public agenda 29 august 2016 - lithgow city...

A CENTRE OF REGIONAL EXCELLENCE

AGENDA

ORDINARY MEETING OF COUNCIL

TO BE HELD AT

THE ADMINISTRATION CENTRE, LITHGOW

ON

29 AUGUST 2016

AT 7.00pm

AGENDA

ACKNOWLEDGEMENT OF COUNTRY APOLOGIES PRESENT CONFIRMATION OF THE MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON 8 AUGUST 2016. DECLARATION OF INTEREST PUBLIC FORUM PRESENTATIONS MAYORAL MINUTES – Nil STAFF REPORTS General Managers Reports Environment and Development Reports Operation Reports Corporate and Community Reports COUNCIL COMMITTEE MINUTES Sports Advisory Committee Meeting Minutes - 26 July 2016 Business and Industry Investment Committee - 28 August 2016 Operations Committee Meeting - 28 July 2016 Tourism Advisory Committee Meeting - 3 August 2016 Community Development Committee Minutes - 9 August 2016 DELEGATES REPORTS – Nil NOTICES OF MOTION Use of Police Force to Remove Councillors from the Council Chambers - Clr J McGinnes Refund of GIPA for Financial Report on Lithgow Aquatic Centre Indoor Heated Pool to Clr Martin Ticehurst - Clr J McGinnes Reconsideration of the Naming of The Meadow Flat Community Hall - Clr J McGinnes QUESTIONS WITH NOTICE Lithgow City Council Sponsored Christmas in July Ball - Clr M Ticehurst

NOTICE OF RECISSIONS – Nil BUSINESS OF GREAT URGENCY as identified by Clause 241 of the Local Government (General) Regulations 2005 CLOSED COUNCIL Notice of Motion - Staff Survey Update

TABLE OF CONTENTS ITEM TITLE PAGE

GENERAL MANAGERS REPORTS 5

ITEM-1 GM - 29/08/16 - CLARENCE ACCESS - ZIG ZAG RAILWAY 5

ITEM-2 GM - 29/08/16 - RURAL FIRE SERVICE REMOTE AREA FIREFIGHTING TEAM (RAFT) TRAINING CENTRE

8

ITEM-3 GM - 29/08/16 - EXCLUSION OF NOTICE OF MOTION 12

ENVIRONMENT AND DEVELOPMENT REPORTS 14

ITEM-4 ENVIRO - 29/08/16 - DA140/16 PROPOSED SCOOTER & BIKE TRACK - PAINE STREET PORTLAND AND MANAGEMENT OF CROWN RESERVE

14

ITEM-5 ENVIRO - 29/08/16 - ENDORSEMENT LEASE COMMUNITY NURSERY

17

ITEM-6 ENVIRO - 29/08/16 - DA142/16 - PROPOSED TELECOMMUNICATION FACILITY Lot 1801 DP 1125152, 111 MAGPIE HOLLOW ROAD SOUTH BOWENFELS NSW 2790.

21

ITEM-7 ENVIRO - 29/08/16 - DA207/12 CALLING IN OF DEVELOPMENT APPLICATION - CIVIL WORKS PROPOSED MODIFICATION

24

ITEM-8 ENVIRO - 29/08/16 - MODIFICATION OF CONSENT (S96024-16), DA207/12 APPROVED GRAVEL PIT-CIVIL WORKS

26

ITEM-9 ENVIRO - 29/08/16 - CALLING IN OF DA180/16 - PROPOSED DUAL OCCUPANCY - 21 KIRKLEY STREET SOUTH BOWENFELS

31

ITEM-10 ENVIRO - 29/08/16 - PROPOSED REMOVAL OF SPRINGVALE LOCALITY

32

ITEM-11 ENVIRO - 29/08/16 - CLARENCE COLLIERY COMMUNITY CONSULTATIVE COMMITTEE- PROPOSED NEW MEMBER

34

ITEM-12 ENVIRO - 29/08/16 - DEVELOPMENT AND CONSTRUCTION APPROVALS - 2011-2016 COMPARATIVE FIGURES

36

OPERATION REPORTS 38

ITEM-13 OPER - 29/08/16 - WATER REPORT 38

CORPORATE AND COMMUNITY REPORTS 42

ITEM-14 CORP - 29/08/16 - COUNCIL INVESTMENTS HELD TO 31 JULY 2016

42

ITEM-15 CORP - 29/08/16 - END OF TERM REPORT 2012 - 2016 45

COUNCIL COMMITTEE MINUTES

47

ITEM-16 OPER - 29/08/16 - SPORTS ADVISORY COMMITTEE MEETING MINUTES - 26 JULY 2016

47

ITEM-17 EXEC - 29/08/16 - BUSINESS AND INDUSTRY INVESTMENT COMMITTEE – 28 AUGUST 2016

48

ITEM-18 OPER - 29/08/16 - OPERATIONS COMMITTEE MEETING - 28 JULY 2016

49

ITEM-19 CORP - 29/08/16 - TOURISM ADVISORY COMMITTEE MEETING - 3 AUGUST 2016

51

ITEM-20 CORP - 29/08/16 - COMMUNITY DEVELOPMENT COMMITTEE MINUTES - 9 AUGUST 2016

52

NOTICE OF MOTION 54

ITEM-21 NOTICE OF MOTION - 29/08/16 - USE OF POLICE FORCE TO REMOVE COUNCILLORS FROM THE COUNCIL CHAMBERS – CLR J MCGINNES

54

ITEM-22 NOTICE OF MOTION - 29/08/16 - REFUND OF GIPA FOR FINANCIAL REPORT ON LITHGOW AQUATIC CENTRE INDOOR HEATED POOL TO CR MARTIN TICEHURST – CLR J MCGINNES

55

ITEM-23 NOTICE OF MOTION - 29/08/16 - RECONSIDERATION OF THE NAMING OF THE MEADOW FLAT COMMUNITY HALL – CLR J MCGINNES

56

QUESTIONS WITH NOTICE 58

ITEM-24 QUESTION WITH NOTICE - 29/08/16 - LITHGOW CITY COUNCIL SPONSORED CHRISTMAS IN JULY BALL - CLR M TICEHURST

58

BUSINESS OF GREAT URGENCY 59

CLOSED COUNCIL 60

ITEM-25 CONFIDENTIAL - CLOSED COUNCIL - NOTICE OF MOTION - 29/08/16 - STAFF SURVEY UPDATE – CLR J McGINNES

60

CLOSED REPORTS Error! Bookmark not defined.

ITEM-25 CONFIDENTIAL - CLOSED REPORT - NOTICE OF MOTION - 29/08/16 - STAFF SURVEY UPDATE – CLR J McGINNES

Error! Bookmark not defined.

29 August 2016 AGENDA – ORDINARY MEETING OF COUNCIL

Page 5

GENERAL MANAGERS REPORTS

ITEM-1 GM - 29/08/16 - CLARENCE ACCESS - ZIG ZAG RAILWAY

REPORT BY: R BAILEY - GENERAL MANAGER

REFERENCE

Min 15-29: Ordinary Meeting of Council held on 9 February 2015 Min 15-39: Ordinary Meeting of Council held on 2 March 2015 Min 15-192: Ordinary Meeting of Council held on 17 August 2015 Min 16-05: Ordinary Meeting of Council held on 8 February 2016

SUMMARY

The report provides further update in relation to the negotiations for the road access at Clarence and Zig Zag Railway.

COMMENTARY

In February 2015 notice was given by Zig Zag Railway Co-Op Pty Limited (ZZR) that the illegal use of its land for access from Chifley Road to the Newnes Plateau was to be ceased. The concern by ZZR was that traffic looking to access the Newnes Plateau crossed ZZR land on at least two occasions before the track enters onto Crown land. ZZR felt that it became a public liability concern for the organisation and hence proposed to close the access. Following the presentation of a Notice of Motion by Councillor Hunter at the Ordinary Meeting of Council held on 9 February 2015 Council resolved the following:

15-29 RESOLVED THAT Council: 1. Dedicate Lot 1 DP 917875 as a Council Road. 2. Request Zig Zag Rail remove all infrastructure from Lot

1 DP 917875. 3. Enter into discussions with Zig Zag Rail for a land swap to

accommodate both Road and Rail in this area. 4. Have discussions with Crown Lands Department to achieve

access over Crown Land in this area. Since that time discussions were held with Zig Zag Railway Co-op Pty Limited. See letter from John Mulally on behalf of ZZR. Following those discussions and negotiations Council on March 2015 subsequently resolved:


Page 6

15-39 RESOLVED THAT Council: 1. Endorse the action taken in the signing of the Deed of Licence

with Zig Zag Railway Co-op Pty Limited inclusive of:

Council providing full indemnity in favour of Zig Zag Railway, its Directors and Officers against any liability or risk arising from any use of that access way by any party while it is under control of Council;

On condition that the access will be closed if Council relinquishes control of any part of the access way;

Council to pay Zig Zag Railway reasonable legal costs in relation to the negotiation and execution of the Licence.

The preservation throughout the term of the licence of the current usage which Zig Zag Railway has over the lands affected by the Licence.

Council not requiring Zig Zag Railway to remove any rail infrastructure or other items from Council owned land at Clarence during the term of the licence; and

That Council agrees to negotiate in good faith during the term of the licence in relation to the issues of fencing, culvert, level crossing, Interface Agreement and road dedication.

Liability indemnity was provided to ZZR and discussions took place principally in relation to:

1. The exchange of lands for the road access from the Bells Line of Road to the Crown Lands north of the level crossing

2. Safety fencing between the railway line and the access road 3. Drainage and the culvert under the railway line and level crossing 4. Signage for the level crossing 5. An assessment of the Australian Standard for Assessing Level

Crossings (ALCAM) Since this time further discussions have been held with ZZR with a view to:

a) Create a road reserve from Chifley Road to north of the rail crossing. Any remaining lands be transferred to ZZR. The rail crossing would be Council’s.

b) A Rail Interface Agreement for the rail crossing would need to be negotiated.

c) Council see the transfer of lands for a road reserve from the Crown for the area north of the crossing to the Old Bells Road.

POLICY IMPLICATIONS NIL at this stage FINANCIAL IMPLICATIONS Survey and legal costs.


Page 7

LEGAL IMPLICATIONS A Deed of Licence has been entered into with Zig Zag Railway permitting public access for traffic to enter onto land owned/controlled by ZZR and traverse the railway line to access the Newnes Plateau area. This Deed currently expires on 30 June 2017.

ATTACHMENTS

1. Letter from John Mulally and Associates – Cessation of illegal use of Land at Clarence

2. Map of the Clarence area with ownership details

RECOMMENDATION

THAT Council:

1. Endorse the action taken to date in relation to the securing of the Clarence access

2. Subject to confirmation of appropriate rail safety regulations, authorise Council’s General Manager to enter into a land exchange with Zig Zag Railway Co-op Pty Limited for the creation of an access road from Chifley Road to the nearby rail crossing with any remaining lands not required by Council to be transferred to Zig Zag Railway Co-op Pty Limited.

3. Be responsible for survey costs whilst sharing legal costs on a 50:50 basis.

4. Not pay any additional monies or seek any additional monies for the land exchange.

5. Make application to Crown Lands for the transfer of the track north of the rail crossing to be transferred to Council for the purpose of a road reserve (maximum 600metres) to connect with the Old bells Road.

6. Authorise the affixing of the Council seal to the necessary documents.


Page 8

ITEM-2 GM - 29/08/16 - RURAL FIRE SERVICE REMOTE AREA FIREFIGHTING TEAM (RAFT) TRAINING CENTRE


REFERENCE

Min No. 16-34: Ordinary Meeting of Council held on 29 February 2016 Min No. 16-74: Ordinary Meeting of Council held on 18 April 2016 Min No. 16-172: Ordinary Meeting of Council held on 18 July 2016

SUMMARY

This report is to provide advice in relation to the negotiations to locate a Rural Fire Service (RFS) Remote Area Training Centre (RAFT) in the Lithgow Local Government Area (LGA).

COMMENTARY

In June 2015 the NSW State Government announced funding to build four regionally based remote area volunteer training centres. The opportunity arose for one of these to be located in the Lithgow Local Government Area. The Rural Fire Service RAFT Centre would provide a range of economic and social benefits for the LGA including strengthening employment opportunities and supporting local businesses. The new training centre would significantly increase the capability of the NSW RFS to deliver and improve services by providing a regional location for the training of specialist volunteer firefighters and reducing the requirement for volunteers to travel to Sydney to undertake training. DESCRIPTION OF PROPOSAL The training centre will provide the opportunity for volunteers to undertake training in helicopter operations including, winching, hover entry/exit operations, helicopter safety in an enclosed all weather environment. The centre will also have the capability for specialist volunteers to undertake training in vertical access and roping techniques in a controlled all weather environment. The centre will further operate as a storage location for specialist firefighting equipment and allow for specialist volunteer firefighters to undertake additional training in remote area operations, remote area first aid, trail bike operations and other specialist training programmes. The centre would have a positive impact on local businesses in Lithgow. The facility is expected to be utilised at least once a month for RAFT activities and depending on the training occurring training groups of up to 16-20 people are anticipated. It is expected that on almost all occasions overnight accommodation within the Lithgow LGA will be required for training groups from one (1) to four (4) nights.


Page 9

SITE IDENTIFICATION Council lodged a Resources for Regions expression of interest in April 2016 for the proposed RAFT Centre, with the aim of securing funding for the land and infrastructure components of the development on a site in Marrangaroo. Unfortunately that application was not successful. It then became necessary for both parties to investigate an alternative site to accommodate the development. A range of sites were shortlisted by Council officers taking into consideration the site characteristics required for the development of the RAFT Centre by the RFS. Following inspection of the identified sites by the RFS and Council, an area within Blackman's Flat was considered to be the preferred site. The identified site is owned by Centennial Coal and an approach was subsequently made to the company regarding the possibility of locating the centre on the subject land. Centennial have advised that they would be supportive of the proposal, subject to conditions outlined below. NEGOTIATIONS WITH CENTENNIAL COAL With the advent of this proposal an opportunity now exists to resolve a number of issues in relation to land tenure for both Council and Centennial Coal at Blackman's Flat. Blackman's Flat is also the proposed future site of Council's landfill site to be located within Lot 42 DP 751636. Centennial also has interests in the area with its washery (Western Coal services) along with other mining interests. The company therefore has an interest in securing long term access over Lot 42 DP 751636 for its coal handling and preparation operations on land controlled by Springvale Colliery to the south of the Council site. Discussions took place between the company and Council and the following matters were discussed (reference may need to be made to the attached map):

Item 1 - Land Tenure options for the proposed RFS RAFT facility at Blackmans Flat Parties agreed that to avoid any major costs or write downs for either

party a long term commercial lease for the site required to construct and operate the facility would be the best option

Springvale have a high volume dust sampler and associated power supply located on this land that may need to be catered for in the lease or relocated.

All other existing structures including dwellings and outbuildings would be removed by Centennial prior to finalisation of lease

Item 2 - Land Tenure options for existing and proposed infrastructure owned by Centennial Coal on Lot 42 DP 751636 (Lot 42) Parties agreed that a long term lease / compensation agreement for the

southern portion of Lot 42 on similar commercial terms to Item 1 is appropriate

As part of this agreement Centennial Coal will need to provide long term access to the proposed waste facilities should the proposed Angus Place Haul Road be constructed over Lot 42


Page 10

Item 3 - Access Agreement granting Council use of the Springvale WCS access road. Initially a simple access agreement is required for Council staff and

contractors to use the Springvale Western Coal Services access road over Lot 1 DP 872119 and Lot 26 DP 126483 between the Castlereagh Highway and Lot 42

Once the waste management facility has been constructed Council requested that the part of the access road within the agreement would need to be converted to a public road. Centennial Coal needs to further investigate the implications of this matter for their DA.

Item 4 - Landowner agreement by Council to allow Springvale Colliery to relinquish parts of surface mining lease CCL733 The area to be relinquished includes an old open cut void that was not

rehabilitated at the request of Council as it was to form part of the proposed waste management facility at the site

Sign off by Council would need to confirm that the existing state of the land was appropriate for its planned future land use.

Item 5 – Proposed RFS RAFT DA and Construction Schedule The current schedule for the RAFT DA to be lodged is the 2016 – 2017

year The current schedule for construction the facility is the 2017 – 2018 year To meet this schedule Council requires Centennial Coal to sign off on the

DA application for the proposed facility prior to the finalisation of the lease based on the current DA and construction schedule.

This outcome has benefits for both parties and is yet another example of how the two organisations have worked together for the benefit of the local community. POLICY IMPLICATIONS NIL at this stage FINANCIAL IMPLICATIONS NIL at this stage apart from legal expenses. LEGAL IMPLICATIONS As per the above report and recommendation

ATTACHMENTS

1. Diagram of proposed lease area at Blackmans Flat 2. Map/Diagram of Blackmans Flat 3. Plans of RFS Remote Area Training Centre 4. Media Release – 2015-16 Budget, Building Our Future


Page 11

RECOMMENDATION

THAT Council: 1. Endorse the action taken thus far in relation to the development of a

Rural Fire Service Remote Area Training Centre 2. Enter into arrangements with Centennial Coal (lease, licence, sale or

acquisition) for establishment of the Rural Fire Service Remote Area Training Centre within Lot 11-20 DP 14100, Lot 26-31 DP 14100 & Lot 1 DP 872119.

3. Enter into arrangements with Centennial Coal (lease, licence, sale or acquisition) for use of Council land within Lot 42 DP 751636 by Centennial Coal as identified in Item 2

4. Enter into arrangements with Centennial Coal to establish an access agreement over Lot 1 DP 872119 and Lot 26 DP 126483 between the Castlereagh Highway and Lot 42 as identified in Item 3.

5. Enter into arrangements with Centennial Coal to convert the access arrangement in (4) above to public road once the Council Waster Management Facility is established on Lot 42.

6. Authorise Council’s General Manager to finalise negotiations in relation to the items above

7. Authorise Council’s General Manager to relinquish, if conditions are satisfactory, Mining Lease CCL733

8. Authorise the affixing of the Council seal to any necessary documentation in relation to these matters


Page 12

ITEM-3 GM - 29/08/16 - EXCLUSION OF NOTICE OF MOTION


SUMMARY

A Notice of Motion has been deemed to be unlawful and excluded from the business paper in accordance with Clause 240 of the NSW Local Government (General) Regulation 2005.

COMMENTARY

The General Manager is in receipt of a Notice of Motion presented for this meeting of Council. The matter has been determined by the General Manager to be unlawful and therefore the Notice of Motion has not been included as part of the business paper for this Council meeting. In accordance with Clause 240 of the NSW Local Government (General) Regulation 2005 the General Manager must report such exclusions to the next meeting of Council. The relevant section of the Regulation is: Clause 240 Agenda and business papers for council meetings

(1) The general manager must ensure that the agenda for a meeting of the council states: (a) all matters to be dealt with arising out of the proceedings of

former meetings of the council, and (b) if the mayor is the chairperson-any matter or topic that the

chairperson proposes, at the time when the agenda is prepared, to put to the meeting, and

(c) subject to subclause (2), any business of which due notice has been given.

(2) The general manager must not include in the agenda for a meeting of

the council any business of which due notice has been given if, in the opinion of the general manager, the business is (or the implementation of the business would be) unlawful. The general manager must report (without giving details of the item of business) any such exclusion to the next meeting of the council.

POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS Local Government (General) Regulations 2005


Page 13

RECOMMENDATION

THAT Council note the report on the exclusion of a Notice of Motion due to the item being declared unlawful and therefore excluded from the Business Paper in accordance with Clause 240 of the NSW Local Government (General) Regulation 2005.


Page 14

ENVIRONMENT AND DEVELOPMENT REPORTS

ITEM-4 ENVIRO - 29/08/16 - DA140/16 PROPOSED SCOOTER & BIKE TRACK - PAINE STREET PORTLAND AND MANAGEMENT OF CROWN RESERVE

REPORT BY: A MUIR – GROUP MANAGER ENVIRONMENT & DEVELOPMENT

REFERENCE

Min No 16-80 Ordinary Meeting of Council held on 18 April 2016

SUMMARY

To update Council on the progress of DA140/16 for a proposed scooter/bike track at Paine Street, Portland and determine whether Council becomes Trust Manager of Crown land.

COMMENTARY

Council is in receipt of a Development Application DA140/16 from Portland Sport & Recreation Club Incorporated for a scooter and bike track on land known as Lot 7003 DP 1027290, Paine Street, Portland. The land is currently vacant with a public playground set on the lower section of the allotment. The land contains scattered vegetation including native trees and grasses and has previously been used as a nature reserve. Some vegetation removal and earthworks have been carried out on the land. The proposed track is to formed using soil berms and the natural slope of the site which is 1.935ha is size. The track is to be used between a maximum of 8:00am to 7:30pm (to include daylight savings times) with electric scooters and bikes hired by the public from the club. A maximum of 10 scooters and 6 bikes will be used at any one time. The land will be maintained with a compact trailer and mower. The proposal includes car parking area at the top of the land with approximately 20 car spaces available. No buildings are proposed onsite with the scooters/bikes being transported to the site using a specialised trailer. The trailer will be brought to site when the club is operating and includes toilet facilities for staff and a canteen for pre-packaged food. The land is Crown Land and is zoned RE1 Public Recreation under Lithgow Local Environmental Plan 2014 (LEP2014). The proposed development, defined as a “recreation facility (outdoor)”, is permissible in the zone under LEP2014. The development has been under assessment and referred to the Department of Primary Industries – Lands (the Crown), Council’s Operations Department and Council’s Environmental Officer. Notification of the proposal was also sent to surrounding landowners and placed on public display in Council’s Administration Building for a period of 14 days with two (2) submissions received. A community meeting was held on 19 July 2016 after the exhibition period as a result of Council


Page 15

resolution Min No 16-80 with Councillors, Council staff, the applicant and surrounding landowners attending. As a result of discussion an additional 2 submissions were received. The total submissions on the proposal are to four (4) with 3 against and 1 raising concerns for consideration. Following the community meeting and receipt of submissions, Council officers requested additional information from the applicant. This additional information was not submitted by the applicant in time for proper assessment and report to the Ordinary Council Meeting of 29 August 2016. Irrespective of this, the applicant has now indicated that the matter needs to proceed or funding will be lost. It is noted the application has not been ‘called in’ for determination. However, due to the public interest, the applicant and members of the community have an expectation that application be determined at a Council meeting.

OTHER MATTERS

The proposed development is on land owned by the Crown and landowners consent was required accordingly. In providing the initial landowners consent the Department of Primary Industries advised that such was granted subject to conditions being met including the transfer of management of the land to a Trust between Lithgow City Council and the Portland Sports and Recreation Club. The legal position is that landowners consent cannot be given subject to conditions and the Department subsequently acknowledged their consent was unconditional. However, the following comments by the Crown during this process can be considered separately in the context of Council determining whether it becomes Trust Manager.

That Lithgow City Council makes formal request to DoI - Lands to be appointed as Trust Manager of Lot 7003 DP 1027290 for the purposes of ‘Public Recreation’ and ‘Environmental Protection’ under the Lithgow City Council Crown Reserves Reserve Trust.

That Lithgow City Council Crown Reserves Reserve Trust

enters into a Trust Tenure Licence with Portland Sport & Recreation Club for establishment and day to day management of the proposed BMX bike track in respect of Lot 7003 DP 1027290.

CONCLUSION Whilst at the time of this report, the development application was not ready for determination, the next Council meeting where it could be determined will not be until 10 October 2016. The issue of the trusteeship cannot be finalised until the development application has been determined. The applicant has indicated that this delay will have an impact on funding that could effectively end the project. Whilst there are issues of merit raised in submissions that require assessment, it is hoped that these can be addressed. Therefore, it is suggested that Council delegate the authority to the General Manager to determine the development application. Then, if the development application is approved, a process be put in place that allows the trusteeship to be requested without the need for further Council resolution.


Page 16

POLICY IMPLICATIONS The application has been notified in accordance with Policy 7.5 Notification of Development Applications. The Development Application has not been called in and therefore Policy 7.7 Calling in of Development Applications is not applicable to this application. If Council is to become Trust Manager of the land, it will not take on ownership so Policy 1.2 - Asset Acquisition will not strictly apply. However, ensuring ongoing management responsibility of the land is the responsibility of the Portland, Sport and Recreation Club will defray any potential ongoing costs. FINANCIAL IMPLICATIONS Section 94A Development Contributions Plan 2015 The Section 94A plan applies to this development for a scooter and bike track, however no levy is applicable given the estimated cost is under $100,000. Therefore, no contribution is to be levied as part of this application. Trust Management of Crown reserve Entering into a Trust Tenure Licence with the Portland, Sport and Recreation Club will defray any potential ongoing costs. LEGAL IMPLICATIONS In determining a development application, Council is required to take into consideration the matters of relevance under Section 79C of the Environmental Planning and Assessment Act 1979. A full assessment is yet to be undertaken.

RECOMMENDATION

THAT 1. The progress of DA140/16 for a proposed scooter/bike track at Paine

Street, Portland be noted 2. The General Manager be delegated authority to determine DA140/16 once

a full 79C assessment under the Environmental Planning and Assessment Act 1979 is undertaken.

3. Should development consent be granted, Council formally request appointment as Trust Manager of Lot 7003 DP 1027290 for the purposes of ‘Public Recreation’ and ‘Environmental Protection’ under the Lithgow City Council Crown Reserves Reserve Trust.

4. Subject to its formal appointment as Trust Manager of Lot 7003 DP 1027290, Council enter into a Trust Tenure Licence with Portland Sport & Recreation Club for establishment and management of a scooter/bike track in respect of Lot 7003 DP 1027290, excluding the land occupied by the Council Playground.

5. In entering into a Trust Tenure Licence with Portland Sport & Recreation Club, the Club be responsible for all ongoing maintenance of the land; maintaining safe public access to the land; maintaining the necessary insurances; and rehabilitating the land to natural bushland in the event that the use of the land for a scooter/bike track ceases.


Page 17

ITEM-5 ENVIRO - 29/08/16 - ENDORSEMENT LEASE COMMUNITY NURSERY


REFERENCE

Min No 392-2004: Ordinary meeting of Council held 22 March 2004 Min No 04/667: Ordinary meeting of Council held 15 June 2004 Min No 14-485: Ordinary meeting of Council held 15 December 2014

SUMMARY

The purpose of this report is to:

Advise of the outcome of public exhibition of the lease proposal for the Lithgow and District Community Nursery (LDCN)

Seek Council endorsement to a 21 year lease of ‘community’ classified public land being part of Lot 11 DP 1029892, known as 2A Coalbrook St Lithgow, to LDCN to operate a Community Nursery in accordance with the terms outlined in this report

BACKGROUND

Council at its meeting of 15 December 2014, resolved to endorse the proposed lease with the LDCN for exhibition in accordance with clause 47 & 47A of the Local Government Act 1993. The exhibition period concluded with one (1) submission being received from LDCN, in relation to the format of the lease clauses. No other submissions where received on the matter, however the matter was delayed due to negotiation of minor variations requested by LDCN. The proposal is now presented to Council for final determination. PUBLIC EXHIBITION The proposed lease was placed on public exhibition with only 1 submission received during the period. The submission was lodged by the LDCN, and the table below outlines the matters raised in the submission:

SUBMISSION COMMENTSItem 14B – Comma required after the word water

Noted

Item 21 – requirement to pay Watercharges needs to be removed from this item

Noted

Item 27 – Lease cannot continue on month to month due to legislative requirements for Community land

Noted

Annexure C – All fixtures are owned by the LDCN

Noted. Lease clauses amended to reflect responsibilities of lessee in terms of maintenance of structures on the site.


Page 18

MATTERS AFFECTING THE GRANTING OF LEASE Public Land Classification The subject land has a total site area of 5.09ha of which approx 6800sqm is currently utilised by the LDCN and is the subject of the proposed lease. The land is classified as “Community” in accordance with s.25 & 26 of the Local Government Act 1993, and is categorised as “General Community Use” under the Lithgow Generic Community Lands Plan of Management (POM) 2013. Environmental Planning Instrument – Land Zoning The proposed lease area is zoned part R1 General Residential and RE1 Public Recreation under Lithgow Local Environmental Plan 2014. The use of a “plant nursery” can continue upon the subject site under existing use rights. The land is partially subject to inundation in a 1:100 year flood event, as indicated in the Kinhill Study 1991. Site Access The LDCN currently accesses the site off Coalbrook St, via adjoining private land to the east. The established access point is the original concrete access driveway that was utilised by the Hermitage Colliery that is now privately owned. The LDCN have negotiated an informal agreement with the adjoining owner for the continued use of this access. This arrangement has been referenced in the lease.

COMMENTARY

The proposed lease of this site as a community nursery is authorised in accordance with s.46 of the Local Government Act 1993, and s.8.7(2) of the Generic Community Lands POM 2013. The proposed terms of the lease as endorsed by Council as per Min 14-485 are as follows:

Lease Term 21yrs with no optionRental $1 per annum Legal Costs All legal costs be met by LDCNShare of Utilities Council subsidise water consumption charges (15/16 $21508.76), and

water, sewerage and garbage charges (15/16 $1368.18). Rent Review Nil Public Liability $20M or amount required by Council at the time of renewal of the

lessee’s public liability policy

The LDCN is a volunteer community organisation that plays an important role in environmental restoration projects in the Cox’s River Catchment. The financial support and subsidies as resolved as part of the lease aligns with Council’s objective of supporting community organisations and balancing, protecting and enhancing our environment, for the enjoyment and support of both current and future generations and to improve the quality of life of the community. This aligns with Council’s strategy to Enhance our Natural Environment and Care for our Community in the Community Strategic Plan 2026.


Page 19

POLICY IMPLICATIONS Nil arising from the recommendations of this report Policy 1.1 Leases – Legal Costs Lessee to meet all legal costs associated with preparation and registration of lease. Policy 10.14 Property Leases Any rental reductions from market rent to be reported to Council. FINANCIAL IMPLICATIONS The lease will generate:

Rental income of $1.00 pa for period of lease (the estimated market rental is $5,725.00p/a + CPI)

Council will continue to meet the following annual charges:

Water and Sewer Charges each year adjusted in accordance with annual fees and charges which at 15/16 were $21,508.76

Garbage Charges each year adjusted in accordance with annual fees and charges which at 15/16 were $1,368.18

Projected forward, Council’s subsidy to the LDCN for rental and rates and charges over the 21 year lease would be significant. LEGAL IMPLICATIONS The proposed lease of this site as a community nursery is authorised in accordance with s.46 of the Local Government Act 1993, and s.8.7(2) of the Generic Community Lands POM 2013. Council has complied with Section 47 and 47A of the Local Government Act relating to public notification and exhibition of the lease proposal prior to execution. Lease documents have been prepared by Council’s solicitor in compliance with current legislation.

ATTACHMENTS

1. Plan of land area subject to proposed lease.

RECOMMENDATION

THAT Council: 1. Endorse the lease between Council and the Lithgow and District

Community Nursery for the use of a 6,800m² section of Lot 11 DP 1029892 known as 2A Coalbrook St Lithgow, as shown on the attached plan, for the operation of a community native nursery, including growing, storing and selling native plants subject to the terms outlined in the lease.

2. Support the continuing subsidy of water, sewer and garbage charges and rental reduction as calculated annually, to the LDCN and note such support in the relevant section of Council’s future Delivery and Operational Plans.


Page 20

3. Lithgow and District Community Nursery to meet all Council’s legal costs associated with the subject lease in accordance with Council Policy 1.1 Leases - Legal Costs.

4. Authorise the affixing of the Council seal to the lease or associated documentation if required.


Page 21

ITEM-6 ENVIRO - 29/08/16 - DA142/16 - PROPOSED TELECOMMUNICATION FACILITY Lot 1801 DP 1125152, 111 MAGPIE HOLLOW ROAD SOUTH BOWENFELS NSW 2790.


SUMMARY

To advise of the lodgement of Development Application No. DA142/16 and to recommend approval subject to the conditions listed in the 79C report. As the development is proposed to be located on land owned by a relative of Councillor Inzitari it is reported to Council for determination in accordance with Council’s Policy.

COMMENTARY

Council is in receipt of a Development Application DA142/16 for a Mobile telecommunication facility on land known as Lot 1801 DP 1125152, 111 Magpie Hollow Road, South Bowenfels. The development is proposed to improve mobile coverage and access to enhance services via the Optus mobile network to the Lithgow area. The facility is proposed to include:

One new 40m monopole; Three new panel antennas, to be mounted on a headframe on top of the

pole; One new radio communication dish, to be mounted at 30m in height on

the pole; One new prefabricated equipment shelter, with a floor area less than

7.5m2, to be mounted at ground level; Installation of ancillary equipment associated with the operation of the

facility. The facility is proposed to be located within a 69.96m2 compound area that is proposed to be leased from the private property owner. The area is proposed to be enclosed by a 2.4m high chain-link security fence. The facility will not exceed a height of 42.5m above ground level, including the antennas. The development is proposed to be connected to electricity supplies and will operate on an unmanned basis. The tower will be in a shaded dull grey colour and be screened by existing vegetation. The property has an area of 15.25ha and adjoins Council’s water reservoir. Properties surrounding the development are predominantly rural residential developments. South of the property consists of rocky and heavily vegetated ridgelines. The facility is proposed to be located approximately 80m south of the closest residential boundary. There is an existing concrete access track from Magpie Hollow Road to the location of the facility. The facility is proposed to be located 100m from Magpie Hollow Road.


Page 22

During the notification period one submission was received. The submission outlined the following concerns:

1. The height of the tower would impact the aesthetic appearance in the vicinity specifically as it is proposed to be located on the road to a Lithgow Tourist attraction; Lake Lyell.

2. Concerns are raised regarding the health impacts of telecommunication towers and recommends that more studies should be undertaken.

Applicant’s Comments:

1. It is a technical requirement that the facility protrudes above surrounding buildings, trees and terrain features as the antenna signals are unable to move through dense physical objects. The facility is intended to service a relatively large area around Lithgow. The proposed site is at an elevation of 1006m, the ridgeline south of the site has an elevation of up to 1037m, with trees on the ridge adding an additional obstruction.

The proposed facility has been located and designed to minimise its visual impact on the surrounding area. The tower has been sited in a location where an established water utility infrastructure is already present. The site is setback from Magpie Hollow Road and is well screened by existing vegetation.

The monopole will retain a thin profile and will not block or dominate sight lines from various perspectives around the site. There are also existing utility structures such as high voltage power pylons located in the area that contain greater visual impact than the proposed tower.

Lake Lyell public viewing area is located approximately 3.6km from the site. Due to the ridgeline and surrounding vegetation, it is expected that the tower would have minimal visual impact.

2. All Optus facilities operate within the operational standards set by the

Australian Communication and Media Authority (ACMA) and Australian Radiation Protection and Nuclear Safety Agency. The Agency has a responsibility to ensure the health and safety of both people and the environment is protected from harmful effects of radiation. The proposed tower complies with the Australian standards and is considered to contain very low exposure levels.

Council Comment:

1. To reduce visual impacts to the surrounding area, the location of the development is proposed to be on a relatively low flat area, located 80m south of the closest residential boundary and setback 100m from Magpie Hollow Road, the height of the development is proposed to be 42.5m in height, a slim monopole structure, grey in colour (expected to blend with the skyline) and the development would be screened via existing vegetation. The height of the tower is satisfactory for the area and is considered to have minimal visual impacts specifically to Magpie Hollow Road.


Page 23

2. Provided the tower complies with Australian Standards, there will be no health impacts.

CONCLUSION The proposal complies with the relevant provisions of the applicable Environmental Planning Instruments. The proposal is not considered likely to have any significant negative impacts upon the environment or upon the amenity of the locality subject to conditions of consent being imposed. As such it is recommended that development consent be granted subject to the conditions as detailed within the 79C assessment (Attachment 1). POLICY IMPLICATIONS Council’s Policy 7.6 – Development Applications by Councillors and staff and relatives requires Development Applications to be referred to the elected Council for consideration and determination and that no aspect of the development is dealt with under delegated authority. Given that the property is owned by a relative of Councillor Inzitari, the proposal is reported to Council for determination. FINANCIAL IMPLICATIONS Council’s Section 94A Development Contributions Plan 2015 applies to this development given it is for a telecommunications facility’, at an estimated cost of $150,000. A condition would be placed on the consent for payment prior to the commencement of work. LEGAL IMPLICATIONS The application must be assessed in accordance with the heads of consideration of Section 79C of the Environmental Planning & Assessment Act 1979. A full assessment under Section 79C is attached.

ATTACHMENTS

1. Complete 79C Planning Report under separate cover.

RECOMMENDATION

THAT 1. Development Application 142/16 be APPROVED, subject to the conditions

outlined in the attached 79C report. 2. A DIVISION be called in accordance with the requirements of Section

375A(3) of the Local Government Act, 1993.


Page 24

ITEM-7 ENVIRO - 29/08/16 - DA207/12 CALLING IN OF DEVELOPMENT APPLICATION - CIVIL WORKS PROPOSED MODIFICATION


SUMMARY

To inform Council of the ‘calling in’ of modification of consent application S96024/16 pursuant to Council policy.

COMMENTARY

A Section 96 Modification of Development Consent Application has been received for an approved gravel pit/civil works development on land known as Lot 22 DP 633083, 542 Portland Road, Cullen Bullen. This application is ready for determination and is outlined in a separate report and an attached 79C Report for this Council meeting. The application has been called in for determination by Councillor McGinnes. POLICY IMPLICATIONS This application has been called in pursuant to Policy 7.7 “Calling in of Applications by Councillors” Item 3 that states:

3. Should written notice, signed by a minimum of one (1) Councillor, be received by the General Manager prior to determination of a development application or development application/construction certificate, the application shall not be determined under delegated authority but shall be:

Reported to the next Ordinary Meeting for the information of

Council that the development application or development application/construction certificate has been “called in”; and

Reported to an Ordinary Meeting of Council for determination. Item 4 under the Policy also states:

4. This policy does not apply to applications to modify development consents unless the modification represents a significant departure from the original application; would involve issues the subject of an objection with the original application; or where the modification application itself has been called in under the processes outlined in this policy.

The original application was approved by the elected Council (ordinary Meeting) on 29 July 2013 (Minute Number 13-266). The modification is considered to represent a significant departure from the original application and the policy also allows for the Section 96 application to be called in, in its own right. Consequently it is reported for determination.


Page 25

FINANCIAL IMPLICATIONS Nil LEGAL IMPLICATIONS No specific implications at this point of the process.

RECOMMENDATION

THAT the calling in of the Section 96 Modification of Development Consent Application S96024/16 associated with DA207/14 be noted.


Page 26

ITEM-8 ENVIRO - 29/08/16 - MODIFICATION OF CONSENT (S96024-16), DA207/12 APPROVED GRAVEL PIT-CIVIL WORKS

REPORT BY: A MUIR - GROUP MANAGER ENVIRONMENT & DEVELOPMENT

REFERENCE

Min No 13-266: Ordinary Meeting of Council held on 29 July 2013 for a proposed gravel pit/civil works.

SUMMARY

To assess and recommend determination of a Section 96 modification of consent application S96024/16 associated with DA207/12 which seeks to amend to modify Condition 5 relating to the life span of the development and Condition 34 relating to the lodgement of a Section 68 Application at 542 Portland Road, Cullen Bullen.

COMMENTARY

Council is in receipt of an application to modify Condition 5 of DA207/12 relating to life span of the development and Condition 34 in respect to the lodgement of a Section 68 Application under the Local Government Act. Condition 5 states:

5. The operations and activities of the development are to cease after 3 years from the date of this consent. Works after this date is for the rehabilitation purposes only.

The applicant advises that to date, no operations or activities have commenced on the property. The Section 96 Modification proposes to amend the condition so that the development would be undertaken in 3 stages rather than 3 years. The lifespan will be dependent upon demand and supply in the locality. The stages include:

Stage 1 having a quarry surface area of 11019m2 with a total excavation of 25960m3.

Stage 2 having a quarry surface area of 15005m2 (total after 2 stages) with a total excavation of 18696m3.

Stage 3 having a quarry surface area of 20000m2 (total after 3 stages) with a total excavation of 26630m3.

The original application was approved by Council for a Gravel Pit/Civil Works. The amount of extracted product and quarry surface area is not proposed to be amended from the original approval. It is anticipated that 2 hectares of the site would be excavated, with the total area of the property being 51.91 hectares. Less than 30,000 cubic metres of extractive material is proposed to be obtained from the site each year.


Page 27

Condition 34 states: 34. A Section 68 Application for on-site waste disposal is to be submitted to Council supported with a Geotechnical Report and details of toilet amenities on the site. There is no requirement within the Building Code of Australia that permanent toilet facilities must be provided. The Workcover Code of Practice states that construction work must provide:

Clean and sanitary facilities Clear access to facilities Provision of water for washing (of hands) Drinking water Eating facilities

The Code of Practice does not state that the facilities have to be permanent. The applicant has advised that the facilities will be provided within the onsite shed and that a portaloo will be brought to the site. The portaloo is proposed to be located at the rear of the shed and will be serviced regularly. OTHER ISSUES Nil POLICY IMPLICATIONS Policy 7.7 Calling in of Development Applications and or Development Application/Construction Certificates by Councillors This application has been called in pursuant to Policy 7.7 “Calling in of Applications by Councillors” Item 3 that states: 3. Should written notice, signed by a minimum of one (1) Councillor, be received by the General Manager prior to determination of a development application or development application/construction certificate, the application shall not be determined under delegated authority but shall be:

Reported to the next Ordinary Meeting for the information of Council that the development application or development application/construction certificate has been “called in”; and

Reported to an Ordinary Meeting of Council for determination. Policy 7.5 Notification of Development Applications 4. Notification of Section 96 Application 4.2 Section 96(1A) modifications that involve minimal environmental impact will not be notified unless in the opinion of Council, the proposed modification has the potential to increase the impact of the development on adjoining land. Due to a number of submissions that were received for the original development, the modification was referred to the adjoining and surrounding landowners. During the notification period of the Modification one submission was received. The submission outlined the following concerns:


Page 28

1. Work has been undertaken without a construction certificate, 2. Landscaping has not been undertaken, 3. No site sewerage system has been installed prior to the start of the

works, 4. No stabilisation to control dust to disturbed areas has been

undertaken, 5. No road works including line markings, parking bays, have been

undertaken as there appears to have been heavy vehicles entering and exiting the property,

6. A previous incident occurred that a low loader double was parked on the side of the road and was seen unloading an excavator on the property without any traffic management. Another incident was witnessed when a low loader reversed onto the property. Concerns are raised regarding the safety of traffic.

7. The safety of the property as the quarry area has not been fenced. Applicant’s response: With regard to the submission received during the notification period, items 1 - 7 relate to the original DA submitted to Council whereby approval was granted. The items listed are not related to the Section 96 Modification recently submitted. Work has not started at the gravel pit. I would like to note that as the property is a working farm, the driveway was stabilised after heavy rain so access for our vehicles was obtainable. The traffic control plan was submitted to Council and approved for use. You will also be aware that the condition relating to the construction certificate was deleted as per the conditions dated 24th September 2013. Council Comment: 1. A Construction Certificate is not required for the proposed works as Portland

Road is owned by the Roads and Maritime Services (RMS) and maintained by Council. The works that have been undertaken involve upgrading the existing access and the internal road. These works were undertaken on the 29 August 2014 and involved minor repair work.

2. In regard to landscaping, Condition 15 on the consent states:

15. Once the Landscaping Plan is approved, all planting must be undertaken within the first 6 months of operation.

Council is satisfied that as the operation of the gravel pit/civil works have not commenced, landscaping has not been undertaken. Condition 15 will remain on the consent and will be required to be complied with within the first 6 months of operations. 3. A Septic System is not required to be constructed on the property for the

proposed development. 4. Dust control was conditioned as per the original consent and will remain as

conditions for the Section 96 Modification.


Page 29

5. Road works have not been undertaken to date as the only works commenced on the property have been the internal road and the entrance to the property. The conditions relating to the road works will remain on the consent.

6. A Traffic Management Pan was submitted to Council on 20 January 2016.

Council is satisfied that the plan adequately addresses safety issues whilst work is being constructed on Portland Road. The issue relating to an excavator being on the property was addressed by Council in 2013. The only machinery stored on the property is for farming purposes only.

7. The proposed area of the gravel pit on the property has not been fenced as no

work has commenced. The whole property is fenced around the boundary. To monitor the quarry operations and to minimise impacts to the adjoining properties, Condition 5 on the consent is recommended to be amended to read:

5. The operations and activities of the development are to cease after 10 years from the date of the first vehicle movement carrying quarry products from the development site. The first vehicle movement carrying quarry products is restricted to commence within two years from the date of this consent. The property is to be rehabilitated once operations have ceased. Council’s building Surveyor is satisfied that the condition relating to the submission of a Section 68 Application is recommended to be amended to read: 34. Where an onsite wastewater disposal system is to be constructed on the property, a Section 68 Application for on-site waste disposal is to be submitted to Council supported with a Geotechnical Report and details of toilet amenities on the site. No work on the installation of the onsite waste water facility is to be commenced prior to approval.

FINANCIAL IMPLICATIONS As per the original application the estimated cost of the development is $100,000, therefore Section 94A Contributions do not apply for this development. Discussions for the original DA 207/12 were held with the applicant and Councils Planning Officers in regard to the accuracy of this estimated cost of the development. It was advised that the only major cost would involve the upgrade to Portland Road. Other expenses would involve the operations of the trucks and machinery, and additional landscaping around the boundary of the property. The applicant further advised that quotes were obtained in regard to these expenses. The financial implications are not proposed to change due to the Section 96 Modification of Consent. LEGAL IMPLICATIONS In determining a development application, a consent authority is also required to take into consideration the matters of relevance under Section 79C of the Environmental Planning and Assessment Act 1979.


Page 30

ATTACHMENTS

1. A complete Section 79C Modification of Consent Report.

RECOMMENDATION

THAT: 1. The Section 96 Modification of Consent application S96024/16 associated

with DA207/14 be APPROVED subject to conditions being amended and added to the consent as shown in bold in the attached Section 79C report.

2. A DIVISION be called in accordance with the requirements of Section 375A(3) of the Local Government Act, 1993.


Page 31

ITEM-9 ENVIRO - 29/08/16 - CALLING IN OF DA180/16 - PROPOSED DUAL OCCUPANCY - 21 KIRKLEY STREET SOUTH BOWENFELS


SUMMARY

To inform Council of the ‘call in’ of a development application pursuant to Council policy.

COMMENTARY

Council is in receipt of a Development Application DA180/16 for a for a detached dual occupancy on land known as Lot 40 DP 1103064, 21 Kirkley Street, South Bowenfels NSW 2790. The application has been called in for determination by Councillor McAndrew. The application has also been notified to surrounding landowners and placed on public exhibition. POLICY IMPLICATIONS This application has been called in pursuant to Policy 7.7 “Calling in of Applications by Councillors” Item 3 that states:

3. Should written notice, signed by a minimum of one (1) Councillor, be received by the General Manager prior to determination of a development application or development application/construction certificate, the application shall not be determined under delegated authority but shall be: Reported to the next Ordinary Meeting for the information of

Council that the development application or development application/construction certificate has been “called in”; and

Reported to an Ordinary Meeting of Council for determination. FINANCIAL IMPLICATIONS Nil at this stage LEGAL IMPLICATIONS No specific implications at this point of the process.

RECOMMENDATION

THAT the calling in of the Development Application DA180/16 be noted.


Page 32

ITEM-10 ENVIRO - 29/08/16 - PROPOSED REMOVAL OF SPRINGVALE LOCALITY


SUMMARY

To advise Council of the proposed removal of the locality of Springvale NSW 2790.

COMMENTARY

Background Council has received representations from a property owner who has been assigned the property address, 804 Castlereagh Highway Springvale NSW 2790. “Springvale” being the official locality name of an area between Marrangaroo and Lidsdale (see attached Map 1). The landowner has experienced a number of issues with the delivery of parcels to the property, with postal services delivering them to the end of Springvale Lane and not at the access (and letter box) of the property which is located off Great Western Highway in the locality of Marrangaroo (refer to Map 1). Council officers have discussed these concerns with a NSW Land & Property Information (LPI) representative and it was suggested that the gazetted locality of Springvale be removed in order to resolve any existing confusion between the location of the access (Great Western Highway, not Springvale Lane) and the locality of the property (Springvale, not Marrangaroo). Resolving the problem would be beneficial in ensuring the accuracy of navigation, emergency response, service delivery and statistical analysis within the area. Proposed Changes The locality of Springvale currently includes all or part of a total of 24 properties. However, as not all properties contain a dwelling or a property might be across locality boundaries, 804 Castlereagh Highway Springvale is currently the only property that utilises “Springvale” in its property address (refer to Map 1). As indicated in Map 2, the removal of Springvale as a locality and the associated realignment of locality boundaries (as proposed in Maps 2 & 4) would involve two properties requiring an address change, including:

Lot and DP Current Property

Address ProposedProperty Comment

Lots 30, 31, 32,33 & 37 DP 751655 and Lot 1 DP 1005363

804 CastlereaghHighway Springvale NSW 2790

“Shangrila” 804Castlereagh Highway Marrangaroo NSW2790 (Subject property of concern)

* Property name may be included for further clarification.

* Property to be located within

Marrangaroo.


Page 33

Lot 35, 38, 72, 99 DP 751655 and Lot 39 DP 751655

Springvale LaneLidsdale NSW 2790

*** Reserve RoadMarrangaroo NSW2790

Note: New street number to be allocated.

* Street number tobe allocated. * Access to property is off

Reserve Road. * Property to be located within

Marrangaroo.

The landowners of both properties were notified of the proposed address and locality changes and no objections were raised. Therefore, it is considered the removal of the locality of Springvale in accordance with the new locality boundaries shown in Maps 2 & 3, can occur with no significant impact on residents of the area. POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS To ensure that the addressing of properties within the Lithgow Local Government Area comply with New South Wales Addressing Policy No.2, 2015.

ATTACHMENTS

1. Map 1 – Locality Name Included in Existing Property Addresses 2. Map 2 – Proposed Removal of Springvale Locality and Locality Boundary

Adjustments (Properties) 3. Map 3 – Proposed Removal of Springvale Locality and Locality Boundary

Adjustments (Area)

RECOMMENDATION

THAT 1. Council undertake an expression of interest process calling for

submissions on the proposed removal of the locality of Springvale and associated adjustments to the boundaries of Lidsdale and Marrangaroo for a period of twenty eight (28) days through advertisement in the local newspaper; notification to authorities; and notification to affected residents.

2. If objections are received during the exhibition period a report be brought back to Council for consideration.

3. If no objections are received during the exhibition period, Council proceed with the removal of the locality of Springvale and associated boundary adjustments to the localities of Marrangaroo and Lidsdale by notifying the NSW Geographical Names Board (GNB) for and notification in the Government Gazette. Once completed Council will notify the appropriate landowners and authorities of the change.


Page 34

ITEM-11 ENVIRO - 29/08/16 - CLARENCE COLLIERY COMMUNITY CONSULTATIVE COMMITTEE- PROPOSED NEW MEMBER


SUMMARY

To acknowledge and endorse the new membership nomination for the Clarence Colliery Community Consultative Committee.

COMMENTARY

The Community Consultative Committee for Clarence Colliery has experienced difficulties with membership and as a result has requested nominations for membership. The Department of Planning & Environment have requested that Council consider the nomination of Mr Larry Anderson as a new member for the Committee. Centennial Coal’s Clarence Colliery is required to comply with the following condition of consent under DA504/00 for the coal mine operations at Clarence: Schedule 5 Environmental Management, Monitoring, Auditing & Reporting Community Consultative Committee 9. Within 3 months of the date of this consent, the Applicant shall establish a Community Consultative Committee to oversee the environmental performance of the mine. The CCC shall:

(a) be comprised of: • 2 representatives from the Applicant, including the person

responsible for environmental management at the mine; • at least 1 representative from Council (if available); and • at least 3 representatives from the local community, whose

appointment has been approved by the Director-General in consultation with the Council;

(b) be chaired by an independent chairperson, whose appointment has been approved by the Director General;

(c) meet at least twice a year; and (d) review and provide comment on the environmental performance of

the development, including any environmental management plans, monitoring results, audit reports, or complaints.

Therefore, DPE have forwarded Mr Anderson’s nomination for consideration. Mr Anderson lives in the area of Clarence and has been endorsed by the chair of the committee. POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS Nil


Page 35

LEGAL IMPLICATIONS Nil

RECOMMENDATION

THAT Council endorse the nomination of Mr Larry Anderson for the Clarence Colliery Community Consultative Committee and advise the Department of Planning & Environment accordingly.


Page 36

ITEM-12 ENVIRO - 29/08/16 - DEVELOPMENT AND CONSTRUCTION APPROVALS - 2011-2016 COMPARATIVE FIGURES


SUMMARY

In addition to the detailed report provided to Councillors every 3 weeks on development approvals and applications received, this twelve monthly report with comparisons back to 2011/2012 is submitted to provide an overview of development and construction approvals.

COMMENTARY

The table below provides a summary of all approvals for each 12 month period from 2011/2012 to 2015/2016. This includes Development Applications, Combined Development Application/Construction Certificates, Construction Certificates and Complying Development Certificates. There was a slight increase in Development Applications and Construction Certificates in the 2015/2016 financial year and reduction in average nett approval days when compared to 2014/2015. Total costs of developments were significantly higher in 2014/2015 compared to the previous year. However, this figure must always be treated with some caution as it does not necessarily equate to developments actually constructed.

DEVELOPMENT APPROVALS – FINANCIAL YEAR 2010 to 2015.

1/07/2011 – 30/06/2012

1/07/2012–30/06/2013

1/07/2013-30/06/2014

1/07/2014-30/06/2015

1/07/2015-30/06/2016

DA’s 120 264 276 250 255

DACC’s 134 5 2 - -

CC’s 77 218 236 221 230

CDC’s 21 9 8 8 1

Number of Consents Issued

352 496 522 479 486

Average Approval Days (All Applications) Nett

23 27 27 28 25

Median Days Nett 20 22 22 25 24

Total Cost of Developments

$60,837,327 $84,298,278 $45,315,289 $36,454,443 $75,021,050

TOTAL APPLICATION APPROVALS FOR 2011 – 2016 The graph above indicates the number of approvals on an annual basis between 2011 and 2016.


Page 37

RECOMMENDATION

THAT the report on development and construction approvals be noted.


Page 38

OPERATION REPORTS

ITEM-13 OPER - 29/08/16 - WATER REPORT REPORT BY: I STEWART – GROUP MANAGER OPERATIONS

REFERENCE

Min No 16-206: Ordinary Meeting of Council held on 8 August 2016 Min No 15-302: Ordinary Meeting of Council held on 16 November 2015

SUMMARY

This report provides an update on various water management issues.

COMMENTARY

Current Dam Levels for Farmers Creek No. 2 Dam and Oberon Dam Farmers Creek No. 2 Dam level on Wednesday, 17 August 2016 was 100%. Oberon Dam level on Wednesday, 17 August 2016 was 74%. Current Water Usage from Each Supply Table 1 below indicates total output from the Oakey Park Water Treatment Plant (consumption), the volume transferred from the Clarence Water Transfer System (CWTS) and the volume of water purchased from Fish River for 2016/2017. Table 2 below indicates total output from the Oakey Park Water Treatment Plant (consumption), the volume transferred from the Clarence Water Transfer System (CWTS) and the volume of water purchased from Fish River for and 2014/2015 and 2015/2016. Table 1 - Oakey Park Monthly Output and Clarence Transfer 2016/2017

Month Oakey Park

WTP (ML) Clarence Transfer

(ML) Fish River

Supply (ML) July 112 0 58

TOTAL 112 0 58 Table 2 - Oakey Park Monthly Output and Clarence Transfer 2014/2015 & 2015/2016

2014/2015

2015/2016

Month

Oakey Park WTP (ML)

Clarence Transfer (ML)

Fish River Supply (ML)

Oakey Park WTP (ML)

Clarence Transfer (ML)

Fish River Supply (ML)

July 80

0

63

113

0

50

August 145

0

45

112

0

66


Page 39

September 105

0

66

117

0

57

October 112

0

61

123

0

63

November 120

0

65

117

0

75

December 84

0

36

162

63

55

January 89

0

100

120

0

74

February 95

0

66

111

0

77

March 143

0

67

132

0

88

April 99

0

71

119

12

61

May 105

0

55

131

0

43

June 131

0

74

95

0

53

TOTAL 1,308

0

769

1,452

75

719

Oakey Park Water Quality Summary Oakey Park Water Treatment Plant is currently supplying water to Lithgow. No health-based ADWG values were exceeded for the period 30 July 2016 to 19 August 2016. Treatment Plants Monitoring Results Samples are taken on a monthly basis at various locations within the STPs and WTP. Nine samples were taken on 26 July 2016 and forwarded to Australia Laboratory Services (ALS) for testing. There was one (1) non-compliance at Portland STP and one (1) non-compliance at Oakey Park WTP, as detailed below in Table 3. All other test results complied with licence criteria. All test results are published on the Lithgow City Council website as required by the Protection of the Environment Operations Act 1997.


Page 40

Table 3 – Treatment Plants Monitoring Results

Plant Non Compliance

Licence Limit

Date Sampled

Cause of Non

Compliance

Action Taken To Mitigate Adverse

Effects Of The Non

Compliance

Action Taken To Prevent

Future Reoccurrence Of

Non Compliance

Portland STP

Faecal Coliforms

600cfu/100 ml

1600cfu/100 ml

26/07/2016 With the start of construction of

the new STP one trickling

filter was taken

offline. Also there was excessive rainfall causing

increased infiltration.

Closer monitoring

and increased plant cleaning to

lessen the load on one

remaining filter.

Closer monitoring and increased plant

cleaning to lessen the load on one remaining filter.

Oakey Park WTP

Total Suspended

Solids 50 mg's/litre

54 mg’s/litre 26/07/2016 Due to media replacement in filter increased

backwashing was required which

caused increase in flow through

sludge lagoons.

Lagoons changed over to allow for drying of lagoon and

prevent carryover of suspended

solids.

Increase freeboard in

lagoons prior to backwashing of

replaced media in filters.

Fish River Water Scheme Water Quality Summary Fish River Water Supply is currently supplying water to Marrangaroo, Wallerawang, Lidsdale, Portland, Cullen Bullen, Glen Davis and Rydal. No health-based ADWG values were exceeded for the period 30 July 2016 to 19 August 2016. Current Water Restrictions Update Level 1 restrictions are effective from Monday, 17 March 2014. Water Saving Schemes or Processes Update Council’s Rainwater Tank and Domestic Appliance Rebate Program continued with Council approving one (1) application for household appliance rebates and no applications for water tank rebates for the period 30 July 2016 to 19 August 2016. Capital Works Update Installation of online monitoring equipment for water quality monitoring at Oakey Park Water Treatment Plant was completed in February 2016. This included the installation of Turbidity, PH, Fluoride, Chlorine and Iron analysers giving real time monitoring of water quality being produced by the plant. Filter upgrade works are progressing with the installation and proving of the first filter completed and commissioned in early August. This included epoxy coating of filter walls, new underdrain system and new dual media of Anthracite and sand. Initial tests are showing improved water quality with Turbidity being lower than the existing filters. An additional two filters have been taken offline and media removed. These two filters are expected to be completed and back in service by 30th September


Page 41

2016. The remaining 3 filters will then be upgraded and completed by end of November 2016. Farmers Creek Dam Trunnion arm replacement. Dredging was carried out on the upstream face of Farmers Creek No2 dam and completed in May 2016. This allowed the bottom of the trunnion to be exposed and subsequently issues were found with the trunnion arm adaptor that was required to be fabricated to allow for the new Outlet pipe to be installed. Weather then caused access issues and also lead times on fabrication have meant this work will be carried out in October when weather conditions allow for diving to be undertaken. With the increased dam levels it has meant that there will also need to be 2 diving crews to undertake this work in the proposed timeframes. Water Reticulation Complaints Two (2) complaints were received during the period 30 July 2016 to 19 August 2016 concerning water quality issues in the following areas. Testing of the water was undertaken at these locations. Locality Concern Notes Redgate Street, Lithgow

BROWN WATER Everyone in the house has been sick with vomiting.

Sample taken & lines including mains were flushed. Sample tested and tests came back within all ADWG health limits.

Wrights Road, Lithgow

Caller advised can mains be flushed, filthy water.

The complaint was investigated, a sample taken and the lines flushed. Sample tested and tests came back within all ADWG health limits.

Details of water complaints made since September 2015 are displayed in the attachment. POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS Fund of $979,000 have been allocated to Oakey Park Water Treatment Plant Upgrade in the 2015/2016 budget. LEGAL IMPLICATIONS NIL

ATTACHMENTS

1. Water Quality Complaint Trend

RECOMMENDATION

THAT Council notes the water report.


Page 42

CORPORATE AND COMMUNITY REPORTS

ITEM-14 CORP - 29/08/16 - COUNCIL INVESTMENTS HELD TO 31 JULY 2016

REPORT FROM: J BROZEK – GROUP MANAGER CORPORATE & COMMUNITY

REFERENCE

Min No 16-15: Ordinary meeting of Council held on 8 February 2016 Min No 16-59: Ordinary meeting of Council held on 21 March 2016 Min No 16-110: Ordinary meeting of Council held on 16 May 2016 Min No 16-128: Ordinary meeting of Council held on 06 June 2016 Min No 16-153: Ordinary meeting of Council held on 27 June 2016 Min No 16-182: Ordinary meeting of Council held on 18 July 2016

SUMMARY

To advise Council of investments held as at 31 July in the 2016/17 financial year.

COMMENTARY

Council’s total investment portfolio, as at 31 July 2016 when compared to 30 June 2016, has decreased by $1,735,622.31 from $24,603,637.39 to $22,868,015.08. While cash in Council’s bank account increased by $271,459.82 from $177,230.55 to $448,690.37. There is an overall decrease in cash and investments of $1,464,162.49 since 30 June 2016. This is primarily due to finalising EOFY payments and general operational costs.

INVESTMENT REGISTER 2015/16

INSTITUTION INV TYPE DATE LODGED DATE DUE DAYS INT VALUE 30.06.16 VALUE 31.07.16 % OF TOTAL

AMP On Call 26.08.14 2.55 1,036,274.36 0.00

AMP 02.06.16 02.06.16 30.11.16 181 3.00 1,000,000.00 1,000,000.00 4.37%

CBA On Call 18.05.16 1.70 2,000,000.00 1,800,652.05 7.87%

NAB TD 07.05.16 07.08.16 91 2.98 1,000,000.00 1,000,000.00

TD 06.04.16 09.08.16 125 3.03 1,000,000.00 1,000,000.00

TD 14.06.16 14.09.16 90 2.93 1,000,000.00 1,000,000.00

TD 28.07.16 09.11.16 104 2.90 0.00 1,500,000.00 19.68%

WESTPAC TD 13.04.16 13.08.16 122 2.90 1,025,636.84 1,025,636.84 4.49%

ST GEORGE TD 19.05.16 19.08.16 90 2.9 994,049.98 994,049.98

TD 31.03.16 31.07.16 122 3.15 1,000,000.00 1,000,000.00

TD 05.05.16 05.08.16 92 3.05 500,000.00 500,000.00

TD 12.05.16 12.08.16 90 2.90 1,000,000.00 1,000,000.00

TD 26.06.16 26.10.16 120 2.9 1,000,000.00 1,000,000.00 19.65%

ME BANK TD 06.04.16 05.07.16 90 2.85 1,000,000.00 0.00

TD 20.04.16 19.07.16 90 3.06 1,000,000.00 0.00

TD 27.04.16 26.07.16 90 3.06 1,000,000.00 0.00

TD 18.05.16 24.08.16 98 2.90 1,000,000.00 1,000,000.00

TD 29.06.16 20.09.16 83 2.88 1,000,000.00 1,000,000.00

TD 05.07.16 04.10.16 91 2.88 0.00 1,000,000.00 13.12%


Page 43

FAMILY FIRST CREDIT UNION TD 01.05.16 30.07.16 90 2.55 1,047,676.21

1,047,676.21 4.58%

MY STATE BANK TD 09.06.16 23.11.16 167 3.00

1,000,000.00 1,000,000.00 4.37%

BEYOND BANK TD 25.05.16 25.08.16 92 2.95 1,000,000.00 1,000,000.00

TD 01.06.16 30.08.16 90 3.00 2,000,000.00 2,000,000.00

TD 01.06.16 28.09.16 119 3.00 1,000,000.00 1,000,000.00

TD 08.06.16 07.12.16 182 3.00 1,000,000.00 1,000,000.00 21.87%

TOTAL 24,603,637.39 22,868,015.08 100.00%

I, Juli‐Ann Brozek, Lithgow City Council’s Group Manager Corporate & Community certify as required under Local Government (General) Regulations 2005, that Council's investments have been made in accordance with the Local Government Act 1993, Regulations and Lithgow City Council's Investment Policy.

The movement in Investments for the month of July 2016 were as follows:

Opening Balance of cash and investments as 01 July 2016 $24,780,867.94Plus New Investments – July 2016 $2,771,459.82Less Investments redeemed – July 2016 $4,235,622.31Closing Balance of cash and investments as at 31 July 2016 $23,316,705.45

If the movement in the bank account is negative, this is shown as a net redemption. If the movement in the bank account is positive this is shown as a net new investment. On the graph below historical and current investments to 31 July are shown.

A large proportion of Council’s investments are held as restricted assets for specific purposes. Restricted assets may consist of externally restricted assets which must be spent for the purpose for which they have been received e.g. Water, Wastewater, Stormwater, Domestic Waste, Parking, or internally restricted assets which have been set aside by Council resolution. Some internal restrictions are held to fund specific liabilities such as employee leave entitlements and bonds and deposits. POLICY IMPLICATIONS Investments are held in accordance with the Lithgow City Council's Investment Policy at the date of investing funds. On 27 October 2014 Council adopted a draft of the

‐

4,000,000

8,000,000

12,000,000

16,000,000

20,000,000

24,000,000

28,000,00031/07/2014

31/08/2014

30/09/2014

31/10/2014

30/11/2014

31/12/2014

31/01/2015

28/02/2015

31/03/2015

30/04/2015

31/05/2015

30/06/2015

31/07/2015

31/08/2015

31/09/2015

31/10/2015

30/11/2015

31/12/2015

31/01/2016

29/02/2016

30/04/2016

31/05/2016

30/06/2016

31/07/2016

Lithgow City Council Total Cash and Investments

Series1


Page 44

Investment Policy as Policy 8.7 which includes the Minster’s Investment Order of 12 January 2011. FINANCIAL IMPLICATIONS Interest received for month of July 2016 was $43,951.85. Interest is paid on the maturity date of the investment. The budget for interest income is determined by the average level of funds held and the rate of return. Adjustments to the budget estimate are processed through Council’s Quarterly Budget Review process. Interest Returns are determined by average funds invested and the rate of interest return. LEGAL IMPLICATIONS Investments are held in accordance with the Lithgow City Council's Investment Policy at the date of investing the funds. On 27 October 2014 Council adopted a draft of the Investment Policy as Policy 8.7 and investments will comply with this Policy which includes the following:

Local Government Act 1993 - Section 625 Local Government Act 1993 - Order dated 12 January 2011 Local Government (General) Regulation 2005 Trustee Amendment (Discretionary Investments) Act 1997 Section 14A (2),

14c(1) & (2)

RECOMMENDATION

THAT Investments of $22,868,015.08 and cash of $448,690.37 for the period ending 31 July 2016 be noted.


Page 45

ITEM-15 CORP - 29/08/16 - END OF TERM REPORT 2012 - 2016

REPORT BY: D. MCGRATH – CORPORATE STRATEGY & COMMUNICATIONS

OFFICER

REFERENCE

Min No 12-182 Ordinary Meeting of Council held on 4 June 2012 Min No 13-165 Ordinary Meeting of Council held on 27 May 2013 Min No 14-245 Ordinary Meeting of Council held on 2 June 2014 Min No 15-121 Ordinary Meeting of Council held on 1 June 2015

SUMMARY

This report provides a copy of the End of Term Report 2012 – 2016 to Council for its information.

COMMENTARY

As part of Integrated Planning and Reporting Framework, Council is required to prepare an End of Term Report on progress with implementation of the Community Strategic Plan. This report must be presented at the final meeting of an outgoing council and published in the Annual Report.

A copy of the Report has been provided to Councillors within their Business Papers Packages. Copies of the End of Term Report will be placed on Council’s website and a hard copy will be available for viewing at the Council’s Administration Centre, the Lithgow Library Learning Centre and Portland, Wallerawang and Rydal Libraries. POLICY IMPLICATIONS There are no policy implications as a result of this report. FINANCIAL IMPLICATIONS The End of Term Report was produced internally and funded from the recurrent budget. LEGAL IMPLICATIONS The End of Term Report was prepared in accordance with the requirements of the Local Government Act 1993 and Local Government (General) Amendment (Planning and Reporting) Regulation 2009.

ATTACHMENTS

1. End of Term Report 2012 –2016.


Page 46

RECOMMENDATION

THAT Council adopt the Lithgow City Council End of Term Report 2012 –2016.


Page 47

COUNCIL COMMITTEE MINUTES

ITEM-16 OPER - 29/08/16 - SPORTS ADVISORY COMMITTEE MEETING MINUTES - 26 JULY 2016

REPORT BY: I STEWART - GROUP MANAGER OPERATIONS

SUMMARY

This report details the Minutes of the Sports Advisory Committee Meeting held on 26 July 2016.

COMMENTARY

At the Sports Advisory Committee held on 26 July 2016, there were numerous items discussed by the Committee, including: Financial Assistance Requests 2016 LJ Hooker Reg Cowden Sports Star of the Year Awards Booking Requests The following items were outside the Committee’s delegations and require Council to formally consider the recommendations: Lithgow District Football Association Inc – New Member

THAT Council accept Katie Turner as the Sports Advisory Committee representative from the Lithgow District Football Association Inc.

Wallerawang JRL – New Member

THAT Council accept Jenny Lamborn as the Sports Advisory Committee representative from the Wallerawang JRL.

ATTACHMENTS

1. Minutes of the Sports Advisory Committee meeting held on 26 July 2016.

RECOMMENDATION

THAT Council: 1. Note the minutes of the Sports Advisory Committee held on 26 July 2016; 2. Accept Katie Turner as the Sports Advisory Committee representative from

the Lithgow District Football Association Inc; and 3. Accept Jenny Lamborn as the Sports Advisory Committee representative

from the Wallerawang JRL.


Page 48

ITEM-17 EXEC - 29/08/16 - BUSINESS AND INDUSTRY INVESTMENT COMMITTEE – 28 AUGUST 2016

REPORT BY: R BAILEY – GENERAL MANAGER

SUMMARY

This report details the Minutes of the Business and Industry Investment Committee meeting held on 28 July 2016

COMMENTARY

At the Business and Industry Investment Committee Meeting held on 28 July 2016 a presentation on commercially zoned land in the Lithgow LGA was presented. The committee then inspected some sites of interest from the presentation. POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS NIL

ATTACHMENTS

1. Minutes Business and Industry Investment Committee, 28 July 2016.

RECOMMENDATION

THAT Council note the Minutes of the Business and Investment Committee held on 28 July 2016.


Page 49

ITEM-18 OPER - 29/08/16 - OPERATIONS COMMITTEE MEETING - 28 JULY 2016

REPORT BY: I STEWART – GROUP MANAGER OPERATIONS

SUMMARY

This report details the Minutes of the Operations Committee Meeting held on 28 July 2016.

COMMENTARY

At the Operations Committee held on 28 July 2016, there were numerous items discussed by the Committee, including: Presentation by Walker Quarries – Roadbase Blackspot Works Program Portland STP Update Wastewater Mains Relining

The following items were outside the Committee’s delegations and require Council to formally consider the recommendations: Update On Current Construction Programs – Roads

THAT the funds totalling $80,000 allocated in the 2016/17 gravel resheeting roads program be reallocated from Hartley Vale Road to the unsealed section of Wolgan Valley Road.

POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS NIL

ATTACHMENTS

1. Minutes from the Operations Committee Meeting of 28 July 2016.

RECOMMENDATION

THAT: 1. Council notes the minutes of Operations Committee Meeting 28 July 2016;

and


Page 50

2. The funds totalling $80,000 allocated in the 2016/17 gravel resheeting roads program be reallocated from Hartley Vale Road to the unsealed section of Wolgan Valley Road.


Page 51

ITEM-19 CORP - 29/08/16 - TOURISM ADVISORY COMMITTEE MEETING - 3 AUGUST 2016

REPORT BY: K BARROW – TOURISM MANAGER

REFERENCE

Min No 16-113: Ordinary Meeting of Council held on 16 May 2016 Min No 16-156: Ordinary Meeting of Council held on 27 June 2016 Min No 16-158: Ordinary Meeting of Council held on 27 June 2016 Min No 16-1862: Ordinary Meeting of Council held on 18 July 2016

SUMMARY

This report details the Minutes of the Tourism Advisory Committee Meeting held on 3 August 2016

COMMENTARY

At the Tourism Advisory Committee held on 3 August 2016, there were numerous items discussed by the Committee that requires action from Council including:

Update from Zig Zag Railway Terms of Reference Achievements of the Committee Glow Worm Tunnel Marathon Petition from bottom end of Main Street

POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS NIL

ATTACHMENTS

Minutes from the Tourism Advisory Committee meeting of 3 August 2016

RECOMMENDATION

THAT Council Note the minutes of the Tourism Advisory Committee held on the 03 August 2016.


Page 52

ITEM-20 CORP - 29/08/16 - COMMUNITY DEVELOPMENT COMMITTEE MINUTES OF 9 AUGUST 2016

REPORT BY: M JOHNSON - MANAGER COMMUNITY AND CULTURE

REFERENCE

Min-16-129 Ordinary Meeting of Council 6 June 2016 Min-16-140 Ordinary Meeting of Council 6 June 2016 Min-16-183 Ordinary Meeting of Council 18 July 2016 Min-16-200 Ordinary Meeting of Council 8 August 2016

SUMMARY

This report details the minutes of the Community Development Committee meeting held on 9 August 2016.

COMMENTARY

At the Community Development Committee meeting held 9 August 2016 various items were discussed by the committee, including: Item 4: 2017 Australia Day Citizenship Awards The Committee reviewed the 2016 Award categories and recommends that they be retained for 2017. Item 5 Financial Assistance Applications The Committee considered an application from Lithgow Information and Neighbourhood Centre to run a number of Family Fun days. LINC has advised that this application was submitted to Council during the Round 1 funding period but it appears to have not been received by Council. The Committee also considered an application from the Lithgow Lions Club for a partial fee waiver of Civic Ballroom hire charges for their monthly markets and recommends that Council provide a $2,500 Civic Ballroom fee waiver package to the Lions Club. Item 6: Locality Naming The Committee considered a request from a member of the public that Council install signage identifying the various localities within Lithgow eg Doctors Gap, Oakey Park, Hermitage Flat etc to better promote these localities. The Committee has forwarded this request to Council’s Operations and Tourism Advisory Committees for consideration. LEGAL IMPLICATIONS Local Government Act NSW 1993, Section 356 FINANCIAL IMPLICATIONS Council has allocated $73,000 for Non-Recurrent Financial Assistance of which $38,172 was approved for allocation in Round 1 (Min 16-183) and a further $8,800


Page 53

was allocated on 8 August 2016 to the Portland Pool (Min 16-200) leaving $26,028 for allocation in Round 2. The allocation of a further $2,020 to the LINC Family Fun day program as recommended in this report will leave $24,008 for allocation in Round 2. Council has also allocated $10,000 for four packages of up to $2,500 each to nonprofit community groups towards the cost of hiring the Civic Ballroom and/or Tony Luchetti Showground for major events that demonstrate an economic and social benefit to Lithgow. The allocation of a $2,500 package to the Lions Club will leave $7,500 for three remaining packages.

ATTACHMENTS

1. Minutes of the Community Development Committee meeting held 9 August 2016.

RECOMMENDATION

THAT Council: 1. Notes the minutes of the Community Development Committee meeting held

9 August 2016. 2. Endorse the following 2017 Australia Day Award categories:

(a) Volunteer of the Year Young Volunteer of the Year Open Volunteer of the Year (b) Achievement Award Young Citizen Achievement Award Open Citizen Achievement Award (c) Group/Event of the Year Award Service to the Community - Organisation Award Recognition of Outstanding Events of the Year

3. Provide $2,020 Round 1 Financial Assistance to LINC for the Family Fun Day program.

4. Provide a Civic Ballroom fee waiver package to the Lions Club for their monthly markets up to the value of $2,500.


Page 54

NOTICE OF MOTION

ITEM-21 NOTICE OF MOTION - 29/08/16 - USE OF POLICE FORCE TO REMOVE COUNCILLORS FROM THE COUNCIL CHAMBERS - MCGINNES

REPORT BY: COUNCILLOR J MCGINNES

REFERENCE

Numerous occasions where the Police have been called to remove Councillors from Council premises under the threat of criminal charges where there has been no threat or possibility of physical violence.

SUMMARY

That Council in future use the Police Force to remove Councillors from the Council Chambers only when there is a threat of physical violence.

COMMENTARY

In the history of Council the removal of Councillors by the Police Force has only become normal practice in the last two terms of Council. There are alternatives available to the Mayor without having to call in the police. In some instances cases of disorder have been overlooked by the Mayor in order to have another councillor removed by Police and to then have the other two councillors who initiated the disorder withdraw and apologise after the resumption of the meeting.

RECOMMENDATION

THAT Council in future use the Police Force to remove Councillors from the Council Chambers only when there is a threat of physical violence.


Page 55

ITEM-22 NOTICE OF MOTION - 29/08/16 - REFUND OF GIPA FOR FINANCIAL REPORT ON LITHGOW AQUATIC CENTRE INDOOR HEATED POOL TO CR MARTIN TICEHURST


REFERENCE

Item 20 Ordinary Council Meeting 16/7/16

SUMMARY

That Council refund the fee for the GIPA Financial Report on Lithgow Aquatic Centre Indoor Heated Pool to Cr Martin Ticehurst.

COMMENTARY

Council has continually failed to publicly disclose that in just its first year of operation, the Indoor Heated Pool has nearly $1 million dollars, including nearly $400,000 annually just to service the State Government, Paul Toole approved Bank Loan Also, this previously undisclosed $1m debt is a new and much bigger debt with the Indoor Heated Pool now expected to cost more than $10 million under the Council's future projected Business Plan.” (The Lithgow Swimming Club in a recent Letter to the Council criticised and panned the Council's operation of the Indoor Heated Pool. Social Media has also raised concerns including that the Indoor Heated Pool is not air-conditioned and that with the top pool temperature being at just 28 degrees, it is too cold and not hot enough for young children learning to swim or for people wanting to do rehabilitation injury programs.)

ATTACHMENTS

1. GIPA Financial Report on Lithgow Aquatic Centre Indoor Heated Pool & Lithgow Swimming Club Letter.

RECOMMENDATION

THAT Council refund the fee for the GIPA Financial Report on Lithgow Aquatic Centre Indoor Heated Pool to Cr Martin Ticehurst.


Page 56

ITEM-23 NOTICE OF MOTION - 29/08/16 - RECONSIDERATION OF THE NAMING OF THE MEADOW FLAT COMMUNITY HALL


REFERENCE

The Minutes of the Ordinary Meeting of Lithgow City Council Monday 21st March 2016 Council renaming the formerly well recognised 60-year-old Meadow Flat Community Hall to ‘The Mac Scott Memorial Hall’,

SUMMARY

That Council now reconsider the naming of the Meadow Flat Community Hall in light of the concerns expressed by a large number of Meadow Flat residents to have the hall resort to its original name.

COMMENTARY

This letter was published on line and in the Lithgow Mercury August 19 2016 Dear Editor, The residents of Meadow Flat, who are mostly descendants of the early settler families, are very disappointed, hurt and angry that a building they all contributed to has been renamed with very little consultation with them. The Meadow Flat Community Hall was built in 1954-1955 by the hard-working men of those families. It was constructed from a hall which was previously used as a migrant camp in Bathurst and was cut up and transported to Meadow Flat in small sections where it was rebuilt. These men wanted the village to be proud of their Community Hall. The land for the building was donated by one of the pioneer families, not the Scott family. The building is now 60 years old but the names of the men who build it are still remembered – Walter Dowler, Jack Hall, Eric Gunning, Allister Case, Mac Scott, Lew Black, Abe Lawer, Merv Bennett, Alf and Don Berry and Stan McCusker. Earlier this year, the Lithgow Council proposed to rename the Hall the Mac Scott Memorial Hall. The hall has been known as the Meadow Flat Community Hall for sixty years. Six letters from local residents were sent to the Council opposing the renaming with only one letter (from residents who had left the district) supporting the renaming.


Page 57

Two weeks after the Council’s held its meeting the hall was renamed the Mac Scott Memorial Hall at a small ceremony which very few local residents attended. In fact, not all of them were aware of the proposed change until after the new sign was put in place. The people of Meadow Flat feel a sense of shame that the Hall is a memorial to one person and not a memorial to all the men and women who were inspired to build it and wanted it to become part of their community’s life – the Meadow Flat Community Hall. Residents are hoping that justice to these men will prevail and the hall will resort it its original name. Yours sincerely, M. and B. Gunning, W. Valentine, K. Thompson, H. Ainsworth, P. Myers, R. and K. Lund, T. Gunning, G. Gunning, N. Middleton, K. and J. Bellamy and B. Dixon, Meadow Flat.

RECOMMENDATION

THAT Council now reconsider the naming of the Meadow Flat Community Hall in light of the concerns expressed by a large number of Meadow Flat residents to have the hall resort to it's original name.


Page 58

QUESTIONS WITH NOTICE

ITEM-24 QUESTION WITH NOTICE - 29/08/16 - LITHGOW CITY COUNCIL SPONSORED CHRISTMAS IN JULY BALL - M TICEHURST

REPORT BY: COUNCILLOR MARTIN TICEHURST

REFERENCE

Agenda Item 15 of the Ordinary Meeting of the Lithgow City Council held on Monday 6 June 2016: Christmas in July Ball - Clr R Higlett; and related Minuted Resolution 16-133 of the Ordinary Meeting of the Lithgow City Council held on Monday 6 June 2016.

COMMENTARY

At the Ordinary Meeting of the Lithgow City Council held on Monday 6 June 2016, the Council Minutes confirm that the Council resolved as follows: ITEM-15 NOTICE OF MOTION - 06/06/16 - CHRISTIMAS IN JULY BALL - CLR R HIGLETT 16 - 133 RESOLVED THAT Council hold a Christmas in July function at the Lithgow Workmen’s Club and that this be budgeted for on a cost neutral basis. MOVED: Councillor R Higlett SECONDED: Councillor R Thompson.

QUESTION

Could the General Manager and/or Senior Council Officers provide a report to this Council Meeting on the recent Council sponsored, Christmas in July Ball at the Lithgow Workmen’s Club?

ATTACHMENTS

Social Media photograph from recent Council sponsored, Christmas in July Ball at the Lithgow Workmen’s Club.

RECOMMENDATION

THAT the General Manager and Senior Council Officers provide a report to this Council Meeting on the recent Council sponsored, Christmas in July Ball at the Lithgow Workmen’s Club.


Page 59

BUSINESS OF GREAT URGENCY

In accordance with Clause 241 of the Local Government (General) Regulations 2005 business may be transacted at a meeting of Council even though due notice of the business has not been given to the Councillors. However, this can happen only of: a) A motion is passed to have the business transacted at the meeting: and b) The business proposed to be brought forward is ruled by the Chairperson to be of

great urgency.


Page 60

CLOSED COUNCIL

ITEM-25 CONFIDENTIAL - CLOSED COUNCIL - NOTICE OF MOTION - 29/08/16 - STAFF SURVEY UPDATE


Reason for Confidentiality

This report is CONFIDENTIAL in accordance with Section 10A(2)(a) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

Personnel matters concerning particular individuals (other than councillors)

SUMMARY

That the General Manager provide Council with a verbal update on progress in addressing concerns raised in the Staff Survey provided to all Councillors.

RECOMMENDATION

THAT Council consider the Notice of Motion on the Staff Survey Report in a closed Council pursuant to Section 10A(2)(a) of the Local Government Action 1993.

public agenda 29 august 2016 - lithgow city...

Documents