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Civic Centre, Elizabeth St, Moss Vale, NSW 2577. PO Box 141, Moss Vale. t. (02) 4868 0888 f. (02) 4869 1203

e. [email protected] DX 4961 Bowral ABN 49 546 344 354

File No: 100/2016

6 May 2016

Dear Councillor,

You are kindly requested to attend the Ordinary Meeting of Wingecarribee Shire Council to be held in Council Chambers, Civic Centre, Elizabeth Street, Moss Vale on Wednesday 11 May 2016 commencing at 3.30 pm.

Yours faithfully Ann Prendergast General Manager

SCHEDULE

3.30pm Council Meeting begins

5.30pm Questions from the Public to be read out

7.40pm Closed Council

Runing

ORDINARY MEETING OF COUNCIL

held in the Council Chambers, Civic Centre, Elizabeth Street, Moss Vale

on Wednesday, 11 May 2016 at 3.30 pm.

RUNNING SHEET

Time Item

3.30pm Opening of meeting – please remind all present that mobile phones must be switched off before the meeting and that the meeting is tape recorded.

Acknowledgement of Country - Clr L A C Whipper

We acknowledge the Traditional Owners and Custodians of this Land and we pay respect to the past and present Elders of the Country we are meeting on today.

3.32pm Opening Prayer – Reverend Richard Mills, Senior Minister, St Stephens Anglican Church, Mittagong

3.35pm Apologies – Clr G M Turland

Adoption of Previous Minutes – Wednesday, 27 April 2016

Business Arising (if any)

Declarations of Interest (if any)

Mayoral Minute

Item 8.1 Illegal Planning Building Works Item 8.2 Request for an Extended Exhibition Period for Hume Coal

Development Application and Environmental Impact Statement for the Proposed Underground Coal Mine at Berrima

Public Forum (if any)

Motion to move into Committee of the Whole - TBA

Visitor Item (if any)

Council Reports

5.30pm Motion to move into Council and the Mayor resumes the Chair

5.30pm Questions from the Public - to be read

Continuation of Council Reports

General Business Questions

Questions with Notice

Notices of Motion

7.40pm Closed Council

8.00pm Meeting Closed

Ann Prendergast General Manager

AGENDA FOR THE ORDINARY MEETING OF COUNCIL

Wednesday 11 May 2016

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Business

1. OPENING OF THE MEETING

2. ACKNOWLEDGMENT OF COUNTRY

3. PRAYER

4. APOLOGIES

Clr G M Turland

5. ADOPTION OF MINUTES OF PREVIOUS MEETING

Ordinary Meeting of Council held on 27 April 2016

6. BUSINESS ARISING FROM THE MINUTES

7. DECLARATIONS OF INTEREST ................................................................... 1

8. MAYORAL MINUTES

8.1 Illegal Planning Building Works .............................................................. 2

8.2 Request for an Extended Exhibition Period for Hume Coal Development Application and Environmental Impact Statement for the Proposed Underground Coal Mine at Berrima .................................. 4

9. PUBLIC FORUM

COMMITTEE OF THE WHOLE

10. VISITOR MATTERS

OPERATIONS, FINANCE & RISK

Nil

CORPORATE, STRATEGY & DEVELOPMENT SERVICES

Nil

11. EN BLOC MOTION

12. OPERATIONS FINANCE & RISK

12.1 Submission on the Review of the Local Government Rating System - Independent Pricing and Regulatory Tribunal (IPART) Issues Paper ..... 6

12.2 Lot 1 Deposited Plan 1090393 Old Hume Highway Braemar ............... 11

12.3 Variation to Lease, Part Lot 1 DP 635041 Woodlands Road, Woodlands ........................................................................................... 16

12.4 Application for Closure and Sale of Part Argyle Street, Adjacent to 5 Argyle Street, Mittagong ...................................................................... 28

12.5 Contribution To Footpath And Kerb/Gutter Policy ................................ 32

13. CORPORATE STRATEGY & DEVELOPMENT SERVICES

13.1 Development Applications Determined 23 March 2016 to 21 April



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2016 .................................................................................................... 43

13.2 Development Applications Received 23 March 2016 to 21 April 2016 .. 51

13.3 Council Poll 2016 ................................................................................. 62

13.4 Election of Board of Directors - Local Government and Shires Association of NSW ............................................................................. 65

13.5 Sponsorship of the 2016 Southern Highlands Careers Expo................ 68

13.6 Appointment of Community Member to Fill Casual Vacancy on Arts and Culture Committee ........................................................................ 71

Mayor to resume chair at 5.30 pm

COUNCIL MATTERS

14. GENERAL MANAGER

14.1 Request for Leave of Absence - Clr Garry Turland .............................. 74

15. DELEGATE REPORTS

16. PETITIONS

Nil

17. CORRESPONDENCE FOR ATTENTION

Nil

18. COMMITTEE REPORTS

18.1 Management and Advisory Committee Reports ................................... 76

19. QUESTIONS WITH NOTICE

19.1 Question with Notice 06/2016 - Traffic Signals at the Intersection of Lackey Road and Argyle Street, Moss Vale ......................................... 77

20. NOTICES OF MOTION

20.1 Notice of Rescission of Motion 03/2016 - Notice of Motion 07/2016 - Review of the Use of the Temporary Use Clause ................................. 79

20.2 Notice of Motion 08/2016 - Bicycles for Change Program .................... 80

20.3 Notice of Motion 09/2016 - Pecuniary Interest Register ....................... 81

20.4 Notice of Motion 10/2016 - Councillor Attendance Sheets ................... 83

21. GENERAL BUSINESS

Nil

22. CLOSED COUNCIL

Nil

23. ADOPTION OF COMMITTEE OF THE WHOLE

24. MEETING CLOSURE



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Our Mission, Our Vision, Our Values

OUR MISSIONTo create and nurture a vibrant and diverse community growing

and working in harmony with our urban, agricultural and natural

environments

OUR VISION

OUR VALUES

Environment: ‘A community that values

and protects the natural environment

enhancing its health and diversity’

Economy: ‘A strong local economy that

encourages and provides employment,

business opportunities and tourism’

Leadership: ‘An innovative and effective

organisation with strong leadership’

People: ‘A vibrant and diverse

community living harmoniously,

supported by innovative services and

effective communication with Council’

Places: ‘Places that are safe,

maintained, accessible, sympathetic to

the built and natural environment, that

supports the needs of the community’

Integrity, trust and respect

Responsibility and accountability

Communication and teamwork

Service quality



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Council Chambers

Recording of Ordinary and Extraordinary Meetings of Council As authorised by the Local Government Act 1993, Wingecarribee Shire Council records the proceedings of the Ordinary and Extraordinary Meetings of Council to ensure accurate transcription of resolutions.

Recording of meetings by members of the media is permitted only for the purpose of verifying the accuracy of any report concerning such meeting. Broadcasting of any sound recording is not permitted. Video recording is also not permitted. No member of the public is to use any electronic, visual or vocal recording device or instrument to record the proceedings of Council without prior permission of the Council.

Entrance

Door

Media Table

Public Public

Councillors

MayorClr Larry Whipper

General ManagerAnn Prendergast

Minute TakerElizabeth Johnson



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DECLARATIONS OF INTEREST

101/3, 101/3.1

The provisions of Chapter 14 of the Local Government Act, 1993 regulate the way in which Councillors and nominated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public trust. The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest and the reasons for declaring such interest must be disclosed as soon as practicable after the start of the meeting. As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussions or voting on that matter and further require that the member vacate the Chamber. Council‘s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.



MAYORAL MINUTES

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8 MAYORAL MINUTES

8.1 Illegal Planning Building Works

Reference: 102/5 Report Author: Mayor Authoriser: Mayor Link to Corporate Plan: Ensure future development respects the character of the

areas in which it is located, and reinforce that character with appropriately sited and designed new development

PURPOSE The purpose of this Mayoral Minute is to seek Council’s endorsement to write to the Minister for Planning, the Hon Rob Stokes MP to seek his urgent attention and review into the manner in which illegal building works are dealt with under the Environmental Planning and Assessment Act 1979.

RECOMMENDATION THAT Council write to the Minister for Planning, The Hon Rob Stokes, MP, seeking his support and assistance in: (a) Changing legislation to deter illegal developments that are built without

appropriate approvals; (b) Increasing sanctions for illegal works and commencement of building works

without appropriate consent.

REPORT When the development approval process is not followed, surrounding residents are not informed about and able to comment on the proposed development before building works commence. Council staff regularly receive reports of buildings works and activities being undertaken which are without the necessary approvals. Council staff issue Notices of Intention Orders but the developer can apply for a Building Certificate for retrospective approval. In doing this the developer is able to avoid an important part of the DA process. There is minimal recourse for residents affected by illegal development and history with Land and Environment Court shows that once a structure is up, it is rarely given an order to demolition. This type of development is occurring due to the current planning legislation. There may be a need for some form of retrospective approval to prevent problems in future with insurance, conveyancing, etc, or where development would have been compliant if they lodged their application. However, this should not be the easier path for gaining a development approval.



MAYORAL MINUTES

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There needs to be stronger legislation which protects the rights of residents where works have been undertaken illegally, especially where they are non-compliant with planning controls and result in a negative impact on surrounding properties. It should also serve as a deterrent for people who may consider trying to go around the appropriate processes and approvals.

ATTACHMENTS

There are no attachments to this report.



MAYORAL MINUTES

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8.2 Request for an Extended Exhibition Period for Hume Coal Development Application and Environmental Impact Statement for the Proposed Underground Coal Mine at Berrima

Reference: 102/5 Report Author: Mayor Authoriser: Mayor Link to Corporate Plan: Ensure that no development takes place in Wingecarribee

that would threaten the underpinning natural resources of the area as a water catchment, food bowl, and tourist and recreational attraction

PURPOSE The purpose of this Mayoral Minute is to seek Council’s endorsement to write to the Minister for Planning, The Hon Rob Stokes, MP, requesting an extended exhibition period of the Hume Coal Development Application and Environmental Impact Statement for a proposed underground coal mine at Berrima, foreshadowed to be released later this year.

RECOMMENDATION THAT Council write to the Minister for Planning The Hon Rob Stokes, MP, requesting an extended exhibition period of the foreshadowed Hume Coal Development Application and Environmental Impact Statement for a proposed underground coal mine at Berrima of ninety (90) days, in order to allow sufficient and reasonable time for Council, the local community, and all stakeholders to adequately review the proposed plans and EIS and comment on this very complex and major proposal.

REPORT

With Hume Coal anticipated to submit their Development Application and Environmental Impact Statement with the Department of Planning later this year for the proposed underground coal mine at Berrima, concerns have been raised about the capacity of the community to adequately review and comment on such a complex matter within the standard exhibition periods provided for such applications which is ordinarily thirty (30) days.

Council understands the importance of what is at stake from potential impacts from mining within the Shire, and has passed a number of resolutions on these matters. Council is also very aware of the intensity of public interest and long standing concern in this matter. There is concern now that the nominal exhibition period for the Development Application and Environmental Impact Statement will be insufficient to adequately allow Council and community to fully understand and comment on the suite of complex documents that are likely to be exhibited.

I understand that requests have been made to the Department of Planning and to the Minister for Planning for an extended exhibition period both from the Battle for Berrima



MAYORAL MINUTES

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community group as well as from the Member for Goulburn, The Hon Pru Goward MP. To date we understand that this request hasn’t been assented to. What is being proposed is a request to the Minister from Council to consider and extended exhibition period of this proposal. Larry Whipper Mayor

ATTACHMENTS




REPORT DEPUTY GENERAL MANAGER OPERATIONS, FINANCE & RISK

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COMMITTEE OF THE WHOLE

12 OPERATIONS FINANCE & RISK

12.1 Submission on the Review of the Local Government Rating System - Independent Pricing and Regulatory Tribunal (IPART) Issues Paper

Reference: 201/6 Report Author: Chief Financial Officer Authoriser: Deputy General Manager Operations, Finance & Risk Link to Corporate Plan: Ensure systems and processes are in place to achieve

mutual trust and collaboration

PURPOSE

On 13 April 2016, the Independent Pricing and Regulatory Tribunal (IPART) released its Issues Paper in relation to its review of the Local Government Rating System. A draft response has been prepared to the Issues Paper and this report seeks Council’s endorsement of its submission to IPART.

RECOMMENDATION THAT Council endorses the submission to the Independent Pricing and Regulatory Tribunal as Council’s response to the ‘Review of the Local Government Rating System – Issues Paper’, noting that the submission closing date is 13 May 2016.

REPORT

BACKGROUND In December 2015, the Premier of New South Wales (NSW) formally requested that IPART undertake a review of the Local Government Rating System. The announcement was made as part of a range of Government decisions which are directly linked to the NSW Fit for the Future Reform Agenda and recommendations made by the Independent Local Government Review Panel. The review will be undertaken under section 9 of the Independent Pricing and Regulatory Tribunal Act 1992 and in accordance with the Terms of Reference provided by the Premier of NSW.

REPORT The purpose of the Issues Paper is to outline how IPART proposes to approach the review, explain how stakeholders can provide input and to seek initial comment on the issues identified within the existing rating system.




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It is IPART’s intention to review the current rating system in two parts. Part 1: Review the performance of the current rating system and potential improvements.

Define the current rating system in NSW,

Establish the recognised principles of taxation that IPART should employ in assessing and recommending changes to the current rating system,

Assess the current approach for calculating the level of rates applicable to ratepayers against these principles,

Assess the current approach for determining who should pay rates against the principles of taxation, and

Recommend reforms to improve the efficiency, equity and sustainability of the current rating system.

Part 2: Recommend an appropriate approach for implementing the Government’s Policy of

freezing existing rate paths for newly merged councils for four years.

Outline IPART’s interpretation of the Government’s Policy and consider how the rate path freeze might work in practice,

Identify alternative legislative and regulatory approaches for implementing the rate path freeze policy,

Make recommendations on the legislative and regulatory approach to achieve the Government’s rate path freeze policy, and

Consider the issues that might arise for merged council areas after the expiry of the rate path freeze.

Council was advised on 18 December 2015 that it had met the NSW State Government’s criteria under its Fit for the Future Reform Agenda and will remain a stand-alone Council. As such, Council will not be impacted by the Government’s Policy of freezing existing rate paths for newly merged councils. Local Government Act – Phase 1 Amendments Council’s submission to the Office of Local Government’s (OLG) Explanatory Paper, “Towards New Local Government Legislation” Proposed Phase 1 amendments was endorsed by Council on 9 March 2016. The draft amendments contain a number of proposed changes which directly impact on Council’s rating policy and structure. The proposed changes will require councils to:

Establish revenue policies with a view to ensuring fiscal responsibility,

Provide a clear rationale for how rating systems are structured and what they achieve,

Adopt rating and revenue policies which ensure the optimum allocation of the council’s resources to implement the Community Strategic Plan.

In preparing responses to IPART’s Issues Paper into the review of the Local Government Rating System, Council has maintained a consistent position that councils should be provided autonomy in establishing revenue policies which are aligned to community expectations and enshrined through its Integrated Planning and Reporting framework.




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IPART Review Timetable Submissions on the Issues Paper will be received by IPART up to 13 May 2016. IPART have released the following indicative timetable for the review into the Local Government Rating System:

Milestone Date

Release Issues Paper 13 April 2016 Public Hearing 26 April 2016 Receive Submissions to the Issues Paper 13 May 2016 Provide Interim Report to Minister 17 June 2016 Release Draft Report August 2016 Hold Public Hearing(s) September 2016 Receive Submissions to the Draft Report September 2016 Provide Final Report to the Minister December 2016

IMPACT ON FIT FOR THE FUTURE PROPOSAL OUTCOME

The review of the Local Government Rating System is a key component of the State Government’s Fit for the Future Reform Agenda and was also a recommendation of the Independent Local Government Review Panel.

CONSULTATION

Community Engagement

Nil

Internal Consultation

Executive Senior Finance Staff

External Consultation

Nil

SUSTAINABILITY ASSESSMENT

Environment

Council currently funds its Environment Levy Program (Wingecarribee – Our Future Environment) through a Special Rate levied across all ratepayers in the Shire. At this stage of the review the impact on the Environment Levy cannot be quantified.




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Social

The Issues Paper has identified a number of areas of review which include pensioner concessions and the availability of rate exemptions under the existing legislation. At this stage of the review the impact on pensioners and land owners who are exempt from rates cannot be quantified.

Broader Economic Implications

There are no broader economic implications in relation to this report.

Culture

There are no cultural issues in relation to this report.

Governance

Changes recommended as a result of IPART’s review of the Local Government Rating System will require amendments to the Local Government Act. Council will need to ensure that it systems and processes remain adaptive to any amendments to the rating provisions within the Local Government Act.

COUNCIL BUDGET IMPLICATIONS

The review of the Local Government Rating System Issues Paper is the first stage of the review process. As such, there are no budget implications as a result of the Issues Paper. Once the review has been completed, a further report will be presented to Council outlining the implications on Council’s Budget and Long Term Financial Plan.

RELATED COUNCIL POLICY

Draft 2016/17 Revenue Policy

Adopted 2016-2026 Long Term Financial Plan

OPTIONS

Option 1

Council endorses the submission to the Independent Pricing and Regulatory Tribunal as Council’s response to the ‘Review of the Local Government Rating System – Issues Paper’

CONCLUSION The Issues Paper prepared by IPART is the first opportunity for Council to provide comment into the review of the Local Government Rating System. The responses provided by Council Officers primarily deal with the issues identified and relating to the existing rating system, rather than the process for implementing the Government’s Policy for establishing a rate path freeze for newly merged councils.




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Council’s submission is based upon the principle that councils should be provided with the autonomy to establish revenue and rating policies which ensure long term financial sustainability and accords with the expectations of the community through the Integrated Planning and Reporting Framework.

ATTACHMENTS

1. Review of the Local Government Rating System - Issues Paper - circulated under separate cover

2. IPART Issues Paper - Review of Local Government Rating System - circulated under separate cover




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12.2 Lot 1 Deposited Plan 1090393 Old Hume Highway Braemar

Reference: PN1776710 Report Author: Senior Property Officer Authoriser: Manager Business Services Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The objective of this report is to obtain Council approval to market and sell the Council property, being vacant land at Lot 1 DP1090393 Old Hume Highway Braemar (‘the property’).

RECOMMENDATION 1. THAT a formal valuation be obtained to assess likely market value of Lot 1

Deposited Plan 1090393 Old Hume Highway Braemar.

2. THAT authority be delegated to the General Manager to negotiate with any prospective purchaser within a 10% range of the assessed value in the formal valuation in respect of Lot 1 Deposited Plan 1090393 Old Hume Highway Braemar.

3. THAT authority be delegated to the General Manager and Mayor to execute the

Contract for Sale of Land for Lot 1 Deposited Plan 1090393 Old Hume Highway Braemar and any associated real property dealing under the Common Seal of the Council.

4. THAT all costs of the sale of Lot 1 Deposited Plan 1090393 Old Hume Highway

Braemar be paid from the Property Development Reserve, with the net proceeds of sale paid toward the loan for the Moss Vale War Memorial Aquatic Centre.

REPORT

BACKGROUND

An application for road closure was made in 2003 and Council, as third party applicant, applied to the Crown for the closure of an unmade road reserve. The unmade road was formally closed and a first Title created on 17 November 2005 by the registration of DP 1090393. The property vested in Council as operational property.

Negotiations took place between Council and the initiating applicant over a significant period however agreement could not be reached and ultimately Council resolved to retain the property.




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On Wednesday 8 February 2012 in a Closed Committee of Council, a report provided an update on the status of the property. It was resolved by Council as follows (CC02/12):

1. THAT the information in the Report relating to (No Street Number) Lot 1 DP 1090393

Old Hume Highway, Braemar, be noted.

2. THAT the application fee and valuation fee paid by the adjoining owner to Council in

respect of the road closure be refunded to the adjoining owner.

On Wednesday 28 August 2013, a further report was considered by Council to resolve issues connected with the closure of an unmade road and the adjacent development and subject land. It was resolved by Council as follows (CC 40/13):

THAT the report be noted AND THAT the land be retained by Council.

REPORT

The intent of Council resolving in August 2013 to retain the property was to enable further investigations to take place with respect to utilising the property for a potential future alternate rail over bridge for Willow Vale. These investigations were concluded with the determination that the property was not suitable for this use. A report was considered by Council on Wednesday 11 March 2015 - New Rail Over Bridge and Improved Access Proposal for Willow Vale and Balaclava Communities, to replace the existing Swan Street bridge.

With the proposed Railway Terrace (Swan Street) replacement bridge work by John Holland Rail underway, the property is deemed surplus to Council’s requirements. This report seeks approval of Council to market and sell the property to the general public.

The property is zoned R2 - Low Density Residential and classified pursuant to the Local Government Act 1993 as operational land. Within the R2 zone, dwellings are permissible. Adjacent to the property on the northern boundary is a community title residential subdivision; on the southern boundary is a display home under construction which will be presumably sold in the future as a residence.

1 Objectives of zone

• To provide for the housing needs of the community within a low density residential environment.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

2 Permitted without consent

Environmental protection works; Home-based child care; Home occupations

3 Permitted with consent

Bed and breakfast accommodation; Boarding houses; Child care centres; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms; Home businesses; Home industries; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Roads; Seniors housing; Serviced apartments; Signage




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4 Prohibited

Any development not specified in item 2 or 3

The area of the property is approximately 1,253 square metres. The property has access to all services. A formal valuation will be obtained from a registered valuer to assess the likely market value of the property. Authority will be required to be delegated to the General Manager to negotiate within a 10% range of the assessed value with any prospective purchaser.

All costs of the proposed sale of the property will be paid from the Property Development Reserve. The nett proceeds of sale will be paid toward the loan for the Moss Vale Aquatic Centre.


None identified.

CONSULTATION


Engagement with the community is not required. The property is classified as operational land.


Deputy General Manager Operations Finance & Risk

Manager Business Services


Nil


Environment

There are no environmental issues in relation to this report.

Social

There are no social issues in relation to this report.



Culture





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Governance

There are no governance issues in relation to this report.


The proposed future sale of the property will have a positive impact on Council’s budget.

The net proceeds of sale will be paid toward the Moss Vale War Memorial Aquatic Centre loan.


Surplus Council Lands Rationalisation Policy:

This policy was adopted by Council on Wednesday 12 October 2005 (MN417/05).

The purpose of the policy is to, among other things, identify and consider disposal options for Council owned community land assets. While the subject property is classified as operational land and does not fit the definition of a community land asset, this matter is reported to Council for transparency and in the interests of good governance.

CONCLUSION

As the property is deemed surplus to Council’s requirements, it is recommended that Council approve the marketing and sale to the general public. It is necessary for delegated authority to be granted to the General Manager to negotiate the sale within a 10% range of the assessed value and for the General Manager and Mayor to execute any Contract for Sale of Land and real property dealing under the Common Seal of the Council.

ATTACHMENTS

1. Aerial Map

AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 11 May 2016

12.2 Lot 1 Deposited Plan 1090393 Old Hume Highway Braemar ATTACHMENT 1 Aerial Map

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ATTACHMENT 1



REPORT MANAGER BUSINESS SERVICES

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12.3 Variation to Lease, Part Lot 1 DP 635041 Woodlands Road, Woodlands

Reference: PN1784360 Report Author: Acting Property & Projects Officer Authoriser: Senior Property Officer Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The objective of this report is to have Council approve a variation to the lease held by Wingecarribee Shire Council on behalf of the Rural Fire Service NSW (RFS) for the use of the fire shed erected on part Lot 1 DP 635041 Woodlands Road, Woodlands. The property at Woodlands is privately owned.

RECOMMENDATION THAT the General Manager and Mayor be delegated authority to execute the variation of lease under the Common Seal of the Council, in respect to the Lease of Part Lot 1 DP 635041 Woodlands Road, Woodlands.

REPORT

BACKGROUND

Council entered into a lease agreement with the owner of the property on behalf of the RFS, for a period of ninety nine (99) years, commencing 19 October 1981.

REPORT

Council has been approached by the RFS to vary the lease held for the use of the fire shed, as they would like to extend the leased area by an additional four (4) metres to accommodate a new extension to the fire shed. The RFS have lodged a development application for the extension with Council and have requested Council’s permission as lessee to vary the lease.

The current lease is for a term of ninety nine (99) years. The Variation of Lease will incorporate an updated plan once surveyed to indicate the extended leased area.


None identified.




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CONSULTATION


There has been no community engagement with the community. This is an administrative matter between Council, RFS and the property owner.


Senior Property Officer


Rural Fire Service NSW (RFS)

Property Owners who have no objections.


Environment


Social




Culture


Governance



There is no change to Council’s Budget. Rental is $1.00 per annum.


None identified.

CONCLUSION

In the interests of community safety and improving our local RFS resources, it is recommended that Council endorse the variation to the current lease.




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ATTACHMENTS

1. Proposed Extension Site Plan

2. Aerial Map - Woodlands RFS Site

3. Current Lease


12.3 Variation to Lease, Part Lot 1 DP 635041 Woodlands Road, Woodlands ATTACHMENT 1 Proposed Extension Site Plan

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ATTACHMENT 1



ATTACHMENT 2 Aerial Map - Woodlands RFS Site

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ATTACHMENT 2



ATTACHMENT 3 Current Lease

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ATTACHMENT 3




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12.4 Application for Closure and Sale of Part Argyle Street, Adjacent to 5 Argyle Street, Mittagong

Reference: PN1741990, RD3111 Report Author: Acting Property & Projects Officer Authoriser: Senior Property Officer Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The objective of this report is to obtain the approval of Council to invite an application to close part Argyle Street, adjacent to 5 Argyle Street, Mittagong.

RECOMMENDATION 1. THAT Council invite a formal Application for Road Closure from the applicant

(being the owner of 5 Argyle Street, Mittagong) AND THAT it be noted that all costs in relation to the closure and potential future sale of the road are to be paid for by the applicant.

2. THAT Council provide public notice of the intention to close part Argyle Street,

Mittagong, advertising for a minimum of twenty eight (28) days. 3. THAT following public notice of the proposed closure, Council make a third

party application to the Crown Lands Office for the closure of part Argyle Street adjacent to 5 Argyle Street, Mittagong AND THAT if the Crown ultimately approves the closure of the road, the applicant is to consolidate the newly created lot following road closure with their adjoining property at their cost, providing a right of carriage way across the newly created lot to benefit 6 Argyle Street, Mittagong and emergency vehicle access.

4. THAT the General Manager and Mayor be delegated authority to execute under

the Common Seal of the Council any agreement, plan or real property dealing in respect of the closure and sale of the road adjacent to 5 Argyle Street, Mittagong.

REPORT

BACKGROUND

Argyle Street was created as part of the original subdivision in 1979. The road is a formed road allowing access to five (5) residential properties. Enquiries were received from the adjoining owner/applicant requesting Council to consider the potential future closure and sale of the road adjoining their property at 5 Argyle Street, Mittagong.




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REPORT

Council approval is sought to invite an application for partial road closure from the applicant, being the adjoining owner of 5 Argyle Street, Mittagong.

In principle, Council officers support the partial closure of the road adjoining 5 Argyle Street, Mittagong and its subsequent sale to the adjoining owner/applicant.

During the consultation period with the relevant departmental managers, the issue of access for the residents of 6 Argyle Street, Mittagong and emergency services was raised. It is recommended that a Right of Carriageway be a condition of the closure. The Right of Carriageway would be created over the closed road to benefit the residents of 6 Argyle Street, Mittagong as well as emergency services access.

Following the necessary advertising and public notice, Council will be required to submit a third party application to the Crown, noting that it is the Crown (New South Wales Trade & Investment) that makes the ultimate decision as to whether the application for road closure will be approved.

If the closure of the part of the road proceeds, the closed section of the road will be allocated a lot and deposited plan number, that is, a new title. The newly created lot (being the segment of closed road) will be required to be consolidated with the applicant’s adjoining property at the applicant’s cost.


None identified.

CONSULTATION


Public notice of the intention to close part of the road adjacent to 5 Argyle Street, Mittagong will be advertised for twenty eight (28) days, following in-principle Council endorsement.


The relevant departmental managers and Council officers have been consulted and invited to comment in relation to the closure and sale of part of the road adjacent to 5 Argyle Street, Mittagong. There is no objection to this road closure proceeding, however it has been identified that a Right of Carriageway would be necessary for access over the closed road for Emergency Services and also to ensure that 6 Argyle Street has formalised access to their property. This would be a condition of the road closure.


Adjoining owner/applicant.


Environment





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Social




Culture


Governance

The request for a closure and sale of a road must be reported to Council and the application to the Crown endorsed. It is essential for good governance and transparency that proper processes are followed.


The adjoining owner/applicant is responsible for the payment of all fees and charges in relation to the process involving the Application for Road Closure. Fees will include an initial application fee to Council for road closure, along with surveying, valuation fees and registration fees.


None identified

CONCLUSION

It is recommended that Council support the proposal in-principle and that an application for road closure be invited from the applicant.

ATTACHMENTS

1. Aerial Map - Argyle Street, Mittagong


12.4 Application for Closure and Sale of Part Argyle Street, Adjacent to 5 Argyle Street, Mittagong

ATTACHMENT 1 Aerial Map - Argyle Street, Mittagong

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ATTACHMENT 1




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12.5 Contribution To Footpath And Kerb/Gutter Policy

Reference: 7402, 7812, 7830 Report Author: Manager Assets Authoriser: Deputy General Manager Operations, Finance & Risk Link to Corporate Plan: Provide convenient, affordable and high public transport to

major urban centres outside Wingecarribee Shire

PURPOSE The purpose of this report is to present the revised ‘Contribution to Footpath and Kerb/Gutter Policy’ to Council and recommend its adoption.

RECOMMENDATION THAT the revised ‘Contribution to Footpath and Kerb/Gutter Policy and Procedure’ be adopted.

REPORT

BACKGROUND

The existing ‘Contribution to Footpath and Kerb/Gutter Policy’ was adopted in February 2014 and is due for review. The policy has been reviewed and submitted for Council’s consideration and adoption.

REPORT

A review of the policy and comparison with similar councils concluded the following:

The existing policy is still valid and does not require any material change. Some clauses have been reworded to make it clearer and those are shown in bold letters.

Three Branches of Council are involved in its implementation and a clear ‘procedure’ is required for co-ordinated and timely implementation of the revised policy. A ‘Procedure’ document has been developed to satisfy this requirement and is attached to this report.


The revised policy and procedure will enable collection of the appropriate contribution for footpath and kerb/gutter for the project included in the Council’s Capital Works Program.




Page | 33

CONSULTATION


Since no changes to the policy are proposed and the existing policy was adopted only two years ago, community consultation is not considered essential.


Staff from the following Branches have been consulted:

Infrastructure Services

Finance

Assets


Consulted staff from the following Councils:

Wollondilly Shire Council

Goulburn Mulwaree Council

Eurobodalla Shire Council


Environment


Social

This policy aims to apply the provisions of the Roads Act 1993 to collect contributions from the benefitting property owners in an equitable and justifiable manner.


By collecting a reasonable contribution for the construction of kerb and gutter from the benefitting property owners, a proportionate amount of additional construction works can be undertaken within the overall funding constraints.

Culture


Governance



Contributions will be identified as part of Council’s Annual Budget process and will be included as part of the draft Operational Plan/Budget.




Page | 34


The revised policy will replace the existing ‘Contribution to Footpath and Kerb/Gutter Policy 3.17’.

OPTIONS

The options available to Council are:

Option 1

Adopt the revised ‘Contribution to Footpath and Kerb/Gutter Policy and Procedure’.

This would enable Council to continue to implement Section 217 of the Roads Act 1993 in an equitable manner.

Option 2

Amend the revised policy as required and adopt the amended policy.

Option 1 is the recommended option to this report.

CONCLUSION

A review of the policy and comparison with similar Councils concluded the following:

The existing policy is still valid and does not require any material change

Three Branches of Council are involved in its implementation and a clear ‘procedure’ has been developed, in consultation with the staff concerned, and incorporated for co-ordinated and timely implementation of the policy.

The proposed policy provides for an equitable arrangement to seek contributions from adjacent residential and other property owners for footpath and kerb/gutter construction works to be undertaken. The policy incorporates a balanced approach, taking into account the need for improved community infrastructure, the ability of the property owners to pay, mitigation of drainage problems and adding value to the affected properties.

ATTACHMENTS

1. Contribution to Footpath and Kerb/Gutter Policy

2. Procedure: Contribution to Footpath and Kerb/Gutter Policy Barry W Paull Deputy General Manager Operations, Finance & Risk Friday 6 May 2016


12.5 Contribution To Footpath And Kerb/Gutter Policy ATTACHMENT 1 Contribution to Footpath and Kerb/Gutter Policy

Page | 35

ATTACHMENT 1



Page | 36



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Page | 38



Page | 39


12.5 Contribution To Footpath And Kerb/Gutter Policy ATTACHMENT 2 Procedure: Contribution to Footpath and

Kerb/Gutter Policy

Page | 40

ATTACHMENT 2



Kerb/Gutter Policy

Page | 41



Kerb/Gutter Policy

Page | 42



REPORT DEPUTY GENERAL MANAGER CORPORATE, STRATEGY & DEVELOPMENT SERVICES

Page | 43

13 CORPORATE STRATEGY & DEVELOPMENT SERVICES

13.1 Development Applications Determined 23 March 2016 to 21 April 2016

Reference: 5302 Report Author: Team Leader Business Support (Development) Authoriser: Group Manager Planning, Development & Regulatory

Services Link to Corporate Plan: Retain and make more distinctive the special qualities that

make each town or village unique

PURPOSE The purpose of this report is to update Councillors on development applications determined in the period 23 March 2016 to 21 April 2016.

RECOMMENDATION THAT the information relating to the list of development applications determined be received and noted.

DETERMINED APPLICATIONS BY DATE RANGE Date range: 23 March 2016 to 21 April 2016

Application

ID Primary Property Owner Description

Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

1 14/0650 REFUSED

11 Edward Street Bowral NSW 2576 Lot 5 DP 1188597

ERF Hospice Foundation

Limited

10 Unit Hospice Facility

20/06/2014 7 649 656 07/04/2016

REFUSED

2 14/0668.03

Cablesgrey 662 Wombeyan Caves Road High Range

NSW 2575 Lot 14 DP 713511

J Richards, LM Richards

Section 96 Modification

(Business hours of operation)

24/02/2016 0 33 33 29/03/2016

3 14/1127.03

12 Bellevue Avenue Moss Vale NSW

2577 Lot 22 DP 8915

Blue Wall Investments Pty

Limited


(Water treatment change)

16/03/2016 0 22 22 07/04/2016

4 14/1251.03 16 Yean Street

Burradoo NSW 2576 Lot 1 DP 871966

AIB Clark


(Internal layout, glazing change)

04/03/2016 0 39 39 12/04/2016

5 14/1299.04

25 Ashgrove Place Bundanoon NSW 2578 Lot 24 DP

264230

AM Sheather, FA Sheather, MJ English, RP English


(Material change) 04/04/2016 0 9 9 13/04/2016




Page | 44

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

6 15/0147.03 85 Camden Street

Wingello NSW 2579 Lot 6 DP 1117343

J Marx, CA Marx

Section 96 Modification (3rd

roller door and window addition)

04/03/2016 0 9 9 13/04/2016

7 15/0152

158A Oxley Drive Mittagong NSW 2575 Lot 31 DP

879062

EF Reilly


(Remove front verandah and

deck)

04/03/2015 0 385 385 24/03/2016

8 15/0287 29 Azalea Street

Colo Vale NSW 2575 Lot 4 DP 841443

EB Richardson Continued Use

(Dwelling) 08/04/2015 352 21 373 16/04/2016

9 15/0449.04

31 Cumberteen Street Hill Top NSW

2575 Lot 1 DP 1056040

GT Dobson SA Dobson


(Area reduction and removal of front verandah

and deck)

03/03/2016 0 35 35 07/04/2016

10 15/0491

11 Anne Street Mittagong NSW

2575 Lot 7 Sec 7 DP 111201

LB Gregory, DJ Gregory

Retail Outlet 04/06/2015 261 60 321 21/04/2016

11 15/0571.04 88 Osborne Road


GL Sanderson, EA Sanderson


(Sunroom modified and garage/shed location and

design modified)

11/03/2016 0 25 25 05/04/2016

12 15/0621

15 Hurlingham Avenue Burradoo NSW 2576 Lot 121

DP 719021

AP Keegan DA - Alterations and Additions to

Dwelling & Studio 08/07/2015 211 70 281 15/04/2016

13 15/0790.03

22 Erith Street Bundanoon NSW

2578 Lot 1 DP 919387

Vincent And Michele Roche

Superannuation Fund Pty Ltd

Alterations and Additions to

Commercial & Demolition & Car

Park

17/02/2016 0 50 50 12/04/2016

14 15/0793.04

32A Narellan Road Moss Vale NSW 2577 Lot 4 DP

786881

J Flick


(Detached garage to be attached)

08/04/2016 0 13 13 21/04/2016

15 15/0795.02 8 Kyeema Close


SM Bellas, ASK Bellas

Section 96 Modification (Roof design

change)

22/03/2016 0 23 23 14/04/2016

16 15/0884

11-13 Oxley Street Berrima NSW 2577

Lot 16 Sec 30 DP 758098

Lot 17 Sec 30 DP 758098

AMG Poppelwell, PS Scevak

New Dwelling

08/09/2015 0 219 219 15/04/2016




Page | 45

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

17 15/0944.02

2 Panorama Avenue Bundanoon NSW 2578 Lot 19 DP

1205431

J Longton, GJ Longton

Section 96 Modification (Roof colour

change)

17/12/2015 0 49 49 23/03/2016

18 15/1002.04

390 Oxleys Hill Road Bowral NSW 2576

LOT 1 DP 589986 & PL E'MENT DP

605103

MA Greig, ALG Greig


(Minor changes and roof material

change)

17/03/2016 0 34 34 21/04/2016

19 15/1005

23 Purcell Street Bowral NSW 2576 Lot A DP 403717

Joer Pty Limited

Demolition of existing dwelling, tree removal and construction of a

four multi dwelling

development

12/10/2015 62 101 163 24/03/2016

20 15/1067

900 Old Hume Highway Alpine NSW

2575 Lot 33 DP 713538

M Waller, BRC Waller


Dwelling 30/10/2015 68 88 156 04/04/2016

21 15/1113 13 Ascot Road

Bowral NSW 2576 Lot 1 DP 10271

JJ Maher, AS Maher


Dwelling 10/11/2015 7 135 142 13/04/2016

22 15/1117 20-26 Pearce Street Hill Top NSW 2575

Lot 28 DP 13533

R Zimmer, V Zimmer

3 Lot Subdivision 10/11/2015 125 22 147 05/04/2016

23 15/1140.03 12 Isedale Road

Braemar NSW 2575 Lot 145 DP 1204085

JMJ Vittoria, F Vittoria


(Relocate water tank)

15/03/2016 0 6 6 30/03/2016

24 15/1143


2578 Lot 1 DP 1105230

I & M Rajendra Pty Limited


Dwelling 20/11/2015 0 144 144 13/04/2016

25 15/1162.03 66 Kangaloon Road Bowral NSW 2576 Lot 3 DP 236564

ER Wright


(Deletion of patio and roof material

change)

21/03/2016 0 22 22 13/04/2016

26 15/1198.03 73 Kangaloon Road Bowral NSW 2576 Lot 2 DP 1212947

GM Phillips, DGS Ferguson


(External cladding material change)

13/04/2016 0 7 7 20/04/2016

27 15/1209.03 91A Shepherd Street


AE Sutherland, AM Sutherland

Modification to CDC (Floorplan and windows)

15/03/2016 0 21 21 05/04/2016

28 15/1249

674 Nowra Road Moss Vale NSW 2577 Lot 10 DP

1024662

SM Broster Dwelling and

Equestrian Arena 21/12/2015 0 116 116 16/04/2016




Page | 46

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

29 15/1263.01

12-16 Watson Road Moss Vale NSW 2577 Lot 311 DP

548349

KR Davies, JG Chudleigh

Section 96 Modification (Reduction in

right of carriageway

width)

07/04/2016 0 14 14 21/04/2016

30 15/1265

44 Waverley Parade Mittagong NSW 2575 Lot 3 DP

1087566

J Maxwell Three Dwelling Development

22/12/2015 83 31 114 14/04/2016

31 15/1274

175 Range Road Mittagong NSW 2575 Lot 24 DP

832817

TG Maguire 4 Lot Subdivision 22/12/2015 64 37 101 01/04/2016

32 15/1292

40 Bowral Road Mittagong NSW 2575 Lot 8 DP

107839

RE Robertson, PA Robertson, CA Robertson

Dual Occupancy 23/12/2015 84 36 120 21/04/2016

33 15/1299 45 Bowral Street


AC Viles

Alterations and Additions to Commercial

(Medical Centre)

24/12/2015 49 42 91 24/03/2016

34 16/0004

405 Argyle Street Moss Vale NSW 2577 Lot 1 DP

1102437

Silbora Pty Limited

Retail Outlet 08/01/2016 29 54 83 31/03/2016

35 16/0006

18 Armstrong Crescent Robertson NSW 2577 Lot 78 DP

12886

SL Thomas Alterations and

Additions to Dwelling

08/01/2016 0 81 81 30/03/2016

36 16/0010 4B Oxley Drive


TA Schymitzek, BL Schymitzek

Outbuildings (Retaining wall)

13/01/2016 54 28 82 05/04/2016

37 16/0030

Golden Vale Road Sutton Forest NSW

2577 Lot 122 DP 1183718

EJ McLeavy, MBC McLeavy

New Dwelling 20/01/2016 0 69 69 30/03/2016

38 16/0042 15 Suttor Road Moss Vale NSW 2577 Lot 1

DP 842690

PW Gardiner, JM Gardiner

3 Lot Subdivision 25/01/2016 0 66 66 01/04/2016

39 16/0046 2 Indigo Lane Exeter NSW 2579 Lot 12 DP

1180426 MA Yee

Outbuildings (Shed)

27/01/2016 0 71 71 07/04/2016

40 16/0051

22 Mann Crescent Moss Vale NSW 2577 Lot 98 DP

246679

A Tozzi


Dwelling- Continued Use

28/01/2016 62 12 74 12/04/2016

41 16/0064 10 Kimberley Drive Bowral NSW 2576 Lot 16 DP 746488

KT Woodward, A Woodward


Dwelling 03/02/2016 0 56 56 30/03/2016




Page | 47

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

42 16/0066

31 Garrett Street Moss Vale NSW 2577 Lot 4 DP

560140

DA Mackay, DJ Mackay,

Nadia Pty Ltd

Alterations and Additions

(Demolition & Replacement of Existing Shed)

03/02/2016 0 72 72 16/04/2016

43 16/0083 7 Emerald Court


DW Faulds, D Faulds

New Dwelling 04/02/2016 0 59 59 05/04/2016

44 16/0085

3 Bumballa Road Wingello NSW 2579

Lot 1 Sec 1 DP 759097

PJ Thompson, ML Thompson

New Dwelling 05/02/2016 0 47 47 23/03/2016

45 16/0102

8 Throsby Street Moss Vale NSW 2577 Lot 31 DP

543270

AJ Drysdale Alterations and


09/02/2016 27 31 58 07/04/2016

46 16/0103 70 Boolwey Street Bowral NSW 2576 Lot B DP 154471

JM Rose-Innes Alterations and


09/02/2016 34 30 64 14/04/2016

47 16/0109 7 Eridge Park Road


CJ Walsh, CL Walsh

New Dwelling 10/02/2016 0 61 61 12/04/2016

48 16/0111

54 Berrima Road Moss Vale NSW 2577 Lot 3 DP

613941

Shub Holdings Pty Ltd

Boundary Adjustment

10/02/2016 0 62 62 14/04/2016

49 16/0113

18 Morrice Court Moss Vale NSW 2577 Lot 10 DP

1137022

JL O'Brien, WRJ Harris

New Dwelling 11/02/2016 0 41 41 23/03/2016

50 16/0131

3 Black Wattle Close Moss Vale NSW 2577 Lot 4 DP

1214975

MA Russell, G Russell

New Dwelling 18/02/2016 0 51 51 11/04/2016

51 16/0132 15 Birriga Avenue Bundanoon NSW

2578 Lot 8 DP 9429 NM Turner New Dwelling 18/02/2016 0 54 54 12/04/2016

52 16/0135

682 Nowra Road Moss Vale NSW 2577 Lot 384 DP

751303

MC Gilbert, AD Gilbert

Outbuildings (Shed)

18/02/2016 0 34 34 30/03/2016

53 16/0136 141 Old South Road

Alpine NSW 2575 Lot 4 DP 129067

MH Colgan New Dwelling 19/02/2016 0 52 52 12/04/2016

54 16/0138

9 Barton Close Mittagong NSW 2575 Lot 13 DP

1213476

RW Curr, KA Curr

New Dwelling 19/02/2016 0 62 62 21/04/2016




Page | 48

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

55 16/0146 48 Bumballa Road

Wingello NSW 2579 Lot 6 DP 837650

NJ Rosas, DR Rosas

New Dwelling 22/02/2016 0 49 49 11/04/2016

56 16/0148

299 Oldbury Road Sutton Forest NSW

2577 Lot 2 DP 867224

RT Frost, JLH Frost

Outbuildings (Shed)

23/02/2016 0 28 28 23/03/2016

57 16/0154

65 Farnborough Drive Moss Vale

NSW 2577 Lot 164 DP 1095417

GC Wellington, MM Wellington

Outbuildings (Shed)

25/02/2016 0 46 46 12/04/2016

58 16/0155

47 Dengate Crescent Moss Vale NSW 2577 Lot 19 DP

252203

GJ Knapman, CE Knapman


Dwelling 25/02/2016 36 6 42 08/04/2016

59 16/0158 8 Vivienne Street Hill

Top NSW 2575 Lot 101 DP 716122

KM Towns, KA Towns

New Dwelling 26/02/2016 0 46 46 12/04/2016

60 16/0164

114 Sunrise Road Yerrinbool NSW 2575 Lot 94 DP

11780

J Barlow, PA Barlow


Dwelling 26/02/2016 0 33 33 31/03/2016

61 16/0173

Boen Boe 1078 Joadja Road Joadja NSW 2575 Lot 3 DP 113357 & Lots 122-

123/126-131 DP 751276 & Lot 124 D

P 1081709

C Zammit, EJ Zammit

Outbuildings (2 x Sheds)

01/03/2016 0 44 44 14/04/2016

62 16/0175

1 Government Road Yerrinbool NSW 2575 Lot 11 DP

245107

BA Quinn, DR Cameron

Outbuildings (Carport)

01/03/2016 0 30 30 01/04/2016

63 16/0179 Old Argyle Road

Exeter NSW 2579 Lot 1 DP 1149258

RA Simpson, CJ Simpson


Dwelling 02/03/2016 0 40 40 11/04/2016

64 16/0180

5 Robbie Burns Place Bundanoon NSW

2578 Lot 7 DP 1038923

B Ash New Dwelling 02/03/2016 0 41 41 13/04/2016

65 16/0182

13-19 Kirkham Street Moss Vale

NSW 2577 Lot 100 DP 1043725

Frisco Girl Pty Limited

Retail Outlet (Shade structures over car spaces)

04/03/2016 0 46 46 19/04/2016

66 16/0184 2 Elsworth Avenue

Balaclava NSW 2575 Lot 1 DP 732468

DA Jones, J Jones

Change of Use (Internal

alterations and use as a Medical

Centre)

04/03/2016 0 47 47 21/04/2016




Page | 49

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

67 16/0187 2 Lytton Road Moss

Vale NSW 2577 Lot 9 Sec A DP 2810

C Rannard Alterations and


07/03/2016 0 38 38 14/04/2016

68 16/0188 17 Denison Street Hill Top NSW 2575 Lot 14 DP 1070147

GW Starling, SL Whitton-

Starling

Outbuildings (Awning)

07/03/2016 0 27 27 04/04/2016

69 16/0197 14 Toongoon Road

Burradoo NSW 2576 Lot D DP 372763

BF Daly, J Daly

Outbuildings (Pergola and

gazebo continued use)

11/03/2016 0 33 33 18/04/2016

70 16/0204

35 Dale Street Burrawang NSW

2577 Lot 15 Sec 4 DP 2660

KT Ortado, NJ Gray


Dwelling 14/03/2016 0 30 30 13/04/2016

71 16/0210

19 Windsor Crescent Moss Vale NSW 2577 Lot 140 DP

1181921

RA Murchie, AL Murchie

New Dwelling 17/03/2016 15 15 30 16/04/2016

72 16/0212 61 Suttor Road Moss Vale NSW 2577 Lot

12 DP 236811

KAJ Hill, EC Farrar


Dwelling 17/03/2016 0 27 27 14/04/2016

73 16/0213

27 Bromhall Road Bundanoon NSW 2578 Lot 64 DP

1038163

PP Harrington, MA Harrington

Outbuildings (Shed)

17/03/2016 0 16 16 04/04/2016

74 16/0220

Lot 5 9 Nero Street Mittagong NSW 2575 Lot 5 DP

815702

SA Miller, RJ Miller

Outbuildings (In-ground Swimming

Pool) 21/03/2016 0 25 25 16/04/2016

75 16/0226

10 Church Road Moss Vale NSW 2577 Lot 16 DP

786919

AJ Hesketh, PM Lyons


Dwelling 22/03/2016 0 23 23 14/04/2016

76 LUA09/0258.04

83 Main Street Mittagong NSW 2575 Lot 238 DP

650500

WA Wainberg


(Roof materials and floor plan

change)

22/02/2016 0 48 48 11/04/2016

77 LUA12/1041.03

54 Old Hume Highway Braemar

NSW 2575 Lot 1 DP 1078394

AJ Healy, CM Healy


(Modify trading hours to be 5.30am to 5.00pm)

24/02/2016 0 28 28 23/03/2016

78 LUA13/0280.04

3 Wembley Road Moss Vale NSW 2577 Lot 9 DP

800183

IJ McCulloch


(Extend verandah and cover)

21/03/2016 0 23 23 13/04/2016




Page | 50

Application


Date Lodged

Days Stopped

Assess Days

Total Days

Date Finalised

79 LUA13/1027.02 1437 Wilson Drive


DL Johnson, DG Johnson

Section 96 Modification (Addition of

internal wall)

14/03/2016 0 24 24 07/04/2016

80 LUA13/1046.05

34 Hoddle Street Burrawang NSW

2577 Lot 10 DP 1694 Lot 11 DP 1694 Lot 1 DP 1694

Lot 2 DP 1694 and 9 more

S A Deveson Pty Limited,

PE Marshall, JI Marshall

SECT 96 (1a) CC - Dwelling &

Garage 10/04/2014 705 27 732 13/04/2016

Total Applications Determined:

80

ATTACHMENTS





Page | 51

13.2 Development Applications Received 23 March 2016 to 21 April 2016

Reference: 5302 Report Author: Team Leader Business Support (Development) Authoriser: Group Manager Planning, Development & Regulatory

Services Link to Corporate Plan: Retain and make more distinctive the special qualities that

make each town or village unique

PURPOSE The purpose of this report is to update Councillors on development applications received in the period 23 March 2016 to 21 April 2016.

RECOMMENDATION THAT the information relating to the list of development applications received be received and noted.

RECEIVED APPLICATIONS BY DATE RANGE

Date range: 23 March 2016 to 21 April 2016

Application


Date Lodged

Council Decision Determined

Date

Weekly Circular

1 14/0721.04

2 Jemima Lane Wingello NSW 2579 Lot 50 DP

1172822

RL Davidson 2 Lot Subdivision 23/03/2016 #APPROVED 21/04/2016

2 14/1189.03

30 Mittagong Street Welby NSW

2575 Lot 82 DP 802963

GJ Hansford, CL Hansford

Section 96 Modification (Deck

extension) 11/04/2016 #PENDING

3

14/1299.04

25 Ashgrove Place Bundanoon NSW 2578 Lot 24 DP

264230

AM Sheather, FA Sheather, MJ English, RP English


(Material change) 04/04/2016 #APPROVED 13/04/2016

4 15/0415.03

2 Edward Riley Drive Bowral NSW

2576 Lot 9 DP 1189022

JEL Foot, AE Foot


(Dimension change) 23/03/2016 #PENDING

5 15/0793.04

32A Narellan Road Moss Vale NSW 2577 Lot 4 DP

786881

J Flick


(Detached garage to be attached)

08/04/2016 #APPROVED 21/04/2016




Page | 52

Application


Date Lodged


Date

Weekly Circular

6 15/0944.04

2 Panorama Avenue

Bundanoon NSW 2578 Lot 19 DP

1205431

J Longton, GJ Longton


(Change of floor levels on double storey section)

30/03/2016 #PENDING

7 15/0975.03

5 Mary Street Mittagong NSW 2575 Lot 1 DP

795590 Lot 2 Sec 1 DP

1847 Lot 3 Sec 1 DP

1847 Lot 11 Sec 1 DP

1847

DM Gruesser Boundary

Adjustment 29/03/2016 #PENDING

8 15/1021.03

5820 Illawarra Highway Avoca NSW 2577 Lot 2

DP 565723

LS Wilson

Section 96 Modification (Shed and pool location

change)

14/04/2016 #PENDING

9 15/1155.03

60 Woodbine Street Bowral NSW

2576 Lot 62 DP 1142632

BF Walker

Section 96 Modification (Minor

extension of rear deck and window

changes)

30/03/2016 #PENDING

10 15/1198.03

73 Kangaloon Road Bowral NSW

2576 Lot 2 DP 1212947

GM Phillips, DGS Ferguson


(External cladding material change)

13/04/2016 #APPROVED 20/04/2016

11 15/1263.01

12-16 Watson Road Moss Vale

NSW 2577 Lot 311 DP 548349

KR Davies, JG Chudleigh


(Reduction in right of carriageway

width)

07/04/2016 #APPROVED 21/04/2016

12 16/0130.02

6528 Illawarra Highway Moss

Vale NSW 2577 Lot 82 DP 1148858

JG Nicholson, CJ Nicholson


(Rotation of shed) 30/03/2016 #APPROVED 19/04/2016

13 16/0233 Young Road Moss

Vale NSW 2577 Lot 2 DP 616479

SJ Wellard 6 Lot Subdivision 23/03/2016 #PENDING

14 16/0234

1/1D Victor Crescent Moss


PK Bailey, KN Bailey

New Dwelling 23/03/2016 #PENDING

15 16/0236 22 Charles Street

Hill Top NSW 2575 Lot 123 DP 834377

BJ Newhouse, EJ Newhouse


Dwelling 23/03/2016 #PENDING

16 16/0237

29 Sunset Point Drive Mittagong NSW 2575 Lot 16

DP 215729

Masterimage Pty Ltd






Page | 53

Application


Date Lodged


Date

Weekly Circular

17 16/0238

9 Black Wattle Close Moss Vale NSW 2577 Lot 7

DP 1214975

BJ McArthur New Dwelling 24/03/2016 #PENDING

18 16/0239

33 Orient Street Willow Vale NSW 2575 Lot 23 Sec 9

DP 792

TL Zube, TJ Zube, KT Zube,

Hanratty Katie



19 16/0240

42 Mackellar Circuit Renwick NSW 2575 Lot

6139 DP 1195222

DC Watts, LA Watts


20 16/0241

117 Old Mandemar Road

Berrima NSW 2577 Lot 10 DP 844048

AM Schaffer Alterations and


29/03/2016 #PENDING

21 16/0242

5 Church Street Bowral NSW 2576

Lot 6 Sec C DP 11838

RM Knox, JR Knox



22 16/0243

7 Panorama Avenue


869193

DR Morgan, A Morgan

Outbuildings (Cabin) 29/03/2016 #PENDING

23 16/0244

Staff Application

1B Victor Crescent Moss Vale NSW 2577 Lot 3 DP

1214724

NE Woods, BM Woods


24 16/0246

25 Government Road Yerrinbool NSW 2575 Lot 3

DP 702021

KL Sorouni, JJ Sorouni,

LM Pincham, AJ Pincham

Outbuildings (Pool) 29/03/2016 #PENDING

25 16/0247

57 Cumberteen Street Hill Top

NSW 2575 Lots 30-33 Sec 52 DP 1384

AL Thompson, KD Basanovic

Outbuildings (Shed) 30/03/2016 #PENDING

26 16/0248

7 Laconia Crescent (Priv.) Moss Vale NSW 2577 Lot 23

DP 1013577

RJ Schreiber, FD Schreiber

Outbuildings (Deck) 30/03/2016 #PENDING

27 16/0249

14 Albert Street Mittagong NSW

2575 Lot 16 Sec 8 DP 1289

CM Profilio Alterations and


30/03/2016 #PENDING

28 16/0250 79 Alice Avenue


AF Reekie, S Reekie

Outbuildings (Inground Pool)

30/03/2016 #PENDING

29 16/0251 32-34 Rose Street Bowral NSW 2576 Lot 17 DP 1116340

NB Joffe Alterations and


31/03/2016 #PENDING




Page | 54

Application


Date Lodged


Date

Weekly Circular

30 16/0253

12 Bradman Avenue Bowral NSW 2576 Lot A

DP 354399

Vild, Vild

Outbuildings (Studio and carport)

31/03/2016 #PENDING

31 16/0254

67 Regent Street Mittagong NSW 2575 Lot A DP

341636 Lot B DP 341636

Rafson Properties Pty

Limited

Medium Density Residential

Development (10 Town Houses)

31/03/2016 #PENDING

32 16/0256

Mittagong Primary School 19 Pioneer Street Mittagong NSW 2575 Lots 1-21 Sec 9 DP 1289

Department Of Education


33 16/0257

13 Brewster Street Mittagong NSW 2575 Lot 30 DP

9299

Nijon Pty Ltd

Cluster Houses- Multi Dwelling Development - Demolition of

existing structures, incl 2 lot subdivision,

erection of multi dwelling

development on each lot and strata

subdivision

31/03/2016 #PENDING

34 16/0259

585 Moss Vale Road Burradoo

NSW 2576 Lot 13 DP 734353

ME Rinaldi, GC Rinaldi


35 16/0260

Devonleigh Osborn Avenue


600030

Ruglan Holdings Pty

Ltd

Alterations and additions to function

venue 01/04/2016 #PENDING

36 16/0262

55 Cumberteen Street Hill Top

NSW 2575 Lots 27-29 Sec 52 DP 1384

NL Ellick Outbuildings

(Garage) 01/04/2016 #PENDING

37 16/0264

26 Leopold Street Mittagong NSW 2575 Lot 2 DP

859143

Harrob2 Pty Limited

Two lot strata subdivision

01/04/2016 #PENDING

38 16/0265

11 Spring Street Mittagong NSW

2575 Lot 5 Sec 22 DP 111201

DM Leneve, ED Leneve



39 16/0266

3/1D Victor Crescent Moss


NW Butcher, LP Butcher





Page | 55

Application


Date Lodged


Date

Weekly Circular

40 16/0267

Peppermint Cottage 28 Middle Road Exeter NSW

2579 Lot 1 DP 856583

NA Fenelon, TSP Da Silva



41 16/0268

460 Kangaloon Road Bowral NSW

2576 Lot 22 DP 792646

Bong Bong Picnic Race

Club Ltd

Temporary Event - Home and Garden

Show 10-11 September 2016

04/04/2016 #PENDING

42 16/0269


1213476

MYR Ben Soussan,

LE Ben Soussan New Dwelling 04/04/2016 #PENDING

43 16/0270

12 Barrengarry Street Robertson

NSW 2577 Lot 204 DP 1186259

AK Hinton, SJ Hinton

Outbuildings (Shed & Awning)

04/04/2016 #PENDING

44 16/0272

5D Hazelton Drive Moss Vale NSW 2577 Lot 5 DP

1214570

PJ Glanville, JP Glanville


45 16/0273

22 Jasmine Street Colo Vale NSW

2575 Lot 23 Sec 17 DP 2944

AG ChannelL New Dwelling 05/04/2016 #PENDING

46 16/0274

2/184 Bong Bong Street Bowral NSW

2576 Lot 46 S/P 88855

PJ Burt Offices 05/04/2016 #PENDING

47 16/0275

53 Wattle Street Colo Vale NSW 2575 Lot 41 DP

1212653

DS Murray, CDR Murray

Outbuildings (Carport)

05/04/2016 #PENDING

48 16/0276

25 Bumballa Road Wingello NSW 2579 Lot 1 DP

827082

CM Sewell Outbuildings

(Garage) 05/04/2016 #PENDING

49 16/0277

Springfields 546 Range Road

Mittagong NSW 2575 Lot 4 DP

787900

MA Baxter Single Burial area on

private land 05/04/2016 #PENDING

50 16/0278

2555 Old Hume Highway

Woodlands NSW 2575 Lot 2 DP

1088232 Lot 3 DP 1088232

AC Arnold, GT Arnold

Consolidation of 2 lots and secondary

dwelling 05/04/2016 #PENDING

51 16/0279 26 Kimberley Drive Bowral NSW 2576 Lot 9 DP 1019330

RV Green, H Green





Page | 56

Application


Date Lodged


Date

Weekly Circular

52 16/0281

80 Ferndale Road Bundanoon NSW 2578 Lots 14-19

DP 8812 & Lots 20-25 DP 9134

ET Hayman Outbuildings (Shed) 06/04/2016 #PENDING

53 16/0283

140 Devon Road Exeter NSW 2579

Lot 612 DP 1203323

SH Murchie, JA Murchie


54 16/0284

58 Yean Street Burradoo NSW 2576 Lot 6 DP

1195139

DA Coleman Outbuildings

(Pergola) 06/04/2016 #PENDING

55 16/0285


1213476

RI James, PL James


56 16/0286

49 Holly Street Bowral NSW 2576

Lot 20 Sec F DP 979526

CP Baker New Dwelling 08/04/2016 #PENDING

57 16/0287

106-110 Shepherd Street Bowral NSW

2576 Lot 38 DP 83525

Lot 39 DP 83525 Lot 40 DP 83525

L Oxley, CA McGlynn



58 16/0288

93 Shepherd Street Bowral NSW

2576 Lot 51 DP 871101

PM Wray, AW Wray

Outbuildings (Garage)

08/04/2016 #PENDING

59 16/0289

7A North Street Moss Vale NSW 2577 Lot 1 DP

1112517

MM Jones Outbuildings (Deck,

Pergola & Shed) 08/04/2016 #PENDING

60 16/0290

1 James Taunton Drive Moss Vale

NSW 2577 Lot 14 DP 874136

KS Campbell, C Campbell


61 16/0291

2-6 Old Hume Highway Braemar NSW 2575 Lot 6

DP 774604

McDonald Jones Homes

Pty Ltd

Business Identification Sign

11/04/2016 #PENDING

62 16/0292 16 Una Street


JP McGrath, CV McGrath


63 16/0293

3 Emerald Court Colo Vale NSW 2575 Lot 15 DP

1212335

KL Goode, CJ Goode





Page | 57

Application


Date Lodged


Date

Weekly Circular

64 16/0297

Old Mandemar Road Berrima NSW

2577 Lot 1 DP 814053

LD Covington, GJ Covington


65 16/0298

18 Bumballa Road Wingello NSW 2579 Lot 6 DP

1122036

BJ Johnston New Dwelling 13/04/2016 #PENDING

66 16/0299

96 Main Street Mittagong NSW 2575 Lot 5 Sec 2

DP 1289

Range Pastoral Co Pty Ltd

Strata Title 6 sections (4

commercial, 2 residential)

13/04/2016 #PENDING

67 16/0300

45 Balaclava Street Balaclava NSW 2575 Lot 15 DP

1217850

Paloma Blanca Pastoral Pty Ltd

Boundary Adjustment

13/04/2016 #PENDING

68 16/0301

11 Rose Street Bowral NSW 2576

Lot 3 DP 81405 Lot B DP 338185

JP Mulquiney, FE Mulquiney



69 16/0303

59-65 Berrima Road Moss Vale NSW 2577 Lot 7

DP 1129996

Konui Pty Limited

Offices 14/04/2016 #PENDING

70 16/0304

18 Arthur Street Moss Vale NSW 2577 Lot 1 DP

782707

PD Campbell, JM Campbell



71 16/0305 22 Fairway Drive


PL Webb, LE Webb

Secondary Dwelling 15/04/2016 #PENDING

72 16/0306 79 Middle Road


GW May Alterations and


15/04/2016 #PENDING

73 16/0307

58 Yean Street Burradoo NSW 2576 Lot 6 DP

1195139

DA Coleman Alterations and


15/04/2016 #PENDING

74 16/0308

56 May Street Robertson NSW 2577 Lot 4 DP

1061317

KM McCartney, RF Clowes



75 16/0309

1 Rocky Waterholes Road

Hill Top NSW 2575 Lot 2 DP 740694

P Jordan, AM Jordan



76 16/0311

5 Church Street Burrawang NSW

2577 Lot 2 DP 634024

SA Duffy, RJ Duffy





Page | 58

Application


Date Lodged


Date

Weekly Circular

77 16/0312

3/553-555 Argyle Street Moss Vale NSW 2577 Lot 3

S/P 78430

Nanma Pty Ltd Alterations and


15/04/2016 #PENDING

78 16/0313

1 James Taunton Drive Moss Vale

NSW 2577 Lot 14 DP 874136

KS Campbell, C Campbell



79 16/0315

Osborne Road Burradoo NSW 2576 Lot 35 DP

1045511

BC Economos, A Economos


80 16/0316

16 Narellan Road Moss Vale NSW 2577 Lot 5 DP

788880

TM Benardos Alterations and


18/04/2016 #PENDING

81 16/0317

1 Kamilaroi Crescent Braemar NSW 2575 Lot 101

DP 1204085

Levie Pty Limited


82 16/0318

2 Reservoir Street Mittagong NSW 2575 Lot 53 DP

739512

L Gaulton Alterations and


18/04/2016 #PENDING

83 16/0319

21 Roe Street Moss Vale NSW 2577 Lot 217 DP

258240

AD McAfee, J Luo


84 16/0320

7B Prince Street Mittagong NSW 2575 Lot 1 DP

1213371

KA Lennon New Dwelling 19/04/2016 #PENDING

85 16/0321

2589 Old Hume Highway

Woodlands NSW 2575 Lot 1 DP

1191510

SE Hick, RL Hick, L Hick,

LLO Hick


86 16/0323

64 Vandenberg Road Robertson NSW 2577 Lot 1

DP 1023858

RJ Allen, M Allen


87 16/0324

299 Oldbury Road Sutton Forest NSW

2577 Lot 2 DP 867224

RT Frost, JLH Frost

Civil Works Earthworks

Drainage- Sunken Garden

20/04/2016 #PENDING

88 16/0325

16 Valetta Street Moss Vale NSW 2577 Lot 101 DP

1068472

PF Roodenrys, CR Roodenrys





Page | 59

Application


Date Lodged


Date

Weekly Circular

89 16/0326 85 Devon Road


S Lillyman, GD Mackay


90 16/0327

6 Faraday Street Mittagong NSW 2575 Lot 6 DP

584926

SDV Cuerden, CE Cuerden

Dual Occupancy 20/04/2016 #PENDING

91 16/0330 17 Denison Street Hill Top NSW 2575 Lot 14 DP 1070147

GW Starling, SL Whitton-

Starling

Outbuildings- Inground Swimming

Pool 21/04/2016 #PENDING

92 16/0331

50 Mackellar Circuit Renwick NSW 2575 Lot

6104 DP 1195222

G Grasso, A Grasso


93 16/0332


1213476

WJ Fazel New Dwelling 21/04/2016 #PENDING

94 16/0333

16 Southey Street Mittagong NSW 2575 Lot 2 DP

1213476

S Ayoub, N Ayoub


95 16/0334

74 Tyndall Street Mittagong NSW 2575 Lot 901 DP

615174

LE Peters Boundary

Adjustment 21/04/2016 #PENDING

96 16/0335

16 Queen Street Mittagong NSW 2575 Lot 1 DP

326480

JA Lemann Alterations and


21/04/2016 #PENDING

97 16/0338

411 Old South Road Mittagong NSW 2575 Lot 1

DP 1201343

MTG Nominee Pty Limited


98 LUA08/0340

.02

2 Nari Circuit Moss Vale NSW 2577 Lot

15 DP 263854 MB Adams


(Removal of deck) 19/04/2016 #PENDING

99 LUA09/0881

.03

Ringwood Lane Exeter NSW 2579

Lot 3 DP 8812 Lot 1 DP 183599

Lot 6 DP 1183141

AA Barnes Section 96

Modification (Access alteration for Lot 8)

08/04/2016 #PENDING

100 LUA11/0724

.03


2578 Lot 1 DP 1071067

R.G. Capital (Australia) Pty

Limited


(Addition of sewer pump station)

08/04/2016 #PENDING

101 LUA12/0045

.02

12 Anne Street Mittagong NSW 2575 Lot 5 Sec 8

DP 111201

S Karan, Ann Property

Investment Pty Ltd


(Change from deck to roofed alfresco)

18/04/2016 #PENDING




Page | 60

Application


Date Lodged


Date

Weekly Circular

102 LUA12/0229

.02

29 Links Road Burradoo NSW 2576 Lot 24 DP

9084

KG Gillott Section 96

Modification (Revert to original access)

08/04/2016 #PENDING

103 LUA12/0380

.05

71-73 Old Hume Highway Braemar NSW 2575 Lot 2

DP 607486

Feldkirchen Pty Limited


(Amend lot numbers for staged release)

13/04/2016 #PENDING

104 LUA13/0377

.02

26-28 Bumballa Road Wingello

NSW 2579 Lot 51 DP 1172822

RL Davidson


(Internal boundary change)

23/03/2016 #PENDING

104

Total Applications Received:




Page | 61

ATTACHMENTS





Page | 62

13.3 Council Poll 2016

Reference: 105 Report Author: Integrated Planning & Reporting Coordinator Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure important decisions are made on the basis of how

they meet our goals

PURPOSE To report back to Council on research into conducting a Council Poll in relation to coal mining at the 10 September 2016 Council election.

RECOMMENDATION THAT Council determine if the Council Poll in relation to coal mining will proceed in conjunction with the 2016 Council election.

REPORT

BACKGROUND

At its meeting on 23 March 2016 Council resolved as follows (MN 104/16):

1. THAT in relation to coal mining in the Shire Council staff investigate the costs involved and the range of community engagement required to conduct a community poll at the next Council election to be held on 10 September 2016 AND THAT an Information Session be held for Councillors in relation to the matter.

2. THAT in relation to coal mining in the Shire, Council undertakes to consider a community poll at the next Council election on 10 September 2016 asking the question regarding coal mining in the Shire of the whole of the 33,000 voting ratepayers in the Shire.

Under Section 14 of the Local Government Act 1993 “A council may take a poll of electors for its information and guidance on any matter.”

REPORT

On 13 April 2016 a Councillor Briefing session was undertaken to provide an overview of investigations into conducting a Council Poll. It was outlined at this briefing session that the estimated cost of undertaking the Council Poll is $40,000; this includes the required community awareness campaign and additional cost for NSW Electoral Commission to undertake the Council Poll in conjunction with the election. During the briefing session councillors were advised that the community awareness program would need to include, as a minimum:

Development of documentation highlighting the ‘Yes’ and ‘No’ positions




Page | 63

Advertising campaign

Provision of information throughout the Shire.

Council has been advised that the NSW Electoral Commission would require final wording of the Council Poll question no later than 15 June 2016.


There will be no impact on Council’s Fit for the Future Improvement Proposal.

CONSULTATION


N/A


Councillors

Executive


NSW Electoral Commission

Office of Local Government


Environment


Social




Culture


Governance

Under Section 14 of the Local Government Act 1993 “A council may take a poll of electors for its information and guidance on any matter.”




Page | 64


The estimated cost of undertaking a Council Poll at the 2016 Council election is $40,000. This additional cost is not included in the draft Budget 2016-17.


N/A

OPTIONS

The option available to Council is to determine if a Council Poll on coal mining should proceed as a part of the 2016 council election.

Should Council wish to proceed with a Council Poll in conjunction with the 2016 Local Government Election it could pass the following resolution:

1 That Council conduct a Community Poll in conjunction with the 2016 Local Government Election seeking the community’s views on support for coal mining in the Shire.

2 That Council advise the NSW Electoral Commission of its intent to conduct a Community Poll in conjunction with the 2016 Local Government Election and request the Commission conduct that poll on behalf of Council; and that

3 That the request for the $40,000 required to fund the Poll be referred to the Finance Committee Meeting on Wednesday, 18 May 2016.

In the alternative, should Council not wish to proceed with the proposed Council Poll, Council could pass the following resolution:

That Council not proceed with a Community Poll in conjunction with the 2016 Local Government Election seeking the community’s views on support for coal mining in the Shire.

CONCLUSION

In response to the Council resolution on 23 March 2016 research regarding a Council Poll has been undertaken and Council has been briefed on this matter.

ATTACHMENTS





Page | 65

13.4 Election of Board of Directors - Local Government and Shires Association of NSW

Reference: 203/6 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Reporting on the Election of Board of Directors to the Local Government and Shires Association of NSW.

RECOMMENDATION THAT Council nominates the following Councillors to vote for the Board of Directors to the Local Government and Shires Association of NSW: (a) Clr _________________ (b) Clr _________________ (c) Clr _________________

REPORT

BACKGROUND

At the 2015 LGNSW Annual Conference there was an error that created an irregularity in the voting on Board Membership. As a result of that error the matter was referred to the Federal Court of Australia (the Court) and on 29 March 2016 the Court made an order declaring the election of 13 persons on the Board of Directors void.

REPORT

A new election will now be held. The voting will be conducted by secret postal ballot and Wingecarribee Shire Council which is an ‘Ordinary Member’ of the Association must provide the name and postal address of three (3) voting delegates to the Association by 12:00 noon Thursday 2 June 2016. The nomination of voting delegates must be made by Ordinary Members of the Association.

While it is the case that voting delegates must be Councillors of a Council which is an Ordinary Member of the Association, it is the Ordinary Member that nominates the voting delegates and the nominations are to be made online using the nomination form. Finally,




Page | 66

LGNSW has advised that nominated voting delegates do not need to be the same delegates as were nominated in the Board election conducted in October 2015 (Clrs Whipper, Arkwright and Scandrett).

Vacant Positions are:

Vice President (Regional/Rural Council)

Six (6) Directors (Regional/Rural Council)

Vice President (Metropolitan/Urban Council)

Five (5) Directors (Metropolitan/Urban Council)


There will be no impact on Fit for the Future Proposal.

CONSULTATION


N/A

Internal Consultation General Manager Group Manager Corporate and Community


N/A


Environment


Social




Culture


Governance

This report seeks Council’s nomination of three (3) Council delegates to vote for the Board of Directors of the Local Government and Shires Association of NSW.




Page | 67


There are no Council Budget Implications in relation to this matter.


N/A

OPTIONS

The option available to Council is to nominate three (3) Council delegates to vote for the Board of Directors of the Local Government and Shires Association of NSW.

CONCLUSION

At the 2015 LGNSW Annual Conference there was an error that created an irregularity in the voting on Board Membership. As a result of that error the matter was referred to the Federal Court of Australia (the Court) and on 29 March 2016 the Court made an order declaring the election of 13 persons on the Board of Directors void.

ATTACHMENTS





Page | 68

13.5 Sponsorship of the 2016 Southern Highlands Careers Expo

Reference: 1855/30 Report Author: Deputy General Manager Corporate, Strategy &

Development Services Authoriser: Deputy General Manager Corporate, Strategy &

Development Services Link to Corporate Plan: Encourage school leavers to remain in the Shire by

developing effective ‘Transition to Work’ programs

PURPOSE The purpose of this report is to seek Council’s approval to sponsor the annual Southern Highlands Careers Expo for 2016.

RECOMMENDATION THAT Council provides sponsorship of $2,500 as a Silver Sponsor of the 2016 Annual Southern Highlands Careers Expo AND THAT the funds be drawn from the Contingency Fund.

REPORT

BACKGROUND Council’s Deputy General Manager Corporate, Strategy & Development Services is in receipt of an email from the Chair of the Southern Highlands Chamber of Commerce & Industry (SHCCI) inviting Council to sponsor the 2016 Southern Highlands Careers Expo. The SHCCI took over the running of the Careers Expo from the Manufacturers Cluster in 2015. The 2016 Southern Highlands Careers Expo will take place on 26 May 2016 at Mittagong RSL.

Wingecarribee Shire Council has for a number of years been a participant in the Careers Expo by running a stand. In 2015 Council booked and paid for a stand for the 2015 Expo costing $700 and then resolved to sponsor the event an additional $1000. For 2016, it is proposed that Council become a Silver Sponsor for the Expo which includes an exhibitor’s booth, Council’s logo on the Chamber’s social media and acknowledgement through promotional material. The cost of the Silver Sponsor is $2,500.


This matter has no impact on Council’s Fit for the Future Proposal Outcomes.




Page | 69

CONSULTATION


No community engagement required.


No internal consultation required.


No external consultation required.


Environment


Social

The continuation of programs and events which promote employment opportunities in the Wingecarribee Shire is important for the social wellbeing of the residents particularly the younger population. The Careers Expo provides an opportunity for young people to be aware and prepare for job opportunities once they leave school.


The Careers Expo enables local employers to engage with young people in the Shire who may one day become employees of local businesses. The continuation of the local businesses is important in terms of maintaining a strong and vibrant economy.

Culture


Governance



Should Council agree to sponsor the 2016 Southern Highlands Careers Expo in the amount of $2,500.00, the Contingency Fund has been identified as an appropriate funding source. The contingency fund currently has a balance of $23,291.00, leaving a balance of $20,791.00.


The Sponsorship for the 2016 Careers Expo would be consistent with the Council’s Advertising and Sponsorship Policy.




Page | 70

OPTIONS


Option 1

Support the Sponsorship of $2,500 to the 2016 Careers Expo funded from the Contingency Fund.

Option 2

Support an alternative amount as a donation to the 2016 Careers Expo funded from the Contingency Fund.

Option 3

Council does not support the 2016 Careers Expo.


CONCLUSION

Council has a strong commitment through the Community Strategic Plan 2031+ to ensuring the Shire grows jobs into the future.

The donation of $2,500 towards the 2016 Careers Expo is therefore supported and commended to Council.

ATTACHMENTS





Page | 71

13.6 Appointment of Community Member to Fill Casual Vacancy on Arts and Culture Committee

Reference: 1660/1.1 Report Author: Acting Community Development Coordinator Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Foster community participation

PURPOSE To seek approval for the appointment of a community member to fill a casual vacancy on the Arts and Culture Committee.

RECOMMENDATION 1. THAT Ms Robyn Karakasch be invited to take up the casual vacancy on the Arts

and Culture Committee. 2. THAT the other applicants be advised and thanked for their continuing interest

in assisting on the Arts and Culture Committee.

REPORT

BACKGROUND In February 2016, the Arts and Culture Committee, accepted the resignation of one of the community members of the Committee, Ms Jessica Raschke.

REPORT As the resignation occurred within 12 months of the previous expression of interest process, applicants from that process were contacted to see if they were still interested and available. Four of those applicants still wished to be considered. The Committee Review Panel was convened on 22 April 2016 to review the applications and their recommendation was that Ms Robyn Karakasch be invited to fill the position.


This report and recommendation does not impact on Council’s Fit for the Future proposal.




Page | 72

CONSULTATION


Previous applicants contacted.


Nil required


Nil required


Environment


Social




Culture


Governance

The process followed the approved procedures for appointment of Committee members.


There are no budget implications arising from this report.


None identified

OPTIONS


Option 1

Appoint Ms Robyn Karakasch to fill the casual position on the Arts and Culture Committee.




Page | 73

Option 2

Not appoint Ms Robyn Karakasch to fill the casual position on the Arts and Culture Committee and further review previous expressions of interest.


CONCLUSION

Council procedures have been followed in making this recommendation to fill a casual vacancy on the Arts and Culture Committee.

ATTACHMENTS

There are no attachments to this report. Mark Pepping Deputy General Manager Corporate, Strategy & Development Services Friday 6 May 2016



REPORT GENERAL MANAGER

Page | 74

COUNCIL MATTERS

14 GENERAL MANAGER

14.1 Request for Leave of Absence - Clr Garry Turland

Reference: 101/1, Pers Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Reporting on a request from the Councillor Garry Turland for leave of absence.

RECOMMENDATION THAT Councillor Garry Turland be granted leave of absence from the Ordinary Meeting of Council to be held on Wednesday, 11 May 2016.

REPORT Councillor Garry Turland has written to Council on 4 May 2016 advising that he is seeking leave of absence from the Ordinary Meeting of Council to be held on Wednesday, 11 May 2016, for personal reasons.


Not applicable


Environment


Social






REPORT GENERAL MANAGER

Page | 75

Culture


Governance

The Local Government (General) Regulation 2005 – Section 235A Leave of Absence – states as follows:-

(1) A Councillor’s application for leave of absence from Council meetings should, if practicable, identify (by date) the meetings from which the Councillor intends to be absent.

(2) A Councillor who intends to attend a council meeting despite having been granted leave of absence should, if practicable, give the general manager at least 2 days’ notice of his or her intention to attend.


There are no Budget implications in relation to this request.


None identified.

OPTIONS


Option 1

Grant the leave of absence.

Option 2

Do not grant leave of absence.


CONCLUSION

That Councillor Garry Turland be granted the requested leave of absence.

ATTACHMENTS


Ann Prendergast General Manager Friday 6 May 2016



COMMITTEE REPORTS

Page | 76

18 COMMITTEE REPORTS

18.1 Management and Advisory Committee Reports

Reference: 107/1 Report Author: S355 Committee Coordinator Authoriser: Manager Assets Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE

This report provides the Minutes of the following Committee Meetings, copies of which will be tabled for information:

1. Canyonleigh Hall Management Committee held on Tuesday, 16 February 2016. 2. Mittagong Community Centre Management Committee held on Thursday, 18 February

2016. 3. Mittagong Community Centre Management Committee Extraordinary held on

Thursday, 3 March 2016. 4. Mittagong Memorial Hall/Welby Hall Management Committee held on Thursday,

3 March 2016. 5. Hampden Park Management Committee held on Tuesday, 15 March 2016. 6. Hill Top Community Centre Committee held on Thursday, 17 March 2016. 7. East Bowral Community Centre Management Committee held on Tuesday, 22 March

2016. 8. Exeter Park Management Committee held on Monday, 4 April 2016.

RECOMMENDATION THAT the information contained in the following Committee Reports be noted: 1. Canyonleigh Hall Management Committee held on Tuesday, 16 February 2016. 2. Mittagong Community Centre Management Committee held on Thursday,

18 February 2016. 3. Mittagong Community Centre Management Committee Extraordinary held on

Thursday, 3 March 2016. 4. Mittagong Memorial Hall/Welby Hall Management Committee held on Thursday,

3 March 2016. 5. Hampden Park Management Committee held on Tuesday, 15 March 2016. 6. Hill Top Community Centre Committee held on Thursday, 17 March 2016. 7. East Bowral Community Centre Management Committee held on Tuesday,

22 March 2016. 8. Exeter Park Management Committee held on Monday, 4 April 2016.

ATTACHMENTS




QUESTIONS WITH NOTICE

Page | 77

19 QUESTIONS WITH NOTICE

19.1 Question with Notice 06/2016 - Traffic Signals at the Intersection of Lackey Road and Argyle Street, Moss Vale

Reference: 101/2, 3369, 8025 1010 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


To: General Manager

From: Clr Duncan Gair

Received: 28 April 2016

Subject: Traffic Signals at the Intersection of Lackey Road and Argyle Street, Moss Vale

Question: Can the Traffic Committee give an indication on the costing of traffic signals at the intersection of Lackey Road and Argyle Street, Moss Vale and if there is any possibility of funds being available from the RMS or Black Spot Funding.

Response: Argyle Street (Illawarra Highway - HW25) is a state road managed by the Roads and Maritime Services (RMS). The RMS is also the authority for traffic signals. Rather than reporting the matter to the Local Traffic Committee, the RMS requests that matters relating to state roads and traffic signals be referred directly to them. There has been one non-injury crash at the junction in the five years to Dec 2014 and hence the junction is not eligible for Black Spot funding. It is recommended that Council approach the RMS (at a high level) to determine what plans the RMS has for the junction of Lackey Road and Argyle Street in Moss Vale, taking into consideration the redevelopment of the land on the southern corner of Lackey Road and Argyle Street.



QUESTIONS WITH NOTICE

Page | 78

RECOMMENDATION THAT Council approach the Roads & Maritime Services (RMS) (at a high level) to determine what plans the RMS has for the junction of Lackey Road and Argyle Street in Moss Vale, taking into consideration the redevelopment of the land on the southern corner of Lackey Road and Argyle Street.



NOTICES OF MOTION

Page | 79

20 NOTICES OF MOTION

20.1 Notice of Rescission of Motion 03/2016 - Notice of Motion 07/2016 - Review of the Use of the Temporary Use Clause



PURPOSE Councillors Ian Scandrett, Garry Turland and Holly Campbell have given notice that it is their intention to move the following motion at the Ordinary Meeting of Council on 11 May 2016: THAT the motion passed by Council on 27 April 2016, being Item No 20.2 – Notice of Motion 07/2016 – Review of the Use of the Temporary Use Clause – Minute Number 202/16 be rescinded.

RECOMMENDATION

Submitted for determination.

Should the above motion of rescission be carried, we hereby give notice of our intention to move the following motion:

THAT a workshop be held on the temporary use clause AND THAT the public be invited to attend.



NOTICES OF MOTION

Page | 80

20.2 Notice of Motion 08/2016 - Bicycles for Change Program



PURPOSE Councillor Clr Jim Clark has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 11 May 2016: THAT Council donate an amount of $1,000.00 towards the Bicycles for Change Program to assist with associated shipping cost of sending bicycles overseas AND THAT the funds be drawn from the Contingency Fund.

RECOMMENDATION


Preamble Bicycles for Change recover unwanted and used bicycles from the waste stream. They recover and refurbish bicycles and ship them overseas for use in third world countries. The not for profit group is based in the Wingecarribee Shire and work out of the Resource Recovery Centre. They are facing increasing shipping costs and these donated funds would assist with the transportation of the reconditioned bikes to countries such as Africa. Comment from Staff It is noted that the current balance of the Contingency Fund is $23,291.00 but that is subject to the report regarding Sponsorship of the 2016 Southern Highlands Careers Expo, which forms part of this Agenda.



NOTICES OF MOTION

Page | 81

20.3 Notice of Motion 09/2016 - Pecuniary Interest Register

Reference: 100/4,101/3 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Councillor Ian Scandrett has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 11 May 2016: 1. THAT the statements by Councillors be published on line on Council’s website. 2. THAT the previous statements by Councillors be also published online under an

annual archive system as Councillor expenses are.

RECOMMENDATION


COMMENT FROM STAFF In relation to returns disclosing interests of Councillors, Section 449(1) of the Local Government Act 1993 states: (1) A councillor or designated person must complete and lodge with the general manager,

within 3 months after becoming a councillor or designated person, a return in the form prescribed by the regulations.

In relation to the keeping of a register and tabling of returns, Section 450A(1) and (2) of the Local Government Act 1993 states: (1) The general manager must keep a register of returns required to be lodged with the

general manager under section 449. (2) Returns required to be lodged with the general manager under section 449 must be

tabled at a meeting of the council, being: (a) in the case of a return lodged in accordance with section 449 (1)-the first

meeting held after the last day for lodgement under that subsection, or (b) in the case of a return lodged in accordance with section 449 (3)-the first

meeting held after the last day for lodgement under that subsection, or



NOTICES OF MOTION

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(c) in the case of a return otherwise lodged with the general manager-the first meeting after lodgement.

Also relevant are provisions in the Government Information (Public Access) Act 2009 (the GIPA Act) and the Government Information (Public Access) Regulation 2009 (the GIPA Regulation. The GIPA Regulation prescribes at Clause (1)(2)(a) that open access information includes: (a) returns of the interests of councillors, designated persons and delegates. In relation to how open access information should be made available, Section 6(2) of the GIPA Act states: (2) Open access information is to be made publicly available free of charge on a website

maintained by the agency (unless to do so would impose unreasonable additional costs on the agency) and can be made publicly available in any other way that the agency considers appropriate.



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20.4 Notice of Motion 10/2016 - Councillor Attendance Sheets

Reference: 100/4, 100/1 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Councillor Ian Scandrett has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 11 May 2016: 1. THAT staff prepare the Councillor Council Meeting Attendance records for the

periods 2009/2012 and 2012/2014 and add this to the existing Councillors’ attendance report (as per Clr Gair’s question last month).

2. THAT the table of Councillor Attendance records be published on the Council

website and updated after each meeting at the same time the Minutes are published AND THAT the report file name should be renamed each time to reflect this and archived.

RECOMMENDATION


Preamble Clr Gair’s report request did not cover the whole term nor provide a permanent record which this Notice of Motion does.

Ann Prendergast General Manager Friday 6 May 2016

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