ordinary meeting minutes 20 june 2018€¦ · page 2 dungog shire council ordinary meeting minutes...

DUNGOG SHIRE COUNCIL

DRAFT

ORDINARY MEETING

MINUTES

20 JUNE 2018

Dungog Shire Council Ordinary Meeting Minutes 20 June 2018

TABLE OF CONTENTS A: MAYORAL MINUTE 1. NSW Country Mayors Association Meeting – 1 June 2018 B: REPORTS BY DEPARTMENT REQUIRING COUNCIL DECISION

B1: PLANNING 1. Development Application – 178/2017 2. Development Application – 169/2017 3. Planning Proposal – Rezoning Former ‘Station Masters Cottage’ 4. Adoption of Amendments to Dungog Shire Council DCP No. 1 B2: ENVIRONMENTAL SERVICES 1. Biodiversity Offset Scheme and Potential Stewardship Agreements Over Council Land

B3: INFRASTRUCTURE & ASSETS 1. Tender 02/2018 – Hire of Plant and Equipment B4: CORPORATE SERVICES 1. LGNSW Conference 2018 2. Request for Financial Assistance Toward the 2018 Special Children’s Christmas Party 3. Bandon Grove School of Arts - Request for Rate Assistance B5: GENERAL MANAGER 1. Proposed Road Closures for Pedalfest – September 2018 2. Closed Council C: COMMITTEES AND OUTSIDE ORGANISATIONS

1. Council’s Management Committee Meeting Minutes 2. Traffic and Road Safety Committee D: COUNCILLOR REPORTS Nil E: NOTICES OF MOTION 1. Motion to Revoke Policy No. C3:17 F: QUESTIONS ON NOTICE Nil G: INFORMATION ONLY

1. Development Applications – Delegated Authority 2. Drinking Water Catchments Assessment Project 3. Crown Lands Act and Changes to Process 4. Works Progress Report 5. Statement of Investments


6. Works Cost Statement 7. Councillors Travelling & Other Expenses 8. Audit Office Report on Local Government 2017 9. NSW Office of Local Government Circulars H: CLOSED COUNCIL INFRASTRUCTURE AND ASSETS REPORT 1. Road Access – Torryburn to Clements Road

COMPLIMENTS


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

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

ACKNOWLEDGEMENT OF COUNTRY: Delivered by Cr T Norman.

APOLOGIES: Nil LEAVE OF ABSENCE: Nil DECLARATION OF INTERESTS: Cr Wall declared a Non-Pecuniary Interest in item C:2 being the Traffic and Road Safety Committee Minutes.

CONFIRMATION OF MINUTES: COUNCIL RESOLUTION 37769 That the minutes of the Ordinary Council Meeting held on 16 May 2018 and

the Extra Ordinary Council Meeting held on 28 May 2018 be confirmed. Moved Cr R Booth, Seconded Cr J Connors.

Carried.

MATTERS ARISING: Nil

The Prayer was delivered by Mr Colin Huckstadt.

The Ode was delivered by Mayor Tracy Norman.


A: MAYORAL MINUTE

A:1 NSW COUNTRY MAYORS ASSOCIATION MEETING - 1 JUNE 2018

FILE NO: EF18/30

ANNEXURES: A Minutes of Country Mayors Association Meeting held 1 June 2018

AUTHOR: Mayor Tracy Norman

COMMUNITY STRATEGIC PLAN:

Council Governance and Finance - Council will advocate for the communities by actively pursuing constructive relationships with other spheres of government

DELIVERY PROGRAM: 8.1 Governance – Advocacy

MOTION: That the report be received and information noted.

Precis: The purpose of this report is to provide Council with an update from the Country Mayors Meeting held at NSW Parliament House on 1 June, 2018.

********** MOTION 37770 That the report be received and information noted

Moved Cr T Norman Carried.

MOTION 37771 That the Order of Council business be suspended to allow members of the

public to address Council.

Moved Cr G Wall, Seconded Cr D Rayward. Carried.

The Order of Council business was suspended at 6.05 pm. Elysha Jordan – B1:3 – Spoke in favour of the Officers recommendation. Matt Brown – B1:2 – Spoke in favour of the Officers recommendation. Jeff Bretag – B1:1 – Spoke in favour of the Officers recommendation. Deryck Edwards – H:1 – Spoke on Road Access – Torryburn to Clements Road. Terese Osmond – H:1 - Spoke on Road Access – Torryburn to Clements Road.

MOTION

37772 That Council resume the Order of Council business.

Moved Cr S Low, Seconded Cr D Rayward. Carried.

The Order of Council business was resumed at 6.25 pm.


B:1 PLANNING DEPARTMENT

OFFICERS RECOMMENDATION: That the proposed two (2) lot subdivision at Lot 458 DP 749158 No 56 Lennoxton Road, Vacy be approved subject to the conditions listed in Annexure ‘A’:

Precis: The following report considers Development Application No. 178/2017 which seeks development consent to subdivide Lot 458 DP 749158, No 56 Lennoxton Road, Vacy into 2 lots.

******** COUNCIL RESOLUTION 37773 That the proposed two (2) lot subdivision at Lot 458 DP 749158 No 56

Lennoxton Road, Vacy be approved subject to the conditions listed in Annexure ‘A’: Moved Cr G Wall, Seconded Cr J Connors.

Carried. The Mayor in accordance with Section 375A of the Local Government Act called for a Division. The Division resulted in 9 for and 0 against as follows:

For: Crs Norman, Booth, Low, Riley, Murphy, Connors, Lyon, Wall, Rayward.

B1:1 DEVELOPMENT APPLICATION – 178/2017

FILE NO: DA178/2017

ANNEXURES:

A Draft Conditions of Consent

B Proposed Subdivision Plan

C Assessment Under Section 4.15 of the Environmental Planning And Assessment Act, 1979

AUTHOR: Jenny Webb, Senior Town Planner/Development Officer

APPLICANT: Mr S A & Mrs B J Jordan C/- Perception Planning Pty Ltd

OWNER: Mr S A & Mrs B J Jordan

PROPOSAL: 2 Lot Subdivision

LOCATION: Lot 458 DP 749158, No 56 Lennoxton Road, Vacy

ZONE: R5 Large Lot Residential


ANNEXURE ‘A’

Conditions of Consent General 1. The subdivision of Lot 458 in DP 749158, No 56 Lennoxton Road, Vacy, being

carried out in accordance with the following information submitted with development application 178/2017, except as modified by the conditions of this consent:

- Plan of proposed subdivision of Lot 458 DP 749158, prepared by Delfs Lascelles

dated 19.09.17, Project No 17671, Drawing No 1, Revision 2; - Statement of Environment Effects, prepared by Perception Planning dated 26

October 2017 Version 2 and the Additional Information Letter dated 18 February 2018.

- Bushfire Assessment Report, prepared by Urban Footprints, dated 10 February 2018 (Supplementary Report), Version 4;

- Wastewater Management Report, prepared by Decentralised Water Consulting, dated 21/10/2017

- Ecological Assessment, prepared by Firebird ecoSultants Pty Ltd, dated 16 October 2017 and Additional Information Letter dated 15 February 2018.

2. A separate approval will be required for the installation of an on-site sewage

management system to be approved by council for the newly created lot.

Advisory: A waste water management plan prepared by Decentralised Water Consulting (Ref Report R.0048.001.00_56LennoxtonRdVacy_WMR 25/09/2017) has been prepared in relation to site/soil conditions for effluent disposal on the above mentioned lot.

Prior to Commencement of Works: 3. Separate approval from Council as the Roads Authority must be obtained under

Section 138 of the Roads Act 1993 prior to the commencement of any works within a Council road reserve. For any such works, detailed engineering design plans must be submitted to Council for approval.

Plans submitted to Council for s138 Approval shall demonstrate that sight distance at the access can comply with AS2890.1.

4. Prior to the commencement of works, a Tree Retention/Removal Plan for the required

bush fire asset protection zones is to be prepared in conjunction with an Ecologist and Bush Fire Planner. The plan is to identify the vegetation to be retained/removed within the required APZs to ensure that retention of canopy trees and clumps of shrubs are retained in the APZ, whilst still satisfying the requirements for APZs in accordance with Planning for Bushfire Protection 2006. Vegetation identified to be retained/removed is to be clearly marked on site prior to the commencement of work and a copy of the Plan is to be submitted to Council. All native vegetation removal is to be undertaken in accordance with the Tree Retention/Removal Plan.

5. The control of erosion, and the prevention of silt discharge into drainage systems and

waterways, will be necessary in accordance with Dungog Council's Erosion and Sediment Control Plan Guidelines and the latest edition of Managing Urban Stormwater publication (the blue book). Erosion control measures are to be implemented prior to the commencement of any works, and shall be maintained until satisfactory completion and restoration of the site, including revegetation of all exposed areas.


Prior to Release of Subdivision Certificate 6. Application for a Subdivision Certificate is to be submitted to and approved by Council

prior to release of the final linen plan of subdivision.

7. Submission of an original plan of survey by a Registered Surveyor and six (6) copies to Council for subdivision approval. Advice: The final plans must conform generally with the subdivision proposal shown on the concept plan submitted with the Development Application dated 19.09.17 and incorporate Council’s requirements. Council’s fee covers the cost of providing copies of the plan of survey to relevant internal Council departments and to Government departments as required.

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

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

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

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

Advice: An energy provider is responsible for the supply of electricity to this land. The applicant must contact an energy provider on all matters concerning electricity supply. A letter from an energy provider stating that satisfactory arrangements have been made for the supply of electricity in the subdivision is to be submitted to Council, and accepted, prior to the release of the subdivision certificate.

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

(a) communication will be available to each allotment created by the subdivision

when and if development is proposed on the land; (b) that any transmission lines or other assets of a telecommunications carrier on

private land be “protected” by an easement; and (c) where development requires the relocation of transmission lines or other

assets, the applicant is required to make satisfactory arrangements with a telecommunications carrier for such relocation to be carried out.

Advice: For details of arrangements pertaining to the land, applicants must contact a telecommunications carrier direct.

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

10. Prior to issue of the Subdivision Certificate, a certificate of compliance under

Section 50 of the Hunter Water Act 1991 for this development shall be submitted to the Principal Certifying Authority.

11. The developer shall ensure that satisfactory arrangements have been made with

Council for the supply and erection of property identification numbers in accordance with Council’s Rural Addressing Program.


Advice: A payment to Council for each lot created is required for rural addressing purposes.

12. Payment of a cash contribution to Council in accordance with the provisions of Dungog Section 94 Contributions Plan 2004 adopted September 2004.

The following contributions, which are subject to quarterly adjustment, are to be paid prior to the release of linen plan and subdivision certificate. Vacy Catchment Sports Fields $3,917.49

Parklands $220.43

Swimming Pool $1,049.22

Indoor Sports Facility $1,102.15

Local Community Centre $341.03

District Community Centre $237.18

Youth Venue $194.30

Arts & Craft Centre $66.33

Aged Facility $178.22

Library $507.19

Pre-School $672.68

Rural Sub-Arterial Roads upgrades $689.43

Rural Local Roads and intersection upgrades $1,760.76

Bikeway Facilities $73.03

Fire Services $1,136.99

Section 94 Management $801.32

Administration $568.16

Total $13,515.91

Advice: Copies of the Contributions Plan are available for inspection and purchase at Council’s Administration Building, Dungog.

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

13. A designated Building Envelope, approved by Council, is to be delineated and fully dimensioned on each allotment on the final plan of survey, and a Section 88B Instrument submitted for Council’s acceptance. The Building Envelope and Section 88B restriction is to prohibit the construction of a residential dwelling within 32 metres of the northern and western site boundaries, 14 metres to eastern site boundary and 11 metres of the southern site boundary.

14. Prior to the issue of a Subdivision Certificate, the developer shall construct: -

A sealed entrance to the access handle to Lot 2, complying with the requirements of the Council Drawing Number SD0015 titled “Private Entrance - Rural Bitumen Roads" As Amended February 2010. The entrance shall be constructed so as not to impede the flow of water in any table drain.

Sight distance at the access is to comply with AS2890.1 as detailed in the s138 Approval.

All access to Lot 1 shall be via the sealed access and proposed right of carriageway. Lot 1 shall not have private driveway access to Lennoxton Road.


15. Any relocation or alterations of public utilities made necessary as a result of the development are to be carried out at no cost to Council.

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

17. Rights of carriageway, easements for access and easements for services being created over the access corridor through Lot 2 serving Lot 1. The appropriate notation being placed on the plan of subdivision and an instrument under Section 88B of the Conveyancing Act being submitted to Council setting out the terms of easements as required by this consent. Council, in addition to the owner of the land benefited by the easement, is to be a party whose consent is needed to release or vary easements.

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

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

20. Prior to release of Subdivision Certificate the developer shall arrange for certification

from a suitably qualified consultant certifying that the development complies with the NSW Rural Fire Service Conditions as detailed in conditions 21 to 26 of this consent.

NSW Rural Fire Service Conditions (Bush Fire Safety Authority)

Asset Protection Zones The intent of measures is to minimise the risk of bush fire attack and provide protection for emergency services personnel, residents and others assisting fire fighting activities. To achieve this, the following conditions shall apply:

21. At the issue of a subdivision certificate, a suitably worded instrument shall be created over the proposed Lot 2 pursuant to section 88 of the ‘Conveyancing Act 1919’ which prohibits the construction of a residential dwelling within 32 metres of the northern and western site boundaries, 14 metres to eastern site boundary and 11 metres of the southern site boundary. Dungog Shire Council shall be nominated as the prescribed authority for variation or removal of the instruments.

22. At the issue of a subdivision certificate, and in perpetuity, the area around the existing dwelling located on proposed Lot 1 shall be managed as an Inner Protection Area (IPA) 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' for a distance of 20 metres in all directions.

Water and Utilities The intent of measures is to minimise the risk of bush fire attack and provide protection for emergency services personnel, residents and others assisting fire fighting activities. To achieve this, the following conditions shall apply: 23. The provision of water, electricity and gas to the proposed lots shall comply with

section 4.1.3 of 'Planning for Bush Fire Protection 2006'. Access The intent of measures for 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 conditions shall apply: 24. Prior to the issue of the subdivision certificate, the existing property access road

(driveway) servicing both proposed Lots 1 and 2, shall comply with section 4.1.3 (2) of ‘Planning for Bush Fire Protection 2006’.


25. A right of way shall be created over the existing driveway and proposed access way, to grant access to the proposed Lots 1 and 2 and should be created and registered on Title.

Design and Construction The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply: 26. Prior to the issue of subdivision certificate, the existing building being retained within

proposed Lot 1 is required to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen mesh with a maximum aperture of 2mm. Where applicable, this includes any sub floor areas, openable windows, vents, weepholes and eaves. External doors are to be fitted with draft excluders.


OFFICERS RECOMMENDATION: That the proposed eight (8) lot subdivision at Lot 2 DP 248820, No. 1204 East Seaham Road, Clarence Town be approved subject to the conditions listed in Annexure ‘D’:

Precis: The following report considers Development Application No. 169/2017 which seeks development consent to subdivide Lot 2 DP 248820, No 1204 East Seaham Road, Clarence Town into 8 Lots.

******** COUNCIL RESOLUTION 37774 That the proposed eight (8) lot subdivision at Lot 2 DP 248820, No. 1204 East

Seaham Road, Clarence Town be approved subject to the conditions listed in Annexure ‘D’: Moved Cr S Low, Seconded Cr J Connors.

Carried. The Mayor in accordance with Section 375A of the Local Government Act called for a Division. The Division resulted in 9 for and 0 against as follows:


B1:2 DEVELOPMENT APPLICATION – 169/2017

FILE NO: DA169/2017

ANNEXURES:

A Draft Conditions of Consent

B Proposed Subdivision Plan

C Assessment Under Section 4.15 of the Environmental Planning And Assessment Act, 1979

ATTACHMENTS: 1

AUTHOR: Jenny Webb, Senior Town Planner/Development Officer

APPLICANT: Shannon Griffis C/- Perception Planning Pty Ltd

OWNER: Mr S C & Mrs R M Griffis

PROPOSAL: 8 Lot Subdivision

LOCATION: Lot 2 DP 248820, No 1204 East Seaham Road, Clarence Town

ZONE: R5 Large Lot Residential and E3 Environmental Management


ANNEXURE ‘D’

Condition of Consent General 1. The subdivision of Lot 2 in DP 248820, No. 1204 East Seaham Road, Clarence

Town, being carried out in accordance with the following information submitted with Development Application 169/2017, except as modified by the conditions of this consent:

- Plan titled Detail Survey of Proposed Subdivision of Lot 2 DP 248820 prepared by

Delfs Lascelles dated 28.02.18, Project No 17642, Drawing No 1, Revision 5, except as modified below: o The ‘future road’ identified within proposed Lot 8 is to be removed o The boundary between proposed lot 1 and 8 is to be modified to ensure a

10 metre setback between the existing shed and the proposed property boundary. Each lot is to maintain a minimum area of 8,000m².

- Statement of Environment Effects, prepared by Perception Planning dated 12 October 2017 Version 2 and the Additional Information Letter dated 2 March 2018.

- Bushfire Assessment Report, prepared by Urban Footprints, dated 19 February 2018 (Supplementary Report), Version 5;

- Onsite Wastewater Management Report, prepared by Whitehead & Associates, dated 5/10/17;

- Ecological Assessment, prepared by Firebird ecoSultants Pty Ltd, dated October 2017 and Additional Information Letter dated 28 February 2018;

- Stormwater Management Strategy, prepared by GCA Engineering Solutions, dated 5 October 2017, Revision 1.

2. Should any Aboriginal relics be discovered then all excavations or disturbance to the

area shall cease immediately and the NSW Office of Environment and Heritage, shall be informed in accordance with Section 89A of the National Parks and Wildlife Act 1974.

All necessary approvals from the NSW Office of Environment and Heritage shall be obtained and a copy provided to Council prior to works recommencing.

3. A separate approval will be required for the installation of an On-site Sewage

Management System to be approved by Council for all created lots.

Advisory: A waste water management plan prepared by Whitehead and Associates (Ref Report_1947_001, 05/10/2017) has been prepared in relation to site/soil conditions for effluent disposal on the above mentioned lots.

4. The effluent disposal areas for all newly created lots are to be located as indicated on the site plan Figure 2: Lot Layout and Constraints Map from waste water management plan prepared by Whitehead and Associates (Ref Report_1947_001, 05/10/2017) .

5. 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, a Subdivision Certificate cannot be issued.

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

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

(b) After 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//Subdivision Certificate associated with the Development Consent. Compliance (Inspection) Fees will be adjusted in accordance with Council’s Fees & Charges operating at the time of inspection. In the event further additional inspections are required those inspections will attract inspection fees.

Prior to Commencement of Works: 6. A Construction Certificate is to be issued by the Certifying Authority prior to

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

7. The control of erosion, and the prevention of silt discharge into drainage systems and waterways, will be necessary in accordance with Dungog Council's Erosion and Sediment Control Plan Guidelines and the latest edition of Managing Urban Stormwater publication (the blue book). Erosion control measures are to be implemented prior to the commencement of any works, and shall be maintained until satisfactory completion and restoration of the site, including revegetation of all exposed areas.

Prior to Issue of Construction Certificate:

8. Prior to preparation of any engineering design plans, the consultant preparing the design plans will need to contact Council’s Infrastructure & Assets Department to discuss the extent and scope of all works and details required on the design plans. Some of the issues to be discussed and incorporated in the design plans include the following:

Location of passing bays Erosion & sediment controls Stormwater drainage


Pavement standards including carriageway widths etc Vehicle access locations Road widening Earthworks details including quantities and stockpiling Traffic control details Restoration details Internal speed and other regulatory road signage.

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

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

10. The provision of a Plan of Management for any works for the development that impact on any public roads and public land for the construction phase of the development, prior to issue of the Construction Certificate. This plan must be certified by a suitably qualified person prior to issue of the Construction Certificate. All works must be conducted in accordance with this plan. The plan is to include a Traffic Management Plan and/or a Work Method Statement for any works or deliveries that impact the normal travel paths of vehicles, pedestrians or cyclists or where any materials are lifted over public areas.

11. The developer shall arrange for detailed engineering design plans to be submitted to

Council for approval addressing all internal roads including associated stormwater drainage and erosion/sediment controls, in accordance with the standards set out in AUS-SPEC and to the satisfaction of Council to include but not limited to the following:-

(a) 20 metre wide road reserve. (b) Minimum sealed carriageway width of 7 metres (c) 2 coat bitumen seal or 40mm AC. (d) Minimum unsealed shoulder widths 0.5 metres. (e) Minimum table drain width of 1.5 metres (f) Cut and fill batters not exceeding 1:2 (cut) and 1:1.5 (fill). (g) Associated stormwater (including subsoil) drainage. (h) Provision of a level spreader device at the site discharge point within proposed

Lot 4 to disperse concentrated flows from the proposed swale. The level spreader device shall be located a minimum 10m from the property boundary.

(i) Erosion and Sediment controls. (j) Provision of a vehicle turning facility (cul-de-sac) to accommodate the turning

path of a single unit truck (garbage truck) at the end of the new internal road. (k) Provision of a BAR/BAL intersection including appropriate road linemarking and

regulatory signage the intersection of the subdivision road and East Seaham Road.

(l) Street/road name blazes in accordance with Council’s minimum standards.

12. The developer shall arrange for detailed engineering design plans to be submitted to Council for approval for:

Roadwork including associated drainage and erosion/sediment controls associated with; Construction of the proposed fire trail within rights of carriageway on Lots 5 and 6 to provide a minimum of 4 metre wide, 150mm depth gravel formation and 1 metre wide unsealed shoulders plus table drains.

13. Prior to the issue of a Construction Certificate, a detailed Landscape Management Plan for the site shall be prepared and submitted to Council for approval. The plan must:-


(a) Generally implement the recommendations contained in the Flora and Fauna Assessment report, the Stormwater Management Strategy and the Bushfire Threat Assessment submitted with eh development application;

(b) Provide for endemic street tree planting within the frontage of each of the proposed lots;

(c) Provide for boundary (privacy) plantings along the northern and southern boundaries of Lot 2 DP 248820;

(d) Include a detailed planting schedule including species listed by botanical and common names, specific location, planting densities and quantities of each species, pot sizes, estimated sizes of plants at maturity and proposed staking methods, if applicable; and

(e) Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.

14. Prior to issue of a Construction Certificate the applicant shall submit to Council for

approval detailed plans for the filling, compaction and stabilisation of the existing dam on proposed Lot 4. Prior to the importation of any fill onto the site, the applicant shall provide Council with documentary evidence that the proposed fill material is either:-

(a) Uncontaminated virgin excavated natural material (VENM) as defined under the

provisions of the NSW Protection of the Environment Operations Act 1997. The material is to be from known origin and composition, free of contamination from manufactured chemicals, process residues, building debris, sulfidic ores or other foreign matter.

Or (b) Fill which has been characterized and validated by suitably qualified and

experienced site contamination consultant, in accordance with the NSW Department of Environment and Climate Change publication “Contaminated Sites – Sample Design Guidelines”.

Written details are to be kept of:-

Address of the origin of the fill. Quantities, dates and times of delivery from each location. Registration numbers and drivers identification details. Laboratory test results/consultants reports.

Prior to Release of Subdivision Certificate 15. Application for a Subdivision Certificate is to be submitted to and approved by Council

prior to release of the final linen plan of subdivision.

16. Submission of an original plan of survey by a Registered Surveyor and six (6) copies to Council for subdivision approval. Advice: The final plans must conform generally with the subdivision proposal shown on the concept plan submitted with the Development Application and incorporate Council’s requirements. Council’s fee covers the cost of providing copies of the plan of survey to relevant internal Council departments and to Government departments as required.

17. Certification is to be provided by a registered surveyor that proposed Lot 5 contains all the land zoned E3 Environmental Management located on the subject site and a minimum of 8000m² of land zoned R5 Large Lot Residential.

Advice: GPS coordinates of zoning boundaries are available from Council in accordance with the adopted Fees and Charges.


18. The applicant shall service all lots within the subdivision with underground electricity and telecommunications in accordance with the requirements of the relevant authorities.

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

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

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

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

Advice: An energy provider is responsible for the supply of electricity to this land. The applicant must contact an energy provider on all matters concerning electricity supply. A letter from an energy provider stating that satisfactory arrangements have been made for the supply of electricity in the subdivision is to be submitted to Council, and accepted, prior to the release of the linen plan of subdivision.

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

(a) communication will be available to each allotment created by the subdivision

when and if development is proposed on the land; (b) that any transmission lines or other assets of a telecommunications carrier on

private land be “protected” by an easement; and (c) where development requires the relocation of transmission lines or other

assets, the applicant is required to make satisfactory arrangements with a telecommunications carrier for such relocation to be carried out.

Advice: For details of arrangements pertaining to the land, applicants must contact a telecommunications carrier direct.

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

21. Prior to issue of the Subdivision Certificate, a certificate of compliance under

Section 50 of the Hunter Water Act 1991 for this development shall be submitted to the Principal Certifying Authority.

22. Prior to the preparation of the final plan of subdivision the developer shall submit to

Council 3 road/street name options for the new road created within the subdivision. The new road/street names shall be submitted in accordance with Council’s “Street Naming” policy. In accordance with Council’s current Fees and Charges a fee for each new road/street names needs to be paid by the developer prior to proceeding with advertising in accordance with Council’s policy.

Advice: It is recommended that these be submitted to Council as early as practical to provide adequate time to finalise prior to release of Subdivision Certificate.

23. The developer shall ensure that satisfactory arrangements have been made with

Council for the supply and erection of property identification numbers in accordance with Council’s Rural Addressing Program.

Advice: A payment to Council for each lot created is required for rural addressing purposes.


24. Payment of a cash contribution to Council in accordance with the provisions of

Dungog Section 94 Contributions Plan 2004 adopted September 2004 and as amended.

The following contributions, which are subject to quarterly adjustment, are to be paid prior to the release of linen plan and subdivision certificate. Clarence Town Catchment Sports Fields $5,528.17

Parklands $145.39

Swimming Pool $1,049.22

Indoor Sports Facility $1,102.15

Local Community Centre $416.74

District Community Centre $284.75

Youth Venue $232.49

Arts & Craft Centre $75.71

Aged Facility $213.06

Library $618.41

Pre-School $824.10

Rural Sub-Arterial Roads upgrades $387.93

Rural Local Roads and intersection upgrades $1,681.70

Bikeway Facilities $196.98

Fire Services $1,136.99

Section 94 Management $801.32

Administration $568.16

Total $15,263.27 per additional lot

Advice: Copies of the Contributions Plan are available for inspection and purchase

at Council’s Administration Building, Dungog. The applicant and/or subdivider must contact Council prior to the payment to

determine the current rate of contribution, as the rates are revised quarterly. Staging of payments is permitted if staging of development is approved by the terms of this consent.

25. The plan of subdivision and Section 88B instrument shall establish the following title

encumbrances with Council being nominated as the sole authority to release, vary or modify each encumbrance unless specifically noted otherwise. Wherever possible the extent of the land affected shall be defined by bearings and distances shown on the plan of subdivision:

Individual lot rainwater tank sizing (minimum 42,000 litres) and discharge

arrangements consistent with the stormwater management strategy are to be incorporated within an 88b instrument restriction on the use of land.

Restriction on the Use of Land requiring effluent disposal to be in accordance with the Whiteheads & Associates Wastewater Management Report dated 5 October 2017 and prohibiting the erection of any structures within the land application areas.

Restriction on the Use of Land prohibiting vehicular access to proposed lot 2 from

East Seaham Road.


Creation of the right of carriageway over proposed Lot 3 to benefit Lot 100 DP 626560 as shown on the approved plan.

Creation of an easement for purpose of a fire trail 8 metres wide as shown on the

approved plan.

Restriction on the Use of Land limiting all boundary fencing to rural style, post and wire or post and rail.

All costs associated with the Covenant, including any legal costs payable to Council, are to be paid by the owner on whose behalf the applicant has lodged the application. The signed 88B instrument shall be submitted to Council prior to release of the Subdivision Certificate. The encumbrances must be shown on the final plan of subdivision and signed Section 88B instrument, shall be submitted to Council prior to release of the Subdivision Certificate.

26. The developer shall construct all roads including associated stormwater drainage and erosion/sediment controls to the satisfaction of Council in accordance with the approved Construction Certificate plans and in accordance with the standards set out in AUS-SPEC and to the satisfaction of Council to include but not limited to the following:- (a) 20 metre wide road reserve. (b) Minimum sealed carriageway width of 7 metres (c) 2 coat bitumen seal or 40mm AC. (d) Minimum unsealed shoulder widths 0.5 metres. (e) Minimum table drain width of 1.5 metres (f) Cut and fill batters not exceeding 1:2 (cut) and 1:1.5 (fill). (g) Associated stormwater (including subsoil) drainage. (h) Provision of a level spreader device at the site discharge point within proposed

Lot 4 to disperse concentrated flows from the proposed swale. The level spreader device shall be located a minimum 10m from the property boundary.

(i) Erosion and Sediment controls. (j) Provision of a vehicle turning facility (cul-de-sac) to accommodate the turning

path of a single unit truck (garbage truck) at the end of the new internal road. (k) Provision of a BAR/BAL intersection including appropriate road line marking and

regulatory signage the intersection of the subdivision road and East Seaham Road.

(l) Street/road name blazes in accordance with Council’s minimum standards. 27. The developer shall construct roadwork including associated drainage and

erosion/sediment controls associated with the construction of the proposed fire trail within rights of carriageway on Lots 5 and 6 to provide a minimum of 4 metre wide, 150mm depth gravel formation and 1 metre wide unsealed shoulders plus table drains.

28. Prior to release of Subdivision Certificate all landscaping shall be completed in accordance with the landscaping plan approved with the Construction Certificate and shall be maintained in perpetuity by the existing or future owners of the property.

29. All civil engineering works to be transferred to Council ownership shall be covered by

a 12 months Maintenance Bond in accordance with Council’s Bonding Policy. The 12 months Maintenance Bond shall commence from the Practical Completion date identified by Council or until registration of the subdivision plan, whichever is greater. The 12 Months maintenance Bond also attracts a Bond Administration Fee as identified in Council’s Fees and Charges at the time of preparation of the Bond.

30. Prior to issue of a Subdivision Certificate, boundary fencing shall be completed by the

developer and shall be post and rail/wire rural type fencing.


31. Any relocation or alterations of public utilities made necessary as a result of the development are to be carried out by the developer at no cost to Council.

32. The provision of Work as Executed information prior to release of the Subdivision

Certificate. The information is to be submitted in hard copy and in electronic format compatible with PDF (in A3 size) and AutoCad. This information is to be approved by Council prior to issue of the Subdivision Certificate.

33. If any lot on the subdivision is to be filled by over 0.2 metres depth (including the dam

on proposed Lot 4), the entire depth of fill is to be compacted to 95% standard in accordance with AS1289-E(1.1) and certified as such by a practising civil engineer or geotechnical consultant. Appropriate erosion and sediment control measures shall be utilised and maintained until adequate grass cover has established.

34. Dedication of land required by Council for all roads and pathways, free of all costs to

Council. 35. The developer being responsible for any costs relating to minor alterations and

extensions of existing roads, drainage and Council services for the purposes of the development.

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

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

directed by Council free of all costs to Council. 38. Prior to the issue of the Subdivision Certificate an application for the installation of an

onsite sewage management system to service proposed Lot 1 (the existing dwelling) is to be lodged with Council’s Environmental Services Department and approved. The system shall be designed in accordance with AS/NZS 1547:2012 and the Environmental and Health Protection Guidelines.

39. The onsite sewage management system for proposed Lot 1 is to be installed in

accordance with its approval, with a satisfactory final inspection to be undertaken by Council.

40. The existing septic tank is to be decommissioned in accordance with council policy.

41. Prior to release of Subdivision Certificate the developer shall arrange for certification

from a suitably qualified consultant certifying that the development complies with the NSW Rural Fire Service Conditions as detailed in conditions 43 to 46 of this consent.

42. All fees, Section 94 and other Contributions will need to be adjusted in accordance

with Councils Fees and Charges applicable at the time of payment. 43. A Subdivision Certificate will not be issued nor the final plan signed and released by

Council until all conditions of consent have been complied with to Council’s satisfaction.

NSW Rural Fire Service Conditions (Bush Fire Safety Authority) Asset Protection Zones The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:


44. At the issue of subdivision certificate and in perpetuity, the land within Lots 4, 5, 6 & 7, to the north, east or south for a distance of 25 to 39 metres or to the boundary, shall be maintained as an Inner Protection Area (IPA) as outlined within Section 4.1.3 and the NSW Rural Fire Service's documents ‘Planning for Bushfire Protection 2006’ and 'Standards for asset protection zones'.

Water and Utilities The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply: 45. Water, electricity and gas are to comply with the following requirements of section

4.1.3 of 'Planning for Bush Fire Protection 2006':

A hardened ground surface for truck access is to be supplied up to and within 4 metres of the water source.

In recognition that no reticulated water supply exists, a 10,000 litre water supply

shall be provided for fire fighting purposes.

Above ground tanks are manufactured of concrete or metal and raised tanks are to have their stands protected. Plastic tanks shall not be used.

Underground tanks shall have an access hole of 200mm to allow tankers to refill

direct from the tank. A hardened ground surface for truck access is to be supplied within 4 metres of the access hole.

The gate or ball valve, pipes and tank penetration are adequate for full 50mm

inner diameter water flow through the Storz fitting and are metal.

An 'SWS' marker shall be obtained from the local NSW Rural Fire Service and positioned for ease of identification by brigade personnel and other users of the SWS. In this regard:

a) Markers must be fixed in a suitable location so as to be highly visible; and b) Markers should be positioned adjacent to the most appropriate access for the

static water supply. Access The intent of measures for internal roads is to provide safe operational access for emergency services personnel in suppressing a bush fire, while residents are accessing or egressing an area. To achieve this, the following conditions shall apply: 46. Public access roads shall comply with section 4.1.3 (1) of 'Planning for Bush Fire

Protection 2006', except the requirement for a dead end road not more than 200 metres in length.

Landscaping 47. Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for

Bush Fire Protection 2006'.


General Advice – consent authority to note This approval is for the subdivision of the land only. Any further development application for class 1, 2 & 3 buildings as identified by the 'Building Code of Australia' must be subject to separate application under section 79BA of the EP & A Act and address the requirements of 'Planning for Bush Fire Protection 2006'. The proposed access road meets the performance criteria of a public road in accordance with Section 4.2.7 of ‘Planning for Bush Fire Protection 2006’ with the exception that a dead end road greater than 200 metres in length and therefore is acceptable.


OFFICERS RECOMMENDATION: That Council: 1. Support the attached Planning Proposal to amend the Dungog Local Environmental Plan

2014, pursuant to Section 55 of the Environmental Planning and Assessment Act 1979, in order to rezone Lot 1 DP 860372 from SP2 Rail Infrastructure Facility to R1 general residential under Dungog LEP 2014.

2. Forward the Planning Proposal to the Minister for Planning for Gateway determination

pursuant to Section 3.34 of the EP&A Act 1979.

3. Council advise the Director-General of Department of Planning and Environment that Council does not seek to exercise delegations for undertaking Section 3.36 of the EP&A Act 1979.

4. Consult with the community and relevant government agencies as directed following the gateway determination.

5. Should Council receive any written objections to the Planning Proposal during the

advertising period the matter be reported back to Council for its consideration. Should no submissions be received the agreed Planning Proposal be forwarded down to the Department of Planning and Environment requesting them to make the proposed amendments to Dungog LEP 2014.

Precis: The request for a rezoning of the former “Station Masters Cottage” from “Zone SP2 Special Infrastructure” to “Zone R1 General Residential” is seen as a regularisation of the zoning of the land to correctly reflect the divestment of the site from RailCorp to private ownership.

********

B1:3 PLANNING PROPOSAL – REZONING FORMER ‘STATION MASTERS COTTAGE’

FILE NO: 171/82/43

ATTACHMENTS:

2 Perception Planning Pty Ltd - Planning Proposal

3 Rail Traffic Noise & Vibration Impact Assessment Existing Residence 2 Chapman Street, Dungog NSW February 2018 By Reverb Acoustics

AUTHOR: Garry Warnes - Town Planner

APPLICANT: Perception Planning Pty Ltd

OWNER: Mrs M J Ison

PROPOSAL: Rezone Former “Station Masters Cottage” from Zone SP2 Special Infrastructure to Zone R1 General Residential

LOCATION: 2 Chapman Street, Dungog

ZONE: SP2 Special Infrastructure


COUNCIL RESOLUTION

The Mayor in accordance with Section 375A of the Local Government Act called for a Division. The Division resulted in 9 for and 0 against as follows:


37775 That Council: 1. Support the attached Planning Proposal to amend the Dungog Local

Environmental Plan 2014, pursuant to Section 55 of the Environmental Planning and Assessment Act 1979, in order to rezone Lot 1 DP 860372 from SP2 Rail Infrastructure Facility to R1 general residential under Dungog LEP 2014.

2. Forward the Planning Proposal to the Minister for Planning for Gateway

determination pursuant to Section 3.34 of the EP&A Act 1979. 3. Council advise the Director-General of Department of Planning and

Environment that Council does not seek to exercise delegations for undertaking Section 3.36 of the EP&A Act 1979.

4. Consult with the community and relevant government agencies as directed

following the gateway determination. 5. Should Council receive any written objections to the Planning Proposal

during the advertising period the matter be reported back to Council for its consideration. Should no submissions be received the agreed Planning Proposal be forwarded down to the Department of Planning and Environment requesting them to make the proposed amendments to Dungog LEP 2014.

Moved Cr J Connors, Seconded Cr K Murphy.

Carried.


B1:4 ADOPTION OF AMENDMENTS TO DUNGOG SHIRE COUNCIL DEVELOPMENT CONTROL PLAN NO 1

FILE NO: EF08/532

AUTHOR: Jacqui Tupper


4. Rural and Urban Development

DELIVERY PROGRAM: 4.1 Improvement in Council’s policy framework to enable delivery of high quality development outcomes.

OFFICERS RECOMMENDATION:

1. In accordance with clause 21(1) of the Environmental Planning and Assessment Regulation 2000, Council adopt the following draft Development Control Plan Chapters as exhibited:

Part A – Chapter 1 Introduction Part B – Chapter 1 Complying Development – Chapter 2 Exempt Development Part C – Chapter 4 Erection of Farm Buildings and Outbuildings/Sheds

– Chapter 5 Bushfire – Chapter 10 Farm Gate Sales

– Chapter 13 Acid Sulphate Soils – Chapter 23 On Site Sewerage Management (New Chapter) – Chapter 24 Site Minimisation (New Chapter) Part D – Chapter 7 (Count Street Paterson) – Chapter 8 (Boatfalls Rural Residential Estate)

2. That in accordance with clause 21(2) of the Environmental Planning and Assessment Regulation 2000, Council give notice of its decision to adopt the Development Control Plan in the local newspaper within 28 days; and

3. That Council defer the adoption of draft Development Control Plan No 1 Part C

Chapter 8 – Managing Our Floodplains until after the Planning Proposal to amend Councils Local Environmental Plan to reflect a new Flood Planning level for the Dungog “tailwater area” has been placed on public exhibition.

Précis: At the April 2018 meeting Council resolved in accordance with section 3.43 of the Environmental Planning and Assessment Act 1979 and clause 18 of the Environmental Planning and Assessment Regulation 2000, to place draft Development Control Plan Chapters on public exhibition for a minimum of 28 days. The public exhibition concluded on the 1st June, 2018 and no submissions were received.

*********


COUNCIL RESOLUTION 37776 1. In accordance with clause 21(1) of the Environmental Planning and

Assessment Regulation 2000, Council adopt the following draft Development Control Plan Chapters as exhibited: Part A – Chapter 1 Introduction Part B – Chapter 1 Complying Development – Chapter 2 Exempt Development Part C – Chapter 4 Erection of Farm Buildings and Outbuildings/Sheds – Chapter 5 Bushfire – Chapter 10 Farm Gate Sales – Chapter 13 Acid Sulphate Soils – Chapter 23 On Site Sewerage Management (New Chapter) – Chapter 24 Site Minimisation (New Chapter) Part D – Chapter 7 (Count Street Paterson) – Chapter 8 (Boatfalls Rural Residential Estate)

2. That in accordance with clause 21(2) of the Environmental Planning and Assessment Regulation 2000, Council give notice of its decision to adopt the Development Control Plan in the local newspaper within 28 days; and

3. That Council defer the adoption of draft Development Control Plan No 1

Part C Chapter 8 – Managing Our Floodplains until after the Planning Proposal to amend Councils Local Environmental Plan to reflect a new Flood Planning level for the Dungog “tailwater area” has been placed on public exhibition.

Moved Cr G Wall, Seconded Cr G Riley. Carried.

The Mayor in accordance with Section 375A of the Local Government Act called for a Division. The Division resulted in 9 for and 0 against as follows:



B2: ENVIRONMENTAL SERVICES DEPARTMENT REPORTS

B2:1 BIODIVERSITY OFFSET SCHEME AND POTENTIAL FOR STEWARDSHIP AGREEMENTS OVER COUNCIL LAND

FILE NO: EF12/79

ANNEXURES: Nil

AUTHOR: Paul Minett


Natural Environment – Ensure that Council’s policies and processes adequately protect and enhance our natural environment and biodiversity.

DELIVERY PROGRAM: There is no specific program/activity in the Delivery Program that encompasses this matter.

OFFICERS RECOMMENDATION: 1. That Council commit to the completion of a feasibility study into the Biodiversity

Stewardship value of 3 parcels of Council owned or managed land as identified in this report.

2. That an allocation of $6000 be included in the draft 2018-2019 budget for the purposes of completing the feasibility study.

Precis:

The purpose of this report is to provide a brief overview of the NSW Biodiversity Offset Scheme and the potential for some Council owned and managed land parcels to be established as Biodiversity Stewardship sites. The report seeks Council resolution to commit financial resources to complete a feasibility study to enable future informed decision making in this area.

******** COUNCIL RESOLUTION 1. That Council commit to the completion of a feasibility study into the

Biodiversity Stewardship value of 3 parcels of Council owned or managed land as identified in this report.

2. That an allocation of $6000 be included in the draft 2018-2019 budget for

the purposes of completing the feasibility study. Moved Cr G Riley, Seconded Cr J Lyon.

Defeated.

FORESHADOWED MOTION 37777 That Council defer the Feasibility Study into the Biodiversity Stewardship value

of the three parcels of land listed; A drainage reserve in Clarence Town; Abbotts Flat land in Dungog and Pilchers Reserve at Wallarobba and report back to Council on the availability of Crown Land as a Stewardship site. Moved Cr D Rayward, Seconded Cr S Low. On being put the foreshadowed motion became the motion and was then carried.


B3: INFRASTRUCTURE AND ASSETS DEPARTMENT

B3:1 TENDER 02/2018 – HIRE OF PLANT & EQUIPMENT

FILE NO: EF18/40

ANNEXURES: Nil

AUTHOR: Steve Hitchens

COMMUNITY STRATEGIC PLAN

Public Infrastructure & Services

DELIVERY PROGRAM: Asset Maintenance

OFFICERS RECOMMENDATION: That Council accept all conforming tenders for Tender 02/2018 – Hire of Plant & Equipment for the period 01 July 2018 to 30 June 2019. Precis: Reporting on Council Tender 02/2018 – Hire of Plant & Equipment for the period 01 July, 2018 to 30 June, 2019.

****** COUNCIL RESOLUTION 37778 That Council accept all conforming tenders for Tender 02/2018 – Hire of Plant

& Equipment for the period 01 July 2018 to 30 June 2019. Moved Cr J Connors, Seconded Cr K Murphy.

Carried.


B4: CORPORATE SERVICES DEPARTMENT

OFFICERS RECOMMENDATION: 1. That Council determine as to whether the Council should be attending the LGNSW

conference and appoint delegates to represent the Council. 2. That councillors bring forward matters that they wish to be submitted to the Annual

LGNSW Conference for consideration in accordance with the LGNSW’s criteria and checklist for submission of motions.

Precis: Reporting on the Local Government NSW Annual Conference 2018.

********** COUNCIL RESOLUTION 37779 1. That Council be represented at the LGNSW Conference in 2018 by the

Mayor and General Manager. 2. That councillors bring forward matters that they wish to be submitted to the Annual LGNSW Conference for consideration in accordance with the LGNSW’s criteria and checklist for submission of motions. Moved Cr D Rayward, Seconded Cr K Murphy.

Carried.

B4:1 LGNSW CONFERENCE 2018

FILE NO: EF07/34

ANNEXURES: Nil

AUTHOR: Shaun Chandler


Council Governance & Finance

DELIVERY PROGRAM: 7. Council maintains a regional outlook and seeks opportunities for regional cooperation.


B4:2 REQUEST FOR FINANCIAL ASSISTANCE TOWARD THE 2018 SPECIAL CHILDRENS CHRISTMAS PARTY

FILE NO: EF08/3

ANNEXURES: A Correspondence from Special Children’s Christmas Parties group



Community and Culture – Other council programs and activities supporting our community and culture.

DELIVERY PROGRAM: 11.4 Community Events

Road OFFICERS RECOMMENDATION: That Council donate $250 from the 2018/19 Section 356 Budget Allocation to the Special Children's Christmas Party 2018. Precis: Request for financial assistance toward the 2018 Special Children’s Christmas Party.

**********

COUNCIL RESOLUTION 37780 That Council donate $250 from the 2018/19 Section 356 Budget Allocation to

the Special Children's Christmas Party 2018. Moved Cr R Booth, Seconded Cr K Murphy.

Carried.


B4:3 BANDON GROVE SCHOOL OF ARTS REQUEST FOR RATE ASSISTANCE

FILE NO: EF08/261

ANNEXURES: B Correspondence from President of Bandon Grove School of Arts Hall

AUTHOR: Helen Mammino


Community & Culture – Other Council programs & activities supporting our community and culture

DELIVERY PROGRAM: 11.4 Community Events

Road OFFICERS RECOMMENDATION: That Council provide a rebate of $561.78 to the Bandon Grove School of Arts, being the total general rates raised on the property for the 2017/18 year for the following reason:

Rate relief would assist the Bandon Grove School of Arts towards payment of its annual insurance costs of approximately $3000 per annum - ensuring this building remains protected.

Precis: Request for rate assistance from the Bandon Grove School of Arts for the 2017/18 rate year.

********** COUNCIL RESOLUTION 37781 That Council provide a rebate of $561.78 to the Bandon Grove School of Arts,

being the total general rates raised on the property for the 2017/18 year for the following reason:

Rate relief would assist the Bandon Grove School of Arts towards payment of its annual insurance costs of approximately $3000 per annum - ensuring this building remains protected.

Moved Cr J Lyon, Seconded Cr K Murphy.

Carried.


B5: GENERAL MANAGERS REPORTS

OFFICERS RECOMMENDATION: Council provide in-principle support for two new races as part of Pedalfest 2018: 1. A criterium around the streets of Dungog on Saturday afternoon, 22 September,

2018; and 2. A sportive on Bingleburra Road on Sunday morning, 23 September. Precis: This report is to seek Council support for two new events to be added to the Pedalfest calendar during September 2018.

********* COUNCIL RESOLUTION 37782 Council provide in-principle support for two new races as part of Pedalfest

2018: 1. A criterium around the streets of Dungog on Saturday afternoon, 22

September, 2018; and 2. A sportive on Bingleburra Road on Sunday morning, 23 September. Moved Cr G Riley, Seconded Cr D Rayward.

Carried.

B5:1 PROPOSED ROAD CLOSURES FOR PEDALFEST - SEPTEMBER 2018

FILE NO: EF11/88

ANNEXURES: Nil

AUTHOR:

Ivan Skaines - Economic Development and Tourism Co-ordinator


Local Economy

DELIVERY PROGRAM: Strategy 5: Identify and develop local tourism opportunities


B5:2 CLOSED COUNCIL

FILE NO: N/A

ANNEXURES: Nil

AUTHOR: Coralie Nichols


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

DELIVERY PROGRAM: 2.1 Governance – Meetings.

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

with any late reports tabled at the meeting. 2. That 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 Sec 10A(2) as outlined above.

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

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

Precis: Report referring matters to Closed Council.

******** COUNCIL RESOLUTION 37783 1. That Council resolve into Closed Council to consider business

identified, together with any late reports tabled at the meeting. 2. That 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 Sec 10A(2) as outlined above.

3. That correspondence and reports relevant to the subject business be

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

Moved Cr R Booth, Seconded Cr J Lyon.

Carried.


C: REPORTS FROM COMMITTEES AND OUTSIDE ORGANISATIONS

C: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.

******** COUNCIL RESOLUTION 37784 That the minutes of the Management Committee Meeting be received and

noted. Moved: Cr R Booth, Seconded: Cr J Connors.

Carried.

Cr Wall declared a Non-Pecuniary interest in the following report and left the Chambers at 6.45 pm.


C:2 TRAFFIC AND ROAD SAFETY COMMITTEE

FILE NO: EF08/5

ANNEXURES: ‘B’ 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 22 May 2018 be received and adopted. f The Road Precis: Reporting on the Traffic and Road Safety Committee meeting held on 22 May 2018.

********** COUNCIL RESOLUTION 37785 That the Minutes of the Traffic & Road Safety Committee from its meeting of

22 May 2018 be received and adopted. Moved: J Lyon, Seconded: Cr R Booth.

Carried.

Cr Wall returned to the Chambers at 6.48pm.


E. NOTICE OF MOTION

E:1 MOTION TO REVOKE POLICY NO. C3:17

FILE NO: EF08/638

ANNEXURES: A Policy C3:17 - Provision of Electricity Supply to Rural Areas

AUTHOR: Councillor John Connors

MOTION: That Policy No. C3:17 – Provision of Electricity Supply to Rural Areas be revoked. Precis: Motion to Revoke Policy C3:17 – Provision of Electricity Supply to Rural Areas (Annexure ‘A’).

******** COUNCIL RESOLUTION 37786 That Policy No. C3:17 – Provision of Electricity Supply to Rural Areas be

revoked. Moved: J Connors, Seconded: Cr S Low.

Carried.

Cr Norman requested that her negative vote be recorded.


G: REPORTS FOR INFORMATION PURPOSES

G:1 DEVELOPMENT APPLICATIONS – DELEGATED AUTHORITY

FILE NO: EF08/228

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 May 2018.

****** COUNCIL RESOLUTION 37787

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

Carried.


OFFICERS RECOMMENDATION: That the report be received and the information noted. Precis: The purpose of this report is to advise Council of the commencement of a Drinking Water Catchment Assessment Project to be delivered in partnership with Port Stephens Council and Hunter Water Corporation. The project is a modification and an extension of the Septic Tank Improvement and Rectification Project (SIRP).


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

Carried.

G:2 DRINKING WATER CATCHMENT ASSESSMENT PROJECT

FILE NO: EF08/301

ANNEXURES: Nil

AUTHOR: Paul Minett


Natural Environment

DELIVERY PROGRAM: Ensure that Local Waterways and Riparian Areas are Clean and Healthy


OFFICERS RECOMMENDATION: That the report be received and the information noted.

Precis: This report is to provide a further update regarding the transition process as the new Crown Lands Management Act is commencing on 1 July 2018.


That the report be received and the information noted. Moved: R Booth, Seconded: Cr J Lyon.

Carried.

G:3 CROWN LANDS ACT - CHANGES TO PROCESS

FILE NO: EF08/49

ANNEXURES: ‘A’ ‘B’

Local Government Circular June 2018 Current Crown Land Parcels in Dungog Shire

AUTHOR: Michelle Viola


Recreation and Open Space

DELIVERY PROGRAM: 1. Ensure that local recreational and sporting facilities reflect

the needs and interests of a growing community.


G:4 WORKS PROGRESS REPORT

FILE NO: EF08/208

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

AUTHOR: Nigel Atkins



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 April 2018.

******

COUNCIL RESOLUTION 37790

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

Carried.


G5: STATEMENT OF INVESTMENTS

FILE NO: EF08/220

ANNEXURES: D Statement of Investments

AUTHOR: Ben Hamilton


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 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.

********** COUNCIL RESOLUTION 37791

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

Carried.


G6: WORKS COST STATEMENT

FILE NO: EF08/221

ANNEXURES: E Works Cost Statement

AUTHOR: Ben Hamilton


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 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.


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

Carried.


G7: 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.


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

Carried.


G8: AUDIT OFFICE REPORT ON LOCAL GOVERNMENT 2017

FILE NO: EF07/39

ATTACHMENT: Nil

AUTHOR: Tim Drew


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

DELIVERY PROGRAM: 5.1 Finance - Budget

OFFICERS RECOMMENDATION: That the report “Report on Local Government 2017 – Audit Office of NSW” be received and noted.

Precis: The Audit Office of NSW has released its first report on the statutory financial audits of Councils. The 2017 financial year was the first year that the Audit Office of NSW was responsible for the auditing of all local councils in NSW. The report provides an overall assessment of key issues identified during the audits, the financial performance of the sector and areas requiring improvement.

****** COUNCIL RESOLUTION 37794 That the report “Report on Local Government 2017 – Audit Office of NSW” be

received and noted. Moved: D Rayward, Seconded: Cr J Connors.

Carried.


G9: NSW OFFICE OF LOCAL GOVERNMENT CIRCULARS

FILE NO: EF08/142

ANNEXURES: Nil


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.

******** COUNCIL RESOLUTION 37795

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

Carried.


BUSINESS OF AN URGENT NATURE Nil.

CLOSED COUNCIL MOTION

37796

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 R Booth, Seconded: Cr G Riley. Carried.

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

MOTION

37797 That Council move into Committee of the Whole.

Moved Cr S Low, Seconded: Cr D Rayward. Carried.

Council resolved into Committee of the Whole at 7.25 pm.

MOTION

37798

That Council resume Closed Council.

Moved Cr S Low, Seconded: Cr J Connors. Carried.

Council resumed Closed Council at 8.03 pm.

MOTION

37899

That Council resume the Order of Council business. Moved Cr S Low, Seconded: Cr J Connors.

Carried.The Order of Council business resumed at 8.05 pm.


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

H: INFRASTRUCTURE AND ASSETS DEPARTMENT

H:1 ROAD ACCESS – TORRYBURN TO CLEMENTS ROAD

FILE NO: EF08/194

ANNEXURES: ‘A’ Legal Opinion – Torryburn to Clements Road

AUTHOR: Steve Hitchens

COMMUNITY STRATEGIC PLAN


DELIVERY PROGRAM: 8. Council Programs and Activities Supporting Public Infrastructure and Services

OFFICERS RECOMMENDATION: It is recommended that Council:-

1. Write to the four (4) affected landowners advising of the intention to create an easement in gross for emergency use only and seeking their support in principle for this process;

2. If support in principle is provided, Council engage further legal advice for the wording of an easement in gross and have this ratified by our insurers;

3. If support in principle is not provided, a further report be provided to Council. Precis: To provide Council with current information regarding the establishment of a Public Road or Easement Access between Torryburn Road and Clements Road

******

COUNCIL RESOLUTION 37800 That Council:

1. Write to the four (4) affected landowners advising of the intention to

create an easement in gross for emergency use only and seeking their support in principle for this process;

2. If support in principle is provided, Council engage further legal advice for the wording of an easement in gross and have this ratified by our insurers;

3. If support in principle is not provided, a further report be provided to Council.

Moved: Cr S Low, Seconded: Cr R Booth. Carried.

Councillors Norman and Wall requested their negative votes be recorded.


There being no further business the meeting terminated at 8.06 pm. Confirmed: ................................................

Mayor

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

Confirmed: …............................................. General Manager

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

ordinary meeting minutes 20 june 2018€¦ · page 2 dungog shire council ordinary meeting minutes...

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