this consent must submit a Final Excavation Report that demonstrates compliance with the conditions of the Excavation Permit. Note: this condition applies where an Excavation Permit has been issued pursuant to Section 140 of the Heritage Act 1977.

(Reason: To ensure the excavation work has been carried out in accordance with the conditions of the Excavation Permit.)

Vehicular Access

31. Prior to the issue of any Occupation Certificate the access driveways to the proposed development shall be constructed in accordance with Council’s standard vehicle layback (commercial) specifications (as detailed on Council’s Standard Drawing No. SVL-001 (as amended)).

Note: approval under Section 138 of the Roads Act 1993 is required prior to the commencement of any works within the road reserve.

(Reason: To ensure that appropriate access is provided to the lot.)

Footpath/Cycleway

32. Prior to any Occupation Certificate for Stages 1 and 2 the concrete footpath/cycleway shall be constructed in accordance with the approved plans and Council’s Engineering Guidelines for Subdivision and Development. (Reason: To facilitate safe and efficient pedestrian access to the site.) Car Parking

33. Prior to the issue of any Occupation Certificate for each stage of the development all off-street car-parking spaces shall be constructed, line marked and signposted in accordance with the approved development plans, appropriate Australian Standards and industry best practice. The pavement of the access ways and parking areas is to be designed to tolerate loads of the heaviest vehicle to access and use the site. (Reason: To ensure ongoing compliance with this development consent and Australian Standards relating to manoeuvring and access of vehicles) Parking Signs

34. All vehicle that use the site must turn off engines immediately upon parking. Prior to the issue of any Occupation Certificate signage advising “Idle free zone – Please Turn Engine off” must be installed in both the truck parking area and light vehicle parking area in locations and at sufficient frequency such that they are visible to vehicle operators at the time of parking. (Reason: to minimise the generation of noise and exhaust fumes from the site.)



Bicycle Parking Facilities

35. Prior to the issue of any Occupation Certificate for Stages 1, 2 and 3 bicycle parking facilities must be provided to the parking space fronting elevation of each retail building in accordance with AS 2890.3: 1993 Bicycle Parking Facilities. (Reason: To ensure provision is made for on-site bicycle parking.)

Operation of Mechanical Plant 36. All sound producing plant, equipment, machinery, fittings, ducting, refrigeration systems associated with the development, shall be sound insulated and/or isolated so that the noise emitted does not exceed 5dB(A) above the background level in any octave band from 63.0 HZ centre frequencies inclusive, and not more than 5 dB(A) above the background level (LA90) during the day when measured at the nearest affected residence. For assessment purposes, the above LAeq sound levels are to be adjusted in accordance with EPA guidelines for tonality, frequency weighting, and impulsive characteristics where necessary, at any time the plant is in operation, at the boundary of the site. Note: The method of measurement of sound shall be carried out in accordance with Australian Standard 1055.1 - 1989. A report and certification prepared by an appropriately qualified or accredited person shall be submitted to the Certifying Authority demonstrating compliance with this condition prior to the issuing of any Occupation Certificate for Stage 1, Stage 2 and Stage 3. (Reason: To ensure that noise generated from the development does not result in offensive noise to any other party) Stormwater 37. Prior to the issue of any Occupation Certificate the stormwater system must be constructed and operational in accordance with the approved plans. An appropriately qualified and practising Civil Engineer shall provide signed Works-as-Executed drawings and certification to the Certifying Authority that the stormwater drainage system has been constructed in accordance with this consent and the provisions of AS3500. (Reason: To ensure there is adequate stormwater drainage in place for the development.) Sewer Main Relocation 38. Certified Works-as-Executed drawings accompanied by written confirmation from Upper Hunter Shire Council Instructure Services Department that the sewer main relocation has been completed shall be submitted to, and approved by the Certifying Authority prior to the issue of any Occupation Certificate.

(Reason: To ensure appropriate sewer infrastructure is available to the allotments.) Civil Engineering Drawings

39. Prior to the issue of any Occupation Certificate for each stage of the development, the applicant shall submit to Council one set of electronic files in both Portable Document Format (.pdf) and in CAD Drawing (.dwg) format (MGA co-ordinates), with each of the services on a separate and one set of paper copies of the works as executed plans for the infrastructure that will be dedicated to Council which include roads alterations, footpath/cycleway and sewer.



Each sheet is to include a bar scale or scales adjacent to the title block showing the scale (the works as executed plan is to be scaled at 1:500) and each sheet is to be properly signed and dated by the person responsible for the carrying out of those works. Further, the works are to comply with Upper Hunter Shire Council’s Engineering Guidelines for Subdivision and Development.

NOTE: The provision of a table on the works as executed plan which details: the distance from the centre of the downstream manhole to each sideline, house connection, and dead end; the depths to invert; and the length of such sidelines.

(Reason: So that Council may ensure that the construction is in accordance with Council's requirements, and so that a permanent record of the design as constructed may be held by Council, to assist in future maintenance, or for the information of the emergency services.)

Operational Environmental Management Plan 40. Prior to the issue of any Occupation Certificate the person acting on this consent shall submit an Operational Environmental Management Plan (OEMP) to the Consent Authority (Upper Hunter Shire Council) for approval. Note: Council may require the applicant/person acting on the consent to amend the plans prior to any such approval. The OEMP shall: a) Provide the strategic framework for environmental management of the service station. b) Identify all statutory approvals that apply to the operation of the service station. c) Identify how the service station satisfies Environmental Actions for Service Stations: Information Sheet 3 – Forecourt Design, Operation and Maintenance and any other relevant guidelines, industry codes of practice or Australian Standards. d) Describe the role, responsibility, authority and accountability of all key personnel involved in the environmental management of the service station. e) Provide an inspection and maintenance schedule of: stormwater drainage, grates, spill capture tank, litter and grounds, signage and electrical controls. f) Provide a methods statement for the inspections and maintenance (including details of the frequency of such inspections and maintenance). g) Include the pro-forma sheets for record-keeping of inspections and maintenance (Note: Records must be maintained for the inspection and maintenance program and must be available for inspection by the consent authority or appropriate regulatory authority). (Reason: To ensure adequate systems are in place to protect the environment.) Site Management Plan

41. Prior to the issue of any Occupation Certificate the person acting on this consent must submit a Site Management Plan to the Certifying Authority. The Site Management Plan must include a copy of the Notice of Determination and consent conditions and address the following previsions for: a) cleaning and picking up litter from the fast food outlet outside the perimeter of the development site, on nearby footpaths and roads.

b) removal of graffiti within 24-48 hours

c) repair and maintenance of signage

d) repair and maintenance of buildings and other structures

e) maintenance of landscaping to ensure passive surveillance



Redundant vehicle crossings 42. Where a redundant layback will occur at the frontage of the property, a new concrete kerb and gutter must be constructed to replace the redundant layback prior to the issue of any Occupation Certificate. (Reason: To enhance the streetscape.) Mechanical exhaust ventilation 43. The mechanical exhaust system shall be installed in accordance with AS1668, and be operated in such a way so as to minimise/prevent the creation of odours, fumes and excessive noise which may adversely affect the amenity, or interfere unreasonably with the comfort or repose of occupants of the building and adjoining premises. Certification, from an appropriately qualified and practising Mechanical Engineer, is to be submitted to the Principal Certifier, detailing that the exhaust ventilation system has been installed in accordance with AS1668, prior to completion and the issuing of any Occupation Certificate. (Reason: To ensure compliance with acceptable standards for the construction and operation of mechanical plant) Disposal information 44. Upon completion of works and prior to the issue of any Occupation Certificate the person entitled to act on this consent shall provide to Council the following information; (a) the total tonnage of all waste and excavated material disposed of from the site; (b) the disposal points and methods used; and (c) a copy of all disposal receipts is to be provided (Reason: To ensure responsible disposal of waste material.) Site Management Plan 45. Prior to the issue of any Occupation Certificate the person acting on this consent must submit a Site Management Plan to the Certifying Authority. The Site Management Plan must include a copy of the Notice of Determination and consent conditions and address the following provisions for: a) cleaning and picking up litter from the fast food outlet outside the perimeter of the development site, on nearby footpaths and roads. b) removal of graffiti within 24-48 hours c) repair and maintenance of signage d) repair and maintenance of buildings and other structures e) maintenance of landscaping to ensure passive surveillance f) maintenance/cleaning of the area between the acoustic barrier and the property boundaries g) cleaning and maintaining gross pollutant devices (Reason: To ensure provision is made to ensure space management.)



Conditions that must be complied with at all times:

Vehicle Speeds

46. At all times vehicle speed within the site shall be limited to 10km/hr. Standard “10km/hr” signage shall be installed and maintained at all entrances and within each of the internal movement areas. (Reason: To minimise the noise generated by vehicle movement and ensure pedestrian safety.)

Lighting

47. At all times the illumination of the external signs shall comply with AS4282-1997 Control of the obtrusive effects of outdoor lighting and must be fitted with a device that can control the level of illumination. (Reason: To ensure the illumination does not cause unacceptable glare that impacts on the amenity of nearby residents.)

Loading within site

48. At all times all loading and unloading operations shall be carried out wholly within the confines of the site and within loading bays designated on the approved plans.

(Reason: To ensure that deliveries can occur safely within the site and does not adversely affect traffic or pedestrian amenity.)

Landscaping

49. At all times the landscaped area of the development is to be maintained at all times in accordance with the approved landscape plan.

(Reason: To ensure the visual amenity of the streetscape is maintained.)

Special conditions relating to crime prevention: Surveillance 50. Surveillance equipment (CCTV) shall be provided to enhance the physical security of the business’s and assist with the identification of people involved in anti-social or criminal behaviour. The following must be applied:

a) Cameras installed in and around the business to maximise surveillance opportunities. b) Cameras monitoring the cashier’s area, high cost merchandise areas with poor natural supervision and entry/exit doors. c) Video monitors enabling staff to monitor activities on the camera. d) Recording equipment is installed away from the counter area such as to avoid tampering. e) CCTV footage kept for a minimum of 21 days. f) Appropriate warning signs displayed advising patrons of CCTV in use. g) Store windows not obstructed with merchandise that may hinder passive surveillance into or out of the buildings. Documentary evidence demonstrating compliance with the above requirements shall be submitted to the Certifying Authority prior to the issue of any Occupation Certificate. (Reason: To ensure appropriate surveillance measures are in place to deter crime and anti-social behaviour.)



Lighting 51. At all times all lighting to the internal roads, car park and pedestrian movement areas shall comply with AS/NZS1158 Lighting for roads and public spaces. (Reason: To ensure an effective level of lighting to facilitate passive surveillance of the outdoor publicly accessible spaces.) 52. At all times security sensor lighting must be installed and operational to areas within the site that are not in use between evening and day times hours. (Reason: To ensure there is adequate and effective surveillance of all areas.) Landscaping 53. At all times mature vegetation should allow clear sightlines to allow people to see and be seen. (Reason: To ensure landscaping allows effective passive surveillance within the site.) Access Control 54. The following must be applied: a) The main entry/exit points for this development be fitted with single cylinder locksets (AS/NZS – lock sets), which comply with the Building Code of Australia. b) The windows be fitted with key operated locksets to restrict unauthorised access to the buildings. c) Counters of retail premises be designed to reduce the opportunity for assault of staff and unauthorised access to behind counter areas. d) A monitored intruder alarm system be installed and a duress facility be incorporated into the system to enable staff to active the alarm system manually in the event of an emergency or robbery. e) For highway service centre staff: be able to control the main customer entry/exit point from behind the service counter so that they can control customer entry within the later hours of trading. f) For businesses handling cash, a safe designed and installed to the Australian Standards could be used to provide additional security to money and other valuables. A drop safe for use in the 24 hour highway service centre to ensure a minimum amount of money is kept in the cash register. Documentary evidence demonstrating compliance with the above requirements shall be submitted to the Certifying Authority prior to the issue of any Occupation Certificate. Territorial Reinforcement 56. Prior to the issue of any Occupation Certificate the counter area shall be a secured lockable area, fitted with anti-jump barriers to restrict persons from jumping the counter or having unauthorised access to behind the counter. Documentary evidence demonstrating compliance with the above requirements shall be submitted to the Certifying Authority prior to the issue of any Occupation Certificate. (Reason: To ensure the safety and security of highway service centre staff.)

NSW Roads and Maritime Services: 57. As road works are required on The Golden Highway, the person acting on the consent must enter into a Works-Authorisation Deed (WAD) with Roads and Maritime. Roads and Maritime would exercise its powers and functions of the road authority, to undertake road works in accordance with Sections 64, 71, 72 and 73 of the Roads Act 1993, as applicable, for all works under the WAD (Attachment A).



All road works under the WAD shall be completed prior to issuing any Occupation Certificate for the development. Note: The Conditions of Consent do not guarantee Roads and Maritime’s final consent to the specific road work, traffic control facilities and other structures or works, for which it is responsible, on the road network. Roads and Maritime must provide a final consent for each specific change to the classified (State) road network prior to the commencement of any work. Note: The WAD process, including acceptance of design documentation and construction, can take time. The developer should be aware of this and allow sufficient lead time within the project development program to accommodate this process. It is therefore suggested that the developer work through this process as soon as possible with the Roads and Maritime.



Attachment A:




Identification of approved plans:

1. The development being carried out in accordance with the development application, the

drawings referenced below and Statement of Environmental Effects dated 29 November 2019 except where amended by the conditions of consent.

JOB REFERENCE NO SHEET

NO REVISION

NO DRAWN BY DATE

042-19 1 - PB Eveleigh Plan Service

03.07.2019

(Reason: To ensure that the form of the development undertaken is in accordance with

the determination of Council)

2. A copy of all stamped approved plans, specifications and documents (including the Construction Certificate if required for the work incorporating certification of conditions of approval) must be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Certifier. (Reason: To ensure that the form of the development undertaken is in accordance with


Operational conditions imposed under the environmental planning and assessment act and regulations and other relevant legislation:

3. All building work must be carried out in accordance with the provisions of the National

Construction Code Series. (Reason: Prescribed by legislation)

4. Home Building Act Requirements (1) Building work that involves residential building work (within the meaning and

exemptions provided in the Home Building Act) must not be carried out unless the Principal Certifier for the development to which the work relates:

(a) in the case of work to be done by a licensee under that Act:

i. has been informed in writing of the licensee’s name and contractor licence number, and

ii. is satisfied that the licensee has complied with the requirements of the Home Building Act, or

(b) in the case of work to be done by any other person:

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

ii. has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.



Note: The amount referred to in paragraph (b)(ii) is prescribed by regulations under the Home Building Act 1989. As at the date on which this Regulation was Gazetted, that amount was $10,000. As those regulations are amended from time to time, that amount may vary.

(2) A certificate purporting to be issued by an approved insurer under Part 6 of the Home

Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.

Note: Insurance thresholds are set out in Clause 53 of the Home Building

Regulation 2014, stating that for the purposes of sections 92 (3) and 96 (3) (e) of the Act, the amount of $20,000 (inclusive of GST) is prescribed.

(3) If arrangements for doing residential building work are changed while the work is in

progress so that the information submitted to Council is out of date, further work must not be carried out unless the Principal Certifier for the development to which the work relates (not being the Council), has given the Council written notice of the updated information.

(Reason: Prescribed by legislation)

Ancillary matters to be completed prior to the issue of the construction certificate:

5. Prior to the issue of a Construction Certificate, a full set of construction plans demonstrating compliance with the National Construction Code Series shall be submitted to the Principal Certifier.

(Reason: Prescribed by legislation.)

Conditions that must be addressed prior to commencement:

6. Where construction or excavation activity requires the disturbance of the soil surface and existing vegetation, adequate measures for erosion and sediment control shall be provided. As a minimum, control techniques are to be in accordance with The Blue Book published by Landcom provisions on Erosion and Sediment Control, or a suitable and effective alternative method. All required erosion and sedimentation techniques are to be properly installed prior to the commencement of any site works and maintained in a functional and effective condition throughout the construction activities until the site is stabilised. The installation is to be approved by the Principal Certifier prior to further commencement of site works. (Reason: To protect the environment from the effects of sedimentation and erosion

from development sites)

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

(a) stating that unauthorised entry to the work site is prohibited; (b) showing the name of the principal contractor (or person in charge of the work site), and

a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and



(c) showing the name, address and telephone number of the Principal Certifier for the work. Any such sign must be maintained while to building work or demolition work is being carried out, but must be removed when the work has been completed. The installation is to be approved by the Principal Certifier prior to further commencement of site works. (Reason: Statutory requirement)

8. No works shall commence on site until such time as a Construction Certificate has been issued for either part or all of the works. If a certificate is issued for part of the works it must cover the works being undertaken onsite. (Reason: Prescribed – Statutory)

Conditions that must be complied with during demolition and building work:

9. In order to ensure compliance with approved plans, a Survey Certificate, to Australian Height Datum, shall be prepared by a Registered Surveyor as follows:-

(a) at the initial footing/slab reinforcement inspection of the ground floor level indicating the level of that floor and the relationship of the building to the boundaries;

Progress certifications in response to points (a) through (c) shall be provided to the Principal Certifier at the time of carrying out relevant progress inspections. Under no circumstances will work be allowed to proceed should such survey information be unavailable or reveal discrepancies between the approved plans and the proposed works. (Reason: To ensure compliance with approved plans)

10. Any person acting on this consent shall ensure that:-

(a) building construction activities are only carried out during the following hours: i. between Monday to Friday (inclusive)—7.00am to 5.00pm, ii. on a Saturday—8.00am to 5.00pm;

(b) building construction activities must not be carried out on a Sunday or a public holiday;

(c) demolition and excavation works must only be carried out between Monday to Friday

(inclusive) between 8.00am and 5.00pm; unless prior written approval has been obtained from Council. (Reason: To ensure that works do not interfere with reasonable amenity expectations of

residents and the community)

11. Building materials and equipment must be stored wholly within the work site, unless prior written approval has been obtained from Council. Equipment must not be operated on the footpath or roadway, unless prior written approval has been obtained from council. (Reason: To ensure public safety and amenity on public land)

12. Any person acting on this consent must ensure that:-

(a) all excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.



(b) all excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

(c) demolition work must be undertaken in accordance with the provisions of AS2601-

Demolition of Structures. (d) the builder is to ensure that persons working on the site comply with the WorkCover

Authority’s requirements. (Reason: To ensure that work is undertaken in a professional and responsible manner

and protect adjoining property and persons from potential damage)

13. The applicant shall bear the cost of all restoration works to Council’s property damaged during the course of this development. (Reason: To ensure the protection of existing public infrastructure)


14. The building is not to be used or occupied until a final inspection has been carried out and any Occupation Certificate has been obtained from the Principal Certifying Authority. (Reason: Prescribed - Statutory.)


15. At all times, all stormwater from the development, including all hardstandings and overflows

from rainwater tanks, shall be collected and disposed of by way of properly constructed stormwater lines to:

(a) the existing stormwater drainage on site; (Reason: To ensure the suitable disposal of stormwater generated by the development)


Infrastructure Services


SCR.02.3 INFRASTRUCTURE SERVICES COMMITTEE


AUTHOR: Nicholas Havyatt - Director Infrastructure Services

RECOMMENDATION

That Council adopt the minutes of the Infrastructure Services Committee meeting held on Tuesday, 11 February 2020.

BACKGROUND The Infrastructure Services Committee provides policy and direction, along with an update on the planned program for roads, bridges, water and sewerage work, parks and building. REPORT/PROPOSAL ISC.02.1 WORKS PROGRAM - INFRASTRUCTURE SERVICES - WATER AND SEWER

The Works program – Infrastructure Services – Water and Sewer report provides an updated on all works undertaken by the water and sewer team over the previous month and planned works for upcoming months. ISC.02.2 WORKS PROGRAM - INFRASTRUCTURE SERVICES

The Works program – Infrastructure Services report provides an updated on all works undertaken by the works delivery team over the previous month and planned works for upcoming months. ISC.02.3 SPECIAL PROJECTS UPDATE

The Special Projects Update report provides an updated on all works undertaken by the special projects team over the previous month and planned works for upcoming months. ISC.02.4 CAPITAL WORKS UPDATE

The Capital Works Update provides an updated on all capital works projects within the 2019/2020 budgetary period. ISC.02.5 SCONE TO MURRURUNDI PIPELINE MONTHLY REPORT

The Scone to Murrurundi Pipeline Monthly Report provides an updated on the pipeline progress and upcoming works. ISC.02.6 WATER CONSUMPTION UPDATE AND SUMMARY

The Water Consumption Update and Summary report provides an update on water consumption across the Shire.




ISC.12.7 ANSWERS TO COUNCILLOR QUESTIONS

At each Infrastructure Services Committee meeting the Councillors ask questions to the Infrastructure Services Director and Managers. Some questions require further investigation and actions to be made and a report is provided back to the Committee at the next meeting. Questions are noted on the Minutes and will be answered at the next month’s Infrastructure Services Committee meeting.

ATTACHMENTS

1 Infrastructure Services Committee - 11 February 2020 - Summary Minutes

RESOLVED That Council adopt the minutes of the Infrastructure Services Committee meeting held on Tuesday, 11 February 2020.

Moved: Cr M Collison Seconded: Cr R Campbell CARRIED

ATTACHMENT NO: 1 - INFRASTRUCTURE SERVICES COMMITTEE - 11 FEBRUARY 2020 - SUMMARY MINUTES

ITEM NO: SCR.02.3





COMMITTEE/DELEGATES REPORTS

C.02.1 AUSTRALIA DAY COMMITTEE - MERRIWA DISTRICT


AUTHOR: Tash Taaffe - Community Services Officer

RECOMMENDATION That Council endorse the minutes of the Australia Day – Merriwa District Committee meeting held on 4 February 2020.

BACKGROUND The Australia Day Committee – Merriwa District is a S355 Committee of Council established to oversee the planning and provision of Australia Day activities in the Merriwa district. The Committee consists of Cr Ron Campbell and community members and is supported by staff from Community Services. REPORT/PROPOSAL The Committee met to complete a post-event evaluation of the 2020 Australia Day – Merriwa event and discuss potential new committee members.

ATTACHMENTS

1 Australia Day Committee - Merriwa District - 4 February 2020 - Minutes

RESOLVED That Council endorse the minutes of the Australia Day – Merriwa District Committee meeting held on 4 February 2020.

Moved: Cr R Campbell Seconded: Cr L Watts CARRIED

ATTACHMENT NO: 1 - AUSTRALIA DAY COMMITTEE - MERRIWA DISTRICT - 4 FEBRUARY 2020 - MINUTES

ITEM NO: C.02.1


MINUTES OF THE AUSTRALIA DAY COMMITTEE - MERRIWA DISTRICT MEETING - TUESDAY 4 FEBRUARY 2020 - 6.00pm

PRESENT: Mr Bryan Baker (acting chair), Cr Ron Campbell, Mrs Shirley Hunt, Mrs

Margaret Wright, Mrs Dale Wesley, Mrs Deirdre Peebles, Kay Burgess and Mrs Jan Cronin

IN ATTENDANCE: Tash Taaffe (minutes) Community Services Officer 1. APOLOGIES RECOMMENDATION That the apologies received from Arthur Williams, Ean Cottle and Cr Campbell be accepted Moved: D. Peebles Seconded: S. Hunt CARRIED

2. DISCLOSURE OF INTEREST - nil 3. PREVIOUS MINUTES RECOMMENDATION That the minutes of the Australia Day Committee - Merriwa District Meeting held on 21 January 2020, as circulated, be taken as read and confirmed as a correct record.

Moved: J. Cronin Seconded: K. Burgess CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES - nil 5. AGENDA ITEMS

(i) Post Event Evaluation:

All agreed the Ambassador Graham Ross was great, engaged well with Committee and community. Attendance numbers were very good (approximately 200) and many positive comments received during and after the event.

There were a few areas for improvement including a proof reading error in the program (one nominee had the incorrect spiel). T Taaffe advised the parent of the nominee was contacted the next day and 10 new programs with the correct information delivered to her door. The family were happy with apology and outcome. The winners were posted on Facebook before the end of the Merriwa ceremony on Merriwa Connect. T. Taaffe advised the person making post misread the press release that should have been embargoed until 12.30pm. The person apologised to Council on the Facebook post. Communications responded on behalf of Council.

D. Wesley said she’d prefer not to be acknowledged for the UN Year of display in future. J. Cronin was disappointed with lack of assistance received from RSL. The set up of chairs, tables and stage area was left to the committee. B. Baker suggested the Committee insist on representation from senior management or a Board representative in future from the host venue rather than a casual employee. B. Baker will provide feedback to Michael O’Neil (RSL board member) in person next week.

ATTACHMENT NO: 1 - AUSTRALIA DAY COMMITTEE - MERRIWA DISTRICT - 4 FEBRUARY 2020 - MINUTES

ITEM NO: C.02.1


S. Hunt would like watermelon cut in wedges with skin left on in future as with skin removed there was a lot of juice and it was hard to handle. M. Wright would like committee to consider specifying who is in each category in the program next year. D. Peebles said she’d prefer it to remain as is, particularly for those categories with only one nomination. B.Baker suggested discuss this further at next meeting. B. Baker requested a review of the quantity of nibbles on tables as there was wastage after the event.

(ii) Membership

M. Wright said Peta Luke may be interested in joining the committee next year. D. Peebles spoke to M. Gilder at the event and he said he would like to be involved on the Committee next year. T. Taaffe to invite both to next committee meeting in October.

(7) ACTION SHEET – Letter of thanks to Merriwa Rotary for cooking BBQ.

(8) CORRESPONDENCE -

28.1.20 –To Christine Riley regarding apology for misprint in program (9) GENERAL BUSINESS - nil (10) NEXT MEETING – 13 October 2020 – 6pm – Merriwa RSL Fletcher Room The meeting was declared closed at 7.01pm.




C.02.2 UPPER HUNTER & KIA ORA MUSIC COMMITTEE

RESPONSIBLE OFFICER: Kerri Cone - Manager Community Services

AUTHOR: Amanda Catzikiris - Community Services Officer

RECOMMENDATION That Council adopt the minutes of the Upper Hunter & Kia Ora Youth Music Committee meeting held on 21 January 2020.

BACKGROUND The Upper Hunter and Kia Ora Youth Music Committee oversee the annual Youth Music Camp. Council is one of the major sponsors of this cultural event. All funds are held within Council’s finances. REPORT/PROPOSAL Children from all schools in the Upper Hunter Shire are invited to participate in the 2020 Upper Hunter and Kia Ora Youth Music Camp. It will be held on 1, 2 and 3 April 2020, culminating with a concert at Scone High School on the Friday evening. Parents and community are welcome to attend the showcase concert. This will be a celebration of the 20th anniversary of the camp. It will feature an instrumental and a vocal section that will cater for all ages and abilities. The elective sections will include a choice of dance, junk percussion or ukulele.

ATTACHMENTS

1 Minutes of Upper Hunter & Kia Ora Youth Music Committee meeting - 21 January 2020

RESOLVED That Council defer the adoption of the minutes of the Upper Hunter & Kia Ora Youth Music Committee meeting held on 21 January 2020 subject to further information.

Moved: Cr L Driscoll Seconded: Cr R Campbell

ATTACHMENT NO: 1 - MINUTES OF UPPER HUNTER & KIA ORA YOUTH MUSIC COMMITTEE MEETING - 21 JANUARY 2020

ITEM NO: C.02.2


MINUTES OF THE UPPER HUNTER & KIA-ORA YOUTH MUSIC COMMITTEE MEETING - TUESDAY 21 JANUARY 2020 - 3.30pm

PRESENT: Aaron Rothemund, Gillian Miles, Matthew Holloway, Dr Ian Cook (phone). IN ATTENDANCE: Wayne Phelps - Finance Manager (Chairperson), Amanda Catzikiris -

Community Services Officer 1. APOLOGIES RECOMMENDATION That the apologies received from Elizabeth Hickey and Jason Buckley be accepted. Moved: Matthew Holloway Seconded: Dr Ian Cook

2. DISCLOSURE OF INTEREST

Nil

3. PREVIOUS MINUTES RECOMMENDATION That the minutes of the Upper Hunter & Kia-Ora Youth Music Committee Meeting held on 22 October 2019, as circulated, be taken as read and confirmed as a correct record. Moved: Matthew Holloway Seconded: Aaron Rothemund

4. BUSINESS ARISING FROM PREVIOUS MINUTES

4.1 Update on documentary – Grenville Kent (film maker / producer) is preparing a report for the Committee including costing. He will offer a reduced fee for the project, which will include opportunity for off-site interviews with Jack Bailey and Simone Easthope. 4.2 Creative Kids Voucher – Registration process complete. Waiting confirmation on eligibility. 4.3 Tutors – Paul Jarmen has been confirmed for the choir section.

5. AGENDA ITEMS

5.1 Logo Competition – Successful entry chosen was Luke Baker from Scone Grammar School. This will be used in all camp promotions.

6. ACTION SHEET 7. CORRESPONDENCE

Nil

8. GENERAL BUSINESS

8.1 Promotional Material – Discussion regarding a showbag for students attending the anniversary camp and additions to the program to highlight the success stories. Invite sponsors to display pull-up banners at the finale concert.

9. NEXT MEETING

4.30pm - Tuesday 28 April 2020 - The meeting was declared closed at 4.30pm.


Corporate Services


C.02.3 SCONE & UPPER HUNTER REGIONAL SALEYARDS COMMITTEE

RESPONSIBLE OFFICER: David Gatwood - Manager Business Services

AUTHOR: Joanne McLoughlin - Property & Business Coordinator

RECOMMENDATION That Council adopt the minutes of the Scone & Upper Hunter Regional Saleyards meeting held on 21 November 2019.

BACKGROUND The Committee provides recommendations to Council in relation to the management and performance of the Scone & Upper Hunter Regional Saleyards. REPORT/PROPOSAL The purpose of this report is to provide the committee with details relating to the operational management of the Saleyards, including WHS, current projects, financial and performance management. The majority of the meeting involved a walk though of the facility to discuss any concerns or defects from the Upgrade Project, as well as reviewing the remaining works. The Agents requested a review of the Emergency Tag fee, which Council agreed to undertake.

ATTACHMENTS

1 Scone & Upper Hunter Regional Saleyards - 21 November 2019 - Minutes

RESOLVED That Council adopt the minutes of the Scone & Upper Hunter Regional Saleyards meeting held on 21 November 2019.

Moved: Cr M Collison Seconded: Cr R Campbell CARRIED

ATTACHMENT NO: 1 - SCONE & UPPER HUNTER REGIONAL SALEYARDS - 21 NOVEMBER 2019 - MINUTES

ITEM NO: C.02.3


MINUTES OF THE SCONE & UPPER HUNTER REGIONAL SALEYARDS MEETING - THURSDAY 21 NOVEMBER 2019 - 3.00pm

PRESENT: Cr Maurice Collison, Cr Wayne Bedggood, Mr Allan Watts, Ms Jane

Bennett, Mr Stuart Sheldrake, and Mr Peter Sawyer. IN ATTENDANCE: D Gatwood, A Fletcher, D Barry, B Peel, T Carr, R Endersby

1. APOLOGIES RECOMMENDATION TO COUNCIL : That the apologies received from Cr Ron Campbell, Mrs J McLoughlin, Mr K Knight Mr P Townsend and Mr S Sheldrake be accepted. Moved: W Bedggood Seconded: P Sawyer CARRIED

2. DISCLOSURE OF INTEREST

Mr A Watts – Feed Contractor

3. PREVIOUS MINUTES

RECOMMENDATION That the minutes of the Scone & Upper Hunter Regional Saleyards Meeting held on 14 November 2019, as circulated, be taken as read and confirmed as a correct record. Moved: W Bedggood Seconded: M Collison CARRIED

4. BUSINESS ARISING FROM PREVIOUS MINUTES

Mayor Bedggood requested evidence that the new fees and charges for cattle feeding at the Saleyards had been presented to the Committee, before the previous meeting.

5. AGENDA ITEMS Saleyards Business Report D Gatwood – Manager Business Services gave a brief overview of the Business Report. Current projection of Thru Put to be reviewed in January. Sales will flatten out again due to

lack of cattle Saleyards staff to continue with trial of mixing sand and sawdust as the flooring in the yards.

Selling Ring

Replace boards on stairs and landing by 11 November – End of month Painting to commence 11 November – December 2nd Cladding of exterior wall completed by end of November – On Hold Install the pigeon spikes will be installed in November - Not yet commenced Disabled seating area will be constructed mid to late November – Not yet

commenced Clean out under seats - Not yet commenced

Weigh room

Works will be completed by mid-November – End of month


ITEM NO: C.02.3


Toilets

Works will be completed by mid-November – End of month New Roof and Selling Yards Stage 4 Roof Extension

Will commence 11 November and completed by 30 November – December 9th

Social Media Comments by Agent Staff The recent comments made by an agents contractor regarding the management of the Saleyards upgrade were addressed. The agent has spoken to the contractor in question and the Chair has advised that this matter is now dealt with. Mayor is to discuss with Manager Business Services internally.

Committee Vacancy – change of Charter from 2 producers to 1 producer/1 buyer Positions may need to be readvertised, and the charter checked to see if can be changed from two producers to one producer and one buyer.

6. ACTION SHEET 7. CORRESPONDENCE 8. GENERAL BUSINESS

Walk around prior to meeting – rubber float valves on troughs are taking in water and not cutting off water once trough full. Saleyards Supervisor requesting Thompson Longhorn switch to hard rubber floats. What were the results of the clearing sale? $60,000.00 received from which $6,000 was paid in commission and $3000 on hire of toilets. Final total will be $51,000.00 minus labour costs. Curfew is to stay as it is currently. Auction box – to be demolished following next Tuesday’s (26/11/2019) and should be completed by Friday. The design is to stay with the same height as is currently, and with stainless steel. Emergency Tags – Ms T Swain questioned why Council is charging $30 for emergency tags that only cost approximately $5 to purchase, and then Council keep the profit while the agents are the ones carrying out the work. Would it be possible for Council to buy the tag for $5, sell to agent for $10 and then agent can do the work and charge the $30 fee to the producer? Standing Fee Invoices – wording needs to be amended from TRANSIT fee and dated properly. Check possibility of standing declaration form – as all members have some degree of interest in the running of the saleyards. Have the option of another form for extraordinary interest. Staff and agents advised to keep an eye on overcrowding in the pens, to ensure equipment is not being damaged. Question was asked as to why saleyards were not utilised during the recent catastrophic fire event.


ITEM NO: C.02.3


Feed charges – check wording – needs to say ‘12 midday after ‘sale’ day’ rather than after Tuesday.

Recommendation: That feed charges will start from midday on the day following the sale. Moved: D Taylor Seconded: P Sawyer

9. NEXT MEETING February 13th 2020 @ 3pm The meeting was declared closed at 4.55pm.




C.02.4 MERRIWA AGED HOSTEL COMMITTEE


AUTHOR: Kerri Cone - Manager Community Services

PURPOSE The purpose of this report is to present the minutes of the Merriwa Aged Hostel Committee (Gummun Hostel) meeting held on 10 February 2020.

RECOMMENDATION That Council adopt the minutes of the Merriwa Aged Hostel Committee meeting held on 10 February 2020.

BACKGROUND The Merriwa Aged Hostel Committee provides advice and recommendations to Council in relation to the provision of a 16 bed aged care facility in Merriwa. The Committee meets every two months to review the operational and financial aspects of the facility. Minutes recorded from the last meeting are attached. REPORT/PROPOSAL The Committee discussed a number of issues noted in the minutes including:

Fundraising activities Accreditation reports and plans Financial reports and forward planning Resident’s social activities at the hostel Future capital works The use of restraints in aged care

It was noted that the hostel is currently operating at full capacity. OPTIONS 1. To accept the recommendation 2. To reject the recommendation 3. To seek further information CONSULTATION

Merriwa Aged Hostel Committee STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows:




Goal 1 A supported Community. CS1 Advocate for, develop and implement programs, services and facilities for our

ageing Community. CS2 Form partnerships and participate in networks which address the needs and

interests of disadvantaged and disability groups in the Community. CS3 Advocate for, support and provide services and facilities for young people,

children, families and people with a disability. CS4 Facilitate partnerships which create and support a safe, inclusive and caring

Community.

Goal 2 Promote wellbeing and a connected, healthy and happy Community. CS5 Advocate for, support and facilitate the provision of facilities for health and

health related services. CS7 Provide and support a broad range of sport, recreation, health and wellness

programs to target age specific needs of residents including younger children, older children, adolescents, families, seniors and people with a disability.

Goal 4 Plan for a sustainable future.

CS15 Plan, facilitate and provide for a changing population for current and future generations.





b. Delivery Program

High quality residential care to the aged. An accredited Aged Hostel in accordance with Commonwealth guidelines. Policies, procedures and standards to ensure Aged Care Accreditation is achieved at

each 3-year review. A facility that operates within approved Food Standards and Food Accreditation.

c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications Hostel policies are currently being reviewed to ensure compliance with new standards. b. Financial Implications The current non-compliance issues from the June 2019 re-accreditation visit has led to additional costs in consultancy fees, infrastructure compliance issues and staffing. The hostel needs to plan for construction work on additional laundry space in the near future, and upgrading of the kitchen and community spaces in coming years The hostel has no current vacancies. c. Legislative Implications The hostel was re-accredited to September 12, 2020, however it must raise the level of its compliance against aged care standards. There are 7 areas of non-compliance that are currently being attended to and an inspection is likely after 2 March 2020. The next application for re-accreditation is due on 20 March 2020 with another full inspection on all standards, expected between April and July 2020. d. Risk Implications While the facility is currently accredited, there is a risk that the facility may not meet the standards at the next inspection. Reputational risk is also an issue. There are many residential care facilities with non-compliance notices since the new standards commenced in July 2019. There may be further requirements developed for all residential care facilities resulting from the Royal Commission. e. Sustainability Implications The hostel provides a home to 16 aged residents, and employment in the local community. Community engagement is of a high level.




Consultancy services are currently assessing a range of sustainability issues.

f. Other Implications Nil CONCLUSION The minutes record the discussion and issues of the committee at its February meeting.

ATTACHMENTS

1 Merriwa Aged Hostel Committee - 10 February 2020 - Minutes

RESOLVED That Council adopt the minutes of the Merriwa Aged Hostel Committee meeting held on 10 February 2020

Moved: Cr R Campbell Seconded: Cr J Burns CARRIED

ATTACHMENT NO: 1 - MERRIWA AGED HOSTEL COMMITTEE - 10 FEBRUARY 2020 - MINUTES

ITEM NO: C.02.4


MINUTES OF THE MERRIWA AGED HOSTEL COMMITTEE MEETING - MONDAY 10 FEBRUARY 2020 - 2.30pm

PRESENT: Mrs Deirdre Peebles (chairperson), Cr Ron Campbell, Ms Margaret Witney, Mr Barry Ghersi and Mrs Edith Shipway

IN ATTENDANCE: Mr Mat Pringle (Director, Environmental and Community Services),

Mr Wayne Phelps (Treasurer), Mr Kristian Enevoldsen (Trustee) Ms Suzanne Duggan (Hostel Supervisor), Ms Julie Wilton (Activity Officer), Ms Kerri Cone (Manager Community Services) and Tash Taaffe (Community Services Officer - minutes), Allen Reed (invited community member)

1. APOLOGIES

RECOMMENDATION

That the apologies received from Mr Ross Bishop and Ms Jan Cronin be accepted. Moved Mr Barry Ghersi Seconded: Cr Ron Campbell CARRIED

2. DISCLOSURE OF INTEREST - nil 3. PREVIOUS MINUTES

RECOMMENDATION

That the minutes of the Merriwa Aged Hostel Committee Meeting held on 9 December 2019, as circulated, be taken as read and confirmed as a correct record. Moved: Mrs Margaret Whitney Seconded: Cr Ron Campbell CARRIED

4. BUSINESS ARISING FROM PREVIOUS MINUTES - nil 5. AGENDA ITEMS

a. Hostel Supervisor’s Report & Activity Officer Report

The reports were circulated and taken as read. Moved that the Hostel Co-ordinator’s report and Activity Officer’s report be accepted. Moved: Mrs Edith Shipway Seconded: Cr Ron Campbell CARRIED

b. Treasurer’s Report The report was provided by the Treasurer at the meeting.

Moved that the Treasurer’s report be accepted. Moved: Mr Barry Ghersi Seconded: Mrs Edith Shipway CARRIED

ATTACHMENT NO: 1 - MERRIWA AGED HOSTEL COMMITTEE - 10 FEBRUARY 2020 - MINUTES

ITEM NO: C.02.4


6. ACTION SHEET

(i) Letter of thanks to Mrs Maree Goodear – completed (ii) W. Phelps to advise balance of Hostel Fundraising account - $26,000 – completed (iii) W. Phelps to source quotes for Maintenance Shed (iv) R. Campbell to advise regarding potential of Hostel hosting Carols in the Park in 2020

7. CORRESPONDENCE IN Aged Care Quality & Safety Commission – regarding approval of Continuous Improvement Plan OUT Letter of thanks to Maree Goodear 11.12.2019 8. GENERAL BUSINESS

a. Formation of two sub-committees

K. Cone advised the recommendation to form two sub-committees has been adopted. The first Clinical Review Committee (CRC) meeting was held on 10 February with K. Cone, S. Duggan and registered nurse Tatum Langad. The first Medication Advisory Committee (MAC) meeting is scheduled for 15 February 2020. All medical and health practitioners have accepted the invitation to join the MAC with flexibility regarding attendance ie. a committee member may submit a written report or elect to attend via phone hook-up if unable to attend in person.

b. Continuous Improvement Plan – Sue Duggan circulated the latest updated plan to the

Committee.

c. Application for Reaccreditation of Service – K. Cone advised the application for reaccreditation is due 20 March 2020, with an accreditation inspection likely to take place between April and July 2020. The visit will be unannounced.

d. Policy Review – Kerri Cone circulated a draft review of the Restraints Policy. Move that the Restraints Policy be recommended as an operational policy for adoption by senior management.

Moved: Mr Ron Campbell Seconded: Mrs Edith Shipway CARRIED

e. Market Day –28 March – J. Wilton advised there is still a lot of preparation to be done for the

Market Day. A number of crafts have already been made for sale by the residents. E. Shipway offered a $100 fuel voucher from the Merriwa Tourist Welcoming Centre as a raffle prize. B. Ghersi offered the services of the Mens Shed or Merriwa Rotary to cook the BBQ for the sausage sizzle.

f. Future Planning – Media – D. Peebles asked for clarification regarding a media report that appeared in Scone.com in January. M. Pringle confirmed that a confidential report was considered by Council at its January meeting regarding options for the future management and operation of the Hostel, but this was not for public disclosure. M. Pringle said more information will be presented to the Committee once a report exploring all options had been prepared. D. Peebles requested Council prepare a press release with positive news regarding the hostel eg new laundry or community bus. (Action Sheet)

9. NEXT MEETING

The next meeting is due on Monday 20 April at 2.30pm. The meeting was declared closed at 4.12pm.




DEVELOPMENT REPORTS

D.02.1 COMMUNITY PARTICIPATION PLAN


AUTHOR: Christine Robinson - Manager Planning, Building & Regulatory Services

PURPOSE

The purpose of this report is to adopt the Community Participation Plan which has been on public exhibition in accordance with the requirements of Section 2.23 of the Environmental Planning and Assessment Act 1979.

RECOMMENDATION

That Council adopt the Community Participation Plan.

BACKGROUND

Updates to the Environmental Planning and Assessment Act 1979 came into force on 1 March 2019. A key objective of the updates is to build community confidence through enhanced community participation in planning processes. As a result, all NSW planning authorities (including councils) are required to prepare a Community Participation Plan (CPP). REPORT/PROPOSAL

The draft plan was considered by Council at its meeting on 25 November 2019 where it was resolved that Council endorse the draft plan and place it on public exhibition for a period of at least 28 days.

The plan was placed on public exhibition from 4 December 2019 to 30 January 2020. No submissions were received during the exhibition period and no amendments have been made to the draft plan.

A copy of the draft plan is provided under separate cover. OPTIONS

1. To adopt the Community Participation Plan. 2. To adopt the Community Participation Plan subject to amendments. CONSULTATION

The draft Community Participation Plan has been on public exhibition during the period 4 December 2019 to 30 January 2020 inclusive. No submissions were received during the exhibition period. STRATEGIC LINKS






BUILT AND NATURAL ENVIRONMENT Goal 3 Protect the natural environment

CS11 Encourage and support active community participation within our community to care for our environment and provide for a sustainable future

Goal 4 Plan for a sustainable future CS14 Provide efficient and effective advisory, assessment and regulatory services

focused on being customer ‘friendly’, responsive and environmentally responsible

LEADERSHIP Goal 8 Provide community leadership

CS30 Effectively and efficiently manage the business of Council, while encouraging an open and participatory Council with an emphasis on transparency, community engagement, action and response

CS34 Community is effectively engaged, can provide opinion and contribute to decisions that plan for the present and future of the Upper Hunter Shire


b. Delivery Program

Support and encourage community participation in the protection of the environment Council wide continuous service improvement Assessment of planning applications Advisory service to the community, including heritage conservation

c. Other Plans

Upper Hunter Development Control Plan 2015 Community Strategic Plan 2027 Community Engagement Strategy

IMPLICATIONS a. Policy and Procedural Implications Nil




b. Financial Implications Nil c. Legislative Implications Division 2.6 of the Environmental Planning and Assessment Act 1979 (the Act) outlines a planning authority’s mandatory community participation requirements, including the preparation of a community participation plan. Community participation plans are to be published on the NSW Planning Portal. d. Risk Implications Should a Community Participation Plan not be prepared, Council would be in contravention of its obligations under the Environmental Planning and Assessment Act 1979 (the Act). e. Sustainability Council should encourage effective and on-going partnerships with the community to provide meaningful opportunities for community participation in planning.

f. Other Implications Council’s community engagement objectives include enhancing the opportunities for all members of the community to participate in planning decisions to achieve better planning outcomes, in an open and transparent process. CONCLUSION The Community Participation Plan will align with Council’s existing Community Engagement Strategy in encouraging open, inclusive, easy, relevant, timely and meaningful opportunities for community participation in local planning functions.

ATTACHMENTS

1 Draft Community Participation Plan Excluded

RESOLVED That Council adopt the Community Participation Plan.

Moved: Cr J Burns Seconded: Cr R Campbell CARRIED




D.02.2 DEVELOPMENT APPLICATION NO. 6/2020 - BILLBOARD SIGN



PURPOSE On 7 January 2020 Council received Development Application No. 6/2020 for a Billboard Sign on Lot 1 DP 1237000, No. 2335 New England Highway Scone. The application is being referred to Council because it does not satisfy the Upper Hunter Development Control Plan 2015.

RECOMMENDATION That Council approve Development Application No. 6/2020 for a Billboard Sign on Lot 1 DP 1237000, No. 2335 New England Highway Scone, subject to the conditions of consent in Attachment 1.

BACKGROUND Applicant: D Zammit (C/ KDC Pty Ltd) Owner: P H Whitehead Proposal: Billboard Sign Location: Lot 1 DP 1237000, No. 2335 New England Highway Scone Zone: RU4 Primary Production Small Holdings Development Application No. 6/2020 for a roadside billboard sign was lodged with Council on 7 January 2020. REPORT/PROPOSAL The site is within a 182ha rural allotment with an approximate 1.7km frontage to the New England Highway. The development application seeks to erect a 2m x 4m sign (McDonald restaurant sign), with an overall height of 3.8m (including the supporting structure), sited approximately 550m from the northern boundary of the property and approximately 3.9m from the front boundary (refer to plans in Attachment 2). The Upper Hunter Development Control Plan 2015 (Part 8b) establishes that the maximum number of signs per lot for the rural areas should be no more than 2 post supported signs. The land already has four other post supported signs. In this regard the development does not comply. However, the existing signs are spaced at distances of approximately 200m and as such the additional sign does not adversely impact on the landscape by way of causing clutter. The Upper Hunter Development Control Plan 2015 also requires that post supported signs in rural areas not exceed 3m2 and have a maximum height of 2m. The proposed has an area of 8m2 and a height of 3.8m and as such does not comply. However, the area and height as proposed is consistent with other signage on the land and along the New England Highway corridor. It does not have an overbearing impact on the landscape.




OPTIONS

1. That Council approve Development Application No. 6/2020 for a Billboard Sign on Lot 1 DP 1237000, No. 2335 New England Highway Scone, subject to the conditions of consent in Attachment 1.

2. That Council refuse Development Application No. 6/2020 for a Billboard Sign on Lot 1 DP 1237000, No. 2335 New England Highway Scone, stating reasons for refusal.

CONSULTATION

Surrounding properties were notified of the development proposal between 22 January 2020 to 6 February 2020. An advertisement was placed in the Scone Advocate on 22 January 2020. No submissions were received by Council. STRATEGIC LINKS



Goal 3 Protect the natural environment Goal 5 A sustainable and prosperous economy


b. Delivery Program

Provide efficient and effective advisory, assessment and regulatory services focused on being Customer ‘friendly’, responsive and environmentally responsible.

c. Other Plans

Nil IMPLICATIONS


Nil


Development application fees of $110 have been paid.





An assessment of the development application has been undertaken pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979 (see Attachment 3).


Council determinations of development applications and modifications in relation to local development can be appealed by a third party in the Land and Environment Court in circumstances where incorrect legal process has been applied. In the case of this development application the relevant considerations under the Environmental Planning and Assessment Act 1979 have been made. There is a low risk of any third party legal appeal in relation to this application.

e. Sustainability Implications Nil

f. Other Implications Nil CONCLUSION The application has been assessed as satisfactory against Section 4.15 of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Shire Development Control Plan 2015. The proposal is in keeping with the site context, is an appropriate form of development for the site and is unlikely to result in any significant adverse impacts. Accordingly, it is recommended that the application be approved subject to appropriate conditions of consent.

ATTACHMENTS

1 DA 6/2020 – Recommended Conditions of Consent

2 DA 6_2020 Plans and Graphics

3 DA 6/2020 Section 4.15 Assessment

RESOLVED That Council approve Development Application No. 6/2020 for a Billboard Sign on Lot 1 DP 1237000, No. 2335 New England Highway Scone, subject to the conditions of consent in Attachment 1.


ATTACHMENT NO: 1 - DA 6/2020 – RECOMMENDED CONDITIONS OF CONSENT ITEM NO: D.02.2



Identification of approved plans:

1. The development being carried out in accordance with the development application and the drawings referenced below and Statement of Environmental Effects dated 15 June 2017, except where amended by the following conditions.

JOB REFERENCE NO SHEET NO REVISION

NO DRAWN BY DATE

Signage Plan - - No Author No Date

Sign Support Structure

- - Muswellbrook Signs No Date

(Reason: To ensure that the form of the development undertaken is in accordance with


Operational conditions imposed under the environmental planning and assessment act and regulations and other relevant legislation:

2. All building work must be carried out in accordance with the provisions of the National

Construction Code Series. (Reason: Prescribed by legislation)

Conditions that must be addressed prior to commencement:

3. No works shall commence on site until such time as a Construction Certificate has been issued for either part or all of the works. If a certificate is issued for part of the works it must cover the works being undertaken onsite. (Reason: Prescribed – Statutory)

Conditions that must be complied with during construction work:

4. Building materials and equipment must be stored wholly within the work site, unless prior written

approval has been obtained from Council. Equipment must not be operated on the footpath or roadway, unless prior written approval has been obtained from council. (Reason: To ensure public safety and amenity on public land)


5. The sign is not to be used until a final inspection has been carried out and an Occupation

Certificate has been obtained from the Consent Authority. (Reason: Prescribed - Statutory.)

ATTACHMENT NO: 1 - DA 6/2020 – RECOMMENDED CONDITIONS OF CONSENT ITEM NO: D.02.2



6. At all times no consent is given or implied for any form of illumination or floodlighting to any

sign. (Reason: To ensure appropriate forms of signage that are consistent with Council’s

controls and those that are desired for the locality, and do not interfere with amenity of nearby properties.)

7. At all times the sign is to be maintained to a high standard. Any damaged, defaced or

vandalised signage must be removed or repaired within one month from the time of damage or when the damage is bought to the attention of either the landowner or person(s) benefiting from the consent.

(Reason: To ensure the appearance of the sign is in accordance with the consent.)

ATTACHMENT NO: 2 - DA 6_2020 PLANS AND GRAPHICS ITEM NO: D.02.2


ATTACHMENT NO: 3 - DA 6/2020 SECTION 4.15 ASSESSMENT ITEM NO: D.02.2


REPORT ON DEVELOPMENT APPLICATION CLASS 1 ALTERATIONS & CLASS 10 BUILDINGS

Including assessment in accordance with Section 4.15

Environmental Planning and Assessment Act 1979

ADDRESS: LOT: 1 DP: 1237000

2335 New England Highway Scone APPLICATION No: DA 6-2020 PROPOSAL: Billboard Sign PLANS REF: DRAWINGS NO. DRAWN BY DATE RECEIVED

PLANNING RELATED DRAWINGS / INFO Signage Plan No Author No date 06.01.2020

Sign Supporting Structure

Muswellbrook Signs No date 6.02.2020

OWNER: Mrs P H Whitehead APPLICANT: Mr D Zammit

C/- Kdc Pty Ltd Suite 2, 125 Bull Street NEWCASTLE WEST, NSW 2302

AUTHOR: Dr P M Smith DATE LODGED: 6 January 2020 AMENDED: ADD. INFO REC’D: DATE OF REPORT: 5 February 2020

SUMMARY OF FACTS ISSUES: The sign does not fully comply with the Upper Hunter Development Control

Plan 2015. It results in an exceedance of the number of billboard (post supported) signs permitted along the frontage of the land (the limitation is two per frontage, however there are four existing signs). The sign also exceeds the area and height limitation.

SUBMISSIONS: No submissions were received. RECOMMENDATION: Approval subject to conditions of consent.



LOCATION MAP

DESCRIPTION OF PROPOSAL The site is within a 182ha rural allotment with an approximate 1.7km frontage to the New England Highway. The development application seeks to erect a 2m x 4m sign (McDonald restaurant sign), with an overall height of 3.8m (including the supporting structure), sited approximately 550m from the northern boundary of the property and approximately 3.9m from the front boundary. RELEVANT HISTORY The land is predominantly used for agricultural purposes. There are four existing billboard signs on the land, these are for:

Scone Race Club Scone Horse Festival Scone Grammar School Landmark

REFERRALS Not referred. SUBMISSIONS Surrounding properties were notified of the development proposal between 22 January 2020 to 6 February 2020. An advertisement was placed in the Scone Advocate on 22 January 2020. No submissions were received by Council. CONSIDERATION The relevant matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, are assessed under the following headings: ENVIRONMENTAL PLANNING INSTRUMENTS

UPPER HUNTER LOCAL ENVIRONMENTAL PLAN 2013 COMMENT Land Use Table Zoning classification RU4 Primary Production Small Holdings Zoning objectives • To enable sustainable primary industry and other compatible land



uses. • To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature. • To minimise conflict between land uses within this zone and land uses within adjoining zones. The proposed sign does not seem to be consistent with the rural zone objectives. However it is compatible with primary production in the sense it does not utilise a large land area and makes use of land that fronts a major road corridor.

Zoning permissibility The proposal is permissible as ‘signage’ in the RU4 zone.

Heritage Conservation (Clause 5.10)

(1) Objectives The objectives of this clause are as follows— (a) to conserve the environmental heritage of the Upper Hunter, (b) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views, (c) to conserve archaeological sites, (d) to conserve Aboriginal objects and Aboriginal places of heritage significance.

(2) Requirement for consent Development consent is required for any of the following—

(a) demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance)—

(i) a heritage item, (ii) an Aboriginal object, (iii) a building, work, relic or tree within a heritage conservation area,

(b) altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item, (c) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed, (d) disturbing or excavating an Aboriginal place of heritage significance, (e) erecting a building on land—

(i) on which a heritage item is located or that is within a heritage conservation area, or (ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,

(f) subdividing land— (i) on which a heritage item is located or that is within a heritage conservation area, or (ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.

The land is identified as an item of Environmental Heritage (I123) ‘St Aubins House’ which includes Lot 2 DP 635388, Lot 104 DP 1096974 and Lot 1420 DP 816817 (now Lot 1 DP 1237000). However St Aubins House is located approximately 700m to the north-west of the proposed sign and is unlikely to be adversely impacted by the proposal.



STATE ENVIRONMENTAL PLANNING POLICIES SEPP 64 – Advertising and Signage

The development application is for a 2m x 4m billboard sign with an overall height of 3m, sited approximately 3.9m from the property boundary with the New England Highway.

Clause 15 stipulates:

(1) This clause applies to land that, under an environmental planning instrument, is within a rural or non-urban zone and on which an advertisement may be displayed with the consent of the consent authority.

(2) Except in a case to which subclause (3) applies, the consent authority must not grant consent to display an advertisement on land to which this clause applies:

(a) unless a development control plan is in force that has been prepared on the basis of an advertising design analysis for the relevant area or precinct in consultation with:

(i) the advertising industry and any body that is representative of local businesses, such as a chamber of commerce, and

(ii) if the land to which the development control plan relates is within 250 metres of a classified road, the Roads and Traffic Authority,

and the display of the advertisement is consistent with the development control plan, or

(b) if no such development control plan is in force, unless: (i) the advertisement relates to the land on which the advertisement is

to be displayed, or to premises situated on that land or adjacent land, and

(ii) specifies one or more of the following particulars: (A) the purpose for which the land or premises is or are used, (B) the identification of a person residing or carrying on an occupation

or business on the land or premises, (C) a description of an occupation or business referred to in sub-

subparagraph (B), (D) particulars of the goods or services dealt with or provided on the

land or premises, or (E) (Repealed) (c) if no such development control plan is in force, unless the

advertisement is a notice directing the travelling public to tourist facilities or activities or to places of scientific, historical or scenic interest.

(3) In the case of an application to display an advertisement on transport corridor land when the Minister is the consent authority, the consent authority must not grant consent to display an advertisement on land to which this clause applies unless the consent authority is satisfied that the advertisement is consistent with the Guidelines.

The land is in a non-urban zone (RU4). There is no specified signage development control plan in force. The proposed billboard sign does not relate to goods or services on the actual premises. The land is within 250m of a classified road (New England Highway). However the proposed sign is considered to be a notice directing the travelling public to tourist facilities. The Upper Hunter Local Environmental Plan 2013 does not define tourist facilities, however the Department of Planning’s ‘Providing for tourism in Standard Instrument Local Environmental Plan’ (December 2009-PN9-006) regards food and drink premises or restaurants as an ‘activity associated with tourism’. In this regard the McDonald restaurant could be considered to be a tourist facility and as such the proposed billboard sign is permissible. Consideration of the Schedule 1 Assessment Criteria is provided in Attachment A at the end of this report. Due to the relatively small scale of the sign the development application does not need to be referred to NSW Roads and Maritime Services.



DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS There are no draft EPI’s applying to the land. REGULATIONS There are no provisions in the regulations relevant to the proposal.

DEVELOPMENT CONTROL PLANS

Development control plan Considered? Comment (only if necessary)

Upper Hunter Development Control Plan 2015

YES Part 8b – Advertising and signage is applicable.

A. Compliance with SEPP 64 Advertising and Signage

An assessment has been undertaken in relation to the clauses and assessment criteria. The proposed signage is considered to comply (refer to Attachment A).

B. Locations of signage The proposed sign is not located on the actual property that contains the lawful business. However as previously discussed it relates to providing information to the travelling public in relation to a tourist related activity. The sign is located such as to take into account the site, existing structures such as the fence, road and other signage and the impact on the streetscape. The sign in this location is unlikely to impact on vegetation, road safety or infrastructure.

C. Types and numbers of signs The maximum number of signs per lot for the rural area is specified as being 2 post supported signs. It would appear that the land already has four other post supported signs. In this regard the development does not comply. However the signs seem to be spaced at distances of approximately 200m and as such do not adversely impact on the landscape by way of causing clutter. Table 15 in the DCP establishes particular requirements for post-supported signs. These are as follows: Shall not project beyond the boundary of a property. Based on the information that has been submitted the sign will be setback 3.9m from the property boundary with the New England



Highway. In this regard it does not project beyond the boundary. Where two signs are proposed the second sign should have the same setback and be of uniform design and spacing. One sign is proposed, however there are 4 existing signs on the land. These signs are a similar scale to the proposed sign. Maximum advertising area and maximum height must not exceed 3 square metres and 2 metres high in rural areas. The proposed sign has an area of 8m2 and a height of 3.8m. In this regard it does not comply with the Upper Hunter DCP. However the area and height as proposed is consistent with other signage on the land and along the New England Highway corridor. It does not have an overbearing impact on the landscape.

D. Visual and scenic quality The Upper Hunter DCP establishes the following outcomes to be achieved: Signage and advertising structures is designed so as to consider the following matters: • nature and density of existing current approved signs on the property and on any adjoining properties and the potential for clutter There are currently the following signs on the land:

Landmark Scone Grammar School Scone Horse Festival Scone Race Club

• scale of the sign relevant to nearby buildings and to viewing distances The nearest buildings are approximately 400m to the west, which as a collection of farm buildings on Lot 1 DP 1237000 (No. 2335 New England Highway. The sign does not impact on the viewing distances to these buildings. • style of the sign relative to the style of existing development within the visual catchment area of the proposed sign. The style of the sign is consistent with existing signage on the land. • impact of the sign on adjoining development or on the use or enjoyment of nearby buildings or land The proposed sign is unlikely to have an adverse impact in this regard.



• existing and future likely character and amenity of the area. The proposed sign is unlikely to have an adverse impact in this regard. • impact of the sign on the landscape or scenic quality of the area The proposed sign is unlikely to have an adverse impact in this regard. • integration of the sign(s) with buildings or other landscape elements There is no building in the vicinity of the proposed sign. The relatively small scale of the sign does not warrant integration into specific landscape elements. • visibility of the sign above the horizon or with the landscape as a backdrop The proposed sign at a height of 3.8 metres will not be visible above the horizon. • effect of the proposal on the natural and man-made landscape. The sign is unlikely to have any adverse effects on the landscape. Text and graphics are compatible with accepted community standard. The text and graphics meet acceptable community standards.

E. Illumination and Noise The proposed billboard sign will not be illuminated.

F. Heritage Conservation The land does contain a heritage item, St Aubins House, however as previously discussed the sign is sited approximately 700m away on the opposite side of the rail corridor and is unlikely to adversely impact on the heritage qualities.

G. Safety The proponent has submitted a plan that shows some structural details of the sign. Notwithstanding the proponent will be required to construct the sign in accordance with the Building Code of Australia. Further structural details will be required to be submitted prior to the issue of a Construction Certificate.

H. Quality



The proposed signage is considered to be of high quality. A condition of consent will be imposed that requires the sign to be maintained to a high standard – if it is damaged or vandalised it will need to be repaired.

Section 94A Levy Contributions Plan 2008

NA

Upper Hunter Development Contributions Plan 2017

NA

ENVIRONMENTAL IMPACTS Satisfactor

y Comment (only if necessary)

Context & Setting YES

Built Form YES

Potential Impact on Adjacent Properties YES

Access, Transport and Traffic NA

Public Domain YES

Utilities YES

Heritage YES

Other Land Resources YES

Stormwater YES

Soils YES

Air/Microclimate YES

Flora and Fauna YES

Waste YES

Energy YES

Noise and Vibration YES

Natural Hazards YES

Technological Hazards YES

Safety, Security and Crime Prevention YES

Social Impact on Locality YES

Economic Impact on Locality YES

Site Design and Internal Design YES

Construction YES

Cumulative Impacts YES

SITE SUITABILITY

Does proposal fit in locality?

YES

Are the site attributes conducive to the development?

YES

IS THE PROPOSAL IN THE PUBLIC INTEREST? Yes



SUMMARY OF LIKELY IMPACTS OF THE DEVELOPMENT All likely impacts of the proposed development have been considered within the context of this report.

ENVIRONMENTAL APPRAISAL CONSIDERED

1 Statutory controls YES

2 Policy controls YES

3 Design in relation to existing building and natural environment YES

4 Landscaping/open space provision NA

5 Traffic generation and car parking provision NA

6 Loading and servicing facilities NA

7 Physical relationship to and impact upon adjoin development (views, privacy, overshadowing, etc.)

YES

8 Site Management issues NA

9 All relevant S4.15 considerations of Environmental Planning and Assessment Act 1979

YES

10 Section 89 LGA 93 including Clause 12 considerations of Local Government Regulations 1993

NA

CONSISTENCY WITH THE AIMS OF PLAN

It is considered that the development is consistent with the specific aims of the plan and the objectives of the zone and development controls.

As such, consent to the development may be granted. CONCLUSION The application has been assessed as satisfactory against Section 4.15 of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Shire Development Control Plan 2015. The proposal is in keeping with the site context, is an appropriate form of development for the site and is unlikely to result in any significant adverse impacts. RECOMMENDATION PURSUANT TO SECTION 4.16/4.17 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT Council, as the consent authority, grant consent to Development Application No. 6/2020 subject to the attached conditions of consent. THAT Council as the consent authority, grant consent to Development Application No. 6/2020 subject to the attached conditions of consent.



REASONS FOR RECOMMENDATION The recommendation that the development application be approved for the following reasons:

The proposal is consistent with the objectives of the RU4 Primary Production Small Lots zone pursuant to the Upper Hunter Local Environmental Plan 2013.

The proposal is consistent with the objectives, Clause 15 and the Assessment Criteria in State Environmental Planning Policy No. 64 – Advertising and Signage

The development mostly satisfies the Upper Hunter Development Control Plan 2015, and the variations in relation to the number of signs on the land (being more than two), the sign height (greater than 2m) and area (greater than 3 are considered minor and acceptable.

Pursuant to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979 the development is unlikely to have any adverse impacts that cannot be addressed through conditions of consent.

Pursuant to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979 the site is suitable for the development.

Pursuant to Section 4.15(1)(d) of the Environmental Planning and Assessment Act 1979 the development is in the public interest.

PAUL SMITH SENIOR ENVIRONMENTAL PLANNER



Attachment A – Schedule 1 Assessment Criteria

1 Character of the area

Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?

The site is adjacent to the road corridor that is within a rural area. There is no proposal to change the land zoning or the rural character of the area. There are four other existing signs on the same land. Given the small scale of the signage it is considered to be compatible existing and desired future character of the area (which is primary production).

Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?

There is no particular theme for outdoor advertising along the New England Highway. Notwithstanding there are other roadside billboard signs between Scone and Parkville. The proposed sign is consistent with these existing signs in terms of scale and proportion.

2 Special areas

Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?

The proposed sign is 2m x 4m (8m2) x 3.8m high. At this scale and in the proposed landscape position it does not detract from the amenity or visual quality of the area.

3 Views and vistas

Does the proposal obscure or compromise important views?

No

Does the proposal dominate the skyline and reduce the quality of vistas?

No

Does the proposal respect the viewing rights of other advertisers?

Yes – there are no nearby signs that it is likely to interfere with.

4 Streetscape, setting or landscape

Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?

Yes

Does the proposal contribute to the visual interest of the streetscape, setting or landscape?

No. It is the standard McDonalds business identification sign that is normally used for



roadside advertising. It does not detract from the surrounding landscape.

Does the proposal reduce clutter by rationalising and simplifying existing advertising?

No

Does the proposal screen unsightliness? No

Does the proposal protrude above buildings, structures or tree canopies in the area or locality?

No

Does the proposal require ongoing vegetation management?

No

5 Site and building

Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?

Yes

Does the proposal respect important features of the site or building, or both?

Yes

Does the proposal show innovation and imagination in its relationship to the site or building, or both?

No

6 Associated devices and logos with advertisements and advertising structures

Have any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed?

No

7 Illumination

Would illumination result in unacceptable glare?

The sign will not be illuminated.

Would illumination affect safety for pedestrians, vehicles or aircraft?


Would illumination detract from the amenity of any residence or other form of accommodation?


Can the intensity of the illumination be adjusted, if necessary?




Is the illumination subject to a curfew? The sign will not be illuminated.

8 Safety

Would the proposal reduce the safety for any public road?

No

Would the proposal reduce the safety for pedestrians or bicyclists?

No

Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas?

No


General Manager's Unit


GENERAL ADMINISTRATION REPORTS

G.02.1 REQUEST FOR DONATIONS


AUTHOR: Karen Lee - Governance & Executive Support Officer

PURPOSE The purpose of this report is for Council to consider providing financial assistance to local community groups requesting donations.

RECOMMENDATION That Council provide a donation of:

1. $1080 to Westpac Rescue Helicopter Service Scone Volunteer Support Group for a fundraising Golf Day.

2. $350 to Merriwa Branch CWA for 50% of the fees applicable to sites booked at the Merriwa Caravan Park for the Wangi Men’s Shed.

3. $500 to Upper Hunter Naidoc Week Awards Committee for sponsorship of the Senior Sportsperson of the Year (Male) Award for 2020.

4. $370 to the Scone Neighbourhood Resource Centre to waive fees associated with the hire of the White Park for Harmony Day – Movie and Dinner Night hosted in conjunction with the Upper Hunter Shire Library.

5. $500 to Jake Chapple for sponsorship to help cover the costs to tour the UK and Paris and participate in the Vikings Cricket Development Tour.

6. $250 to the Scone Scouts Group to help cover the waste disposal fees associated with the clean-up at the Aberdeen Scouts Hall.

7. $250 to Cassilis District Development Group Inc to waive fees associated with the hire of the Cassilis Community Hall and catering for the Cassilis Community Arts Video Workshop in April 2020.

BACKGROUND Council has received a number of requests for donations from local Community groups. Details of each request is provided below

REPORT/PROPOSAL

1. The Westpac Rescue Helicopter Service Scone Volunteer Support Group will be holding a fundraising Golf Day at Scone Golf Course on Sunday 29 March 2020. They will also be holding a luncheon at the Scone Sporties after Golf. The group are looking to raise as much funds as possible for this amazing service.

2. The Merriwa Branch CWA are again hosting the Wangi Men’s Shed in April and May 2020 where they will continue the great work they started in giving drought affected farmers a helping hand to get jobs done around the farm. In February 2019, Wangi Men’s shed was at Merriwa helping out and they have sought interest in doing the same again. It is a great initiative which was well received by the community.




3. The Upper Hunter Naidoc Week Awards is again being held on Friday 10 July 2020 in Singleton to recognize the achievements of Aboriginal and Torres Strait Islander people of the Upper Hunter. The Upper Hunter Shire Council have been given the opportunity to sponsor the 2020 Senior Sportsperson of the Year (Male) Award.

4. The Scone Neighbourhood Resource Centre in conjunction with the Upper Hunter Shire Library are hosting Harmony Day - Movie and Dinner night at White Park on Saturday 21 March 2020. The fees associated with the hire of the White Park for this event is $370. The Scone Neighbourhood Resource Centre has requested a donation of the cost of the fees.

5. Jake Chapple has been chosen to represent Australia on the Vikings Cricket Development Tour through the UK. Jake is 17 and in year 11. Jake has played cricket since he was seven and now he has been given this great opportunity and invited to take part in the tour based on his commitments and achievements in the school’s representative pathway.

6. The Scone Scouts Group are in the process of cleaning out the Aberdeen Scouts Hall and have approached Council to donate towards the costs associated with the waste disposal fees with the rubbish removal. They currently have volunteers taking the rubbish away themselves which is taking a long time and was hoping to get assistance with this process.

7. The Cassilis District Development Group in conjunction with the Upper Hunter Arts Council, Cassilis Primary School and Mudgee Local Aboriginal Lands Council was successful in obtaining grant funding for the Cassilis Community Arts Video Workshop. The workshop will run over 3 days and are applying to Council to waive the fees for the Cassilis Community Hall and catering provided. The workshop will feature a presenter who is the main recipient of the grant funding supplied to the group.

Copies of the requests for donations are attached

OPTIONS

1. Provide a donation 2. Provide an alternative donation amount 3. Not provide a donation

CONSULTATION

Director Corporate Services

STRATEGIC LINKS



Goal 2 - Promote wellbeing and a connected, healthy and happy Community. CS3 Advocate for, support and provide services and facilities for young people, children, families and people with a disability. CS9 Value our heritage and cultural diversity, celebrating together and fostering creativity.





b. Delivery Program

Supporting children, young people, individuals and families so they can enhance their independence, inclusion, safety, self-esteem and or quality of life within the community.

c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications The request falls within Council’s Donations Policy. b. Financial Implications Council has set aside $31,000 in the annual budget for the 2019/20 financial year for granting donations, with $3,737.00 remaining before these proposed donations for the 2019/2020 financial year. Donations that have been adopted by Council are included in the Council Donations Summary 2019/20 attachment. c. Legislative Implications Nil d. Risk Implications Nil e. Other Implications Nil CONCLUSION That Council provide financial assistance to the various requests for donations




ATTACHMENTS

1 Westpac Rescue Helicopter Service - Scone Volunteer Support Group - Request for Council to waive Scone Golf Course fees for fundraising Golf Day to be held 29/03/20

2 Merriwa Branch CWA - Request for waiving fees for Merriwa Caravan Park stay for Wangi Mens Shed volunteers - April May 2020 - 20/12/19

3 Upper Hunter NAIDOC Week Awards 2020 - Request for sponsorship of the NAIDOC Week Awards 2020 Senior Sportsperson of the Year Male Award - 20/01/20

4 Scone Neighbourhood Resource Centre - Harmony Day

5 Jason Chapple - Request for Donation for Jake Chapple - 10/01/2020

6 Simon Davis - Request for assistance with disposing of rubbish for Aberdeen Scout Hall - 08/12/2019

7 Cassilis District Development Group - Request for Donation

8 Donations Report - January 2020

DISCLOSURES OF INTEREST

Cr Wayne Bedggood declared a pecuniary interest / significant conflict in Recommendation 1 of the item for the reason that he is Deputy Chair of the Westpac Rescue Helicopter Service Scone Volunteer Support Group, an organisation requesting a donation. Cr Bedggood left the Chamber at 5.35pm and took no part in discussion or voting. Cr Bedggood returned to the Chamber at 5.35pm.

Cr Ron Campbell declared a non-pecuniary interest / insignificant conflict in Recommendation 2 of the item for the reason that his sister is a member of the Merriwa Branch CWA, an organisation requesting a donation. Cr Campbell left the Chamber and took no part in discussion or voting.

Cr Lee Watts declared a non-pecuniary interest / insignificant conflict for the reason that she is employed at the Scone Neighbourhood Resource Centre, an organisation requesting a donation. Cr Watts advised that she would leave the Chamber and take no part in discussion and voting.

Mr Nick Havyatt declared a non-pecuniary interest / insignificant conflict in Recommendation 6 of the item for the reason that his son attends Cub Scouts at Scone Scouts Group, an organisation requesting a donation. Mr Havyatt remained in the Chamber however took no part in discussion. Cr Bedggood left the Chamber at 5.35pm. Cr Collison assumed the role of Chair.

RESOLVED that Council provide a donation of:

1. $1080 to Westpac Rescue Helicopter Service Scone Volunteer Support Group for a fundraising Golf Day.

Moved: Cr J Burns Seconded: Cr L Watts CARRIED UNANIMOUSLY Cr Bedggood returned to the Chamber at 5.35pm. Cr Collison resumed his normal seat.




Cr Campbell left the Chamber at 5.36pm. RESOLVED that Council provide a donation of:

2. $350 to Merriwa Branch CWA for 50% of the fees applicable to sites booked at the Merriwa Caravan Park for the Wangi Men’s Shed.

Moved: Cr L Watts Seconded: Cr L Driscoll CARRIED UNANIMOUSLY Cr Campbell returned to the Chamber at 5.36pm. Cr Watts left the Chamber at 5.37pm. RESOLVED that Council provide a donation of:

4. $370 to the Scone Neighbourhood Resource Centre to waive fees associated with the hire of the White Park for Harmony Day – Movie and Dinner Night hosted in conjunction with the Upper Hunter Shire Library.

Moved: Cr J Burns Seconded: Cr M Collison CARRIED UNANIMOUSLY Cr Watts returned to the Chamber at 5.37pm. RESOLVED that Council provide a donation of:

3. $500 to Upper Hunter Naidoc Week Awards Committee for sponsorship of the

Senior Sportsperson of the Year (Male) Award for 2020. 5. $500 to Jake Chapple for sponsorship to help cover the costs to tour the UK

and Paris and participate in the Vikings Cricket Development Tour. 6. $250 to the Scone Scouts Group to help cover the waste disposal fees

associated with the clean-up at the Aberdeen Scouts Hall. 7. $250 to Cassilis District Development Group Inc to waive fees associated with

the hire of the Cassilis Community Hall and catering for the Cassilis Community Arts Video Workshop in April 2020.

Moved: Cr M Collison Seconded: Cr L Driscoll CARRIED UNANIMOUSLY

ATTACHMENT NO: 1 - WESTPAC RESCUE HELICOPTER SERVICE - SCONE VOLUNTEER SUPPORT GROUP - REQUEST FOR COUNCIL TO WAIVE SCONE GOLF COURSE FEES FOR FUNDRAISING GOLF DAY TO BE HELD 29/03/20

ITEM NO: G.02.1


ATTACHMENT NO: 2 - MERRIWA BRANCH CWA - REQUEST FOR WAIVING FEES FOR MERRIWA CARAVAN PARK STAY FOR WANGI MENS SHED VOLUNTEERS - APRIL MAY 2020 - 20/12/19

ITEM NO: G.02.1


ATTACHMENT NO: 3 - UPPER HUNTER NAIDOC WEEK AWARDS 2020 - REQUEST FOR SPONSORSHIP OF THE NAIDOC WEEK AWARDS 2020 SENIOR SPORTSPERSON OF THE YEAR MALE AWARD - 20/01/20

ITEM NO: G.02.1


ATTACHMENT NO: 4 - SCONE NEIGHBOURHOOD RESOURCE CENTRE - HARMONY DAY ITEM NO: G.02.1


ATTACHMENT NO: 5 - JASON CHAPPLE - REQUEST FOR DONATION FOR JAKE CHAPPLE - 10/01/2020

ITEM NO: G.02.1


ATTACHMENT NO: 6 - SIMON DAVIS - REQUEST FOR ASSISTANCE WITH DISPOSING OF RUBBISH FOR ABERDEEN SCOUT HALL - 08/12/2019

ITEM NO: G.02.1


‐‐‐‐‐Original Message‐‐‐‐‐

From: Simon Davis

Sent: Sunday, 8 December 2019 10:42 AM

To: Renae Endersby

Cc: Cr James Burns <[email protected]>

Subject: Request for assistance with disposing of rubbish for Aberdeen Scout Hall cleanup

Good morning Renae

I have been talking with Councillor James Burns in regard to potential getting some assistance from

the council in regard to the disposal of garbage from the Aberdeen Scout hall when we clean it out

early next year.

I was wondering would the council assist us with a curb side collection for the garbage?

This would be greatly appreciated as we have a small number of volunteers and taking this rubbish

to the Scone tip would increase the time taken (double the time) to complete this job.

If this is not an option would the council please waive or reduce the tip fees as we are a small non

profit organisation serving the youth of the Upper Hunter and this cost would be a issue for us to

fund and might put some of our activities we offer at risk in the future.

I really look forward to your assistance in the matter.

If you have any questions please do not hesitate to give me a call.

Thanks Simon Davis

1st Scone Scout Group Leader

Simon Davis

ATTACHMENT NO: 7 - CASSILIS DISTRICT DEVELOPMENT GROUP - REQUEST FOR DONATION

ITEM NO: G.02.1


From: Berni Aquilina Sent: Monday, 3 February 2020 7:07 PM To: Andrew Lane Cc: Jane Hegarty; CassilisDDG <[email protected]> Subject: TRIM: Use of hall for Cassilis Community Arts video workshop Hi Andrew We spoke a week or so back, regarding a 3 day video workshop for the Cassilis community that we plan to run on 5, 7 and 8th April as per attached flyer (p[ease note these dates may be one week later than dates you pencilled in). We would like to use the Cassilis Community Hall as the venue for the workshop and would like to know the costs and whether there is any possibility of a full (or part) subsidy for hall hire for this event? The workshop is the result of a successful application for a Country Arts Support Program (CASP) grant, which the Cassilis District Development Group Inc. applied for with support from Upper Hunter Arts Council, Cassilis Primary School and Mudgee Local Aboriginal Lands Council (see attached letter from Minister Don Harwin). The grant funding is $3000 out of which $2,500 is payment to the presenter. I have offered my cottage as accommodation for the presenters as our community contribution to the project. We really want this 3‐day workshop to be an opportunity for community cohesion and development across age groups and lifestyles. As such, we would like to provide a simple, healthy lunch for participants to eat at the venue to maximiser their social and collaborative time together. A local group (such as the newly formed Pony Club or the P&C) will be asked to cater and this will mean a little of the funding will remain in the community. We will need at least $300 for the catering, probably more, and this is why we are asking for a subsidy for the venue hire, as our grant money will be almost fully expended. We expect about a dozen participants and the two presenters, so could probably use the small room. It would be good to be able to boil the kettle and wash up in the kitchen, but we wouldn’t need to cook there. Internet access would also be appreciated, so that people wouldn’t need to use their own mobile data to edit their movies. We hope you will consider this request favourably. Kind regards Berni Aquilina Vice President Cassilis District Development Group Inc.

ATTACHMENT NO: 8 - DONATIONS REPORT - JANUARY 2020 ITEM NO: G.02.1





INFRASTRUCTURE REPORTS

I.02.1 REVIEW OF WATER RESTRICTIONS

RESPONSIBLE OFFICER: Nicholas Havyatt - Director Infrastructure Services

AUTHOR: Phillip Hood - Manager Water & Sewer

PURPOSE The purpose of this report is to request that Council implement water restriction changes across the Shire as a proactive and precautionary drought and demand management measure.


1. change the restriction level in Scone/Aberdeen to Level 2 Water Restrictions, effective from 1 March 2020.

2. continue to follow the existing Drought Management and Emergency Response Plan in all respects with the sole exception of the trigger points for restriction level changes.

3. keep Merriwa and Cassilis on Level 1 Water Restrictions. 4. reduce the Level 6 Water Restrictions in Murrurundi to the same restriction level

as Scone/Aberdeen once the Scone to Murrurundi Pipeline is commissioned. 5. review all restriction levels at the end of the financial year, when the 2020/2021

water allocations from Glenbawn Dam are known.

BACKGROUND Most of NSW is currently experiencing ongoing and severe drought with the water level in Glenbawn Dam 39.1% of capacity as at 13 February 2020. While recent rain across the state has provided some relief to communities affected by drought, there has not been enough rain in the Glenbawn Dam catchment to dramatically affect the current storage level, rising by only 0.3% in the past week. The Pages River in Murrurundi is also not yet flowing and water carting continues for that village. The most recent NSW Government Hunter Regulated River Water Allocation Statement (Attachment 1) from 31 January 2020 indicates that the Hunter Regulated River Water Source is in Drought Stage 1. The region experienced the lowest December rainfall on record, with no inflow to Glenbawn Dam. System losses are extremely high. Water users are advised to use water conservation measures to protect supplies. If extreme dry conditions continue in the Hunter, the drought stage may need to be raised to Stage 2 or higher in May or June. General security allocations may be very low or zero at the commencement of the 2020/2021 water year (1 July 2020). At the same time, the Upper Hunter Shire is experiencing our third consecutive summer with higher than average water consumption. In the 2017/18 year Scone/Aberdeen used 23% more water than the year before, and Merriwa used 29% more. Consumption has remained consistently high ever since.




WATER CONSUMPTION – YEAR TO DATE (JANUARY)

Supply System January 2018 January 2019 January 2020 Merriwa 195 ML 175 ML 176 ML Scone/Aberdeen 1226 ML 1208 ML 1209 ML

Towards the end of the 2019/2020 year the Murrurundi water supply scheme will also be added permanently to the Scone/Aberdeen water supply scheme. While there is sufficient water available for Murrurundi now, it will mean that supply for the newly combined Scone/Aberdeen/Murrurundi supply scheme will be dependent on water supplied from the Hunter Regulated River (Glenbawn Dam) and be susceptible to any future restrictions in water allocations from that source. For the last two years (and likely this year too) Council have utilized the entire 2000ML High Security water allocation from the Hunter Regulated River Water Source, needing to access approximately 30ML of the 769ML General Security allocation to meet demand. However, should General Security allocations be very low or zero next water year, Council will need to either keep total consumption below 2000ML or be successful in obtaining additional High Security water. REPORT/PROPOSAL Upper Hunter Shire Council, Muswellbrook Shire Council and Singleton Council are part of the Upper Hunter Water Utilities Alliance (referred hereafter as the Alliance) and have been working together to respond adequately to the ongoing drought in the region. Since implementing ‘Water Wise Rules’ in 2018, the Alliance Councils implemented Level 1 Water Restrictions on 1 July 2019. The restrictions follow the existing Drought Management and Emergency Response Plans (DMERP) for each Alliance Council (which are very similar), but are in advance of the Level 1 triggers. The current triggers for water restrictions in the Upper Hunter Shire are dependent on:

Percentage reductions in High Security (not General) water allocations from the Hunter Regulated River Water Source for Scone and Aberdeen

Daily pumping hours for Merriwa (20 hrs/day triggers a restriction increase) Murrurundi Dam levels for Murrurundi

If the DMERP triggers were being followed, only Murrurundi would have restrictions in place right now, and Scone and Aberdeen would unlikely have any restrictions at all until July 2021. It is therefore agreed that the restriction level trigger points of the current DMERP are too conservative, and it is this, and other issues, that will be addressed with a new, joint DMERP that will soon be developed by all three Alliance Councils. In the meantime, the Alliance’s response to the drought is being undertaken via specific resolutions at Council meetings, rather than the restriction triggers contained within the DMERPs. As at the time of writing, Singleton will be proposing to move to Level 2 Water Restrictions on 1 March 2020, and Muswellbrook Shire have already resolved to move to Level 2 on 2 March 2020. Hunter Water, which services neighbouring Councils in the lower Hunter, moved to their Level 2 Water Restrictions on 20 January 2020, noting that Hunter Water’s Level 2 is different and far more severe than that of the Alliance Councils.




Singleton propose to adhere to the Level 2 of their existing Drought Management Plan, while Muswellbrook Shire have decided to implement the more severe restrictions of Hunter Water with a few exemptions. Note that recent rain has been of benefit for Hunter Water storages, with combined total storage at 60.5% and climbing as at 13 February 2020. 60% is the trigger point for Hunter Water to move back to (their) Level 1 Restrictions, however there is not yet a date set for this to occur. Ultimately, the Hunter Water supply system is separate to that of the Upper Hunter and their storages can rise and fall independently of what is happening in our region. It would be prudent to focus primarily on the relevant sections of the NSW Government Hunter Regulated River Water Allocation Statement, current drought stages and local supply constraints to determine the most suitable restriction levels for the Upper Hunter. As there has been no significant change (so far) to the storage in Glenbawn Dam, with the possibility of heavily restricted General Security water allocations in the next water year, it is recommended that the Upper Hunter Shire increase water restrictions in Scone and Aberdeen to Level 2 (as per our Drought Management Plan) on 1 March 2020. This will mean that when the Scone to Murrurundi Pipeline is commissioned, Murrurundi will go from Level 6 to Level 2 Water Restrictions. This also keeps the Upper Hunter Shire ‘in step’ with similar increases in Muswellbrook Shire and Singleton, i.e. the ‘Alliance’, and will help Upper Hunter Shire keep within our existing High Security water allocation from the Hunter Regulated River Water Source. The main difference between Level 1 and Level 2 Water Restrictions is that outside watering of gardens and lawns will now be under an ‘odds and evens’ system, i.e. watering can occur every second day. Restricted (summer) hours of 6am to 9am and 6pm to 9pm, still applies as per Level 1. See Attachment 2 for full list of restrictions and the proposed changes. Merriwa and Cassilis have ground water supplies which are currently performing well with no indicators that the water source is being stressed by recent dry conditions. Daily pumping hours, even with high consumption days in December 2019, have not approached the 20 hour limit identified in the DMERP. The ground water in Merriwa and Cassilis is also not dependent upon the Hunter Regulated River Water Source, or future restrictions thereof. With recent rain fall in the region significantly taking the pressure of surrounding rural properties, it is recommended that Level 1 Restrictions remain in place for these towns. This will ensure ‘water wise’ practices continue within Merriwa and Cassilis, while minimising the impacts on residents and businesses. Upper Hunter Shire will soon be undertaking a hydrological study in Merriwa and Cassilis to ascertain the long term security and sustainability of both water supplies, but this is for a multi-decade planning horizon and not in response to the current drought. OPTIONS 1. Accept the recommendation/s of this report. 2. Leave Scone/Aberdeen on Level 1 Water Restrictions pending review at the end of the

financial year. CONSULTATION

General Manager Director Infrastructure Services Singleton Council Muswellbrook Shire Council




STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: BUILT & NATURAL ENVIRONMENT Goal 4 Plan for a sustainable future

CS15 Plan, facilitate and provide for a changing population for current and future generations.

ECONOMY & INFRASTRUCTURE Goal 6 Increase, enhance and maintain civil infrastructure, Community assets and open

spaces to meet the needs of current and future generations. CS26 Provide safe and reliable water and sewerage services to meet the

demands of current and future generations. LEADERSHIP Goal 9 Advocate for the Community CS41 To participate and encourage regional coordination and planning between

Councils and other generations. CS42 Provide timely and effective advocacy and leadership on key community

issues and priorities. We are working to achieve the following Community Priorities:

b. Delivery Program The report addresses the following objectives as described in the 2019/20 DPOP:

Water Supplies By providing an adequate and secure potable water supply to recognised standards in defined areas on a cost effective basis.

c. Other Plans Integrated Water Cycled Management Plan Drought Management and Emergency Response Plan




IMPLICATIONS a. Policy and Procedural Implications Implementing water restrictions is operating outside of the current Drought Management and Emergency Response Plan. There should be restraint in regards to making decisions outside of the adopted Plans without significant cause, otherwise there is a risk that Council’s strategic documents may begin to be undermined. b. Financial Implications Should Level 2 restrictions prove effective, there will be less revenue from water charges that may otherwise be received. c. Legislative Implications Under Part 6, Division 1, Clause 137 of the Local Government (General) Regulation 2005, Council is empowered to restrict water supply (by public notice published in a newspaper circulating within the Council’s area). d. Risk Implications The purpose of the report is to proactively manage the potential risk associated with insufficient water availability should the drought continue. e. Sustainability Implications Implementing and/or increasing water restrictions is specifically intended to maintain the sustainability of our water supply sources.

f. Other Implications Some residents will be impacted more than others, depending on their specific situations and water use habits. However, Level 2 restrictions should not be excessively onerous to most residents and businesses. CONCLUSION This report recommends that Council implement Level 2 Water Restrictions for Scone and Aberdeen on 1 March 2020, which is largely in step with Muswellbrook Shire Council and Singleton Council. This will be the water restriction level applied to Murrurundi when it is connected to the Scone/Aberdeen system in a few months. Level 2 Water Restrictions will remain in place until the beginning of the 2020/2021 water year when allocations from the Hunter Regulated River Water Source are known and further decisions can be made. While Upper Hunter Shire Council is applying restrictions outside of the adopted Drought Management and Emergency Response Plan, this simply illustrates that the existing plan does not comply with community expectations. This will be addressed with a new DMERP to be developed jointly with Muswellbrook Shire and Singleton Councils.




There are no pressing drivers to increase water restrictions for Merriwa and Cassilis at this time, as their groundwater supply systems are entirely separate from the Hunter Regulated River Water Source. However, to continue to effectively promote ‘water wise’ practices across the whole Shire, it is recommended that Level 1 Water Restrictions remain in place for now.

ATTACHMENTS

1 Hunter Regulated River Water Source Allocation update - 20200131

2 Changes from Level 1 to Level 2 Restrictions.xlsx


1. change the restriction level in Scone/Aberdeen to Level 2 Water Restrictions, effective from 1 March 2020.

2. continue to follow the existing Drought Management and Emergency Response Plan in all respects with the sole exception of the trigger points for restriction level changes.

3. keep Merriwa and Cassilis on Level 1 Water Restrictions. 4. reduce the Level 6 Water Restrictions in Murrurundi to the same restriction

level as Scone/Aberdeen once the Scone to Murrurundi Pipeline is commissioned.

5. review all restriction levels at the end of the financial year, when the 2020/2021 water allocations from Glenbawn Dam are known.

Moved: Cr L Watts Seconded: Cr M Collison CARRIED

ATTACHMENT NO: 1 - HUNTER REGULATED RIVER WATER SOURCE ALLOCATION UPDATE - 20200131

ITEM NO: I.02.1


ATTACHMENT NO: 2 - CHANGES FROM LEVEL 1 TO LEVEL 2 RESTRICTIONS.XLSX ITEM NO: I.02.1





I.02.2 CASSILIS WASTE TRANSFER FACILITY



PURPOSE The purpose of this report is to consider the introduction of waste fees and charges at the Cassilis Waste Transfer Facility.


1. endorse the draft fees and charges for the Cassilis Waste Transfer Facility as listed in Table 1 of this report.

2. place the draft fees and charges on public exhibition for at least 28 days. 3. following the public exhibition period, if no submissions are received, adopt the fees

and charges for the balance of 2019/20. 4. change the opening hours of the Cassilis Waste Transfer Facility as follows:

Saturday: 10am to 2pm

BACKGROUND The Cassilis waste transfer facility has provided a free waste service to the community of Cassilis and surrounding rural areas for a number of years. Prior to January of this year, the former landfill site was open to the public every Saturday between the hours of 8.00am and 4.00pm and was unsupervised during this time. Whilst a skip bin was provided for the collection of waste, larger loads of waste would often be found illegally dumped elsewhere on the site or left on the ground next to the bin, making it difficult and costly to collect. Due to the lack of supervision, it is likely that the facility was being used by people who reside outside of the Upper Hunter Shire LGA in addition to locals. The total cost of operating the Cassilis Waste Transfer Facility in 2018/19 (including the cost of transferring waste to Scone, landfill fees, State Government Waste Levy, employment of a person to open and close the gate and the cost of cleaning up illegally dumped waste) was approximately $44,700. REPORT/PROPOSAL In January of this year, the Cassilis waste facility was temporarily closed due to the discovery of illegally dumped asbestos waste in various locations across the site. The contaminated area has since been cordoned off and a small area to the front of the site, which is deemed safe, is being used for waste drop-off and collection. The facility is currently operating between the hours of 10am and 2pm every Saturday on an interim basis under the supervision of a waste contractor who collects the waste in a skip bin and transfers it to the Scone Waste Management Facility. This arrangement was to remain in place until the site is cleaned up and certified as being safe. There are currently no fees collected for this service.




A contractor has been engaged to clean up the site and remove the dumped asbestos at a cost of around $10,000. In order to address the issue of illegal dumping at the site and its associated costs to Council, it considered necessary to provide supervision during the facility’s opening hours on a permanent basis. This could be provided by either a Council employee or contractor. It is proposed to introduce waste fees and charges at the facility to partially offset the cost of supervision and the increasing costs of waste management generally. The introduction of waste fees and charges would ensure consistency with other waste management facilities across the shire and result in a more equitable ‘user-pays’ arrangement. The proposed fees and charges are listed in Table 1 below. Table 1 – Proposed Fees and Charges Municipal Waste 2019/20

$ General Mixed Waste A – Car/Station Wagon 15.50 B- Van/Ute/Trailer (6x4,

single axle) 58.50

B1 – Trailer – dual axle 77.00 MGB’s – per bin 15.50

As it is proposed to continue using skip bins to collect waste, it will be necessary to limit the type of waste accepted at the facility to general mixed waste only and the size of loads up to dual axle trailers. Other types of waste or loads larger than a dual axle trailer would need to be taken to the Merriwa or Scone Waste Facility. It is also proposed to permanently change the operating hours of the facility to 10am to 2pm Saturdays. OPTIONS 1. Adopt the recommendation. 2. Not adopt the recommendation. 3. Adopt an amended recommendation. CONSULTATION

Finance Manager STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: BUILT AND NATURAL ENVIRONMENT Goal 4 Provide efficient and effective waste and recycling services and support improved waste minimisation and recycling practices.




LEADERSHIP Goal 8 Effectively and efficiently manage the business of Council, while encouraging an open and participatory Council with an emphasis on transparency, Community engagement, action and response. We are working to achieve the following Community Priorities:

b. Delivery Program

Minimisation of pollution of the environment due to waste disposal. A waste pick up and disposal service to domestic and commercial premises. Involvement in regional initiatives for waste reduction and improved recycling and

collection facilities.

c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications N/A b. Financial Implications The introduction of fees and charges at the Cassilis Waste Facility will result in the generation of revenue which will be used to partially offset the increasing operating costs of the facility. c. Legislative Implications N/A




d. Risk Implications N/A e. Sustainability Implications The generation of revenue at the Cassilis Waste Transfer Facility is needed to help offset the growing costs of waste management at the site and to ensure the long term viability of waste services across the Upper Hunter Shire.

f. Other Implications Nil. CONCLUSION It is proposed to introduce waste fees and charges at the Cassilis Waste Facility to partially offset the cost of supervision and the increasing costs of waste management generally. The introduction of waste fees and charges would ensure consistency with other waste management facilities across the shire and result in a more equitable ‘user-pays’ arrangement.

ATTACHMENTS

There are no enclosures for this report


1. endorse the draft fees and charges for the Cassilis Waste Transfer Facility as listed in Table 1 of this report.

2. place the draft fees and charges on public exhibition for at least 28 days. 3. following the public exhibition period, if no submissions are received, adopt the

fees and charges for the balance of 2019/20. 4. change the opening hours of the Cassilis Waste Transfer Facility as follows:

Saturday: 10am to 2pm

Moved: Cr R Campbell Seconded: Cr L Driscoll CARRIED




NOTICES OF MOTION

NM.02.1 CARBON NEUTRAL BY 2025


AUTHOR: Steve McDonald - General Manager

NOTICE OF MOTION The following Notice of Motion was received from Cr Abbott:

That Council commits to being carbon neutral by 2025 subject to Council establishing a corporate greenhouse gas inventory to enable an achievable and science-based climate change target to be set and to allocate a budget of $13,000 to engage a consultant to assist Council in completing this work. The budget of $13,000 would be funded from the Fleet, Water and Sewer Restricted Assets.

The Upper Hunter Shire Sustainability Advisory Services Committee is aware of my intention to move this motion, and I have their support.

By way of explanation for this motion, the Upper Hunter Shire Council declared a "Climate Emergency" in February 2019, which in effect publicly recognised that 'Business As Usual' could not continue. But beyond the declaration we have done little else to significantly reduce our carbon footprint.

We cannot afford not to address the issue of global warming - the impacts are here and are immediate, and as a nation we have felt the full brunt of a drying out world over the past months with the unprecedented bushfires followed by floods.

Right now, actuaries for banks, other lending bodies, insurance and financial companies are re-considering and drawing up new climate emergency regulations and obligations in relation to public institutions and communities. The world as we knew it has already changed, and as a council we must walk the talk of our climate emergency declaration. We don't have time to delay - I urge my colleagues to resolve this motion.

RESOLVED

That Council commits to being carbon neutral by 2030 subject to Council establishing a corporate greenhouse gas inventory to enable an achievable and science-based climate change target to be set and to allocate a budget of $13,000 to engage a consultant to assist Council in completing this work. The budget of $13,000 would be funded from the Fleet, Water and Sewer Restricted Assets. Moved: Cr S Abbott Seconded: Cr L Watts CARRIED

FOR AGAINST Councillor Abbott Councillor Campbell Councillor Bedggood Councillor Collison Councillor Burns Councillor Driscoll Councillor Watts Total (4) Total (3)




G.02.2 NOTICE OF MOTION - CARBON NEUTRAL BY 2025



PURPOSE The purpose of this report is to provide information relevant to the Notice of Motion received from Cr Abbott.

RECOMMENDATION For consideration.

BACKGROUND The following Notice of Motion has been received from Cr Abbott:

That Council commits to being carbon neutral by 2025. “The Upper Hunter Shire Sustainability Advisory Services Committee is aware of my intention to move this motion, and I have their support. By way of explanation for this motion, the Upper Hunter Shire Council declared a "Climate Emergency" in February 2019, which in effect publicly recognised that 'Business As Usual' could not continue. But beyond the declaration we have done little else to significantly reduce our carbon footprint. We cannot afford not to address the issue of global warming - the impacts are here and are immediate, and as a nation we have felt the full brunt of a drying out world over the past months with the unprecedented bushfires followed by floods. Right now, actuaries for banks, other lending bodies, insurance and financial companies are re-considering and drawing up new climate emergency regulations and obligations in relation to public institutions and communities. The world as we knew it has already changed, and as a council we must walk the talk of our climate emergency declaration. We don't have time to delay - I urge my colleagues to resolve this motion.” REPORT/PROPOSAL Whilst setting an aspirational climate change target is a clear demonstration of Council’s commitment to action, there is a considerable risk that Council will not achieve this target if there is inadequate understanding of the scale of the challenge and the actions required to meet the target. It would be more appropriate for Council to set a target once it has a good understanding of its current emissions (corporate emissions inventory) and has considered the feasibility of different pathways to achieve carbon neutrality through emission reductions and/or carbon offsets.




Council staff have had preliminary discussions with a specialist climate change consultancy with many years of experience working with local Councils to reduce greenhouse gas emissions. Based on their experience and advice, an effective climate change program for a Council or corporate entity should include the following key steps:

1. Establish corporate greenhouse gas inventory – understanding emissions sources, priority areas, scale of reductions required.

2. Set targets based on science (i.e. the Paris Agreement and the Intergovernmental Panel on Climate Change (IPCC) carbon budget).

3. Develop a strategy on how to achieve the target. 4. Implement the plan. 5. Evaluate and monitor the effectiveness of the plan.

If Council wishes to set a target for carbon neutrality or greenhouse gas emissions reduction, it is recommended that a specialist consultant be engaged to assist Council in implementing a climate change program that follows the above steps to ensure than any commitments or targets are realistic, achievable and science based rather than simply being aspirational. Alternative Recommendation: That Council establish a corporate greenhouse gas inventory to enable an achievable and science-based climate change target to be set and allocate a budget of $13,000 to engage a consultant to assist Council in completing this work. OPTIONS 1. Commit to being carbon neutral by 2025. 2. Establish a corporate greenhouse gas inventory to enable an achievable and science-

based climate change target to be set. 3. Not commit to a climate change target or proceed with a climate change program. CONSULTATION

General Manager STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: BUILT AND NATURAL ENVIRONMENT Goal 3 – Protect the natural environment CS10 Advocate for, facilitate and support programs that protect and sustain our diverse

environment for our future generations. CS12 Ensure that all actions, decisions and policy response to natural hazards and climate

change remain current and reflect capacity, Community expectations and changes in environmental and climate change information.




LEADERSHIP Goal 8 – Provide Community leadership

CS30 Effectively and efficiently manage the business of Council, while encouraging an open and participatory Council with an emphasis on transparency, Community engagement, action and response.


b. Delivery Program

Facilitate and support programs that protect and sustain our environment. Support and encourage Community participation in the protection of the

environment.

c. Other Plans

Setting a target to reduce Council’s carbon footprint is consistent with the objectives of Council’s Sustainability Action Plan IMPLICATIONS


Council declared a climate emergency at its meeting held on 25 February 2019. Setting a climate change target is a clear demonstration of Council’s commitment to address the climate emergency.


The financial implications of becoming carbon neutral by 2025 are unknown at this stage, however the costs to Council could be significant. It is critical that a proper climate change program is developed and implemented to ensure that any targets are feasible and within Council’s budget and the most effective and efficient carbon reduction pathways are identified. Based on preliminary discussions, the cost of engaging a consultant to assist Council in developing a corporate greenhouse gas inventory would be approximately $13,000. This would be funded from the Fleet, Water and Sewer Restricted Assets.





Nil.


There is a high risk that Council will not achieve a climate change target unless it has a good understanding of its current emissions (corporate emissions inventory) and has developed a proper action plan or strategy.

e. Sustainability Implications

Setting a climate change target is a clear demonstration of Council’s commitment to reduce its carbon footprint and address the current climate emergency.

f. Other Implications

Nil. CONCLUSION

If Council wishes to set a target for carbon neutrality or greenhouse gas emissions reduction, it is recommended that Council implement a climate change program to ensure that any commitments or targets are realistic, achievable and science based rather than simply being aspirational.

ATTACHMENTS

There are no enclosures for this report

This report was considered in conjunction with Notice of Motion NM.02.1


COUNCILLOR QUESTIONS

QWN.02.1 QUESTIONS WITH NOTICE


AUTHOR: Robyn Cox - Executive Assistant

RECOMMENDATION

For notation only. The following questions with notice have been received. Responses are provided below.

Cr James Burns

1. Can Council please provide an update on the progress of the upgrade of the cuttings of Rouchel Road?

Response: 2019/20 Budget Allocation - $50,000 - Three conceptual routes have been developed for Stage 1 and Stage 2.

Stage 1 includes the construction of two bridge crossings over Rouchel Brook and road realignment of approximately 3.2 km. This stage will eliminate the two most dangerous cuttings at chainage 15.2km and 15.7km.

Stage 2 includes the construction of a further two bridge crossings over Rouchel Brook and road realignment of approximately 3.4 km or 4.8km pending final alignment selection. This stage will eliminate another two dangerous cuttings at chainage 18.1 km and 19.7km.

Stage 1 permit to enter requests to each private property owner are being prepared with the aim of undertaking more detailed survey and bridge site selection to ensure constructability requirements are met. An external consultant will be required to assess bridge site suitability and optimum alignment details.

2. Can Council please be updated with any information as to the ability to tap into the gas pipeline proposed to run through our shire for either industrial or domestic consumption?

Response: Condition No. 2.9 of the project approval for the Hunter Gas Pipeline project requires the proponent to provide off-take points (valves) to enable the project to service a number of towns along the pipeline route including Murrurundi, Scone and Aberdeen. The condition requires the proponent to consult with the council in identifying locations for the off-take points and in relation to any requirements for servicing relevant areas. Consultation is required prior to the commencement of construction of the relevant part of the project, unless otherwise agreed by the Secretary.

Cr Sue Abbott

Cr Abbott asked a series of questions in relation to the Queensland Hunter Gas Pipeline. Responses were provided by the Director Environmental & Community Services including the following general response to Questions 1 to 11, 16 and 17:

The Queensland Hunter Gas Pipeline is a State significant development and Council is not the consent authority. A letter will be forwarded to the Department of Planning, Industry and Environment requesting a response to Questions 1 to 11, 16 and 17.

1. In relation to the Queensland Hunter Gas Pipeline, what is the building standard for

construction of high pressure gas pipelines on vertisol black soils? Is it the case that there is no standard?

2. What does required 24hr access and right of way the company will acquire with the final negotiation of a 30m wide easement over land, actually look like? And furthermore what does it look like on black soil landscapes after significant rain events?


3. If required how will repairs be made to the pipeline

4. Is it the case that there is a 20 year intended life of pipeline, and that there are no provisions for the pipeline being removed out after end of life?

5. Will local irrigation cropping farmers affected by these 30m wide easements be able to farm over the top of these pipelines, and irrigate as normal, especially on black soil?

6. What does 24hr access and a right of way look like when there is perhaps a 2 metre tall corn crop over the top of the route?

7. Will dryland or irrigation farmers be limited in what they can crop over easement land?

8. Is it the case that landholders may be limited in their own property’s development scope, as the pipeline is laid to the current developments on site? Will small landholders with such easement be limited and unable to build significant infrastructure such as buildings or houses, given that you can’t build within the easement? Arguably that could limit the future value of their block.

9. Is is the case that if you want to change and develop and put a significant new track to a shed or house, subdivide etc, your buried pipeline will then dictate what can be done, but if you are a fully developed block with houses and sheds and fences and laneway systems etc for cattle, you will be treated different as you already have built your infrastructure? Is it the case that pipeline quality and build depth is treated differently for tracks crossings for heavy weighted vehicles, houses, land usage, etc.?

10. Is it the case the pipeline is buried below many creeks/rivers that are often recharge zones for local aquifer systems? And is it the case that in some locations the pipeline will be partially buried in the actual water table, water zones of town water supplies or that of local water users (stock and domestic and irrigator water)? I understand that the company has not yet designed water course / creek crossings (burying below creeks) designs.

11. What chemicals (carcinogenic?) will be used to coat these pipelines for their life, that will then sit in aquifer recharge zones or possibly the water table? What is the risk level for leaks, ruptured pipes and what are the repercussions for water systems, above and below ground reserves of a high pressure gas pipeline, or its associated infrastructure?

12. What requirements for public exhibition will be made?

Response: Public exhibition was undertaken by the Department of Planning in respect of the original development application (approved in 2009) and the modification application (approved in October 2019).

13. Will it be communication from the Planning Department and would this correspondence from the Planning Department be via email and would it need to be tabled at a council meeting in the public domain?

Response: A letter will be forwarded to the Department of Planning, Industry and Environment seeking a response to Questions 1 – 11 and 16. The response will be reported to a Council meeting.

14. Was the Queensland Hunter Gas Pipeline tabled for council public discussion, or was it a committee discussion?

Response: The Queensland Hunter Gas Pipeline project was the subject of a report to Council in 2008 and to the Development and Environmental Service Committee in November 2018. Council, at its meeting held on 26 November 2018, endorsed a submission to the Department of Planning and Environment in respect of the Queensland Hunter Gas Pipeline modification application.

15. What landholder consultation will be required by council on these types of developments and/or changes?

Response: The requirements for landholder consultation are determined by the Department of Planning, Industry and Environment, as the consent authority.


16. Is it the case that existing and new landholders were not directly advised of the modification to the project extension in October 2018 from the company?

17. Does council consider that local advertising alone conducted by the proponent in the UHSC area in late October 2018, was sufficient to appropriately advise actual affected landholders? Does this pass the UHSC expectation level for effective communication with all stakeholders and local resident ratepayers? Would this be different if someone were building a house or other similar local development requiring development applications?

Response: Further information will be sought from the Department of Planning, Industry and Environment in relation to the extent of public notification and advertising conducted in October 2018.

18. Is it the case that given there are no easements agreements agreed yet nothing is noted on land titles, meaning that ratepayers/ landholders new and old, are in general in the dark of this project? Does this development appear on council searches that councils supply to owners when a contract of sale is created?

Response: The development does not currently appear on 10.7 Planning Certificates issued by Council. This is currently being addressed so that all future planning certificates relating to affected land (within 100m of the pipeline) will include a notation regarding the approved development.

19. Can we please apply a 'Climate Emergency Lens' on every single planning strategy and / or policy?

Response: Council does consider climate change implications in the preparation of its planning strategies and/or policies. However, in view of Council’s declaration of a Climate Emergency, there will be a greater focus on this issue when developing future strategies and policies or reviewing existing strategies and policies.

RESOLVED that the questions with notice be noted.



CLOSED COUNCIL RESOLVED That Council move into Closed Council with the press and public excluded in accordance with Section 10(2)(c) of the Local Government Act 1993. The time was 6.05pm.

Moved: Cr L Watts Seconded: Cr J Burns CARRIED

CONFIDENTIAL REPORTS RETURN TO OPEN MEETING RESOLVED That the meeting move back into Open Council.

Moved: Cr R Campbell Seconded: Cr L Driscoll CARRIED

Upon resuming Open Council the following recommendations were adopted: RESOLVED: CR.02.1 Tender 13/2017 – Management of the Upper Hunter Shire Pools That Council extend the license agreement between Council and Lifeguarding Services Australia to manage the Shires pools for one year. CR.02.2 Tender T681920HUN – Supply and Delivery of Bulk Fuel and Oil That Council:

1. accept the tender from Maxi Tankers Pty Ltd as a Single Source supplier for category 1 - Bulk Fuels for the period 1 October 2019 to 30 September 2021.

2. accept the tender from Castrol Australia Pty Ltd as a Single Source supplier for category 2 - Bulk Oils for the period 1 October 2019 to 30 September 2021.

3. subject to satisfactory performance, allow a further 12 month optional extension from 1 October 2021 to 30 September 2022 for both category 1 and 2.

CR.02.3 Tender T691920HUN – Supply and Delivery of Concrete Pipes That Council:

1. accept the tender from Holcim (Australia) Pty Ltd t/as Humes as a Single Source supplier for the period 1 October 2019 to 30 September 2021.

2. subject to satisfactory performance, allow a further 12 month optional extension from 1 October 2021 to 30 September 2022.

3. adopt the non-conforming (alternate) Hunter Council pricing schedule tender from Holcim (Australia) Pty Ltd t/as Humes for the term of the contract.

Moved: Cr J Burns Seconded: Cr M Collison CARRIED

THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 6.40pm

minutes of the ordinary meeting of upper hunter …...minute silence a minute silence was held for...

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