ordinary meeting minutes 17 april 2019...page 4 dungog shire council ordinary meeting minutes 17...

DUNGOG SHIRE COUNCIL

DRAFT

ORDINARY MEETING

MINUTES

17 APRIL 2019

Dungog Shire Council Ordinary Meeting Minutes 17 April 2019

TABLE OF CONTENTS MAYORAL MINUTE Nil PLANNING DEPARTMENT

1. Development Application – 37/2018 – Deferred 2. Dungog Local Infrastructure Contributions Plan 2019 3. Development Application – 192/2018 4. Modification of Development Application – 109/2014 5. Modification of Development Application – 1/2016 6. Development Applications – Delegated Authority ENVIRONMENTAL SERVICES DEPARTMENT

1. Dungog Early Flood Warning System – Final Design Concept INFRASTRUCTURE & ASSETS DEPARTMENT

1. Draft Boating Facilities Requirements Study – Paterson and Allyn Rivers 2. Works Progress Report CORPORATE SERVICES DEPARTMENT

1. Clarence Town Courthouse Museum 2. Statement of Investments 3. Works Cost Statement 4. Councillors Travelling & Other Expenses GENERAL MANAGER

1. NSW Office of Local Government Circulars 2. Resolutions Tracking Report 2019 3. Closed Council 4. Williams River Holiday Park (Late Report) COMMITTEES AND OUTSIDE ORGANISATIONS

1. Council’s Management Committee Meeting Minutes 2. Traffic and Road Safety Committee COUNCILLOR REPORTS

Nil

NOTICES OF MOTION

Nil

QUESTIONS ON NOTICE

Nil

CONFIDENTIAL SECTION

INFRASTRUCTURE & ASSETS DEPARTMENT 1. John Tucker Park Amenities and BBQ – Tender 01/2019


GENERAL MANAGER 1. Proposed Sale of Land – Lots 21 & 22, DP 1057004, Paterson

COMPLIMENTS Minutes of Ordinary Meeting 20 March 2019


Meeting commenced at 6.00 pm. PRESENT: Councillors T Norman, D Rayward, J Connors, G Riley, R Booth and K Murphy.

OFFICERS IN ATTENDANCE:, C Nichols, General Manager, S Chandler, Executive Manager Corporate Services, S Hitchens, Executive Manager Infrastructure & Assets, J Tupper, Manager Planning and P Minett, Manager Environmental Services.

ACKNOWLEDGEMENT OF COUNTRY: Delivered by Mayor T Norman.

APOLOGIES: Councillors J Lyon and G Wall. LEAVE OF ABSENCE: Councillor S Low AM DECLARATION OF INTERESTS: Mayor T Norman declared a non-pecuniary, less than significant interest in Manager Planning’s Report No. 3. CONFIRMATION OF MINUTES: COUNCIL RESOLUTION 38007 That the minutes of the Ordinary Council Meeting held on 20 March 2019 be

confirmed. Moved Cr R Booth, Seconded Cr K Murphy.

Carried. MATTERS ARISING: Nil

The Prayer was delivered by Ms Lillian Crossman.

The Ode was delivered by Mayor T Norman.


##### MOTION 38008 That the Order of Council business be suspended to allow members of the

public to address Council. Moved Cr D Rayward Seconded Cr K Murphy

Carried. The Order of Council business was suspended at 6.04 pm.

Cameron Archer – gave an update on the activities of Dungog Regional Tourism. Richard Bennett – spoke against the recommendation of Manager Planning’s report 1. Mrs C Easdown – spoke against the recommendation of Manager Planning’s report 5 Richard Bennett – spoke against the recommendation of Manager Planning’s report 5. Brian Farmer – spoke on Corporate Services report 1. MOTION 38009 That Council resume the Order of Council business.

Moved Cr K Murphy Seconded Cr R Booth

Carried. The Order of Council business resumed at 6.27 pm.

#####


PLANNING DEPARTMENT REPORTS

OFFICERS RECOMMENDATION: Refusal of development application subject to conditions as set out in Annexure ‘A’.

Precis: An application for consent to construct an Earthen Mound for a Cattle Refuge in Flood Time- Stock Holding Yard (DA 37/2018) was lodged with Council on 23 March 2018.

*********** MOTION 38010 That the report be deferred to allow additional information to be accessed by

Council staff prior to determination. Moved Crs J Connors Seconded Cr R Booth

Carried.

The Mayor in accordance with Section 375A of the Local Government Act called for a Division. The Division resulted in 5 for 1 against as follows:

For: Crs Rayward, Connors, Riley, Booth, Murphy. Against: Cr Norman.

1.

DEVELOPMENT APPLICATION – 37/2018 - DEFERRED FLOOD REFUGE MOUND FOR STOCK HOLDING YARD LOT 3 DP251382, 135 MARTINS CREEK ROAD, PATERSON

FILE NO: DA 37/2018

ANNEXURES: A Proposed Conditions of Refusal

ATTACHMENTS: 1 Applicant’s Submissions

AUTHOR: Garry Warnes, Town Planner

APPLICANT: Hill Top Planners Pty Ltd

OWNER: Mr Richard Green

PROPOSAL: Development Application 37/2018 Flood Refuge Mound for stock Holding Yard

LOCATION: Lot: 3 DP: 251382, 135 Martins Creek Road, Paterson

ZONE: Zone E3 Environmental Management


2. DUNGOG LOCAL INFRASTRUCTURE CONTRIBUTIONS PLAN 2019

FILE NO: EF07/55

ATTACHMENT: 1 Dungog Local Infrastructure Contributions Plan 2019

ANNEXURE: A Submissions to Council on the Draft Local Infrastructure Contributions Plan 2019

AUTHOR: Jacqui Tupper

COMMUNITY STRATEGIC PLAN:

Rural and Urban Development

DELIVERY PROGRAM: Strategy 1.6 – Review of Section 7.11 Plan

OFFICERS RECOMMENDATION: 1. Council adopts the Dungog Local Infrastructure Contributions Plan 2019 and it

becomes operational; 2. A notice be placed within the local news publication notifying the public of the

adoption of the Dungog Local Infrastructure Contributions Plan 2019; 3. Council repeals all former contributions plans adopted for Dungog Local Government

Area; 4. Council creates a Growth Infrastructure Fund to assist with co-funding of contributions

works; 5. That Council pools the funds collected under all previous contributions plans and

allocates the funds for the purposes shown in Table 1; and 6. Council delegates the review of any section 4.55 modification applications with

respect to development contributions to the General Manager. Precis: This report is to seek Council’s resolution to adopt the Dungog Local Infrastructure Contributions Plan 2019.

******* RESOLUTION 38011 1. Council adopts the Dungog Local Infrastructure Contributions Plan

2019 and it becomes operational; 2. A notice be placed within the local news publication notifying the public

of the adoption of the Dungog Local Infrastructure Contributions Plan 2019;

3. Council repeals all former contributions plans adopted for Dungog

Local Government Area; 4. Council creates a Growth Infrastructure Fund to assist with co-funding

of contributions works;


5. That Council pools the funds collected under all previous contributions plans and allocates the funds for the purposes shown in Table 1; and

6. Council delegates the review of any section 4.55 modification

applications with respect to development contributions to the General Manager.

Moved: Cr G Riley, Seconded: Cr R Booth.

Carried.


For: Crs Norman, Rayward, Connors, Riley, Booth, Murphy


OFFICERS RECOMMENDATION: That the proposed dwelling at 2496 Salisbury Road, Salisbury be approved subject to the conditions listed (Annexure ‘A’).

Precis: The following report considers Development Application No. 192/2018 which seeks consent for the erection of a dwelling at 2496 Salisbury Road, Salisbury.

******** RESOLUTION 38012 That the proposed dwelling at 2496 Salisbury Road, Salisbury be approved

subject to the conditions listed (Annexure ‘A’). Moved: Cr K Murphy, Seconded: Cr D Rayward.

Carried.


For: Crs Norman, Rayward, Connors, Riley, Booth, Murphy.

3. DEVELOPMENT APPLICATION – 192/2018 PROPOSED DWELLING, 2496 SALISBURY ROAD SALISBURY.

FILE NO: DA 192/2018

ANNEXURES: A Conditions of Consent

B Development Plans

AUTHOR: Senior Building/Development Officer

APPLICANT: Bartlett Homes

OWNER/s: Mr G & Mrs M Burton

PROPOSAL: Construction of a new dwelling

LOCATION: LOT: 12 DP: 701461, 2496 Salisbury Road, SALISBURY.

ZONE: RU1 Primary Production


ANNEXURE ‘A’ Prescribed Conditions 1. The work must be carried out in accordance with the requirements of the Building Code of Australia. 2. In the case of residential building work for which the Home Building Act 1989 requires

there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

3. A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(i) showing the name, address and telephone number of the Principal Certifying Authority for the work, and

(ii) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

(iii) stating that unauthorised entry to the work site is prohibited.

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

4. Residential building work within the meaning of the Home Building Act 1989 must not

be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the council) has given the Council written notice of the following information:

(i)

in the case of work for which a principal contractor is required to be appointed:

a. the name and licence number of the principal contractor, and b. the name of the insurer by which the work is insured under Part 6 of that

Act,

(ii) in the case of work to be done by an owner-builder:

a. the name of the owner-builder, and b. if the owner-builder is required to hold an owner-builder permit under that

Act, the number of the owner-builder permit.

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under (d) becomes out of date, further work must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information.

5. If the development involves an excavation that extends below the level of the base of

the footings of a building on adjoining land, the person having the benefit of the development consent must, at the

a. protect and support the adjoining premises from possible damage from

excavation, and b. where necessary, underpin the adjoining premises to prevent any such

damage.


This does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

6. If the development requires a BASIX certificate, fulfilment of the commitments listed in

each relevant BASIX certificate. General 7. This development consent incorporates plans/and or documents referenced and stamped:

(a) Plans Reference:

Drawings prepared by: Barlett Homes Drawing No. Issue Name of Plan Date

N/A CC01-F Cover Sheet 15.03.2019 Page 1 of 13 CC01-F Site Plan 15.03.2019 Page 2 of 13 CC01-F Stormwater Plan 15.03.2019 Page 3 of 13 CC01-F Site Analysis Plan 15.03.2019 Page 4 of 13 CC01-F Floor Plan 15.03.2019 Page 5 of 13 CC01-F Slab Plan 15.03.2019 Page 6 of 13 CC01-F Roof Plan 15.03.2019 Page 7 of 13 CC01-F Elevation 15.03.2019 Page 8 of 13 CC01-F Elevation 15.03.2019 Page 9 of 13 CC01-F Section 15.03.2019 Page 10 of 13 CC01-F Electrical Plan 15.03.2019

(b) Document Reference:

Document Reference Author Date Statement of Environmental Effects

N/A Bartlett Homes N/A

BASIX Certificate 977744S Building Sustainability Assessments

21.11.2018

Assessor Certificate 14393 Building Sustainability Assessments

21.11.2018

8. The development shall be undertaken in accordance with the approved plans and any amendments in red by Council.

9. A drinking water supply with a minimum capacity of no less than 20, 000 liters shall be provided for domestic use in a association with the dwelling.

Note The drinking water storage tank may be combined with any required dedicated water supply provided for bushfire fighting purposes. The water storage shall be no less than the combined total of the drinking water supply and dedicate water supply required for fire fighting purposes. The lower portion of the water storage tank shall dedicated for fire fighting water supply only and be fitted with 65mm storz fitting and metal ball valve. The entire water storage tank shall be non flammable or shielded from the bushfire threat by way of a noncombustible barrier.

10. Roof water from the dwelling shall be conducted to the water storage tank in

accordance with the BASIX requirements. Any additional roof water and overflow from the water storage tank shall be connected to rubble stormwater absorption pit, having a cross sectional area of 600mm x 600mm and being one (1) metre long for every 25m2 of roof area.


Trenches to be located a minimum three (3) metres clear of any building or lot boundary. All roof water drainage works shall be undertaken in accordance with the Building Code of Australia (BCA) Part 3.5.2.

11. Colour and texture of the external materials of the dwelling house and rainwater tank

are to be chosen to ensure they blend into the natural surroundings. In this regard, non-reflective materials shall be used in all external finishes.

Bushfire 12. At the commencement of building works the property around the building shall be

managed as follows: • North for a distance of 50 metres (or to the boundary of the property) as

managed grassland; • East for a distance of 50 metres (or to the boundary of the property) as

managed grassland; • South for a distance of 50 metres (or to the boundary of the property) as

managed grassland • West for a distance of 50 metres (or to the boundary of the property) as

managed grassland, as outlined within section 4.1.3 and appendix 5 of Planning for Bush Fire Protection 2006 and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

13. Landscaping to the site is to comply with the principles of Appendix 5 of Planning for Bush Fire Protection 2006. 14. The property access is to provide safe access to/from the public road system for fire

fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following condition shall apply:

a) Property access roads shall comply with section 4.1.3 (2) of Planning for Bush

Fire Protection 2006. b) A minimum carriageway width of 4 metres is provided. c) A minimum vertical clearance of 6 metres to any overhanging obstruction,

including tree branches. 15. A 20,000 litre dedicated water supply tank (non flammable or shielded from the

threat) shall be provided for bushfire fire fighting purposes. The tank shall be fitted with 65mm storz fitting and metal ball valve installed in the tank for connection to local fire service appliances.

16. The applicant shall ensure that arrangements are made for the Principal Certifying Authority, Council or Private Certifier, to carry out STAGE INSPECTIONS

indicated as follows in bold.

Request for inspections may be made either by telephone or in person. Forty eight (48) hours notice must be given for inspections.

Applicants are required to nominate the relevant Construction Certificate Number and

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

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


(a) After stripping of topsoil from roads and fill areas, all Erosion & Sediment Control devices and Traffic Control signs shall be installed at this stage.

(b) After completion of road sub grade. (c) After placement of all water service conduits prior to backfilling. (d) After placement and compaction of each layer of gravel pavement material. (e) After laying and jointing of all stormwater drainage pipelines prior to

backfilling. (f) After laying and jointing of all water supply pipelines prior to backfilling. (g) After laying and jointing of all sewerage pipelines prior to backfilling. (h) During application of bitumen seal or asphaltic concrete wearing surface. (i) During pressure testing of all water supply pipelines. (j) During pressure testing of all sewerage pipelines. (k) During testing of sewer manholes. (l) After restoration and completion of all works. (m) After placement of all steel reinforcing in footpaths and driveways. (n) As otherwise required to confirm that the works are satisfactorily executed and

in conformity with environmental controls and conditions of Development Consent.

It should be noted that Council charge fees for inspections and Compliance Certificates. These inspection fees must be paid prior to release of the Construction Certificate associated with the Development Consent.

Prior to the issuing of a Construction Certificate 17. Prior to the commencement of building works an application for onsite effluent waste

water management shall be submitted to and approved by Dungog Council.

18. Prior to issue of a construction certificate a Roads Act application shall be submitted to and approved by council for: -

Construction of Rumbles Road from the end of the existing gravel formation to the proposed development site

Minimum 4m wide 150mm thick compacted gravel pavement Drainage works as required

All works shall be in accordance with the latest Auspec standards, NSW Rural Fire Service Planning for Bushfire Protection, and to the satisfaction of Council. Prior to preparation of any engineering design plans, the consultant preparing the design plans will need to contact Council’s Infrastructure & Assets department to discuss the extent and scope of all works and details required on the design plans. Some of the issues to be discussed and incorporated in the design plans include the following:

Location of passing bays. Erosion & sediment controls. Stormwater drainage. Pavement standards including carriageway widths etc. Vehicle access locations. Provision of Water & Sewer. Road widening. Standard of river/creek crossing detail. Earthworks details including quantities. Traffic control details. Restoration details.

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


Prior to Commencement of Works 19. Prior to commencement of building works where required a copy of the Home Owners

Warranty insurance or a copy of the Owner Builders permit, shall be submitted to council. Be advised NO INSPECTIONS will be undertaken until the required information is supplied to council where required.

20. Prior to the commencement of work for the construction of the dwelling, it will be

necessary to obtain a Construction Certificate. Where Council is not the Principal Certifying Authority (PCA), the proponent or private certifier shall submit a Construction Certificate to Council prior to building works commencing on the subject allotment.

During Construction 21. There is to be no construction and/or demolition works, including deliveries on or to

the site prior to 7.00 am or after 6.00 pm Monday to Friday, prior to 8.00 am and after 6.00 pm Saturday, and prior to 9.00 am and after 4.00 pm Sunday.

22. Approved toilet facilities are to be provided, at or in the vicinity of the work site on

which the work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every twenty (20) persons employed at the site. The provision of toilet facilities in accordance with the Clause must be completed before any other work is commenced.

23. A waste containment facility to Council's requirements is to be provided on the

building site immediately after the first concrete pour for the building and is to be regularly serviced.

Council and the Environmental Protection Authority may issue "on the spot" fines if breaches of the Environmental Offences and Penalties Act, are detected.

Note - your attention is drawn to your responsibility to control any litter arising from building works associated with this consent.

24. Measures shall be implemented to prevent vehicles tracking sediment, debris, soil

and other pollutants onto any road. 25. ALL EXCAVATED OR FILLED AREAS are to be BATTERED to a slope of not greater

than 45 degrees to the horizontal, or alternatively, be retained by a retaining wall. Where the height of the retaining wall exceeds 1000mm, duplicate copies of structural details, prepared by a practicing Structural Engineer, are to be submitted to and approved by the Principle Certifying Authority prior to their construction. All excavated and filled areas are to be drained to the satisfaction of Council

26. To minimise soil erosion during construction, the owner and builder shall ensure that the following measures are implemented in the sequence outlined:-

(i) A dish shaped diversion drain or similar structure will be constructed above

the proposed house site to divert run-off to a stable discharge area such as an area with a grass cover. (This diversion drain is to be lined with turf or otherwise stabilised if it erodes after rainfall).

(ii) A sediment trapping fence using a geotextile fabric specifically designed for such a purpose and installed to manufacturer's specifications is to be placed below the construction area (eg "silt stop").

(iii) Vegetation is to be cleared from the construction site only; other areas are to remain undisturbed.

(iv) Top soil from the construction site or builders sand is to be stockpiled in a location where it will not be eroded from the site, and is not to be stockpiled on the road reserve.

(v) All erosion control measures will require maintenance after rainfall. They should be retained until the site has fully revegetated.


(vi) If soil or other materials are spilt accidentally onto the road or gutter, they shall be removed prior to the completion of the day's work.

All erosion and sedimentation controls are to be installed in accordance with Council's erosion and sedimentation control policy and code of practice. Failure to implement and maintain all erosion and sedimentation control measures is a breach of the Protection of the Environment Operations Act 1997 and is liable to an on-the-spot fine.

27. ALL BUILDING MATERIALS, plant and equipment is to be placed ON THE

BUILDING SITE. Building materials, plant and equipment (including water closets), are not to be placed on footpaths, roadways, public reserves etc.

Prior to Issue of Occupation Certificate or Use of the building 28. The building shall NOT BE USED OR OCCUPIED until completed and conditions of

consent have been complied with and an Occupation Certificate has been issued. 29. Where Council is not the Principal Certifying Authority (PCA), an Occupation

Certificate shall be submitted to Council when the building works has been completed and prior to the Occupation of the building.

Note: If the Certificate is being issued by a Private Certifier the certificate is to be

lodged with Council not less than forty eight (48) hours prior to the occupation of the building/structure.

30. Prior to the issue on an Occupation Certificate or use of the structure for residential

purposes a satisfactory final inspection of the waste water treatment system shall be undertaken by Council.

31. Prior to the release of any occupation certificate arrangements shall be made with

council for the supply and erection of property identification number in accordance with council’s rural addressing program.

32. Prior to the release of any occupation certificate all roof water from the dwelling shall

be conducted to the water storage tank/s in accordance with the BASIX requirements, with the overflow storm water management system completed in accordance with the conditions of development consent.

Any additional roof water and overflow from the water storage tank/s is to be disposed of in manner so as not to create a nuisance to adjoining properties or to the sewage wastewater disposal area.

33. Prior to issue of an occupation certificate the developer shall construct an internal access road / driveway from Rumbles Road to the proposed dwelling. The driveway shall be constructed to a minimum 4m wide 100mm thick compacted gravel pavement in accordance with the latest Auspec standards, NSW Rural Fire Service Planning for Bushfire Protection, and to the satisfaction of Council.

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

34. Prior to the release of any occupation certificate all bushfire mitigation works shall be

completed.

Completed works shall be certified by the principle contractor verifying compliance with all listed requirements.

35. Prior to release any occupation certificate or use of the dwelling, the existing uninhabitable, dilapidated dwelling shall be demolished.


OFFICERS RECOMMENDATION: That should Council resolve to adopt the draft Local Infrastructure Contributions Plan that Condition 18 of the development consent be modified to impose a contribution of $10,100 per lot.

Precis: The following report considers an application under Section 4.55(1A) of the Environmental Planning and Assessment Act 1979 (EP&A Act) to modify development consent No 109/20146 for an eight (8) lot subdivision at No 136 and 152 Durham Road, Gresford. The modification seeks a reduction in Section 94 Contributions from $12,204.72 per lot to $5,551.00 per lot.

******** MOTION 38013 That as Council has resolved to adopt the draft Local Infrastructure

Contributions Plan that Condition 18 of the development consent be modified to impose a contribution of $10,100 per lot. Moved: Cr J Connors, Seconded: Cr K Murphy.

Carried.


For: Crs Norman, Rayward, Connors, Riley, Booth, Murphy.

4. MODIFICATION OF DEVELOPMENT APPLICATION – DA109/2014 EIGHT (8) LOT SUBDIVISION, NO 136 AND 152 DURHAM ROAD, GRESFORD

FILE NO: D109/2014

ANNEXURES: A Applicants Submission

B Approved Subdivision Plan

AUTHOR: Senior Town Planner/Development Officer

APPLICANT: Hilltop Planners

OWNER: Property Projects Pty Limited

PROPOSAL: Eight Lot Torrens Title Subdivision – Reduction of Section 94 Contributions

LOCATION: Lot 72 and 73 DP 629501, No 136 and 152 Durham Road, Gresford

ZONE: RU5 Village and E3 Environmental Management


OFFICERS RECOMMENDATION:

1. That the application be refused for the reasons included in Annexure ‘A’. 2. That should Council resolve to adopt the draft Local Infrastructure Contributions Plan that

condition 38 is modified to reduce the contribution to $10,100 per lot/dwelling entitlement in accordance with the adopted Plan.

Precis: The following report considers an application under Section 4.55(1A) of the Environmental Planning and Assessment Act 1979 (EP&A Act) to modify development consent No 1/2016 for a four (4) lot subdivision at 854 and 662 Webbers Creek Road Webbers Creek.

******** MOTION 38014 That the determination be deferred to facilitate the opportunity for a site visit by

Councillors and appropriate staff. Moved: Cr J Connors, Seconded: Cr R Booth.

Carried.


For: Crs Rayward, Connors, Booth, Murphy. Against: Crs Norman, Riley

5. MODIFICATION OF DEVELOPMENT APPLICATION – DA1/2016 FOUR (4) LOT SUBDIVISION, NO 854 AND 662 WEBBERS CREEK ROAD, WEBBERS CREEK

FILE NO: D1/2016

ANNEXURES:

A Reasons for Refusal

B Proposed Plan of Subdivision

C Approved Subdivision Plan

D Applicants Submission

AUTHOR: Senior Town Planner/Development Officer

APPLICANT: Hilltop Planners

OWNER: Cathy Easdown

PROPOSAL: Four Lot Torrens Title Subdivision

LOCATION: Lot 20 DP 13089 and Lot 112 DP 838007, No 854 and 662 Webbers Creek Road, Webbers Creek

ZONE: RU1 Primary Production


6. DEVELOPMENT APPLICATIONS – DELEGATED AUTHORITY

FILE NO: EF 08/228

ANNEXURES: Nil

AUTHOR: Jacqui Tupper


Rural & Urban Development - Ensure that our land use planning for the Shire acknowledges the importance of our rural character and agricultural activities.

DELIVERY PROGRAM: 4.2 Processing of Development Applications to ensure the ongoing environmental sustainability of the LGA.

OFFICERS RECOMMENDATION: That the report be received and the information noted. Precis: Development Consent has been granted to the following development applications under delegated authority for the month of March 2019.

****** RESOLUTION 38015

That the report be received and the information noted. Moved: Cr K Murphy, Seconded: Cr G Riley.

Carried.


ENVIRONMENTAL SERVICES DEPARTMENT

1. DUNGOG EARLY FLOOD WARNING SYSTEM – FINAL DESIGN CONCEPT

FILE NO: EF 15/84

ATTACHMENT: 1 Dungog Flood Warning System Design Plan (Manly Hydraulics laboratory 29/03/19)

AUTHOR: Paul Minett


Natural Environment

DELIVERY PROGRAM: (Program 9.4) Environmental Grants- Apply for Grants and carry out work on local projects

OFFICERS RECOMMENDATION: That the Final Design Concept for the Dungog Flood Warning System as described in the report by Manly Hydraulics Laboratory(29/03/19) and provided in an Attachment to this report be adopted. Precis: The purpose of this report is to seek the adoption of the final design concept for the Dungog Flood Warning System so that tenders can be called for the installation and ongoing maintenance of the infrastructure.

******** RESOLUTION 38016 That the Final Design Concept for the Dungog Flood Warning System as

described in the report by Manly Hydraulics Laboratory(29/03/19) and provided in an Attachment to this report be adopted. Moved: Cr G Riley, Seconded: Cr K Murphy.

Carried.


INFRASTRUCTURE AND ASSETS DEPARTMENT

1. DRAFT BOATING FACILITIES REQUIREMENTS STUDY – PATERSON AND ALLYN RIVERS

FILE NO: EF15/25

ATTACHMENTS: Draft Boating Facilities Requirements Study – Paterson and Allyn Rivers

AUTHOR: Michelle Viola


Recreation and Open Space

DELIVERY PROGRAM: Strategy 6.1 – Asset Maintenance

OFFICERS RECOMMENDATION: 1. That the Draft Boating Facilities Requirements Study – Paterson and Allyn Rivers be

placed on public exhibition for a minimum of 28 days. 2. That Council receives a further report that outlines the responses to any submissions

received during the exhibition period. 3. If no submissions are received during the public exhibition period, Council adopt the

Boating Facilities Requirements Study – Paterson and Allyn Rivers and a notice be placed within the local newspaper notifying the public of the adoption of the Plan and it becomes operational.

Precis: This report is to seek Council’s resolution to exhibit the draft Boating Facilities Requirements Study – Paterson and Allyn Rivers for a minimum of 28 days.

*********** RESOLUTION 38017

1. That the Draft Boating Facilities Requirements Study – Paterson and Allyn Rivers be placed on public exhibition for a minimum of 28 days.

2. That Council receives a further report that outlines the responses to

any submissions received during the exhibition period. 3. If no submissions are received during the public exhibition period,

Council adopt the Boating Facilities Requirements Study – Paterson and Allyn Rivers and a notice be placed within the local newspaper notifying the public of the adoption of the Plan and it becomes operational.

Moved: Cr R Booth Seconded: Cr K Murphy.

Carried.


2. WORKS PROGRESS REPORT

FILE NO: EF08/208

ANNEXURES: ‘A’ Major Works to continue or commence in the next 3 months

AUTHOR: Nigel Atkins


Public Infrastructure & Services

DELIVERY PROGRAM: 8. Council Programs and Activities Supporting Public

Infrastructure and Services

OFFICERS RECOMMENDATION: That the report be received and the information noted. Precis: Reporting on construction and maintenance works undertaken in March 2019.

******

RESOLUTION 38018

That the report be received and the information noted. Moved: Cr D Rayward, Seconded: Cr G Riley.

Carried.


CORPORATE SERVICES DEPARTMENT

1. CLARENCE TOWN COURT HOUSE MUSEUM

FILE NO: EF08/460; EF09/238; EF12/17

ANNEXURES:

A Previous report from Ordinary Meeting April 2018

B Previous report from Ordinary Meeting September 2018

C Letter from President, Clarence Town Progress Association

AUTHOR: Executive Manager Corporate Services


Public Infrastructure & Services

DELIVERY PROGRAM: 5.1 Asset Management

Road OFFICERS RECOMMENDATION:

1. That Council note the decision of the Clarence Town & District Progress Association not to proceed with the acquisition of the Clarence Town Court House Museum property located at 115 Prince Street Clarence Town (Lot No 20 DP729976).

2. Council rescind item 5 and 6 of Minute No. 37724 from the April 2018 Ordinary Council Meeting and item 1 of Minute No. 37873 from the September 2018 Ordinary Council Meeting.

Precis: Providing Council an update with respect to the Clarence Town Court House Museum.

********** MOTION 38019 That Council note the decision of the Clarence Town & District Progress

Association not to proceed with the acquisition of the Clarence Town Court House Museum property located at 115 Prince Street Clarence Town (Lot No 20 DP729976). Cr Rayward foreshadowed a motion. Moved: Cr J Connors, Seconded: Cr R Booth.

Carried.

The Mayor called for a Division. The Division resulted in 4 for 2 against as follows:

For: Crs Norman, Riley, Connors, Booth. Against: Crs Rayward, Murphy


2. STATEMENT OF INVESTMENTS

FILE NO: EF08/220

ANNEXURES: ‘A’ Statement of Investments



Council Governance & Finance - Council undertakes prudent financial management to ensure its long-term viability

DELIVERY PROGRAM: 5.4 Finance – Investments

OFFICERS RECOMMENDATION: The report be received and the information noted. Precis: Clause 212 of Local Government (General) Regulation 2005 requires a monthly report to Council outlining all money’s Council has invested under Section 625 of the Local Government Act.

********** RESOLUTION

38020 The report be received and the information noted. Moved Cr R Booth, Seconded Cr G Riley.

Carried.


3. WORKS COST STATEMENT

FILE NO: EF08/221

ANNEXURES: A Works Cost Statement



Council Governance & Finance - Council undertakes prudent financial management to ensure its long-term viability.

DELIVERY PROGRAM: 5.1.1 Continue to provide monthly works cost statement to Council.

OFFICERS RECOMMENDATION: The report be received and the information noted. Precis: A selective summary of expenditures on capital works and maintenance expense areas within Council’s roads, bridges, cemeteries, toilets, parks and sports grounds cost centres.

******** RESOLUTION

38021 That the report be received and the information noted. Moved Cr K Murphy, Seconded Cr R Booth.

Carried.


4. COUNCILLORS TRAVELLING & OTHER EXPENSES

FILE NO: EF08/222

ANNEXURES: Nil



Council Governance & Finance - Councillors are responsive, accessible and actively involved within local communities

DELIVERY PROGRAM: 1.1 Councillor representation

OFFICERS RECOMMENDATION:

The report be received and information noted.

Precis:

Report on Councillors travelling for Councillors information.


38022 That the report be received and the information noted. Moved Cr G Riley, Seconded Cr K Murphy.

Carried.


GENERAL MANAGERS REPORTS

1. NSW OFFICE OF LOCAL GOVERNMENT CIRCULARS

FILE NO: EF08/142

ANNEXURES: Nil

AUTHOR: The General Manager

OFFICERS RECOMMENDATION: That the report be received and the information noted. Precis: Providing a summary of circulars that have been released by the Office of Local Government.

******** MOTION

38023 That the report be received and the information noted. Moved Cr R Booth, Seconded Cr K Murphy.

Carried.


2. RESOLUTIONS TRACKING REPORT 2019

FILE NO: EF19/33

ANNEXURES: Nil


OFFICERS RECOMMENDATION: That the report be received and the information noted. Precis: The purpose of this report is to provide Council with a regular update on the implementation of Council resolutions.

******** RESOLUTION

38024 That the report be received and the information noted. Moved Cr K Murphy, Seconded Cr J Connors

Carried.


3. CLOSED COUNCIL

FILE NO: N/A

ANNEXURES: Nil



Council Governance & Finance – Decision-making processes are open, transparent and inclusive

DELIVERY PROGRAM: 2.1 Governance - Meetings

RECOMMENDATION: That: 1. Council resolve into Closed Council to consider business identified, together with any

late reports tabled at the meeting 2. Pursuant to Section 10A (1)-(3) of the Local Government Act 1993, the media and

public be excluded from the meeting on the basis that the business to be considered is classified as confidential under the provisions of section 10A (2) as outlined above.

3. Correspondence and reports relevant to the subject business be withheld from the

access to the media and public as required by Section 11 (2) of the Local Government Act 1993.

Precis: Report referring matters to Closed Council.

******** RESOLUTION

38025 That: 1. Council resolve into Closed Council to consider business identified,

together with any late reports tabled at the meeting 2. Pursuant to Section 10A (1)-(3) of the Local Government Act 1993, the

media and public be excluded from the meeting on the basis that the business to be considered is classified as confidential under the provisions of section 10A (2) as outlined above.

3. Correspondence and reports relevant to the subject business be withheld

from the access to the media and public as required by Section 11 (2) of the Local Government Act 1993.

Moved Cr R Booth, Seconded Cr D Rayward

Carried.


4. WILLIAMS RIVER HOLIDAY PARK

FILE NO: EF11/56

ATTACHMENTS Nil



Local Economy

DELIVERY PROGRAM: Strategy 8: Identify and develop, in partnership with local business operators, local tourism opportunities with a focus on overnight stay visitors to the Shire.

RECOMMENDATION:

THAT:

1. The report be received and noted

2. A Councillor Strategic Workshop be held in May, 2019 to consider the merits of the Feasibility Study for the Williams River Holiday Park prepared by SMA Tourism

3. Council authorise the General Manager to provide public access to the Feasibility Study for the Williams River Holiday Park prepared by SMA Tourism to facilitate further community feedback for Council’s consideration

4. The public be provided access to the AEC Group, Low Cost Short-Term Accommodation Feasibility Study 2014

5. At the May 2019 Councillor Strategic Workshop an operational review of the Williams River Holiday Park be provided by the General Manager for the period that the Park has been directly managed by Council officers

6. Following 2, 3, 4 and 5 above a further report be prepared by the General Manager for the consideration of Council and that until this time the interim measures resolved upon by Council in the April 2019 Extraordinary Meeting will prevail.

Precis:

The purpose of this report is to outline the content of a consultant report into options for the future development of the Williams River Holiday Park, to foreshadow a Councillor Workshop on the consultant report and to provide an update on current operations at the site.

It is noted that the Feasibility Study for the Williams River Holiday Park prepared by SMA Tourism has been produced in a relatively short timeframe and as such, the approach has not allowed for a comprehensive assessment of all matters at this point in time. Further information will be required as Council undertakes due diligence and additional community consultation.

********


RESOLUTION


For: Crs Norman, Riley, Rayward, Booth. Against: Crs Connors, Murphy

38026 THAT:

1. The report be received and noted

2. A Councillor Strategic Workshop be held in May, 2019 to consider the merits of the Feasibility Study for the Williams River Holiday Park prepared by SMA Tourism

3. Council authorise the General Manager to provide public access to the Feasibility Study for the Williams River Holiday Park prepared by SMA Tourism to facilitate further community feedback for Council’s consideration

4. The public be provided access to the AEC Group, Low Cost Short-Term Accommodation Feasibility Study 2014

5. At the May 2019 Councillor Strategic Workshop an operational review of the Williams River Holiday Park be provided by the General Manager for the period that the Park has been directly managed by Council officers

6. Following 2, 3, 4 and 5 above a further report be prepared by the General Manager for the consideration of Council and that until this time the interim measures resolved upon by Council in the April 2019 Extraordinary Meeting will prevail.

Cr Connors foreshadowed a motion. Moved Cr G Riley, Seconded Cr D Rayward

Carried.


5. DRAFT CODE OF MEETING PRACTICE

FILE NO: EF08/566

ANNEXURES: Model Code of Meeting Practice for Local Councils in NSW



Dungog Shire Council Governance & Finance

DELIVERY PROGRAM: Strategy 2: Decision-making processes are open, transparent and inclusive

RECOMMENDATION: That the Model Code of Meeting Practice as it applies to Dungog Shire Council be placed on exhibition for a period of 28 days with submissions from the public being taken for a period of 42 days. Precis: The purpose of this report is to seek Council endorsement for the public exhibition of the Model Code of Meeting Practice for Local Councils in NSW as it applies to Dungog Shire Council.

******** MOTION


For: Crs Norman, Riley, Rayward, Booth, Connors, Murphy

38027 1. That the Model Code of Meeting Practice as it applies to Dungog Shire Council be placed on exhibition for a period of 28 days with submissions from the public being taken for a period of 42 days.

2. That the Model Code to be placed on exhibition include clauses:

3.32 Prior to each ordinary meeting of the council, the General Manager may arrange a pre-meeting briefing session to brief councillors on business to be considered at the meeting. Pre-meeting briefing sessions may also be held for extraordinary meetings of the council and meetings of committees of the council.

3.33 Pre-meeting briefing sessions are to be held in the absence of the

public. Moved Cr J Connors, Seconded Cr K Murphy

Carried.


REPORTS FROM COMMITTEES AND OUTSIDE ORGANISATIONS

1. COUNCIL’S MANAGEMENT COMMITTEE MEETING MINUTES

FILE NO: N/A

ANNEXURES: A Management Committee Meeting Minutes


OFFICERS RECOMMENDATION: That the minutes of the Management Committee Meeting be received and noted. Precis: Reporting on Minutes of Council Management Committee Meetings provided to Council.

******** RESOLUTION 38028 That the minutes of the Management Committee Meeting be received and

noted. Moved: Cr R Booth, Seconded: Cr D Rayward.

Carried.


2. TRAFFIC AND ROAD SAFETY COMMITTEE

FILE NO: EF08/5

ANNEXURES: ‘A’ Traffic and Road Safety Committee Meeting Minutes

AUTHOR: Michelle Viola


Public Infrastructure and Services

DELIVERY PROGRAM: 1.6 Road Safety

OFFICERS RECOMMENDATION: That the Minutes of the Traffic & Road Safety Committee from its meeting of 26 February 2019 be received and adopted. The Road Precis: Reporting on the Traffic and Road Safety Committee meeting held on 26 February 2019.

********** RESOLUTION 38029 That the Minutes of the Traffic & Road Safety Committee from its meeting of

26 February 2019 be received and adopted. Moved: Cr D Rayward, Seconded: Cr G Riley.

Carried.


3. HUNTER JOINT ORGANISATIONS MEETINGS

FILE NO: EF08/577

ANNEXURES: A Minutes and summary of Hunter JO Meetings


OFFICERS RECOMMENDATION: That the minutes of the Hunter Joint Organisation Meetings be received and noted. Precis: Reporting on Hunter Joint Organisation meetings held in February and March 2019.

******** RESOLUTION 38030 That the minutes of the Hunter Joint Organisation Meetings be received and

noted. Moved: Cr J Connors, Seconded: Cr K Murphy.

Carried.

BUSINESS OF AN URGENT NATURE Nil.


CLOSED COUNCIL MOTION

38031

1. Council resolve into closed council to consider business identified, together with any late reports tabled at the meeting.

2. Pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) of the Local Government Act 1993.

3. The correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993.

Moved Cr J Connors, Seconded: Cr D Rayward. Carried.

Council closed its meeting at 7.24 pm. The public and media left the Chambers.

MOTION

38032

That Council resume the Order of Council business. Moved Cr K Murphy, Seconded: Cr G Riley.

Carried. The Order of Council business resumed at 7.28 pm.

The following resolutions of Council while the meeting was closed to the public were read to the meeting.


INFRASTRUCTURE AND ASSETS DEPARTMENT REPORT

1. JOHN TUCKER PARK AMENITIES AND BBQ - TENDER 01/2019

FILE NO: EF19/11

ANNEXURES: Nil

AUTHOR: Assets and Facilities Manager


Public Infrastructure and Services

DELIVERY PROGRAM: Strategy 5.2 – Asset Maintenance

OFFICERS RECOMMENDATION: It is recommended that Council:-

a. Accept the Tender PDA Building for the design and construction of the Amenities and BBQ Shelter at John Tucker Park, Paterson (Tender 01/2019);

b. Notify all unsuccessful Tenderers of Council’s decision; The Road Precis: This report gives the analysis of the tenders received for Tender 01/2019 for the Design and Construction of Amenities and BBQ Shelter at John Tucker Park, Paterson.


38033

It is recommended that Council:-

a. Accept the Tender PDA Building for the design and construction of the Amenities and BBQ Shelter at John Tucker Park, Paterson (Tender 01/2019);

b. Notify all unsuccessful Tenderers of Council’s decision;

Moved Cr R Booth, Seconded: Cr K Murphy.

Carried.


GENERAL MANAGERS

1. PROPOSED SALE OF LAND: LOTS 21 & 22, DP 1057004, PATERSON

FILE NO: EF17/4447

ANNEXURES: Nil



Governance and Finance

DELIVERY PROGRAM: Strategy 5: Council undertakes prudent financial management to ensure its long-term viability

RECOMMENDATION: That: 1. Expressions of interest be sought from qualified real estate agencies in regard to the

sole agency marketing of the surplus Council owned land identified within this report 2. The sale of land take place through a private treaty process 3. The General Manager be delegated authority to select the marketing agent 4. An update report identifying the outcomes of the property marketing process be

provided to a future meeting of the Council. Precis: The purpose of this report is to identify an opportunity to place on the market surplus Council owned operational land within the Paterson village. This action is accordance with Council’s strategic direction to the General Manager.

******** RESOLUTION

38034 That:

1. Expressions of interest be sought from qualified real estate agencies in

regard to the sole agency marketing of the surplus Council owned land identified within this report.

2. The sale of land take place through a private treaty process. 3. The General Manager be delegated authority to select the marketing

agent. 4. An update report identifying the outcomes of the property marketing

process be provided to a future meeting of the Council. Moved Cr D Rayward, Seconded: Cr K Murphy.

Carried.


There being no further business the meeting terminated at 7.30 pm. Confirmed: ................................................

Mayor

Date: ….....................................................

Confirmed: …............................................. A/General Manager

Date: ........................................................

ordinary meeting minutes 17 april 2019...page 4 dungog shire council ordinary meeting minutes 17...

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