Agenda of Ordinary Council Meeting

Ordinary Council Meeting Minutes

26 November 2019

MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council Meeting
HELD AT THE Council Chambers, Gundagai
ON Tuesday, 26 November 2019 AT 6:00pm

PRESENT: Cr Abb McAlister (Mayor), Cr Dennis Palmer (Deputy Mayor), Cr Leigh Bowden, Cr David Graham, Cr Gil Kelly, Cr Penny Nicholson, Cr Doug Phillips, Cr Charlie Sheahan, Cr Craig Stewart

IN ATTENDANCE: Phil McMurray (Acting General Manager), Ganesh Ganeshamoorthy (Manager Assets), Susan Gheller (Manager of Business), Mark Ellis (Manager Civil Works), Miriam Crane (Manager of Community and Culture), Sharon Langman (Manager Development, Building and Compliance), Andrew Brock (Manager Facilities), Tim Swan (Manager Finance), Glen McAtear (Manager Regulatory Services), Matt Stubbs (Manager Technical Services), Wayne Bennett (Manager Waste, Parks & Recreation Services)

1 Acknowledgement of Country

The Chairperson acknowledged the Wiradjuri people who are the Traditional Custodians of the Land at which the meeting was held and paid his respects to Elders, both past and present, of the Wiradjuri Nation and extended that respect to other Aboriginal people who were present.

ADJOURN MEETING FOR OPEN FORUM

Resolution 401/2019

Moved: Cr Leigh Bowden

Seconded: Cr Penny Nicholson

Council adjourn for Open Forum.

Carried

2 Open Forum

List of Speakers

1. Leearn Sedgwick – As part owner of Streetwise Outdoor Advertising spoke in relation to item 8.10.1 Cootamundra CBD Streetwise Outdoor Seating Advertising Agreement Renewal in relation to the renewing of a lease as detailed in the report.

2. Isabel Scott – As Chairperson of the s355 committee of Council -Spoke in relation to the Arts Centre Cootamundra to reinforce and thank Council for the support of s355 committees of Council. Mrs Scott detailed some of the events that have been successfully undertaken by the Arts Centre Cootamundra s355 Committee of Council and events with combined s355 Committee

RESUME OPEN MEETING

Resolution 402/2019

Moved: Cr Leigh Bowden

Seconded: Cr Gil Kelly

Council resume the Open Meeting.

Carried

3 Apologies

There were no apologies.

4 Disclosures of Interest

Cr Dennis Palmer (Deputy Mayor) disclosed a Significant Non-Pecuniary Interest in item 11.4 Notice of Motion of Rescission - Lease of Road Between Lot 5 DP1092838 and Lots 60, 61 and 62 DP753604 Cootamundra as his sister owns an adjoining property.

Cr Dennis Palmer (Deputy Mayor) disclosed a Significant Non-Pecuniary Interest in item 8.1.7 Cootamundra Lions Club Annual Christmas Carnival - Sponsorship Request as he is a member.

Cr David Graham disclosed a Significant Non-Pecuniary Interest in item 11.3 Land Classification of Council Owned Land - Lot 13 DP 11023375 - 87 First Avenue, Gundagai as he was the previous owner of the property.

Cr Gill Kelly disclosed a Significant Non-Pecuniary Interest in item 8.1.8 TAFE NSW - Request for Sponsorship for their Annual Graduation and Awards Presentation Evening as his wife is an award nominee.

Cr Charlie Sheahan disclosed a Significant Non-Pecuniary Interest in item 8.1.7 Cootamundra Lions Club Annual Christmas Carnival - Sponsorship Request as he is a member.

Resolution 403/2019

Moved: Cr Dennis Palmer

Seconded: Cr Gil Kelly

That item 8.10.1 Cootamundra CBD Streetwise Outdoor Seating Advertising Agreement Renewal be considered next.

Carried

8.10.1 Cootamundra CBD Streetwise Outdoor Seating Advertising Agreement Renewal

Resolution 404/2019

Moved: Cr Dennis Palmer

Seconded: Cr Gil Kelly

1. The report relating to the renewal of the agreement between the former Cootamundra Shire Council and Streetwise Outdoor Advertising be received and noted.

2. The agreement between the former Cootamundra Shire Council and Streetwise Outdoor Advertising be renewed with Cootamundra-Gundagai Regional Council, as has historically occurred, for a period of ten years.

3. A Development Control Plan for advertisement signage for the Local Government Area be developed.

Carried

5 Confirmation of Minutes

5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 29 October 2019

Note: The following amendment to the Minutes of the Ordinary Meeting of Council held on Tuesday 29^th October, 2019 was noted:

Open Forum

3. Jason Graham – Mr Graham, as the General Manager of Manildra Meats, spoke on item 8.4.4 Development application 2019/103 – Fish Rendering Trial – 572 Stockinbingal Road, Cootamundra.

Resolution 405/2019

Moved: Cr Penny Nicholson

Seconded: Cr Charlie Sheahan

The Minutes of the Ordinary Meeting of Council held on Tuesday 29 October 2019 be confirmed as a true and correct record of the meeting.

Carried

6 Mayoral Minutes

6.1 Mayoral Minute - Attendances for the Month of November, 2019

Note: the following amendment to the Mayoral Minute was noted:

29^th October, 2019

Cr Bowden attended the meeting with the Minister for Local Government the Hon. Shelley Hancock, Member for Riverina, Steph Cooke, MP and other Office of Local Government representatives.

Resolution 406/2019

Moved: Cr David Graham

Seconded: Cr Leigh Bowden

The information on Mayoral and Councillors attendances for the month of November, 2019 be noted.

Carried

6.2 Mayoral Minute - Asbestos Awareness Campaign During November, 2019

Resolution 407/2019

Moved: Cr David Graham

Seconded: Cr Dennis Palmer

1. Council support the new Asbestos Awareness campaign being produced by NSW Asbestos Coordination Committee. This campaign will help make Cootamundra-Gundagai Regional Council residents more aware of asbestos and contribute to reducing their risk of exposure to asbestos by providing promotional materials that Council and use across its communication channels to educate residents on best practices when dealing with asbestos in their homes.

2. Council promotes the asbestos awareness campaign during December, 2019 through its promotional channels.

Carried

6.3 Mayoral Minute - Post Amalgamation Review of Cootamundra-Gundagai Regional Council

Resolution 408/2019

Moved: Cr David Graham

Seconded: Cr Leigh Bowden

That Council obtain a fee proposal from Dr. Joseph Drew from the University of Technology Sydney Centre for Local Government, to undertake a post amalgamation assessment of Cootamundra-Gundagai Regional Council against the proposed benefits expected as a result of the 2016 merger of the former Cootamundra and Gundagai Shire Councils. Further, that the proposal be targeted at reviewing efficiencies, opportunities and strategies, for the Council to achieve long term financial sustainability and social benefit for the communities.

Carried

7 Reports from Committees

7.1 Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 14 November 2019

Resolution 409/2019

Moved: Cr Gil Kelly

Seconded: Cr David Graham

1. The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 14 November 2019 (attached) are submitted for adoption.

2. The Recommendations contained within the Minutes be adopted.

Carried

8 General Manager’s Report

8.1 Business

8.1.1 Internal Audit Committee Meeting Minutes

Resolution 410/2019

Moved: Cr David Graham

Seconded: Cr Dennis Palmer

The Minutes of the Internal Audit Committee Meeting held on Thursday, 7^th November, 2019, attached to the report, be received and noted.

Carried

8.1.2 Muttama Hall Management s.355 Committee Meeting Minutes

Resolution 411/2019

Moved: Cr Leigh Bowden

Seconded: Cr Penny Nicholson

The Minutes of the Muttama Hall Management s.355 Committee informal meeting held on 16^th October, 2019 and the site meeting held on 24^th October, 2019, attached to the report, were received and noted.

Carried

8.1.3 Stockinbingal Ellwood's Hall s.355 Committee Meeting Minutes

Resolution 412/2019

Moved: Cr David Graham

Seconded: Cr Charlie Sheahan

The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting held on 24^th October, 2019, attached to the report, be received and noted.

Carried

8.1.4 Delay of 18/19 Annual Report

Resolution 413/2019

Moved: Cr Craig Stewart

Seconded: Cr Doug Phillips

The delay of the 2018/2019 Annual Report, be noted, due to the extension required for producing the financial statement.

Carried

8.1.5 Delivery Program/ Operational Plan Quarterly Progress Report

Resolution 414/2019

Moved: Cr Dennis Palmer

Seconded: Cr Leigh Bowden

The Delivery Program 2018-2021 incorporating the Operational Plan 2019/20, quarterly progress report, (Q1 1, July – 30 September, 2019) be received and noted.

Carried

8.1.6 Meeting Dates for Ordinary Meetings of Council for 2020.

Resolution 415/2019

Moved: Cr David Graham

Seconded: Cr Dennis Palmer

1. The Ordinary Meetings of Council remain at 6:00pm on the last Tuesday of the Month from January to November.

2. The Ordinary Meeting held in December remain at 6:00pm on the second Tuesday.

3. The current arrangement of alternating meetings between Cootamundra and Gundagai remain.

Carried

8.1.7 Cootamundra Lions Club Annual Christmas Carnival - Sponsorship Request

Note: Having disclosed a significant non-pecuniary Cr Palmer (Deputy Mayor) and Cr Sheahan left the Meeting.

Resolution 416/2019

Moved: Cr David Graham

Seconded: Cr Gil Kelly

Council consider an amount to sponsor the Cootamundra Lion Club’s for the annual Cootamundra Christmas Carnival and Fireworks Display.

Carried

8.1.8 TAFE NSW - Request for Sponsorship for their Annual Graduation and Awards Presentation Evening

Note: Having disclosed a significant non-pecuniary Cr Kelly left the Meeting.

Resolution 417/2019

Moved: Cr David Graham

Seconded: Cr Dennis Palmer

Council provide sponsorship of $100 to TAFE NSW, Cootamundra for its Annual Graduation and Award Ceremony, 2019.

Carried

8.1.9 Updated Council Meeting Action Report

Resolution 418/2019

Moved: Cr Dennis Palmer

Seconded: Cr Craig Stewart

The updated Council Meeting Action Report, attached be received and noted.

Carried

8.1.10 The Centre for Road Safety 2019 ‘What’s Your Plan B’ Campaign

Resolution 419/2019

Moved: Cr Charlie Sheahan

Seconded: Cr David Graham

The information on the Centre for Road Safety 2019 ‘What’s Your Plan B’ campaign be noted.

Carried

8.1.11 Australian Local Government Women's Association "Women on Council" Forum 2nd November, 2019

Resolution 420/2019

Moved: Cr Leigh Bowden

Seconded: Cr Penny Nicholson

1. The report prepared by Cr Bowden on the Australian Local Government Women’s Association NSW “Women on Council” Forum held on Saturday, 2^nd November, 2019 be received and noted.

2. In addition to both women councillors attending the ALGWA NSW Conference in 2020, a senior female member of staff also be supported to attend if the relevant budget allows.

Carried

8.1.12 Annual Local Government New South Wales Conference - Warwick Farm 14th - 16th October, 2019

Note: An attachment from Cr Linda Scott, President Local Government NSW, not included in the report can be viewed in the Attachments Under Separate Cover document on Council’s webpage at https://www.cgrc.nsw.gov.au/wp-content/uploads/2019/11/Attachments-Under-Separate-Cover-26-November-2019_Part1-1.pdf . The business paper for the Annual Local Government New South Wales Conference can be viewed at https://www.cgrc.nsw.gov.au/business-papers-and-minutes-2019/

Resolution 421/2019

Moved: Cr Craig Stewart

Seconded: Cr Charlie Sheahan

Recommendation

The report on the Annual Local Government New South Wales Conference, prepared by Cr Bowden, be received.

Carried

8.1.13 Information Bulletin

Resolution 422/2019

Moved: Cr Doug Phillips

Seconded: Cr David Graham

The Information Bulletin and correspondence, attached to the report be received and noted.

Carried

8.2 Finance

8.2.1 Monthly Major Projects Status Report - October, 2019

Resolution 423/2019

Moved: Cr Dennis Palmer

Seconded: Cr Gil Kelly

1. The Monthly Major Projects Status Update report be received and noted.

2. The recommended changes to the project budgets as listed be adopted.

Carried

8.2.2 Investment Report - October, 2019

Resolution 424/2019

Moved: Cr Penny Nicholson

Seconded: Cr Leigh Bowden

The Investment Report as at 31st October, 2019 be received and noted.

Carried

8.2.3 Monthly Finance Report for October 2019

Resolution 425/2019

Moved: Cr Craig Stewart

Seconded: Cr Doug Phillips

The Monthly Finance Report for October, 2019 be received and noted.

Carried

8.3 Community and Culture

8.3.1 Library Report

Resolution 426/2019

Moved: Cr Dennis Palmer

Seconded: Cr Charlie Sheahan

1. Council make representation to the Member for Riverina, Steph Cooke, MP in relation to the need for a sustainable state funding model for the ongoing provision of public library services.

2. Council write to the Hon. Don Harwin, Minister for the Arts and the Hon. Walt Secord, Shadow Minister for the Arts, calling for bi-partisan support for Consumer Price Index (CPI) indexation of state funding for NSW public libraries, as well as legislation of all elements of the 2019-20 to 2022-23 NSW state funding model.

3. Council take a leading role in lobbying for sustainable state government funding for libraries.

4. Council endorse the distribution of the NSW Public Libraries Association NSW library sustainable funding advocacy information in Council libraries, as well as involvement in any actions proposed by the Association.

Carried

8.3.2 AMPOL Fuel Site- Gathering Early History Workshop

Resolution 427/2019

Moved: Cr Leigh Bowden

Seconded: Cr Penny Nicholson

1. The AMPOL Fuel Site – Gathering Early History Workshop report, the Draft Preliminary Interpretive Concepts and Chronology of the AMPOL Site documents, attached to the report, be received and noted.

2. Conservation Coordinator Louise Halsey be invited to present to Council her proposal for the AMPOL Fuel Depot site located on the Olympic Highway at the southern entrance to Cootamundra.

Carried

8.3.3 Inquiry - Support for Drought Affected Communities

Resolution 428/2019

Moved: Cr Leigh Bowden

Seconded: Cr Charlie Sheahan

That a submission be prepared for the NSW Government Inquiry into support for drought affected communities in NSW, recommending:

(a) The NSW Government consider rate relief for rural businesses as a form of support for drought affected communities.

(b) That the NSW Government provide financial and administrative support to local Councils to enable them to implement the relief without incurring additional costs for ratepayers.

Carried

8.3.4 Everyone Can Play Application - Lindley Park South Gundagai

Resolution 429/2019

Moved: Cr David Graham

Seconded: Cr Charlie Sheahan

Council endorse a matched application for funding for Lindley Park South Gundagai to the Everyone Can Play Grants.

Carried

8.4 Development, Building and Compliance

8.4.1 Development Applications Approved October 2019

Resolution 430/2019

Moved: Cr Craig Stewart

Seconded: Cr Gil Kelly

The information on Development Applications approved in October, 2019 be noted.

Carried

8.4.2 Adoption Of Coota 2050 Strategy

Resolution 431/2019

Moved: Cr Leigh Bowden

Seconded: Cr Penny Nicholson

Council adopt the Coota 2050 Strategy.

Carried

VOTING RECORD
FOR RESOLUTION	AGAINST RESOLUTION
Cr Abb McAlister (Mayor) Cr Dennis Palmer Cr Leigh Bowden Cr David Graham Cr Gil Kelly Cr Penny Nicholson Cr Doug Phillips Cr Charlie Sheahan Cr Craig Stewart	Nil
ABSENT	DECLARED INTEREST
Nil	Nil

8.4.3 Adoption Of Rural Lands Strategy

Resolution 432/2019

Moved: Cr Dennis Palmer

Seconded: Cr Penny Nicholson

1. Council refused the Rural Lands Strategy

2. Further discussion with stakeholders be undertaken prior to the Rural Land Strategy being resubmitted for the consideration of Council.

Carried

VOTING RECORD
FOR RESOLUTION	AGAINST RESOLUTION
Cr Abb McAlister (Mayor) Cr Dennis Palmer Cr Leigh Bowden Cr David Graham Cr Gil Kelly Cr Penny Nicholson Cr Doug Phillips Cr Charlie Sheahan Cr Craig Stewart	Nil
ABSENT	DECLARED INTEREST
Nil	Nil

8.4.4 Control Of Public Reserve 88379 - Corner Gundagai and Jugiong Roads Cootamundra

It was moved by Cr’s Palmer and Kelly;

1. Council accept the appointment of Land Managers of Public Reserve 88379 - Corner Gundagai and Jugiong Roads Cootamundra.

2. An additional purpose for Environmental Protection and Sustainable Grazing as a Reserve Purpose (on the condition that the grazing area is fenced out of environmental protection area) be permitted.

On being put to the vote the Motion was LOST.

VOTING RECORD
FOR RESOLUTION	AGAINST RESOLUTION
Cr Dennis Palmer Cr Gil Kelly	Cr Abb McAlister (Mayor) Cr Leigh Bowden Cr David Graham Cr Penny Nicholson Cr Doug Phillips Cr Charlie Sheahan Cr Craig Stewart
ABSENT	DECLARED INTEREST
Nil	Nil

Resolution 433/2019

Moved: Cr Doug Phillips

Seconded: Cr Gil Kelly

Council advise Crown lands that the offer for Cootamundra-Gundagai Regional Council to manage control of public reserve 88379 Corner Gundagai and Jugiong Roads Cootamundra is declined.

Carried

VOTING RECORD
FOR RESOLUTION	AGAINST RESOLUTION
Cr Abb McAlister (Mayor) Cr Leigh Bowden Cr David Graham Cr Penny Nicholson Cr Doug Phillips Cr Charlie Sheahan Cr Craig Stewart	Cr Dennis Palmer Cr Gil Kelly
ABSENT	DECLARED INTEREST
Nil	Nil

8.4.5 Planning Proposal No 4 to Gundagai Local Environmental Plan

Resolution 434/2019

Moved: Cr Penny Nicholson

Seconded: Cr Charlie Sheahan

1. Council proceed with the amendment to Schedule 1 of Gundagai Local Environmental Plan 2011 to permit health consulting rooms at 236 Punch Street Gundagai, Lot 2 DP 634697 and defer the remainder of Planning Proposal No 4 until the matters raised by NSW Planning Industry & Environment (Biodiversity and Conservation Division) have been resolved.

2. That Gundagai Local Environmental Plan be amended as follows:

Schedule 1 Additional Permitted Uses

1. Use of certain land at 236 Punch Street, Gundagai

This clause applies to land at 236 Punch Street, Gundagai being Lot 2 DP634697.

Development for the purpose of health consulting rooms is permitted with development consent.

Carried

VOTING RECORD
FOR RESOLUTION	AGAINST RESOLUTION
Cr Abb McAlister (Mayor) Cr Dennis Palmer Cr Leigh Bowden Cr David Graham Cr Gil Kelly Cr Penny Nicholson Cr Doug Phillips Cr Charlie Sheahan Cr Craig Stewart	Nil
ABSENT	DECLARED INTEREST
Nil	Nil

8.5 Regulatory Services

Nil

8.6 Assets

8.6.1 Concept Design Report, Cootamundra Water Supply System Rechlorination and Reservoir Review

Resolution 435/2019

Moved: Cr Dennis Palmer

Seconded: Cr Craig Stewart

The Concept Design Report – Cootamundra Supply System Re-chlorination and Reservoir Review be received and noted.

Carried

8.7 Civil Works

8.7.1 Civil Works and Technical Services Report - November 2019

Resolution 436/2019

Moved: Cr Charlie Sheahan

Seconded: Cr Gil Kelly

The Civil Works and Technical Services Report for the month of November, 2019 be received.

Carried

8.7.2 Council Mini Hiace Bus Community Usage Reveiw

Resolution 437/2019

Moved: Cr Penny Nicholson

Seconded: Cr Leigh Bowden

1. Council endorse a further five month trial period be undertaken to 30^th April, 2020.

2. Council undertake consultation with representatives of Mirabooka to develop a fee proposal, to be included in the report, to be prepared and submitted to the Ordinary Meeting to be held Tuesday, 26^th May, 2020 for the consideration of Council for inclusion in the 20/21 Fees and Charges.

3. A further report with more accurate hire details be prepared and submitted to the Ordinary Meeting to be held Tuesday, 26^th May, 2020 for the consideration of Council.

Carried

8.8 Technical Services

Nil

8.9 Facilities

Nil

8.10 Waste, Parks and Recreation

8.10.1 Cootamundra CBD Streetwise Outdoor Seating Advertising Agreement Renewal

This item was moved to above item 5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 29th October, 2019 on page 4.

8.10.2 Cootamundra CBD Street Tree Light Enhancement Review

Resolution 438/2019

Moved: Cr Penny Nicholson

Seconded: Cr Leigh Bowden

1. The Cootamundra CBD Street Tree Light Enhancement Review report be received an noted

2. Council approve for all relevant trees located on Parker Street, between Wallendoon and Adam Streets, to have enhancement lights installed.

3. For consideration in the 20/21 budget.

Carried

8.10.3 Cootamundra Aquatic Centre Operating Hours Trial Review

Resolution 439/2019

Moved: Cr Gil Kelly

Seconded: Cr Penny Nicholson

Defer the Cootamundra Aquatic Centre Operating Hours Trial Review to the Ordinary Meeting scheduled to be held on 10^th December, 2019.

Carried

8.10.4 Cootamundra Aquatic Centre Operations Plan

Resolution 440/2019

Moved: Cr Gil Kelly

Seconded: Cr Dennis Palmer

Defer the Cootamundra Aquatic Centre Operations Plan to the Ordinary Meeting scheduled to be held on 10^th December, 2019

Carried

8.10.5 Annual Community Free Green Waste Collection Service

Resolution 441/2019

Moved: Cr Gil Kelly

Seconded: Cr Dennis Palmer

1. The report on the Annual Community Free Green Waste Collection Service currently delivered to Cootamundra residents be received and noted.

a. The free kerb side green waste collection service be cancelled until the Strategic Waste Strategy is adopted and the actual cost of the service can be established and reported back to Council.

b. Council reinstate two (2) annual free green waste tip days, subject to conditions.

3. The community be informed of Council’s decision through its usual media channels.

Carried

8.10.6 Request From Cootamundra Swimming & Lifesaving Club Inc. That Entry Fees of The Cootamundra Aquatic Centre For Family Members and Spectators Be Waived During the 2019/2020 Swimming Season.

Resolution 442/2019

Moved: Cr Charlie Sheahan

Seconded: Cr Penny Nicholson

1. Cootamundra Swimming and Life Saving Club swimmers be exempted from paying the pool entry fee after 5:30 for Thursday nights club swims undertaken by Cootamundra Swimming and Life Saving Club.

2. Family members and spectators be permitted free entry to the Cootamundra Aquatic Centre, in accordance with Council’s Fees and Charges during Club events.

Carried

9 Motion of which Notice has been Given

Nil

10 Questions with Notice

Nil

11 Confidential Items

11.1 Confidential Report

Resolution 443/2019

Moved: Cr Charlie Sheahan

Seconded: Cr Craig Stewart

1. Items 11.2, 11.3, 11.4 and 11.5 be considered in closed Council at which the press and public are excluded in accordance with the applicable provisions of the Local Government Act, 1993 and related public interest reasons detailed.

2. In accordance with section 11 (2) and (3) of the Local Government Act, 1993, the reports, correspondence and other documentation relating to Items 11.2, 11.3, 11.4 and 11.5 be withheld from the press and public.

11.2 Waste Strategy & Business Plan Review

Provisions for Confidentiality

Section 10A (2) (f) – The Confidential Report contains details of systems and/or arrangements that have been implemented to protect council, councillors, staff and Council property.

Public Interest

It is considered that discussions of this matter in open Council would, on balance, be contrary to the public interest as it would prejudice Council's ability to secure the optimum outcome for the community.

11.3 Land Classification of Council Owned Land - Lot 13 DP 11023375 - 87 First Avenue, Gundagai

Provisions for Confidentiality

Section 10A (2) (f) – The Confidential Report contains details of systems and/or arrangements that have been implemented to protect council, councillors, staff and Council property.

Public Interest

11.4 Notice of Motion of Rescission - Lease of Road Between Lot 5 DP1092838 and Lots 60, 61 and 62 DP753604 Cootamundra

Provisions for Confidentiality

Section 10A (2) (g) – The Confidential Report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

Public Interest

It is considered that discussion of this matter in Open Council would, on balance, be contrary to the public interest as it may prejudice Council's ability to secure the optimum outcome for the community.

11.5 Offer to Purchase Council's Shareholding in Southern Phone Company Limited

Provisions for Confidentiality

Section 10A (2) (c) – The Confidential Report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

Public Interest

Carried

11.2 Waste Strategy & Business Plan Review

Resolution 444/2019

Moved: Cr Charlie Sheahan

Seconded: Cr Doug Phillips

1. The Draft Waste Strategy and Business Plan Review Report be received and noted.

2. The Draft Waste Strategy as presented be adopted in principal, and that the Mayor, Deputy Mayor, General Manager, Manager Waste, Parks and Recreation Services, and other stakeholders as identified, enter into discussions with Elouera Association Inc. as soon as possible, and prior to releasing the report to the community for comment and discussion.

3. The Draft Waste Strategy be put on public exhibition for the purpose of community consultation for a three month period from February, 2020 to April, 2020.

4. A Communication Implementation Plan, including the identification of risks, be developed internally prior to the Strategic Plan being released.

5. A report and all associated findings and recommendations from the community consultation process be prepared and returned to Council for review in May 2020.

Carried

11.3 Land Classification of Council Owned Land - Lot 13 DP 11023375 - 87 First Avenue, Gundagai

Note: Having disclosed a significant non-pecuniary interest in this item Cr Graham left the meeting.

Resolution 445/2019

Moved: Cr Doug Phillips

Seconded: Cr Penny Nicholson

1. Council endorse the purchase of 87 First Avenue, Gundagai by Gundagai Preschool Kindergarten.

2. Council classify lot 13 DP 1102375 87 First Avenue Gundagai as operational land.

Carried

11.4 Notice of Motion of Rescission - Lease of Road Between Lot 5 DP1092838 and Lots 60, 61 and 62 DP753604 Cootamundra

Resolution 446/2019

Moved: Cr Gil Kelly

Seconded: Cr Charlie Sheahan

The following resolution carried at the Council Meeting held on 26 March 2019 in relation to Item No. 11.2 Lease of Road Reserve Between Lot 5 DP10928338 and Lots 60,61 & 62 DP753604 Cootamundra (late item)/ Resolution 095/2019 be rescinded be rescinded:

Council enter into a five (5) year lease of unused public road ‘Netherleigh Lane’ (Lot 5 DP 10928338 and Lots 60, 61 & 62 DP 753604) with the owner of ‘Netherleigh’, 294 Netherleigh Lane Cootamundra in accordance with Section 153 of the Roads Act 1993 for an annual fee of $145

Carried

11.5 Offer to Purchase Council's Shareholding in Southern Phone Company Limited

Resolution 447/2019

Moved: Cr Gil Kelly

Seconded: Cr Leigh Bowden

1. Council agree to the sale of Southern Phone shares to AGL Energy in line with the share sale agreement.

2. Council delegate to the General Manager to execute any relevant documentation necessary.

Carried

11.6 Resumption of Open Council Meeting

Resolution 448/2019

Moved: Cr Dennis Palmer

Seconded: Cr Gil Kelly

The Open Council meeting resume.

Carried

11.7 Announcement of Closed Council Resolutions

Note: The Chairperson announced the resolutions made in Closed Council.

The Meeting closed at 9:14pm.

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 10 December 2019.

................................................... ...................................................

CHAIRPERSON GENERAL MANAGER

Ordinary Council Meeting Agenda

10 December 2019

8.4.2 Development Application 2019/139 - 8 Chamen Street, Cootamundra - Use Of Unauthorised Carport

DOCUMENT NUMBER

318881

REPORTING OFFICER

Sharon Langman, Manager Development, Building and Compliance

AUTHORISING OFFICER

Phil McMurray, General Manager

RELEVANCE TO COMMUNITY STRATEGIC PLAN

3. Sustainable natural and built environments: we connect with the places and spaces around us

3.2 Our built environments support and enhance liveability

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

Council has a legislative requirement to assess applications in accordance with the provisions of the Environmental Planning and Assessment Act, 1979 to ensure that development is suitable for its proposed location and in accordance with the provisions of legislation.

Seeking retrospective approval of an unauthorised building, whilst permissible under legislation, may lead to possible legal action should the recommendation of this report be upheld. Legal Action may be required to enforce an Order to demolish the building should an Order be served and should the Owner not comply with the Order.

POLICY IMPLICATIONS

This application seeks to vary the provisions of Council’s Development Control Plan (DCP) and seeks authorisation of a structure that has been constructed without consent and in contrary to Council’s adopted DCP provisions.

A building line variation to the DCP 2013 will be required if the carport is to remain in its current location. Otherwise, the carport will need to be demolished and Order Number 3 of Schedule 5 of the Environmental Planning and Assessment Act 1979 could be used to require the unauthorised building to be demolished.

ATTACHMENTS

Nil

Recommendation

That retrospective Development Application 2019/139 for a detached metal carport ancillary to the existing dwelling at Lot 5 DP 10285, 8 Chamen Street, Cootamundra be refused for the following reasons:

1. The carport will have an adverse impact on the streetscape and will be out of character with the surrounding development as the carport dominates the streetscape appearance and does not blend in with the surrounding built environment.

2. The carport does not satisfy clause 1.2 (2) (a) of the Cootamundra Local Environmental Plan 2013 as the location of the carport adversely impacts on the character of the streetscape and the locality by not maintaining or enhancing local amenity.

3. The carport does not comply with clause 2.1 of the Cootamundra Shire Council Development Control Plan, 2013 in that the front setback is inconsistent with the setbacks of adjoining development.

4. The carport does not comply with clause 2.1 of the Cootamundra Shire Council Development Control Plan, 2013 in that the “scale” component of the carport dominates the appearance of the dwelling and is not compatible or sympathetic to the dwelling.

Consequently, it is also recommended that the Building Information Certificate be refused pursuant to clause 6.26 (4) of the Environmental Planning and Assessment Act, 1979 as Council proposes to refuse the retrospective Development Application for the carport and issue a Notice of Intention to Serve an Order requiring the carport to be demolished. Therefore, it follows that a Building Information Certificate cannot be issued.

Introduction

The owners of the property have constructed a double carport at the front of the premises without obtaining development consent from Council. The application is for the continued use of the unauthorised building and for Council to issue a Building Information Certificate to allow the building to remain.

This report is presented to Council for determination as, following assessment of the application, it recommended that the application be refused and the existing structure be demolished. In accordance with the delegations issued to the General Manager where it is recommended by the assessing officer that an application be refused the matter is referred to Council for determination. This report to Council is the assessing officer’s report.

Discussion

Development Application: DA2019/139

Proposal: Continued Use of Carport- Retrospective Development Application

Site Address: Lot 5 DP10285, 8 Chamen Street, Cootamundra

Zone: R1 General Residential, Cootamundra Local Environmental Plan 2013

Applicant: Mark David Neil Mauro

Assessing officer: Ralph Tambasco

Assessment Report:

BACKGROUND:

The owners of the property have constructed a double carport at the front of the premises without obtaining development consent from Council. The carport is an open structure and is 6.52 metres long by 5.75 metres wide having a floor area of 37.49m². The Lot also contains an existing detached metal shed/garage that has a floor area of 171m². The carport has an overall height of 2.43 metres above ground level and is located 680mm to 700mm from the South Western side boundary and from 540 mm to 570 mm from the front boundary.

The existing dwelling is located from 7.5 metres to 9.3 metres from the front boundary of the Lot. As per the requirements of the DCP 2013 for infill development, the building line for the carport has been calculated based on the average of the front setbacks of the nearest two neighbouring dwellings located within 40 metres on either side of the subject site. In this regard 6 Chamen St is located 8 metres from its front boundary and 10 Chamen St is located 11 metres from its front boundary. Therefore the average of the above two setbacks is 9.5 metres; accordingly, the proposed carport should be located 10.5 metres from the front boundary to 8 Chamen St as the DCP 2013 requires garages, sheds and carports to be setback at least 1 metre from the primary (or secondary) building line. The proposal, if approved, will result in the existing carport remaining in its location being from 540mm to 570mm from the front boundary as determined by the submitted Survey Report dated 23/10/2019. This represents a substantial encroachment of approximately 10 metres onto the front building line setback.

Figure 1 – Aerial view of the site showing existing boundary setbacks without the carport in place.

The construction of the carport has not been completed as the owners have stopped work until the Development Application has been determined. The owners are seeking a variation to the Cootamundra Development Control Plan 2013 to allow the carport to remain in its present location and to enable it to be completed in accordance with the plans accompanying the Development Application.

PREVIOUS DEVELOPMENT PROPOSALS AND DECISIONS:

Existing dwelling constructed in 2004.

INTEGRATED / DESIGNATED / ADVERTISED / NEIGHBOUR NOTIFICATION / CROWN DEVELOPMENTS:

The application is considered to be Local Development and was notified as per clause 1.7(b) of the Cootamundra DCP 2013 and no submissions were received.

STATUTORY CONSIDERATIONS / EP&A ACT / EP&A REGULATION:

State Environmental Planning Policies:

There are no State Environmental Planning Policies that directly relate to this proposal.

Regional Environmental Planning Policies:

There are no Regional Environmental Planning Policies that directly relate to this proposal.

Cootamundra LEP 2013:

The carport is located in the R1 General Residential Zone of the Cootamundra LEP 2013. The objectives of the R1 Zone do not adequately address the subject carport, however as the carport is ancillary to the existing dwelling and residential use of the land, it is considered to satisfy the R1 zone objectives.

However, Clause 1.2 of the LEP 2013 lists the “Aims of the Plan” and it is considered that the carport does not satisfy 1.2 (2) (a) of the LEP 2013 which states “to ensure that local amenity is maintained and enhanced”. It is considered that the location of the carport adversely impacts on the character of the streetscape and the locality.

Draft Local Environmental Plan:

There is no draft Local Environmental Plan that impacts this site

Cootamundra DCP:

Clause 2.1: Building Line Setbacks

The proposal does not comply with all of the requirements of clause 2.1 of the DCP 2013. The setback requirements for garages, sheds and carports are that they must be setback at least 1 metre from the primary or secondary building line.

The primary building line for the carport has been calculated based on the average of the front setbacks of the nearest two neighbouring dwellings located within 40 metres on either side of the subject lot. The dwelling on 6 Chamen St is located 8 metres from its front boundary and 10 Chamen St is located 11 metres from its front boundary. Therefore the average of the above two setbacks is 9.5 metres; accordingly, the proposed carport should be located 10.5 metres from the front boundary to 8 Chamen St. The carport is located from 540mm to 570mm from the front boundary which represents a substantial encroachment of approximately 10 metres onto the front building line setback.

This section of the DCP also states that the setbacks are required “in order to provide a diverse and attractive streetscape” and so that “the house’s presentation to the street should be dominant and the impact of garages, sheds and carport on the streetscape should be minimised “. The Statement of Environmental Effects submitted by the owner states that the carport “satisfies the performance criteria of the Table to clause 2.1 of the DCP 2013”.

In staff’s opinion, the first Performance Criteria is not met. This criteria states that “front setbacks are generally consistent with those of adjoining development”. This is clearly not the case as all other dwellings in this street do not have structures or buildings located within the front primary building line. The presentation of the existing dwelling to the streetscape is not dominant as the carport dominates the streetscape appearance and does not blend in with the surrounding built environment.

The second Performance Criteria states that “the setback of a building is related to its height and also to the width of the street in which it is located, in such a way to ensure pedestrians and other users of the area do not feel buildings are overbearing”. It is considered that the carport adequately addresses this performance criteria as the single storey height of the carport and the width of the street ensures that the carport is not overbearing to pedestrians and other users of the street.

The third Performance Criteria states that “setbacks provide space for residents to feel an adequate sense of visual and acoustic privacy when using rooms fronting the street”. Even though this refers to new dwellings rather than attached or detached ancillary buildings/structures, it is considered that the double carport does not comply with this criteria and interferes with the amenity of the owners of the dwelling in that it does not provide visual or acoustic privacy when the owners are using the front rooms of their dwelling.

The fourth Performance Criteria states that “the scale and appearance of new development is compatible and sympathetic to existing development in the locality (particularly where the site has some heritage significance or distinctive character)”. It is considered that the scale component of the carport does not comply with this requirement as the carport dominates the appearance of the dwelling and is not compatible or sympathetic to the dwelling. However the appearance of the carport is sympathetic to the existing dwelling in that the selected colour schemes match those of the existing dwelling.

Page 22 of the DCP 2013 outlines the steps that must be followed in assessing an application for a building line variation. It is considered that item 1 has not been complied with as the Applicant has not provided satisfactory reasons why the proposal should have variations approved to the DCP 2013 to allow the building to remain in its present location.

As far as establishing a “genuine need” for the DCP building line variation, it needs to be considered that the site contains an existing large detached metal shed/garage located at the rear of the premises which is accessed by a rear laneway. Access from the shed/garage is then available to the dwelling. The fact that the distance from the dwelling along the existing streets to this rear shed/garage is about 173 metres is not considered to be a determinative factor and should have no influence on whether Council varies the building line setback requirements of the DCP 2013 particularly as access from the shed/garage is readily available to the existing dwelling. The owners would have been aware of this when they purchased the dwelling and should have relied on their own investigations and/or enquiries at the time.

The Statement of Environmental Effects (SEE) accompanying the application states that Council have approved other similar front primary building line setbacks for similar open carports located within the front primary building line and cites two examples of this. However, for both of these locations (64 Poole Street and 114 Mackay Street), the SEE does not state that the buildings concerned are located at a distance of 6 metres and 1.8 metres respectively from the front boundaries of their respective allotments.

Clause 2.2: Site Coverage and Floor Area Limitations

The area of the allotment is 797m² and therefore the site coverage of the dwelling house and all ancillary development on the Lot must not exceed 60% or 292m², whichever is the greater. The area of all existing buildings on the site is 402m² plus the area of the carport which is 37.49m² which totals 439.49m². 60% of 797m² is 478m² which is greater than 292m². Therefore as 439.49m² does not exceed 478m², the proposed site coverage complies.

Although the existing detached shed/garage (171m²) is greater than the 70m² allowable under clause 2.2, the proposed carport has an area of 37.49m² and therefore complies with the floor area limitations of the DCP 2013.

Clause 2.3: Residential Driveway Safety Requirements

As there are no interconnecting doorways from the dwelling to the carport, with access being from the front door of the dwelling only, this clause is complied with.

Clauses 2.4, 2.5 and 2.6 of the DCP are not applicable.

Traffic Generating Guidelines:

This guidelines in not applicable to this proposal

Section 7.11 Contributions Policies:

This proposal is not subject to Section 7.11 or 7.12 contributions.

REFERRALS:

It was not necessary or any referrals to be undertaken for this proposal.

SECTION 4.15 CONSIDERATIONS:

Likely Impact of Development:

It is considered that the carport will have an adverse impact on the streetscape and will be totally out of character with the surrounding development as the carport dominates the streetscape appearance and does not blend in with the surrounding built environment. The carport is located from 540mm to 570mm from the front boundary which represents a substantial encroachment of approximately 10 metres onto the front building line setback.

Clause 1.2 of the LEP 2013 lists the “Aims of the Plan” and it is considered that the carport does not satisfy 1.2 (2) (a) of the LEP 2013 which states “to ensure that local amenity is maintained and enhanced”. It is considered that the location of the carport adversely impacts on the character of the streetscape and the locality.

Context and Setting:

The carport is considered to have a negative and adverse impact on the context and setting of the locality. The attempt to blend the construction and finish of the carport with the existing dwelling is still envisaged to have some detrimental impact on the existing streetscape as there are no other nearby buildings or structures located forward of the building line in the near vicinity.

Access, Transport and Traffic:

Existing access to the carport is by an existing kerb layback. No additional traffic movements are envisaged as a result of the carport.

Public Domain:

The carport will have an adverse impact on the public domain as a result of its prominent location in the streetscape.

Utilities:

The site has existing utilities which will not be adversely impacted by the proposal.

Heritage:

The property is not located in the heritage conservation area, nor is the dwelling a local or State heritage item.

Other Land Resources:

Water:

No adverse impacts envisaged. Stormwater infrastructure exists within the vicinity and has capacity to adequately cater for the proposed development. The carport does not require any additional water connections nor does it increase the demand for reticulated water.

Soil:

No adverse impacts envisaged as will not be disturbed as carport posts are dynabolted to the existing floor slab.

Air and Microclimate:

No detrimental impacts envisaged as a result of this proposal.

Flora and Fauna:

No detrimental impacts envisaged as the carport is located on a developed area of the site.

Waste:

No detrimental impacts envisaged as the majority of the construction work has been completed.

Energy:

No detrimental impacts envisaged.

Natural Hazards:

None identified

Social Impact and Locality:

The carport is likely to have a negative impact on the locality based on the reasons espoused above. There are no other similar buildings/structures in the street that encroach to such an extent as this carport encroaches onto the permissible building line distance from the front boundary. The carport is a detached building located in the front yard of the existing dwelling and will have a definite negative impact on the streetscape and on the locality.

Economic Impact and Locality:

The proposal is in a residential area and will have no adverse economic impacts.

Site Design and Internal Design:

As discussed above the site design has the carport situated in front of the building line and forward of the dwelling effectively dominating the street presence of the site. The size and location of the steel framed carport within the front yard of the property is prominent within the streetscape and is inconsistent with existing buildings in the street in that it has a negative visual impact.

Construction Matters:

As the carport was constructed without a Construction Certificate being issued, a Building Information Certificate has also been submitted to Council to formalise the existing unapproved building.

Submissions:

The application was notified and no submissions were received.

Public Interest:

The proposal is deemed to be prejudicial to the public interest given its strong visual impact on the streetscape as a result of its location within the building line setback area. If approved, the carport may set a precedent for similar oversized buildings forward of the building line in the locality.

CONCLUSION:

The carport, which was constructed without Development Consent being obtained and has a negative impact on the streetscape and in the locality in terms of its size and location. Therefore, it is considered that the carport is unsuitable in its current location and should be demolished.

Ordinary Council Meeting Agenda

10 December 2019

8.4.3 Development Application 2019/103 - Fish Rendering Trial- 572 Stockinbingal Road, Cootamundra

DOCUMENT NUMBER

318998

REPORTING OFFICER

Sharon Langman, Manager Development, Building and Compliance

AUTHORISING OFFICER

Phil McMurray, General Manager

RELEVANCE TO COMMUNITY STRATEGIC PLAN

3. Sustainable natural and built environments: we connect with the places and spaces around us

3.1 The natural environment is valued and protected

4. Good governance: an actively engaged community and strong leadership team

4.2 Active participation and engagement in local decision-making

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

Council is required to undertake its duties under planning legislation in an ethic and transparent manner. Applications are required to be assessed against criteria of the Environmental Planning and Assessment Act, 1979 contained within Section 4.15.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil

Recommendation

The development application for the rendering of fish at Lot 1 DP611755, 572 Stockinbingal Road (DA2019/103) be approved subject to the following conditions:

1. GEN Condition – Compliance with Council

The Development being completed in accordance with plans and specifications stamped by Council listed in the table below and the Statement of Environmental Effects, except where varied by conditions of this consent.

Document Reference	Description	Author	Date
14/40	Statement of Environmental Effects and Planning Report (Revised)	Cowman Stoddart Pty Ltd	November 2019
	Fish Rendering: Odour Impact Assessment	GHD	November 2019
	Environmental Impact of Waste-Water Generated from Rendering Plant Processing Fish as Raw Material	ProAnd Associates	November 2019
MMC001	Manildra Group of Companies Safety Data Sheet – Mackerel Fish Meal	Manildra Group	15/08/2019
	Section – 3 Control Through HACCP Part 6 Rendering (Quality Assurance Manual)	Manildra Meat Company	12/11/2019

Reason: To confirm the details of the application as submitted by the applicant and as approved by Council

2. GEN Condition – Compliance with Legislation

Regardless of consent the applicant is still responsible for adhering to the requirements of State Legislation including (but not limited to) the Protection of the Environment Operations Act and Dangerous Goods (Road and Rail Transport) Act.

Reason: This consent does not remove obligations imposed by State and Federal Legislation.

3. GEN Condition – Time Limited Consent

The approval is for a three month period only to determine if the impacts of the proposal are able to ameliorated and managed. This consent shall cease to be operational three months after the date on which it is taken to have commenced.

Reason: This consent does not authorise the development on an ongoing basis.

4. GEN Condition – Render Fish Only

During the time that this consent is in operation, fish are to be the only feedstock for the rendering plant. The processing of other animal by-products and the operation of the abattoir is not to occur during the period of this consent.

Reason: To comply with odour limits and requirements of the NSW Environment Protection Authority

5. GEN Condition – Operation of Facility

This consent authorises the render of fish only, all other abattoirs operations are suspended while this consent is in operation. The operations of the abattoirs and the rendering of fish are NOT to occur concurrently.

Reason: The cumulative impact of the combined operations has not been assessed and the resultant impact on the environment cannot be predicted.

6. GEN Condition – Hours of Operation

During the time that this consent is in operation, plant operations are restricted to the hours of 12:00am Monday to Saturday 11:59pm. No operations to occur on Sundays and Public Holidays.

Reason: To protect the amenity of the neighbourhood.

7. GEN Condition – Recommended Upgrades

Prior to the commencement of this consent the applicant is to install, complete and commission, as recommended by the Statement of Environmental Effects and the GHD Odour Impact Assessment to improve operation and management of odour mitigation measures, the following:

a) Establish a process to recycle the Oil and Grease (O&G) polisher waste-stream, which contains the highest O&G contamination level, back into the rendering cooking vessel.

b) Design and install an in-duct spray humidification system that will condition the inlet process air prior to biofiltration,

c) Install an upgraded weather station to enable long term logging of (at a minimum) wind speed, wind direction, temperature and relative humidity in 30 minute (or finer) increments.

d) Replace the biofilter fan to ensure that fugitive emissions do not result from the rendering building during the receival process

Reason: To protect the amenity of the neighbourhood.

8. GEN Condition – Odour Report

The applicant shall submit an odour report for the biofilter operation following the biofilter fan upgrade and installation of the in-duct spray humidification system. The testing and sampling which form the basis of the report shall be conducted when process is at capacity.

Reason: To protect the receiving environmental and monitor the effectiveness of odour mitigation measures

9. GEN Condition – Temperature Control of Feedstock

Fish stock is to be maintained under temperature control until processing, and any actions taken to maintain temperature are to be recorded.

A record of temperature of raw material deliveries is required to be kept for each truckload that delivers to the site upon delivery and at unloading.

Reason: To protect the amenity of the neighbourhood.

10. GEN Condition – Waste Disposal

Prior to the commencement of this consent the applicant is to provide to Council a waste management pans that includes contingencies in the event that fish on site cannot be processed for whatever reason.

Reason: To ensure that waste control and disposal measures are adequate for the development.

Note: Council’s Cootamundra landfill facility does not have capacity to accept mass disposal of fish into the animal pit.

11. GEN Condition – Truck Washing

All trucks used for the transport of feedstock are to be washed out on site. The truck wash area onsite shall be bunded and washwater directed to the effluent system, away from the stormwater system.

Reason: To ensure that stormwater is not contaminated.

12. GEN Condition – Bunding of Processing Material

Processed material shall be stored in covered bunded areas sized to contain a spill of 150% of the material in the bunded areas.

Reason: To ensure that pollution does not occur in the event of a spill on site.

13. GEN Condition – Complaints Management System

Upon commencement of this consent the applicant shall implement a complaints management system, which shall be published on their website. Contact details for complaints will be provided on the website and on the gate to the premises.

Reason: To ensure that complaints are followed through, rectification measures implemented and the community informed of rectification actions.

14. GEN Condition – Records

A record shall be kept during the fish rendering consent period of any complaints received from the general public including:

a) the date and time of the complaint;

b) the method by which the complaint was made;

c) any personal details of the complainant which were provided by the complainant or, if no such details were provided, a note to that effect;

d) the nature of the complaint;

e) the action taken in relation to the complaint, including any follow-up contact with the complainant; and

f) if no action was taken the reasons why no action was taken.

Records of will be made available to Council Officers and the NSW Environment Protection Authority on request

Reason: To ensure the amenity of the neighbourhood is protected

15. GEN Condition – Irrigation areas

The applicant is to map and record the regime of irrigating effluent to land to ensure that soil capability, capacity and stability is not impacted and to ensure that areas of terrestrial biodiversity are avoided.

Reason: To ensure the amenity of the receiving environment is maintained and the activity is managed in a sustainable manner.

16. GEN Condition – Monitoring

Regular oil and grease analysis is be conducted on wastewater samples taken at the EPA designated monitoring points and at the discharges from the anaerobic and aerated ponds, as part of the normal sampling program.

Reason: To ensure that the receiving environment is not subject to pollution

17. GEN Condition – Monitoring and Reporting

An Environmental Audit Report will be prepared and submitted to Council and the EPA at the completion of the fish rendering trial period which will:

a) Detail the results of temperature monitoring of raw material delivered to the site, and if there are occurrences where fish temperatures rise above 15oC actions taken by the company to remedy these occurrences.

b) Detail the results of monitoring of effluent quality as required by the sites EPL and including oil and grease analysis as recommended by ProAnd.

c) Detail compliance with any development consent conditions issued by Council.

d) Detail compliance with the requirements of the EPL during the fish rendering trail period.

e) Detail any complaints received in relation to the site operations and actions taken to remedy complaints.

Reason: To ensure the environmental impacts of the activity are monitored and mitigated

Introduction

Council has received an application for a trial of fish rendering at the old abattoir site on Stockinbingal Road, Cootamundra. The applicant seeks a six month trial consent to permit fish to be trucked from the south coast of NSW to the Cootamundra plant for processing into fish meal. The meal is then to be trucked off site. The matter was notified to adjoining and potentially impacted property owners with 12 submissions received in response to the notification. In accordance with the delegations issued to staff, due to the number and nature of the submissions this matter is referred to Council for determination.

Discussion

Applicant: Manildra Meat Company

Site: Lot 1 DP611755, 572 Stockinbingal Road, Cootamundra

Development: Rural Industry - Trial alternate material through existing rendering plant (six months trial)

Date Received: 1 August 2019 (Additional information as requested received 28 November, 2019)

Zone: RU1 Primary Production, Cootamundra Local Environmental Plan 2013

Council records indicate that the site has operated as an abattoir in some form since the early 1970’s. Since then numerous additions and amendments have occurred, including the construction of additional killing floors, chillers, boning areas, by products plant, yards, and effluent systems. Due to a series of cumulative factors the use of the site as an abattoir significantly declined with the plant being put into maintenance mode and other forms of externally sourced material were processed in an effort to have an economic return from the site.

In July 2019 the applicant approached Council with a mind to process mackerel caught in southern NSW in the rendering plant at the site. The applicant verbally indicated that they were not certain that the rendering plant would be suitable or capable of being put to such a use. Accordingly, a development application was lodged for the use of the rendering/by products plant for the processing of fish on a trial basis. This application was lodged in August 2019 despite the process of fish rendering having commenced in July 2019 and continued, albeit without consent, to date.

The development is integrated development as it is a scheduled activity under the Protection of the Environment Operations Act, 1997 and a licence is required. The site has an environmental protection licence (No 3889), issued by the NSW Environment Protection Authority (EPA), for ‘rendering or fat extraction and slaughtering or processing animals’. The EPA has indicated that a licence variation to permit the rendering of fish on a trial basis is not required. It is considered by the EPA that the rendering of fish is considered to be livestock processing and this is in accordance with the terms of the licence.

The operation of an abattoir is designated development in accordance with Schedule 3 of the Environmental Planning and Assessment Regulation 2000. Designated development is development for which an environmental impact statement (EIS) is required. Designated development is also subject to third party appeal by an objector under Section 8.8 of the Environmental Planning and Assessment Act, 1979. Modifications or additions to designated developments do not necessarily constitute designated development in their own right and an EIS may not be required providing that it can be demonstrated that the cumulative environmental impacts of the modification and the original applications are no greater than that of the original designated development.

In order for Council to consider the application for the trial it must first be satisfied that the application has in fact been made in the correct manner and be satisfied, as the consent authority, that an EIS is not required for the proposed alteration to the existing approval operations of an abattoir at the site. There is such a mechanism for an applicant to provide information to satisfy the consent authority that an EIS is not required even though the original operation on site required this. That mechanism is contained within the provision of Part 2 of Schedule 3 of the Environmental Planning and Assessment Regulation, 2000.

The applicant has argued that the proposed trial does not constitute designated development (and therefore does not require an EIS) pursuant to the provisions of Clause 35, Part 2, Schedule 3 of the Environmental Planning and Assessment Regulation, 2000 as the environmental impacts posed by the trial are not significantly greater when compared to existing approved operations. This Clause permits alterations and additions to a development is not designated development if, in the opinion of the consent authority, the alterations or additions do not significantly increase the environmental impacts of the total development compared with the existing approved development. In this instance the applicant is arguing that the proposed fish rendering at the existing approved abattoir and rendering/by products plant do not significantly increase the environmental impacts of the development when compared with the operation of the plant as an abattoir.

Clause 36 provides the factors that are to be taken into consideration to determine if the altered or additional development on site is in fact designated development. It is worth noting that without reliance on this clause that the proposal to render fish at the plant would be designated development due to the amount of material processed. These factors to be considered are:

(a) The impact of the existing development having regard to factors including:

(i) Previous environmental management performance, including compliance with the conditions of any consent, licences, leases or authorisations by a public authority and compliance with any relevant codes of practice,

Despite the activity of fish rendering occurring on site since July 2019 and numerous odour complaints to both Council and the EPA, the applicant has undertaken various odour reducing activities. These activities include improvements to the anaerobic pond and biofilter to reduce odour. Communications with EPA indicate that complaints were regularly received until early October when they reduced in number. Most recent communications indicate that no complaints have been received for December 2019.

Over the years there have been numerous activities undertaken to improve environmental performance of the operations. The applicant has provided a list of improvements to the operations on site since 2003 (shown in table 1 below).

The applicant took advantage of the rendering of fish in recent months when significant odour impacts were experienced within the community to identify potential sources of the odour. These were identified as build-up of fats/scum on the aerobic pond, sumps, condensate from the cooker entering into sumps, waste water drains. During this time the applicant has taken measures to address these potential odour sources including removal of solids from anaerobic pond which prevent effluent from discharging into the pond and diverting straight to the aerobic pond; dosing of the aerobic pond; covering of sumps, replace aerator on aerobic pond and biofilter upgrades.

Whilst it is acknowledged by the applicant that rendering of fish has been occurring on the site since early July 2019, the SEE argues that the applicant has demonstrated sufficient past environmental management performance and a commitment to continuous environmental improvements. The SEE notes that the applicant has worked with NSW EPA to identify and reduce odour sources in accordance with the licence requirements as they believe that the licence is a separate matter from development consent and as a variation to the licence is not requirement to undertaken rendering of fish did not believe they were acting contrary to the EPA requirements.

Table 1 Environmental Improvements and Programs at Site post 2003

(ii) rehabilitation or restoration of any disturbed lands

The proposal does not require the rehabilitation or restoration of any disturbed land. The site has approval to operate as an abattoir and associated rendering plant for the by-products of the abattoir process. There is an existing effluent system in place. The alteration of feedstock for the rendering plant does not result in the need to rehabilitate or restore any disturbed lands.

The applicant has provided a wastewater assessment that indicates that wastewater from the fish rendering process is less than that of an operating abattoir. Waste water reduction is as a result of decreased water usage of the plant overall, in that no slaughtering is taking place and rendering only is occurring. The same wastewater assessment indicates that nutrients within the effluent from the rendering process will have lesser impacts on soil quality than that of effluent from abattoir operations.

(iii) the number and nature of all past changes and their cumulative effects

There have been no less than 30 amendments, modifications and alterations approved on the site since 2000. This proposal is one more modification, the applicant has verbally indicated that they are prepared to submit a fresh development application to govern the site which would supersede any operational consent that exist on site. This would permit all site operations to fall under a single consent.

The application indicates that the site would not process fish when the abattoir is operating for the slaughtering of animals. An assessment of the effluent system indicates that less wastewater is produced by the rendering of fish and the impacts on soil quality are also less than effluent from an operating abattoir.

It is acknowledged that the odour profile of fish rendering and abattoir operations is significantly different. Nonetheless the environmental protection licence requirements are the same in that irrespective of the feedstock the requirement to limit odour impact remains the same. A revised odour assessment has been provided which makes recommendation for additional works to further reduce odour impact and these would not only be of benefit for fish rendering but also during operation of the abattoir and the associated by products rendering.

(d) the likely impact of the proposed alteration or addition having regard to factors including:

(i) the scale, character or nature of the proposal in relation to the development,

The proposal does not involve any new construction and heavy vehicle movements and animal noise impacts are likely to be less than when the site operated as an abattoir.

The scale and character of the built environment remains the same, however the scale, character and nature of the outputs in terms of odour are significantly greater as referenced by many of the complaints noting timeframes of impact are longer, the character and nature of the odour is stronger and more offensive than that of an abattoir.

Revised odour modelling and continual upgrades to the odour extraction and management system together with improvements to the effluent system indicate that the odour impact is able to be managed. It is however unclear how the effluent system would respond and the timeframe for that response if abattoir operations were to recommence.

(ii) the existing vegetation, air, noise and water quality, scenic character and special features of the land on which the development is or is to be carried out and the surrounding locality,

The proposal was referred to the EPA who have indicated that a variation to the environmental protection licence is not required. Nonetheless considerable odour complaints have been received during the unauthorised trial period. Notwithstanding the complaints and the unauthorised trial EPA staff have continually worked with the site operators to reduce odour impacts. A revised SEE including odour assessment and modelling and effluent system assessment have been received. These documents have provided recommended actions to upgrade the onsite systems to further reduce odour impacts. A monitoring regime is also proposed together with a complaints management which will allow the operator and regulators to work together to manage adverse impacts.

The site itself does not contain any special features or scenic qualities nor can it be said that any such features exist in the surrounding locality. As noted above and throughout this report the air quality is impacted by odour which is significantly different in strength, offensiveness, time impacts and character to that of the approved abattoir when operational.

Similarly, the composition of the effluent is different and the ability of the existing effluent system, designed to cater for abattoir wastewater, to adequately cater for the wastewater needs to be considered. An assessment of the effluent system’s ability to cater for the different effluent has been provided. This assessment indicates that the volume of wastewater is significantly reduced from that of an operator abattoirs. Similarly the nutrient content of the effluent from fish rendering is likely to have significantly less impact on the receiving soils. This assessment indicates that the existing effluent system is able to cater for the altered effluent.

It is acknowledged that there is likely to be less noise impact than that produced by an operating abattoir. Due to the absence of live animals on site, reduced truck movements and less cool room compressor equipment and the like.

(iii) the degree to which the potential environmental impacts can be predicted with adequate certainty,

The rendering of fish at the site has been undertaken since July, albeit without the necessary approvals, accordingly the environmental impacts of this process are mainly in relation to odour. The applicant has undertaken odour modelling on at least two separate occasion since the commencement of fish rendering. The first assessment identified a number of actual odour sources and made recommendations for the upgrading of the biofilter in particular. The second assessment contained odour sampling as well as modelling to predict odour distribution and impact. The second assessment included recommendations for additional upgrade to capture additional odour and reduce offsite impacts and impacts on the community.

(iv) the capacity of the receiving environment to accommodate changes in environmental impacts,

The largest impact of the proposed operation is odour and staff research has indicated four potential odour sources being the rendering (heating and cooking) process itself.

As reported to Council previously, an adequately designed, installed and maintained biofilter would assist in reducing this odour, however fugitive odours are to be expected from a system that is not fully enclosed. Since that time the biofilter onsite has been increased in size and additional media has been added. Furthermore additional works have been undertaken on site to direct more air through the biofilter to reduce fugitive emissions.

The second odour source is the wastewater, effluent and irrigation systems. The revised information provided makes an assessment of the effluent and irrigation systems and indicates that the effluent system is able to cater with altered feedstock.

The third is the sludge material that is produced as part of the rendering process, this material is high in oil and is highly odourous. It is recommended in the wastewater assessment that the oil and grease not pass into the aerobic treatment as, due to their organic composition, they have the potential to create odour issues. This report recommends that the oil and greater polisher waste stream be recycled back into the rendering cooking vessel to reduce odour. Similarly the report recommends that the levels of oil and grease in wastewater be included in the monitoring regime parameters.

The end product itself, being fishmeal, also has a high odour output. It has been observed that this material is not stored in bunded areas or undercover. The applicant has not provided details of how the temperature of this product is monitored or regulated as this product has the potential to be considered a dangerous good in terms of transport regulations. Advice from the Dangerous Goods Advisor at NSW EPA indicates that as the end product does not contain any stabiliers (as indicated on the Material Safety Data Sheet provided by the applicant) and is therefore considered to be a dangerous good for the purposes of road transport.

(e) any proposals:

(i) to mitigate the environmental impacts and manage any residual risks,

The site, and the proposal, are subject to EPA licence conditions. The EPA have indicated that they are prepared to consider a trial of fish rendering at the plant, subject to Council consent. At the conclusion of the trial period the licence would be amended to provide limits, monitoring, reporting and control measures.

The revised documentation indicates that with further additional works the odour, being the greatest environmental impact is able to be managed. The application indicates that upgrade works to the effluent system and odour control systems have already commenced and a revised odour report seems to indicate that some improvement in odour emissions has been made. Similarly, odour impact complaints further from the site have reduced, however it is unclear whether this is due to weather conditions or works at the site.

(ii) to facilitate compliance with relevant standards, codes of practice or guidelines published by the department or other public authorities

The revised statement of environmental effects and supporting documentation provides a suite of recommendations to mitigate, monitor and evaluate the proposed and actual measures to reduce the off-site impact of the proposed development.

The above assessment indicates that the overall environmental impact of the proposal is not significantly greater than that of the total development when compared with the existing approved development. The reduction in noise, wastewater output, and soil impact as a result of effluent irrigation are less for fish rendering when compared to the abattoirs operations of 4,000 sheep and 200 cows per day. As a result of upgrades already undertaken, as well as proposed upgrades, to reduce odour the distribution of odour is not likely to be significantly different to that of the approved development. It is however acknowledged that odour strength and profile is different. In the instance the applicant has satisfied Council that the alterations or additions to the processes on site do not significantly increase the environmental impacts of the total development compared with the existing approved development.

Having satisfied the consent authority that an EIS is not required in accordance with the provisions of Part 3, Schedule 3 of the Environmental Planning and Assessment Regulation, 2000 consideration must now be given to the provisions of Section 4.15 of the Environmental Planning and Assessment Act, 1979.

Section 4.15(1)(a)

The provisions of any State Environmental Planning Policies are not altered as a result of this proposal from that assessed as part of the application for the establishment and subsequent expansion and additions to the approved development onsite; being an abattoir.

The proposal as a rural industry (as defined within the Local Environmental Plan to include rendering plants) are permissible within the RU1 Primary Production Zone of the Cootamundra Local Environmental Plan 2013.

The site has been identified on the Terrestrial Biodiversity Map of the Cootamundra Local Environmental Plan as being applicable. The applicant has indicated that no vegetation is to be removed as part of this process. The wastewater assessment report indicates that modelling predicts a depletion of nitrogen and some accumulation of phosphorous long term in areas where irrigation is applied. The EPL contains a requirement that monitoring be undertaken both on groundwater and soil conditions. Furthermore restrictions can be imposed to ensure effluent does not impact upon terrestrial biodiversity be limiting the irrigation to exclude areas mapped as terrestrial biodiversity.

The site is also identified on the Groundwater Vulnerability Map of the Cootamundra Local Environmental Plan. The applicant has indicated that the groundwater will not be impacted by the proposal due to the limited amount of wastewater generated during the trial period being able to be accommodated within the existing effluent system. Nonetheless the wastewater assessment report indicates that there is likely to be some seepage from the treatment and storage ponds. The report notes that for this reason piezometer monitoring points are included in the EPL. The monitoring regime will allow for identification, and where necessary mitigation, of impacts.

The applicable provisions of Cootamundra Development Control Plan are not altered as a result of the application for a trial of fish rendering at the site.

Section 4.15(1)(b)

This section of the Act requires an assessment of the likely impacts of the development on the natural and built environment as well as the social and economic impacts in the locality likely to occur as a result of the development. This section is supported by Schedule 1 of the Regulations that requires applicants to submit a statement of environmental effects which examines what the likely impacts of the development will be, how they have been identified and how they are proposed to be mitigated. Council relies on the information provided by applicants, as well as research, site visits and experience to assess the information provided by applicants to make an informed and balanced assessment of the validity and veracity of the information provided.

Likely Impact of Development:

The major impact associated with this proposal are related to air quality as a result of the odour generated and experienced during the period rendering of fish has been occurring on site. The revised statement of environmental effects includes an odour assessment as measured at the site under fish rendering operating conditions, odour modelling, and an assessment of the effluent treatment systems. As indicated above in the assessment of the validity of the application under Part 3, Schedule 3 of the Environmental Planning and Assessment Regulation, 2000. The site has been operating as an abattoirs for in excess of 40 years. The change in feedstock for the rendering plant is not included in existing approvals and an application is required for this change. This change of feedstock is the subject of this application and assessment. Council is satisfied that the overall environmental impact of the change of feedstock is not significantly greater than the existing approved development, rather some of the environmental impacts such as noise, wastewater and visual impacts are likely to be lesser than that of the approved development.

Context and Setting:

The site is located within a rural area approximately 4km north of the main street of Cootamundra. The abattoir and buildings on site have existed in some form since mid-1970s. The proposal for a fish rendering process is suitable given the location of the site in a rural setting. There is no proposed building works that are likely to impact on the visual amenity. Nonetheless the impact of odour, even in a rural setting, cannot be ignored. Odour impact is the largest single factor associated with this proposal.

The applicant has provided a revised statement of environmental effects that is supported by an odour assessment and modelling report that indicates with additional works the facility has the ability to meet compliance with its licence conditions.

Access, Transport and Traffic:

Mackerel caught on the south coast of NSW is the raw feedstock material for the fish rendering process. It is proposed that three trucks per day would deliver raw product to site. The material is loaded in a chilled state into truck and dog type transport vehicles which are double skinned to assist with temperature control. The material is transported to the Cootamundra site during the night to arrive early in the cool of the morning, this is particularly important during the summer time.

The supporting documentation indicates that the average hourly through put capacity is 4 tonnes per hour and the proposal will operate 24 hours per day (however this is unclear as another section of the documentation talks about commencing operations on site at 4am), six days per week with an estimated through put of 14,976 tonnes during a six month period. The documentation indicates that there are likely to be three outbound trucks of product per week. Furthermore there is anticipated to be one goods delivery truck visiting site per day. Staff numbers are estimated to be 15 including office, operational and engineering staff with an approximate 9 staff on site during 7am-2pm.

Accordingly, in additional to passenger vehicles there is likely to be 54 heavy vehicle movements per week (in and out movements are counted separately) or 27 heavy vehicles visiting the site per week. This equates to approximately 4.5 heavy vehicles visiting the site per day. Due to the location of the facility on a major connector road, comments were sought from the NSW Roads and Maritime Services who indicate that as the traffic numbers are likely to be less than that of an operational abattoirs and the presence of existing turning lanes, no additional road upgrades were required. The Authority did state that no objection was raised provided that a condition was imposed that the rendering of fish is denies whilst the abattoirs is in operation.

Similarly the site has separated sealed entrance and egress points from Stockinbingal Road, ample on-site parking and turning areas for passenger, delivery and heavy vehicles. Accordingly, there is no requirement for any upgrades to access points, car parking or turning areas to occur as a result of this proposal.

It is noted that fishmeal can be considered a dangerous good in accordance with transport guidelines and must be kept at controlled temperatures. The applicant has provided documentation that indicates that the end product is not considered to be a dangerous good for the purposes of road transport. Nonetheless advice from Dangerous Goods section of the NSW EPA indicates that as the end product does not contain stabilisers (as referenced on the Material Safety Data Sheet provided by the applicant) it is considered to be a dangerous good for the purposes of road transport. The control of the temperature of this product, storage, packaging and bunding will need to comply with the legislative requirements as controlled SafeWork NSW. Whilst the control of this legislation is not within the remit of Council, it is a matter that has been raised in the submission and a matter for which Council and the public should be aware.

Public Domain:

The impact of this proposal on the public domain is likely to be odour from the rendering of the fish. It has been noted that during the winter months that odour travelled in the central parts of Cootamundra Township, some 4km south of the site. It is acknowledged that this was predominantly before upgrades were undertaken to processing and odour control equipment. These odours have not been as noticeable in more recent times, however it is unclear as this is a result of weather patterns, processing volumes, or odour reduction works.

Utilities:

The proposed fish rendering will not generate the need for additional utility installation at the site.

Heritage:

The property is not located in the heritage conservation area, nor is there any known heritage items on site or in the immediate vicinity. Given the disturbed nature and continuous use of the site over the years for an abattoir it is unlikely that the proposal will have an impact on artefacts or relics. Similarly no soil disturbance is proposal as part of this proposal, once again this is likely to limit the impact on historic or heritage items if such exist on site.

Soil:

The proposal involves the irrigation of effluent water on soil. The revised documentation is accompanied by a wastewater effluent report that indicates the total effluent water resulting from this proposal is likely to be 22% of that when the site was fully operational as an abattoir. Due to the decrease wastewater output, the modelling contained within the report indicates that water available for irrigation is significantly less than that of an operational abattoir and that the majority of the water for irrigation would be stormwater runoff captured in the dams. The report also indicates that the effluent system is able to adequately treat the wastewater to a point where it is suitable for irrigation onto soil. The report does not that the irrigation may, in the long-term, result in the depletion of nitrogen and some accumulation of phosphorous in the irrigated soil. The EPL contains conditions that require monitoring of soil conditions of the irrigated area.

Water:

The wastewater report accompanying the revised documentation provides calculations for water use and capture during high rainfall events. This report demonstrates that the existing effluent and stormwater capture system has capacity to cater for the volume of wastewater generated by the proposal. However the report also indicates that seepage from the treatment and storage ponds is likely. Nonetheless the EPL has a requirement for piezometer monitoring to ensure that impacts can be identified and mitigated to reduce the impact.

It is noted that the rendering of fish will result in oil and grease of a different composition to that of abattoirs by product rendering. The report indicates that fish oil and grease has ‘shorter organic chains, is more volatile and more susceptible to a higher rate of oxidation than land based animals’. This has the potential to generate odour if allowed to pass into the aerobic treatment ponds. Recommendations are included in the report that suggest this material should be recycled through the rendering cooking vessel to assist in odour control.

The composition of wastewater from fish is different to that of land based animals and the report provides an assessment of the pathogen levels. The report concludes that pathogens in wastewater are likely to be less for the fish rendering process when compared with meat processing. This is due in part to the fish being rendered whole rather than have internal material removed as in meat processing and the fish material being cold rather than at body temperature as is the case in meat processing.

Other Land Resources:

The site is not mapped as being bushfire prone nor is the site subject to subsidence or acid sulphate soils. Similarly the site is not mapped as being subject to flooding, dryland salinity or highly erodible soils. The proposal is therefore unlikely to have an impact on these factors of the site.

Air and Microclimate:

The applicant has provided additional information including an Odour Impact Assessment. This assessment is based on additional sampling undertaken by odour specialists on 21 November 2019. The odour dispersion modelling shows compliance with the odour criteria for the proposed operation (fish rendering) and concludes that the fish rendering operations will not significantly increase the environmental impacts of the development.

There are however some wide variations in physical measurements and odour sampling results from the rendering plant between sampling undertaken in July 2019 and November 2019, which cannot be clearly explained. The sampling experts have stated that odour levels can vary, fluctuate and ‘spike’ but the assessment modelling has been based on the assumption that the odour levels as measurements are accurate and do not vary significantly. It is suggested that due to this uncertainty that further testing be undertaken after the recommended upgrades are completed to ensure that the sampling (and resultant modelling) are based on accurate and representative operations on site.

The odour experts have confirmed that there are issues with the biofilter fan. This fan needs replacing due to age, wear and tear. The report makes a recommendation that an in-duct spray humidification system that will condition the inlet process air prior to biofiltration. This will ensure sustainable biofilter performance.

It is noted that Manildra have completed some upgrade works on the biofilter, the size of which has now been designed to adequately mitigate the higher airflow and odour recorded in the July sampling. Both the odour sampling report and the odour impact assessment report have made recommendations in regard to best practice management and further mitigations measures to ensure the reduction of potential odour impacts from the proposed use.

Flora and Fauna:

The irrigation of effluent to the site has the potential to impact upon biodiversity depending upon the type of vegetation existing on site. The applicant has indicated that irrigation of effluent water has occurred in the past and is likely to continue. The effluent report indicates that nitrogen loss and an accumulation of phosphorous is likely in the long-term as a result of effluent irrigation. Monitoring of soil conditions is required by the EPL. Nonetheless the impact on biodiversity can be reduced by limiting the area of irrigation to that which is not mapped as terrestrial biodiversity.

No vegetation is proposed to be removed or altered as a result of this proposal. The site is not known to contain habitat for any threatened or endangered faunal species. The proposal is therefore unlikely to have an impact on flora and fauna on the site or in the immediate vicinity.

Waste:

The applicant has indicated that there is no solid waste produced as a result of this proposal. The applicant has also indicated that any product that is not suitable for rendering will be disposed of at Council’s waste facility in Cootamundra. This proposal is not acceptable to Council as there is insufficient area or controls to permit this to occur should a major disposal site be required. Therefore the applicant will need to provide an alternate disposal method to Council to demonstrate adequate disposal in the event that major disposal event occurs.

The applicant has indicated that mass waste product disposal is unlikely, even in hot weather, as temperature control is imperative to the processing of the material to ensure a high quality end product. In this regard the applicant has provided that the catch is chilled on the boat prior to being brought ashore and discharged immediately into transport trucks. The trucks are double skinned and the thermal mass of the catch ensure that heating does not occur even when waiting for unloading during extreme weather conditions. However the loads are to be temperature monitored to ensure that the catch does not heat above 15^oC. Where necessary loads will be placed in bins and put into refrigerated cool rooms on site.

The end product is bagged into bulk bags for distribution. The material is stored under cover in a bunded area. The end product can either be fish meal and/or fish oil and is dependent on the oil content of the raw material feedstock. Fish oil is pumped into the former tallow tank and shipped off site either in bulk tankers or in pods depending upon customer requirements. The tallow tank is within a covered bunded area to contain any spillage and only decanted to load directly onto transport vehicles.

Energy:

An energy assessment is required by Section J of the Building Code of Australia where construction is proposed. This proposal does not include any construction, accordingly energy consumption is therefore not a consideration for this proposal.

Natural Hazards:

The site is not subject to any natural hazards of flooding or bushfire. The site has been operating as an abattoirs for many years. The various constructions that have progressively occurred on site have been assessed for compliance with the provisions of the Building Code of Australia and where necessary fire control, alarms, safety, egress and access requirements have been installed.

Social Impact and Locality:

The social impacts associated with this proposal are in relation to the ability of property owners and the public to go about their activities free from impacts from the proposal, primarily odour impacts. The complaints and submissions received by Council and the EPA centre around the nauseating odour and the resultant impact on the quality of life including inability to leave windows open, hang washing on the line or go about normal activities. Such impacts, have in the past, been experienced within the main business district of Cootamundra.

The reports submitted in support of the revised documentation indicate that odour is able to be controlled in accordance with the EPL when a series of recommended actions are undertaken. It is acknowledged that the odour profile of fish rendering is different to that of an abattoirs, however the impact of odour on the quality of life needs to be managed on site by the operators.

Economic Impact and Locality:

The proposal will not have the same economic impact in the local area as a fully operational abattoir due to the lessened employment opportunities. However, the provision of some employment opportunities in the local area are a result of the proposal. It is unclear however if this impact is negated by the negative image of the town as a result of odour penetrating into the main street area in the past.

Site Design and Internal Design:

The site layout and internal design of the operation does not alter as a result of this proposal. There is no construction, building or site alterations to take place as a result of this proposal. Accordingly the internal design and site design layout do not alter.

The changes proposed on site relation to odour control and operational activities. In this regard it is proposed that the rendering plant doors are to remain closed except when loading of raw feedstock occurs (three to four times per day). The closed doors are required to assist in the maintenance of negative pressure to ensure that air from the rendering plant is processed through the odour controls systems and not released directly in an untreated manner.

Construction Matters:

No construction is proposed as part of this proposal.

Site Suitability (Section 4.15(1)(c):

The suitability of a site for a development proposal is required to be assessed. In this instance the proposal is to be carried out on a site that has an approved but currently non-operational abattoir situated upon it. It is noted that the proposal is to only render fish when the abattoir is not operating. The rendering of fish has higher and stronger odour generation rates than that of an abattoir. This is backed up by complaints received from further afield than those received when the abattoir was in operation. Furthermore, the residential zone is encroaching closer to the site and the need to mitigate odour is becoming greater. The site itself, is suitable for a rendering plant, and has successfully operated as such in the past. Nonetheless in terms of ecologically sustainable development principles it must be questioned as to whether transporting a sea product some four hours by road and then shipping then end product back to ocean based aquaculture is a practice that is both economically and environmentally sustainable in the long term.

Submissions (Section 4.15(1)(d)):

The application was notified and 12 submissions were received. It is due to the submissions received that this matter is being referred to Council for determination. Council received 12 submissions during the notification period, all but two of which were objections. The two that were not objections indicated that they would support the proposal if odour impacts could be controlled. The most signification issue raised in the submissions was that of odour with some describing the odour as unreasonable, fetid, strongly offensive, obnoxious, putrid, appalling stench, disgusting smelly, pungent, making physically ill, smell of rotten fish, vile, overpowering, fish, chemical, constant and major rotting fish smells. Most of the submissions indicated that the odour generated by the current unlawful rendering of fish was a significant increase from that produced by the abattoir and that from the previously rendered material sourced off site.

The issue of lifestyle impacts was also raised with some submissions indicating that it was not possible to hang washing out, open windows, go outside or have BBQs. Most were concerned that these impacts would increase in summer heat when most residents desire to be outside or have windows open; of particular concern was smell permeating washing and soft furnishings.

Many submissions raised the issue that the rendering of fish (or the trial period) had commenced before notification of the proposal had been received. It should be noted that the rendering of fish commenced in early July with the application, the subject of this report, being received by Council on 1 August.

Some submissions raised concerns that the impacts of the proposal would impact upon property values, tourism and businesses with little benefit achieved by way of employment. Concerns about health impacts and the capacity of the owners of the site to mitigate odour and other environmental impacts.

The issue of odour has been discussed elsewhere in this report as has the commencement of the operation without the benefit of the application having been determined. The issue of negative economic impact in terms of lost tourism dollars is significant when the odour travels to the central business district of town and impacts on the willingness of locals and visitors alike to spend time in that space. The issue of property value impacts is not a planning consideration, however people feeling they have to leave town does have an impact on the social fabric of the community and the trust that people have in regulators to protect their interests and the wider interests of the community.

Public Interest (Section 4.15(1)(e):

This section relates to matters of public interest and includes issues such as regulators acting fairly and in the best interest of the whole of the community. In this instance the activity has been occurring onsite since July without the benefit of a development consent. During this time the applicant has worked with the EPA to identify and mitigate odour impacts on the community which have been the source of the majority of complaints. The applicant has provided additional and revised details in regards to the proposed operations at the site for the purposes of fish rendering. The revised details provide that the operation can successfully operate on site and the odour can be controlled when recommendations contained within the specialist reports are implemented.

Nonetheless, it has been asserted in submissions that the applicant proposed the trial as a way to avoid the necessary identification and assessment of impacts upfront to avoid mitigation measures at the outset and responded only when complaints were received. Irrespective of these assertions the operators have implemented odour upgrades and monitoring regimes as well as commissioned a series of expert studies and modelling to permit the identification of potential impacts and recommendations for their mitigation. Discussions with the EPA have revealed that confidence is reasonably high that compliance with EPL requirements can be achieved.

Council, as the consent authority, must take account of the public interest and act in the best interests of the community as a whole, including the environment which surrounds the community exists. In the case it is considered that the conditions recommended are adequate to mitigate the potential impacts of the proposal and provide Council with an avenue to pursue compliance if warranted.

Ordinary Council Meeting Agenda

10 December 2019

8.8 Technical Services

8.8.1 National Local Roads & Transport Congress 2019

DOCUMENT NUMBER

318614

REPORTING OFFICER

Charlie Sheahan, Councillor

AUTHORISING OFFICER

Phil McMurray, General Manager

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.3 Cootamundra-Gundagai Regional Council is a premier local government Council

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1. National General Assembly 2020 Discussion Paper ⇩

Recommendation

That the report on the annual ALGA National Local Roads & Transport Congress, 2019, submitted by Cr Sheahan and Matt Stubbs (Manager Technical Services,) be received and noted.

Introduction

Cr Sheahan and Matt Stubbs (Manager Technical Services) attended the annual Australian Local Government Association (ALGA) National Local Roads & Transport Congress 2019, held in Hahndorf SA on the 18^th - 20^thNovember, 2019.

Discussion

Before the Congress started Cr Sheahan was able to do a technical tour of the Mount Barker Laratinga Wetlands. It was of great interest as it could easily relate a similar opportunity for Cootamundra waste water treatment.

In the late 90’s the Mount Barker Council established the Laratinga Wetlands as part of a natural waste water treatment facility to cope sustainably with the growing population’s waste water.

The overall design of the wetland is to filter water slowly through the 10 manmade basins, which are planted with species of water plants to remove residual phosphorus and nitrogen from the water. The water levels are managed with a watering regime back to town parks as well as irrigation requirements to nearby farms and a mine generating income.

The wetlands also provides habitat for a range of migratory and nomadic bird species. Vegetation has created a natural and peaceful setting and is popular for educational tours, walking running, cycling, picnics and bird watching.

Facilities include defined pathways, boardwalks, seats, sheltered areas, toilets and BBQ areas.

The local council has undertaken substantial revegetation throughout the wetlands including water plants known for their ability to remove nutrients from the water. The area has created great biodiversity with many species of frogs, long neck tortoise, water rats, and brushtail and ringtail possums.

The treatment works is located beside the Mount Barker Creek and the wetlands have been created parallel to the creek on the floodplain.

Mayor David O’Loughlin, President, Australian Local Government Association provided the welcome address to delegates and outlined the achievements of ALGA over the past 12 months.

His focus was on the increase in government funding through programs including Roads to Recovery, drought funding, Bridges, Blackspot, NHVR assessments, and Roads of Strategic Importance.

ALGA has been pushing for First and Last Mile freight improvements, congestion busting and other issues councils are dealing with including the road infrastructure backlog increasing despite the increases to funding. He also made reference to the Financial Assistance Grants not keeping up with council demands, particularly those with low populations and the additional lost income due to freezing the rates. ALGA is lobbying the government to restore the rate to 1% over 10 years to ease the transition and provide the necessary funding required to address the $40 billion backlog and improve infrastructure to modern standard.

ALGA are advocating that local government can stimulate economic benefit through infrastructure upgrades and have the resources and ability to complete these types of projects should the government allocate funds.

David outline that an important consideration for council’s is to ensure Asset Management Plans are up to date, that they cover key asset classes, have a priority list and projects can be commenced quickly.

Paul Davies, Executive Leader, Productivity, National Transport Commission

Paul provided a brief on the goals of the HVNL Review which are to achieve the goal of safe and efficient journeys through safe drivers and vehicles travelling on suitable routes.

Key issues identified were fatigue management, accreditation for operators and broad networks access for higher productivity vehicles including PBS.

The Commission is carrying out the Heavy Vehicle National Law Review with the task to present Land Transport Reform to the government.

New laws are to target highest risks. A Regulatory Impact Statement is to be presented to the Minister early 2020 addressing driver safety, vehicle safety and road safety, Safe Driver- Safe Vehicle- Safe Route. It will outline better fatigue management, support operators to manage own risks, and review oversize and over mass regulation. It will address problems with the Permit Process and the challenge to maintain infrastructure. The current Access Permit process is complicated and timely. Standard consent with operators for low risk should be easier and high risk a more detailed process.

The Hon Mark Coulton, Minister for Regional Services, Decentralisation and Local Government provided the Government Address.

Focus was very much on infrastructure funding, identifying Roads of Strategic Importance, priority freight connectivity e.g. Feeder roads connecting Inland Rail. Drought funding aimed at infrastructure as a stimulus for local economies. The government supports Roads and Recycling incorporating recycled rubber and plastics into road seals producing longer life pavements. The Minister also mentioned decentralisation with the focus on regional centres to help manage population.

Mark outlined the funding increase to various infrastructure programs as previously noted by David O’Loughlin, he also noted that government was looking to take a “corridor approach” to provide the highest benefit and return for funds spent. Particular focus on connecting farms and producers with city markets through the 26 fey freight corridors that have been identified (including the Newell Highway) and connections to intermodal freight hubs.

Strong Government focus on waste management and recycling and the need to create markets for recycled materials such as glass and rubber.

Romilly Madew AO, CEO, Infrastructure Australia

Romilly outlined the findings of the 2019 Australian Infrastructure Audit which included 180 challenges and opportunities. The key messages were the need to integrate modern technology to achieve infrastructure efficiencies, the need to reform funding to address the infrastructure backlog, recognising the huge cost attributable to congestion on our roads, the need for long term maintenance funding to accompany capital expenditure, concerns around funding through fuel excise as new technology emerges and “user pays” being the most effective way of funding roads. The audit also called for safety programs to be rolled out to reduce the severity of accidents.

Matthew Lugg OBE, Head of Profession, Local Government, WSP, UK

He sees similar funding problems here as in UK, government needs to commit to 10 year funding allocation, with 5 year maintenance programs and a move towards a pay as you go maintenance program.

Matthew outlined the similarities between England and Australia in terms of funding issues, infrastructure backlog. England uses a system that allocates a percentage of available funding to relevant road authorities’ dependant on how they score against 5 measures: Asset Management, Resilience, Customer Service, Benchmarking and Operational Delivery. In order to receive their full allocation authorities need to score highly in each category.

Matthew outlined that the UK solution was to provide clear tracking of asset registers and application of a national approach to calculate infrastructure backlog with funding allocated to projects presenting a significant ROI.

Michael Caltabiano, CEO, Australian Road Research Board (ARRB)

Michael pointed out mobility is a service, expanding on a connected and automated economy. The shift to electric and hydrogen vehicles will require new infrastructure to meet the new technology, along with better management of assets. He also outlined that it was time for a “reset” about how we approached road management. He outlined the focus of ARRB which is to consider mobility as a service, develop connected and automated shared spaces, innovative vehicles, last mile mobility, safety, sustainability and new economy.

ARRB assists local government to innovate and is working on providing real safety solutions through development of a predictive risk management approach that applies a scoring system to roads as a means of identifying problem areas within the network.

Michael shared the new technology that ARRB is using to assess roads including the iPAVE (intelligent Pavement Assessment Vehicle) that can provide pavement condition information relating to strength, roughness, cracking and deflections in a single pass without the need for traffic control. He also outlined the process of using infrared radiation to assess the properties of bitumen in determining age and projecting remaining life.

ARRB are working on a number of guides to assist councils respond to common problems encountered with managing roads which will suggest recommended solutions, they are also working on guides that outline recommended procedures for the use of crumb rubber asphalt and other technologies.

Peter Damen, CEO, Level 5 Design

Peter outlined how transport governs the construction of cities and that as modern technologies emerge, cities will be transformed to accommodate new modes of transport including autonomous vehicles and the new “ride sharing” phenomena. Communal car sharing in metro areas will reduce vehicle demand in the order of 5-15 times the present amount which will reduce congestion.

There are challenges presented with current legislation not covering new technologies such as how automated vehicles can be utilised on the existing road network. A review of this legislation by the National Transport Commission is in progress and it is envisaged that once completed in 2021, roll out of new technologies will commence.

Through savings in the price of batteries and new designs including the Nikola 2 hydrogen electric truck it is becoming more affordable it is expected these vehicles will soon emerge as more favourable over Internal Combustion Engines (ICE).

Further points of discussion were:

· This company provides consultancy for innovation in the transport industry.

· Peter addressed the evolution in technology that is driving the transition of transport.

· Sharing economy- public transport, Uber and other providers.

· Micro mobility- e-bikes and e-scooters in inner city

· Car sharing- subscribe to vehicles, hire cars

· Autonomous vehicles- these are already in use in mining, agriculture, ports and defence, and will see expanded usage into the future.

· Transport is currently responsible for half the world’s CO2 emissions, and will quickly transition to electric and hydrogen energy source.

Lord Mayor Sandy Verschoor, City of Adelaide

The city of Adelaide has promoted active transport across the city, walking, cycling and e-scooters, through planning better and inclusive access. They use recycled pavements, plan for and promote electric vehicles through on street charging, installed LED street lighting, near 100% renewable energy through solar on buildings and replacing fleet vehicles with electric.

Sandy explained how Adelaide is building infrastructure to accommodate share scooters, bikes, pathways and pedestrian facilities with a view to embrace new technologies and become carbon neutral by 2020. Adelaide is working towards a circular economy where waste products are reused in the area in which they are created i.e. recycled asphalt.

Adelaide has expanded their electric charging network and through use of the app “charge fox” drivers are able to check where charging stations are available in real time and payment for the recharge is facilitated within the app presenting operational efficiencies. Sandy outline that the charging stations present a revenue stream for council as not only do drivers pay to recharge, they typically spend 20 minutes in the surrounding area and spend money at other local businesses. To stimulate the roll out Adelaide offer $5,000 towards new charging station infrastructure within private businesses.

Adelaide is moving to an electric vehicle fleet by 2030 and their view is that electric vehicles will revolutionise the energy grid, with vehicle to grid technology another potential revenue stream.

Joe Di Santo, Sales and Marketing Director, SEA Electric

SEA are an electric drivetrain manufacturer based in Australia that are experiencing a rapid global expansion with over 100 electric trucks already sold in the United States. Joe outlined that Mercedes Benz are no longer investing in combustion engines and are not selling post 2039.

SEA are a Melbourne based company that build electric drives and fit to trucks up to 26 tons. They have a 200 kilometre range, are charged off a standard 3 phase off the wall plug and have an on board charge inverter. Cost compared to diesel is around double, the cost is recouped in 4 to 5 years, and they have a 5 year warranty with a battery life of 10 years. Their target market is metro fleet trucks and local government.

SEA trucks are available now and present a compelling argument for specific applications that could include small tippers and garbage trucks within the council fleet. The drivetrain can be used in trucks up to 26 tonne, generate no noise or heat, have the ability to be charged through a normal 3 phase power outlet due to inbuilt charger and have an operating range up to 350km on a single charge (depending on model). These vehicles typically cost twice the amount of their diesel counterparts but due to cheap charging costs and savings on routine mechanical maintenance, typically present a favourable return on investment within 4 years. The batteries have a warranty of 5 years and an expected life of greater than 10 years.

Greg Giraud, Managing Director for EasyMile ANZ

Greg outlined that autonomy is the future of mobility with numerous benefits including improved safety and efficiency, reducing the cost of congestion along with better use of public space due to the reduced need for parking.

Ezio Shuttle buses are fully electric and accessible and are currently being trialled in Armidale and Coffs Harbour.

Benedict Lyons, Director – Drones Policy, Department of infrastructure, Transport, Cities and Regional Development

Ben spoke about the benefits of using drones and how they fit in with the future of transport. Drones are already widely used in lifesaving, emergency, agriculture and surveillance. They present opportunity for business as they reduce cost and risk. They are widely used for beach surveillance and inspecting sites. They are being used more, and this is growing, for delivery of essential goods and medical supplies, particularly hard to get and inaccessible places. They are used for inspections of roads, rail, fence lines, water and stock monitoring, water management and surveying.

Ben outlined the benefits of drones in reducing hazards and minimising risk when inspecting sites. Large drones can carry up to 200kg and uses include transport of spare parts, hauling fresh produce and emergency delivery of medical supplies.

Government framework is being developed to review the current legislation that classes drones as aircraft with comments currently being sought from stakeholders in preparation of a detailed plan being provided by the end of 2020.

Maria Catanzariti, Wing Communications Lead, Wing Australia

Wing Australia is currently operating in Canberra. Connecting businesses with customers via phone app. Delivery with drones provides fast, convenient and reliable service. Drones are cost effective for small deliveries, replacing conventional form of travel, reducing traffic hours, traffic accidents and emissions. Pizza deliveries now can and are being done by drones instead of car.

Maria explained the model of Wing, the first drone delivery service in the world that uses a lightweight drone to deliver goods quickly, safely and efficiently. Wing is being rolled out in Canberra to deliver for various food outlets and retail businesses direct to the home.

John Hilderbrand, Managing Director Asia Pacific RPAs Consortium

John outlined the compliance requirements and risk that drones can present to facilities such as airports and prisons. John outlined the anti-drone technologies and also policies and procedures that govern their operation.

Andrew Chapman, Co-Director and Operator, AUAV

Andrew provided an overview of the ability of drone technology to prepare 3D survey models and the ability to use them to produce aerial photos and track production of projects in real time. Andrew also showed examples of using drone to inspect difficult to reach assets including rooves and light poles without exposing people to risk.

Richard Delplace, Network Program Manager, Austroads

Richard provided a background on Austroads from the annual report and outlined the current projects that Austroads have in development including:

- Guide to temporary traffic management

- Mobility as a service

- Increasing ride sharing and private solutions

- Reducing congestion

- National Heavy Vehicle Bridge Assessment

Austroads manage projects provide research and consulting, they can act as an advisory body to transport networks, road safety, future vehicles, and asset management. They provide design for networks, and guides for traffic management and safety across the road environment.

Richard stated Road Freight Taskforce and the National Heavy Vehicle Regulator are demanding an immediate response to improve transport services.

He reinforced that future vehicles and technology will bring change very quickly and that 99% of our highways and freeways have signs and lines ready for automated vehicles.

There is currently a high rate of e-charge stations for current level of electric vehicles now, but rapid expansion is needed to cope with the expected increase in electric vehicles in the very near future.

Richard described the factors being considered as part of the future vehicles and technology program which have included an audit of autonomous vehicle road sign readability within NSW (99% readable) and also the necessity to upskill and train drivers in the use of the technology as it transitions from manual to autonomous operation.

Lou Boyle, National Manager, Local Government, Teletrac Navman

Lou outline the benefits of using telematics to track vehicular information which relate to compliance and safety, efficiency, the environment, productivity and ROI.

Teletrac is used by over 100 councils and they have produced their own statistics that demonstrate the savings that can be made through changing driver behaviour which results in less insurance claims, reduced fuel expenses and increasing productivity.

Graham Henderson, Downer Reconomy

Graham describes the change demanded by society and how Downer is creating a circular economy by reusing waste and repurposing materials. Downer trials using recycled cartridges and soft plastics have found that a more fatigue resistant asphalt can be produced by incorporating these materials. Councils are perfectly placed to embrace change and need to be an enabler, industry must provide solutions based around quality and will invest if the market demand is there.

Liam O’Keefe, Senior Strategy Manager, Tyre Stewardship Australia

Australia disposes of 56.3 million tyres each year, currently 10% of these are recycles locally, 27% exported as fuel and 63% are exported to landfill or destination unknown. TSA is a voluntary scheme under the National Product Stewardship Act and is a non-for-profit company created to administer the National Tyre Product Stewardship Scheme.

TSA have worked with a number of organisations to promote the reuse of waste tyres and have found the benefits of crumb rubber asphalt include both Engineering and Environmental aspects.

Engineering:

- Increased pavement life

- Improved durability

- Rut resistance

- Lower maintenance costs

- Reduced spray back

- Improved aging and oxidisation resistance

Environmental

- Increased use of waste tyres

- Reduced noise

- Savings in energy and natural resources

- Less use of non-renewable resources

Russell King, Principal Engineer, City of Mitcham

Mitcham had roads that were failing with traditional asphalt due to weak, reactive subgrade conditions and worked with TSA to undertake a joint funded trial of 15% crumb rubber asphalt. Benefits found included the asphalt being 3-4 times more resistant to fatigue, 50% reduced deformation in rutting and improved resistance to moisture.

Russell also covered trials of permeable asphalt in carparks which allows the subgrade to remain moist and avoid pavement problems attributable to expansion and shrinkage associated with moisture variation. Other benefits include retention of moisture for trees and minimal runoff which can present benefits for open areas such as carparks and netball courts.

Jeremy Woolley, Associate Professor, UniSA

Jeremy described the reactive approach taken to safety that includes using the death toll trends as a means to assess safety performance. He outlined the need to mitigate risks and undertake a systemic change to road safety.

Drivers make errors, road managers need to look to reduce severity when crashes occur by making roads more “forgiving”.

An inquiry into the Australian National Road Safety Strategy outlined the implementation failure with the current thought process and highlighted the need to allocate resources and take a large scale approach to safety if we are to be successful in reaching the target for road fatalities of zero.

Gabby O’Neill, General Manager, Office of Road Safety

Gabby is the recently appointed head of this new government office that was set up in April. The office is taking a long term approach to safety influencing politicians about the state of road safety in Australia and requirements to work towards zero. The next goal of the office is developing the National Road Safety Strategy.

David Bobberman, Safety Program Manager, Austroads

David outlined the need for a network approach to road safety rather than just targeting individual blackspots and described an FSI scoring system developed by Austroads that applies a rating to existing roads and can be used to gain an understanding of the network and program safety outcomes. A user guide and training is planned to roll out after Christmas.

David described the issues presented pre and post autonomous vehicles with the pre autonomous focus on treating the network and post autonomous focus on the vehicles themselves which will present long term savings.

Peter Frazer, President, SARAH Group

Peter gave a background on the work of the SARAH Group within the past year and this included the successful national support of the yellow ribbon initiative, the implementation of Sarah’s rule within NSW in September 2019.

Peter thanked the council’s that had supported the initiative and personally mentioned Cootamundra Gundagai Regional Council during his presentation.

Table of Contents

Document Control. 4

1. Introduction.. 5

1.1 Commencement. 5

1.2 Application. 5

1.3 Definitions. 5

2. POOL FACILITIES. 6

3. ADMINISTRATION OF SWIMMING POOLS. 6

3.1 Records. 6

3.2 usage Records to be maintained at the Pool 6

4. WORK HEALTH & SAFETY. 6

4.1 General Compliance. 6

5. CLUBS, SCHOOLS, ORGANISATIONS. 7

5.1 General 7

5.2 Coaches. 7

5.3 Schools. 7

5.4 Cootamundra Swimming Club …………………………………………8

6 RESTRICTIONS ON STAFF & OPERATIONS. 9

7 OPERATING HOURS. 9

7.1 General 9

7.2 Specific Conditions on Hours. 10

7.3 Specific Conditions on Hours…………………………………………10

7.4 Special Events or Family Evenings…………………………………………11

7.5 Cootamundra Aquatic Centre Winter Operating Hours…………………...11

8 KIOSK ………………………………………………………………….12

9 FEES. 12

9.1 Evidence of Age. 12

9.2 Fees. 12

10 BOOKINGS. 13

10.2 General 13

10.3 Cancellation of Bookings. 13

11 MANAGING TARDINESS. 13

12 CODE OF CONDUCT. 13

12.1 Code of Conduct - Conditions of Entry. 13

13 ACTIVITIES REQUIRING APPROVAL - ALL POOL AREAS. 14

14 YOUNG CHILDREN.. 14

15 ABANDONED CHILDREN.. 14

16 AUTHORITY. 15

16.1 The Council pool employee on duty may: 15

16.2 Refusal to comply. 15

16.3 Appeals. 15

17 ACCESS FOR PEOPLE LIVING WITH A DISABILITY. 16

17.1 Assistance. 16

18 EMERGENCIES. 16

19 EVACUATION PLANS. 16

20 EQUIPMENT and SERVICES. 16

21 ASBESTOS. 16

22 ACCESS TO COUNCIL RESOURCES. 16

23 DISPLAY OF THE CODE OF CONDUCT. 16

24 ROUTINE LANE ALLOCATION 50M OUTDOOR POOL ……….17

24.1 General……………………………………………………………… 17

24.2 Early Morning Sessions …………………………………………… 17

24.3 Daily Sessions ………………………………………………………..18

24.3 Weekends & Public Holidays ……………………………………… 18

25 DIVING PLATFORM ………………………………………………….18

Document Control

Version number	Date	Date effective	Council resolution	Description
1.0	13/10/14	1/7/14	09/10/14	2014-15 Season Operations Plan adopted by Council
1.1	13/10/14	1/7/14	09/10/15	2015-16 Season Operations Plan adopted by Council
1.2	13/10/14	1/7/14	09/10/15	2016-17 Season Operations Plan adopted by Council
1.3	1/11/19	01/12/19	26/11/19	2019-20 Season Operations Plan adopted by Council

This Plan forms part of Council’s Policy Register, and the Policy Register is updated to reflect any changes adopted by Council.

1. Introduction

This Operations Plan provides the instructions necessary for Council staff to administer the routine functions of its swimming pool facilities.

The aim of this Operations Plan is to provide facilities which promote a healthy lifestyle and social interaction for the residents and visitors of the Shire.

The Cootamundra-Gundagai Regional Council’s Operations Plan takes into consideration all aspects of the operation and use of the Cootamundra Aquatic Centre and facilities and the roles and responsibilities of its patrons and staff.

The Aquatic Centre Operations Plan is an active document to be used as a management tool by pool staff, and to detail the user needs of relevant user groups and to support user group activities.

The Pool Operations Plan will be reviewed on a needs basis, and will address changes as required or suggested by pool user groups or individuals as and when required.

1.1 Commencement

The Operations Plan commenced as of November, 2019 and will receive annual reviews by Council and will remain in force until further notice.

1.2 Application

This Operations Plan only applies to the 25 metre indoor heated & 50 metre outdoor swimming pool within the Bourke Street Pool complex operated and maintained by Council.

1. The Indoor Heated Pool will operate between the months of July 2019 to November 2019 and March 2020 through to June 2020.

The 50 metre outdoor swimming pool within the Bourke Street Pool complex will operate and be maintained by Council between the months of November 2019 to March 2020 pending seasonal conditions.

The Operations Plan commenced as of November 2019 and will receive annual reviews by Council and will remain in force until further notice.

This Operations Plan does not affect the operation of any Act or Regulation relating to the appropriate management of NSW public swimming pools.

Practice Note 15 (produced by the NSW Department of Local Government) will provide guidance on any standard not specifically discussed in this Operations Plan.

1.3 Definitions

In this Operations Plan:

i. “mass evacuation plan” means a plan designed to ensure the safe egress of large organised groups from the swimming pool grounds

ii. “Pool Attendant” is a Council employee who is responsible for daily maintenance and general operations at a swimming pool and is employed by Cootamundra-Gundagai Regional Council.

iii. “Sports & Recreation Officer” is the person who has the overall responsibility and management of Councils public Swimming Pools and Sports Stadium ensuring that the facilities are operated in accordance with all related regulations, policies and procedures.

iv. “Recreation Assistant” is a pool attendant employed by Council to assist the Cootamundra-Gundagai Regional Council to assist the Sport & Recreation Officer and who is responsible for lifeguard duties and minor maintenance.

v. “WH&S” means work health and safety

vi. “Code of conduct” is a standard of behaviour required on swimming pool grounds and is a condition of entry all patrons must adhere to signage displaying the conditions of entry are provided at a pool which communicates to the public the standard of behaviour required on swimming pool grounds, as detailed in Section 11 of this document.

2. POOL FACILITIES

Council aims to provide the following pool related facilities now & into the future:

i. 50m outdoor pool with diving blocks.

ii. 25m indoor swimming pool

iii. Pool deck showers

iv. Ramp access into heated pool

v. Separate male, female and disabled toilets and change areas

vi. Junior Splash Pool

vii. Jumping Pillow

viii. Covered BBQ’s & Seating

ix. Shade areas

x. Outdoor wading pool

xi. 1.5m diving platform(there will only be one diving platform in use at any one time)

3. ADMINISTRATION OF SWIMMING POOLS

3.1 Records

i. Staff will ensure all records for the operation of this swimming pool is legible and kept for the minimum period of time as per Council’s record keeping policy.

3.2 Usage Records to be maintained at the Pool

i. A daily diary in which all incidents and events will be recorded.

ii. An incident/accident log book.

iii. A weekly booking calendar.

iv. A daily inspection checklist. (as per manual sheets)

v. Suspension and eviction forms.

vi. Water analysis records.

vii. Material Safety Data Sheets (MSDS) for all chemicals used to sanitize swimming water.

4. WORK HEALTH & SAFETY

4.1 General Compliance

i. Contractors will be required to submit qualifications and insurance details to Council and either comply with Council WH&S policies and procedures or have their own policies and procedures that are as thorough as Council procedures and policies. This will be clarified at the time of engagement.

ii. All incidents are to be reported in accordance with Council WH&S procedure.

iii. All accidents are to be investigated and reported in accordance with Council WH&S procedure.

iv. All other organisations operating at the pool (see Section 5) that are covered by the NSW WH&S Act will have WH&S policies to a standard that meets the minimum required by the Act.

5. CLUBS, SCHOOLS, ORGANISATIONS

5.1 General

A swimming club, school or organisation wishing to utilise a swimming pool must (in addition to other more specific requirements explained in this document):

i. Have a current workers compensation policy if they employ any staff.

ii. Possess a public liability insurance policy (minimum value aud$20,000,000.00)

iii. Negotiate with the swimming pool Swimming Club seasonal requirements with council for approval by the end of each winter swimming season year.

iv. Ensure that the number of clients can be safely accommodated in the pool space provided by council to conduct their intended activities

v. Provide all equipment associated with their activity. This includes kickboards, seats & stands for small children, balls, nets, etc. and these items must be designed and approved for their intended purpose and be in good working order and abides by the code of conduct.

vi. Comply with all pool rules including strict adherence to the code of conduct and Prohibitions for Swimming Pools.

vii. Ensure that commercial activities and private swimming lessons are not undertaken at the pool complex without prior approval from Council.

viii. Spectators and careers are not permitted use of the pool during swimming club events.

5.2 Coaches

i. Swimming coaches and instructors will only be provided access if they hold current qualifications relevant to the activity undertaken e.g. AUSTSWIM Teacher of Swimming and Water Safety Certification, a current CPR Certificate and a NSW Working with Children Check.

ii. Parents or Guardians must escort children under 10 years old to and from Coaches/Instructors.

5.3 Schools

i. It is the responsibility of the school to perform the custodial role of students. It is not the responsibility of Council pool employees.

ii. A school must ensure it provides adequate supervision to school students attending the venue. Should school children be left without a teacher the children will be immediately required to vacate the water and the school will be contacted to arrange their collection. The Principal of the school or NSW Department of Education will be advised in writing of the event.

iii. School children under the age of 10 are not permitted to enter the pool facility unless their supervising teachers are present.

iv. Underwater breath holding competitions (races) may not be held by schools, nor permitted during free time by supervising teachers due to the risk of Hypoxic Blackout (Teachers wishing more information on this matter should refer to the Royal Life Saving Society Australia Fact Sheet – Hypoxic Blackout No.23 available at www.royallifesaving.com.au)

v. It is compulsory for Schools to participate in any Mass Evacuation Plan implemented by Council pool employees. This includes teachers taking specific roles in ensuring the pool premise is evacuated quickly and efficiently.

vi. All schools must complete and submit a Swimming Pool User request/season schedule prior to the first use of the pool each season or entry will be refused.

5.4 Cootamundra Swimming Club (2019/2020 summer swimming season Agreement)

I. Two lanes be reserved in the outdoor pool on Monday, Tuesday and Wednesday from 5:00 pm to 7:00 pm, plus a third lane for overflow when required.

II. Two lanes be reserved in the indoor pool from 5:30 pm to 6.30 pm Tuesday and Wednesday each week.

III. Permission to train in the indoor pool due to bad weather pending usage of the pool at a given time and at the discretion of the Pool Supervisor.

IV. Access to the outdoor pool from 18th November 2019. Due to installation of new maintenance systems the water quality will not be to standard until mid-November. Access to outdoor pool to be granted at the earliest opportunity.

V. The facility be closed to the public on Thursday nights from 6:00 pm to 8:30 pm, with set up of lane ropes from 5:45 pm.

VI. Family members and spectators be permitted free entry to the facility, in accordance with council’s Fees & Charges Policy.

VII. All day event for the outdoor pool on Sunday 9, February 2020 be approved free of charge. Staff to be supplied by Council.

VIII. CSLSC Club swimmers be exempt from paying the pool entry fee after 5.30pm for Thursday night’s club swims ONLY run by CSLSC.

IX. Parents and CSLSC members be permitted access on Saturday, 8 February 2020 to set up marquees, on the condition no vehicles (except for emergency vehicles) are allowed within the pool grounds during operating hours.

X. CSLSC members and volunteers be permitted access from 7:15 am on Sunday, 9 February 2020 for final set up of event.

XI. CSLSC be permitted to charge a gold coin entry fee at front of facility as a Club fundraiser.

XII. On Sunday, 9 February 2020 public access will be to the indoor pool only. Participants of the swim meet to use outdoor pool only.

XIII. Barbeque to be run at event held on Sunday, 9 February 2020.

XIV. be incorporated and have a constitution

XV. Be run by an elected committee that consists of at least the following office bearers, President, Secretary, Treasurer.

XVI. Ensure that coaches hold a current qualifications relevant to the activity being undertaken e.g. AUSTSWIM Teacher of Swimming and Water Safety Certification and a current CPR Certificate and ASA Coaches Qualification and/or teacher of competitive swimming.

XVII. Have public liability insurance to the value of $20 million.

XVIII. Provide a completed Swimming seasonal request/schedule for approval by Council 4 weeks prior to facility use.

XIX. Provide and maintain their own equipment, the use of which must be approved by the Council pool staff.

XX. Ensure sufficient supervision is provided to perform the custodial role of members under 10 years of age and not rely on the life guards to perform this role.

XXI. In their request/schedule they must nominate a liaison person (i.e. committee member) to discuss operational matters in relation to the daily use of the pool. The aim of this requirement is to avoid confusion as to the Swimming Club’s requirements during each swimming session and avoid the potential for harassment of Council pool staffs to occur.

XXII. Must have copy of Councils Cootamundra Operations Plan on hand at Pool.

6 RESTRICTIONS ON STAFF & OPERATIONS

i. Whilst on duty during pool operating hours any Council pool employees will not be permitted to volunteer to facilitate (supervise) the running of a community event at the pool.

ii. A Council pool employee is allowed to volunteer or participate in a community event at a pool where other staff members of Council have been rostered to provide supervision and operate pool plant and equipment.

iii. Only trained and qualified Council staff will be permitted to operate swimming pool facilities and provide supervision of those Council facilities at the public Council pool.

7 OPERATING HOURS

7.1 General

The following is standard for the Aquatic Centre

i. The indoor swimming pool season operates all year.

ii. The summer season pool opening will commence within the first two weeks of November of each year pending appropriate approvals.

iii. The pool may be used for NSW Department Sport and Recreation learn to swim programs or other Council approved programs or events.

iv. The Council may approve the pool to be closed or have advertised operating hours varied to the general public for the holding of special events. Such events if approved will have a minimum of 2 weeks’ notice and closure or variation of times will be advertised at the pool, Council’s website and local paper and councils social media sites.

v. The pool will be closed on Christmas Day. The pool will also be closed until 1.00pm on ANZAC Day.

vi. Council organised Swimming programs and Aqua-aerobics classes may operate outside advertised general admission hours.

vii. The Council pool employee has the discretion to change pool operating hours in cases of extreme heat or when the weather or pool is unsafe and requires closure. Notification to a senior Council staff member of any such change to operating hours will be documented.

viii. The Council pool employee has the discretion to extend pool operating hours by extending the opening period to a maximum 30 minutes beyond advertised closing times if patronage is deemed sufficient (minimum of 12 in the pool)

ix. The Council pool employee has the discretion to decrease pool operating hours by closing the facility early by a maximum 30 minutes before advertised closing times if at the time there is no swimming patrons at the facility.

x. Facility will be opened early to facilitate school swimming carnivals (but not regular school sport or PE classes) when booked in accordance with Section 9.

The following is standard for each outdoor swimming pool season.

i. The outdoor pool season commences in mid-November and closes in early March

ii. The pool may open early NSW Department Sport and Recreation learn to swim programs or other Council approved programs or events.

iii. The pool will be closed on Christmas Day. The pool will also be closed until 1.00pm on ANZAC Day. Free Entry to the Pool on Australia Day if used for Australia Day civic function & pool hours modified to fit event timetable.

iv. The Swimming club will be accommodated on Thursday evenings from 5.45pm to 8.30pm, after which all participants must vacate the Aquatic Centre Grounds.

v. Aqua Aerobics classes may operate at dates and times pre-arranged and approved during the season.

vi. The Council pool employee has the discretion to change pool operating hours in cases of extreme heat or when the weather or pool is unsafe and requires closure. Notification to a senior Council staff member of any such change to operating hours will be documented.

vii. The Council pool employee has the discretion to extend pool operating hours by extending the opening period to a maximum 30 minutes beyond advertised closing times if patronage is deemed sufficient (minimum of 15+ in the pool)

viii. The Council pool employee has the discretion to decrease pool operating hours by closing the pool early by a maximum 30 minutes before advertised closing times if at the time there is no patrons at the facility (no-one in the pool)

ix. Pool will be opened early to facilitate school swimming carnivals (but not regular school sport or PE classes) when booked in accordance with Section 9.

7.2 Specific Conditions on Hours for Indoor Pool:

Council staff undertaking swimming lessons during public open hours may restrict public access to the indoor pool during these periods.

The facility may not open or may close early due to:

i. Safety reasons e.g. Power failure or interruption, lightning is imminent or forecast or a contamination event exists etc.

ii. A Council Pool employee has the authority to close the facility following notification to a senior Council staff member of any such closure of the facility which will be documented.

iii. A Council Pool employee has the authority to extend the operating hours of the facility beyond the official closing time of the pool as stated in 7.1 (v) and (VI) as stated above.

iv. Maintenance operations

7.3 Specific Conditions on Hours for 50m Outdoor Pool

A pool may not open or may close early due to:

v. Safety reasons e.g., lightning is imminent or forecast or a contamination event exists etc.

vi. A Council Pool employee has the authority to close any pool within the pool grounds.

vii. A Council Pool employee has the authority to close sections of the pool grounds.

viii. A Council Pool employee has the authority to extend the operating hours of the pool beyond the official closing time of the pool as stated in 5. v and vi above.

ix. Maintenance operations.

7.4 Special Events or Family Evenings

i. The application for dates to hold these events within advertised pool operating hours will be submitted in writing to the Council not less than 5 working days prior to the event and assessed for approval by Council staff.

ii. Special events or family evenings will be available for bookings provided the proposed events are biased towards fulfilling the needs of children generally and are family friendly. Examples include Blue Light Discos, Evenings Hosted by the Local Swimming Club which are open to the community (member drives) or fundraising evenings by Local Community Groups (such as but not limited too - Lions and Rotary). NSW Health or other Government Agencies are welcome to set up stalls or provide free services or information during the evening that may benefit the community.

iii. An admission charge to the pool cannot be levied by a group which is utilising the facility for a Special Event. An entry fee for an event / race (i.e. business house relay) is permissible provided it is at most a gold coin donation per participant for the event. Any such fee will be in addition to the normal admission charge.

Cootamundra Aquatic Centre winter Operating Hours

Season Commencement Date: 16^th March 2020

Month	Day	Opening hours
March 16th 2020 to 18^th November 2020	Weekdays	6.30am – 8.00am
		11.30pm – 2.00pm 5.00pm – 7.00pm
	Saturdays Sunday Public Holidays	9.00am – 12.00pm 9.00am – 12.00pm 9.00am – 12.00pm

7.5 Cootamundra Aquatic Centre Summer Operating Hours

Season Commencement Date: 18^th November 2019.

Month	Day	Opening hours
November 18^th 2019– December 16^th 2019	Weekdays	6.00am - 8.00am 9.30am – 7.00pm
	Weekends	11.00am - 6.00pm
	Public Holidays	11.00am – 6.00pm
December 17^th 2019 to 25^th January 2020	School Holidays	6.30 to 8.00am 9.30am to 7.00pm
	Fridays & Saturdays	9.30am to 8.00pm
January 26^th 2020 to March 1^st 2020	Week Days	6.00am to 8.00am 9.30am to 7.00pm
March 2^nd 2020 to March 15^th 2020	Week Days	6.00am to 8.00am 9.30am to 6.00pm

8.0 Kiosk

i. The kiosk will be Council operated or leased to suitable applicant(s) and shall ensure;

1..1. That staff be adequately trained in how to safely handle food and are capable of operating emergency equipment to suppress kitchen fires and respond to burn incidents.

1..2. Induct staff to the workplace in accordance with the WH&S act and keep records of inductions of training provided to kiosk staff.

1..3. Participate in any emergency evacuation procedure for the pool.

ii. The kiosk operator is required to notify the NSW Food Authority of their presence as required by the NSW Foods Act 2003.

iii. Council may from time to time allow other organisations to provide/sell food items as part of the organisations activities (i.e. Swimming Club BBQ’s etc.). This must be done with a formal application to the Council.

9 FEES

9.1 Evidence of Age

i. Evidence of age can be requested as a condition of entry to the pool facility (for the purpose of determining which fee to charge or to confirm they are a responsible adult for the purpose of attending minors).

ii. Acceptable evidence of age will be a current “Proof of Age Card”, Drivers Licence, or Australian Passport.

iii. Any persons from a swimming club who cannot provide evidence will be charged the Adult entry fee or advised they cannot enter the facility as a supervisor of persons under the age of 10 (as appropriate) in accordance with councils pool fees and charges.

9.2 Fees & Charges

i. Fees will be charged for facility entry and facility services in accordance with Council’s current Fees and Charges.

ii. Pensioners and Carers – relates to holders of an Australian Government Centrelink issued age pension card, disability pension cards, Commonwealth Seniors Health card and noted Carers/Seniors card. Those patrons holding a noted Carers Card will only be admitted with a discount if they are accompanying the person they are caring for.

iii. A person leaving the facility and wishing to return and associated with a swimming club event, must obtain approval from the Pool Supervisor prior to leaving. If a person cannot show a pass out they will be charged another entry fee

10 BOOKINGS

10.2 General

i. The swimming pool is available for hire at the fee set by Council for use outside of general admission operating hours or when not being used for Council organised programs

ii. All bookings for the indoor swimming pool outside normal operating hours must be made with a minimum of 24 hours’ notice by email or in writing.

iii. The General Manager, Manager Waste, Parks & Recreation & Sports & Recreation Officer along with Recreation Officers upon receiving a request or application for use in accordance to point (ii) may consider and approve applications for events outside the official operating hours of the pool.

iv. Council will assess each booking and where a conflict arises, Council may need to cancel a booking in accordance with the Pool Supervisors instruction.

v. Schools are to book all swimming programs at least one month in advance

10.3 Cancellation of Bookings

i. Council has the right to cancel or change bookings at any time.

ii. Where a booking is cancelled, Council staff will endeavour to provide an acceptable alternative, when such an alternative can be accommodated.

iii. When there is conflict between bookings, Council will attempt to negotiate an outcome that suits all.

11 MANAGING TARDINESS

i. Where a swimming club, sporting club, school, organisation or individual does not vacate the pool or pool grounds by the required time, Recreation Officers and the General Manager, Director of Engineering or Manager Facilities & Services may issue a tardiness notice in writing. Future bookings may be cancelled.

ii. Neither refunds nor compensation will be paid where bookings have been cancelled due to tardiness.

iii. The pool hours related to the facility opening and closing times e.g.: 6.30am – 8.00am means facility locks up at 8am so all patrons should have vacated the facility by 8.00am

12 CODE OF CONDUCT

As a condition of entry all patrons must adhere to the following Code of Conduct at all times whilst in attendance at the Cootamundra Swimming Pool Complex.

12.1 Code of Conduct - Conditions of Entry

i. Follow all directions given by Council pool employees and not abuse them in any way

ii. Pay any fee for pool entry and pool services in accordance with Council’s Fees and Charges.

iii. Comply with Section 12 - Activities Requiring Approval - All Pool areas

iv. Not swear

v. Wear appropriate swimming attire

vi. Not run inside the complex

vii. Not “bomb” (jump on) other patrons

viii. Not obstruct the entry/exit points to a pool (including sitting on pool steps or ramp)

ix. Not interfere with any pool safety equipment

x. Not enter pump rooms or chemical storage areas

xi. Not enter the Pool Managers office (except for the receipt of first aid or instruction)

xii. Not enter the Kiosk

xiii. Adhere to the general Code of Conduct for swimming pools

xiv. Ensure children under the age of 10 are accompanied by a responsible adult of 18 years of age or over.

xv. If requested provide evidence of age

xvi. Wear appropriate unsoiled bathing costumes at all times

xvii. Be unsoiled before entering a pool

xviii. Not urinate or defecate anywhere other than in a public toilet

xix. Not attempt to enter the swimming pool facility whilst intoxicated or under the influence of illegal drugs, nor bring or consume alcohol or illegal drugs within the pool grounds

xx. Not smoke within the pool facility ( in accordance with NSW no Smoking rules)

xxi. Not take photographs or make video (or electronic) recordings in the change rooms or pool facility. This ruling is as a consequence of the Privacy and Personal Information Act. This ruling is in force unless there is written and express permission granted by parents in the context of swimming carnivals.

xxii. Not sit on, dive over or otherwise interfere with lane ropes.

xxiii. Not damage, deface, interfere with or alter swimming pool infrastructure

xxiv. Not obstruct any authorised person/employee of Council or contractor in performing their required duties

xxv. Not enter the water if they have sores, open cuts or contagious infections/afflictions.

13 ACTIVITIES REQUIRING APPROVAL - ALL POOL AREAS

A person must not do any of the following within swimming pool facility without either a written exemption from Council or verbal approval from the Council pool staff on duty. Permission will not be unreasonably withheld. Offenders will be prosecuted under relevant State or Federal Law

i. engage in trade or commerce nor distribute any circulars, advertisements, paper drawing or photographic material

ii. bring or use inflatable devices such as air mattresses, domestic pool toys, or balls onto the grounds but excluding flotation devices or kickboards specifically designed as learn to swim aids

iii. play or conduct any unapproved sport or contest

iv. camp or reside on the land

v. bring or leave any rubbish onto swimming pool grounds,

vi. Kill, capture or in any way interfere with any animal, bird, fish or other fauna, whether native or introduced, plant any tree, shrub, herbage or other plant without prior consent.

14 YOUNG CHILDREN

Excluding change rooms, all children must wear either:

i. a clean (unsoiled) bathing costume or

ii. a water proof nappy at all times when in the pool grounds

iii. Children who require accompaniment or assistance need to use the Unisex change rooms

15 ABANDONED CHILDREN

Where a child (under the age of 10) is identified as abandoned at the pool (i.e. without the required supervision), a Council pool employee will firstly ensure the physical safety of the child (remove from the water) and then attempt to contact the parent(s) / legal guardian (via phone if a number is provided). Any child abandonment incident is to be recorded in the pool diary.

Children under 10 years old being dropped off for swimming lessons etc. must be escorted to the instructor and picked up from the instructor. This will be a condition of operation for the instructor.

If a parent is unable to be contacted by phone or refuses to collect the child or does not arrive within 30 minutes to collect the child the Council Pool employee will contact either the NSW Police Service or Department of Family and Community Services (FACS) to arrange the transfer of the child into their custody.

The 24 hour contact number for FACS is 13 21 11.

16 AUTHORITY

16.1 The Council pool employee on duty may:

i. For an instance of non-compliance with the Code of Conduct conditions of entry (11.1) request a person to leave the swimming pool facility at any time

ii. For an instance of non-compliance with the Code of Conduct conditions of entry (11.1) implement a Suspension Order for temporary or permanent restriction of access into the swimming pool facility.(Sample attached)

iii. For an instance of non-compliance with the Code of Conduct conditions of entry (11.1) implement a Warning Notice for temporary or permanent restriction of access into the swimming pool facility.(Sample attached)

iv. Contact the Police Youth Liaison Officer (6942 0099) or local school if a student appears to be a truant from school and unaccompanied by an adult at the pool.

A ban at any one pool applies to all pools operated within the pool complex regardless of swimming season.

If a ban is applied upon a person who is supervising others, those being supervised must also leave the pool.

Any poorly behaved person may be banned from the facility.

16.2 Refusal to comply

A patron refusing to comply with the directions of a Council pool employee will be automatically banned from entering the Cootamundra-Gundagai Regional Council swimming pool grounds for the remainder of the current pool season or as dated on the suspension or non-compliance order.

Council pool employees are to contact the NSW Police to arrange the forced removal of an offender if deemed necessary.

16.3 Appeals

A person who wishes to appeal the imposition of a ban is entitled to write to Council for a review and state their reasons why the imposition of a ban is unfair.

A review will be conducted within 28 days of receipt of correspondence and the appellant notified of the outcome of the review in writing.

17 ACCESS FOR PEOPLE LIVING WITH A DISABILITY

17.1 Assistance

Staff will provide all reasonable assistance to enable access to the facility, by those living with a disability, to facilitate the enjoyment of the swimming pool facilities by all patrons.

18 EMERGENCIES

i. The contact number for emergencies is 000.

ii. The secondary contact number is Council’s 24hr line 1300 459 689.

19 EVACUATION PLANS

i. Facility evacuation plans are located at the entrance, Manager’s Office and throughout the pool and are updated annually by Council’s Risk HSE Officer.

20 EQUIPMENT and SERVICES

Chemical monitoring and injection equipment (pumps) for Council pools will be inspected by Council pool employees on a regular basis and faults and any repairs are to be reported to the Manager Waste, Parks & Recreation Services.

Council pool employees will undertake daily inspection of service metres and log all readings accurately in the pool operations log system and report results to the Manager Waste, Parks & Recreation Services.

21 ASBESTOS

i. In the event of a fire the pool grounds are to be closed until clearance is obtained from a suitably qualified person that the area is safe.

ii. For any other event which results in asbestos building products being disturbed, the Council pool employee is to cordon off the area (minimum of 8m), advise their manager and (if qualified) follow the procedures for the collection and disposal of asbestos (as per the Work Cover publication Your Guide to Working with Asbestos).

22 ACCESS TO COUNCIL RESOURCES

The phone and computer internet services located within the swimming pool grounds is for the use of Council staff only to conduct Council business.

23 DISPLAY OF THE CODE OF CONDUCT

The Code of Conduct will be displayed in a prominent place at the Pool.

24 ROUTINE LANE ALLOCATION 50M OUTDOOR POOL

24.1 General

The Council pool employees on duty may decide to adjust lane allocations to suit pool use on a particular day. This will be based on the employees’ judgment of the current and likely numbers of swimmers. The employees’ decision is final. Harassment of Council pool employees (either as an individual or a group) with regard to lane allocation will not be tolerated. Those guilty of harassing a Council pool employee (i.e. challenging the employees allocation of lanes after they considered their initial request to review the lane allocations) will be warned in writing that if harassment reoccurs during the swimming season the perpetrator will be banned for the season.

If, after asking the Council pool employee to consider a reallocation of lanes, a pool user believes that lane allocations are not being properly monitored by the employee they should address their detailed concerns (date, time, numbers etc.) in writing to the General Manager with attention to the Director of Engineering Services.

It is expected that Swimming Club members will

i. Use the lanes allocated to the Swimming Club and

ii. Direct any questions in relation to the setup of the pool to the Council pool employee through the nominated liaison person (see 5.2 ii).

Pending a determination from the Pool Supervisor for change, five (5) lanes of the pool will remain available to the general public at all times when the pool is open to the public for general use. Provision of at least one edge lane provides both the elderly and young swimmers with a quick point of respite in the event of fatigue.

Where lap swimming is provided for the general public the Council pool employee may decide to grade each lane as slow, medium or fast.

24.2 Early Morning Sessions

i. The early morning session is generally defined as the time from first opening until morning close, Monday to Friday (i.e. between 6.00/6:30am and 8am) from November 18^th 2019 to March 15^th 2020.

ii. The available lanes will be allocated to the general public and the Swimming Club depending on the needs of each on the day. The standard arrangement will be determined based on the Swimming Club’s written request at the beginning of each season. The Swimming Club will rope off pool lanes and the general public will use non-roped lanes.

iii. Lap swimmers may be able to use Swimming Club lanes for individual training where the pool is sufficiently busy that no additional lap swimming lanes can be provided, lap swimmers should consult with the Swimming Club if this situation occurs.

24.3 Daily Sessions

i. The daily swimming sessions are as per Section 7 Cootamundra Swimming Pool Operating Hours

ii. An edge lane in a pool may be allocated for non-public use. The lane will be allocated to the local swimming club in preference to other users provided the club has sufficient numbers to warrant the exclusion of the lane or is conducting training which would be incompatible with other users.

iii. A second lane can be added adjacent to the lane allocated to a local swimming club at the discretion of Council pool employees. A maximum of two lanes will be dedicated for the Swimming Club or lap training at the Cootamundra Pool at any one time. Any additional lanes required by the club will be at the discretion of the Pool Supervisor and or Sports & Recreation Officer.

24.4 Weekends and Public Holidays

Weekends and public holidays at the Cootamundra Swimming Pool are not available for training by a Swimming Club or squad coaches. Two lanes are to be set aside for public lap swimming on these days if required. Bookings for the following activities will be considered provided they are conducted in harmony with public lap swimming.

i. The running of a regular triathlon

ii. Adult swim training

iii. Lifesaving courses

iv. Learn to swim classes for infants and young children (that does not require a dedicated lane), as run by council.

Otherwise lane configuration at weekends will be determined by Council pool employees.

25 DIVING PLATFORM

Where diving platforms are provided these will only be operated one platform at a time and only at the discretion of Council pool employees. Safety is the paramount consideration when deciding to operate a diving platform.

A diving platform will be closed by the placement of a sign and/or barrier between the end of the board and the route which a person using a diving board correctly would normally enter. A person who uses a diving platform that has been closed will be asked to leave the pool and pool grounds immediately.

A person who uses a diving platform in a manner which endangers others will be asked to leave the pool and pool grounds immediately.

APP. NO.	PROPOSED BUILDING	STREET NAME
DA2019/145	Dwelling/Extensions	Virgil Street
DA2019/142	Alterations to Dwelling/Extensions	Warralong Road
DA2019/140	New Shed	George Street
DA2019/137	New Bathroom - Age Care Facility	Mackay Street
DA2019/134	Alterations to Single Dwelling and New Shed	Hurley Street
CDC2019/23	Carport	Jubilee Avenue
CDC2019/30	Swimming Pool	Lucerndale Road
CDC2019/31	Bed & Breakfast	Sheridan Street

VALUE OF WORK REPORTED TO THIS MEETING:			$414,080.00
VALUE OF WORK REPORTED YEAR TO DATE :			$6,083,538.00
THIS TIME LAST YEAR:
VALUE OF WORK –November 2018 - $ 1,091,111.00
VALUE OF WORK – YTD 2018 - $5,957,028.00

Evaluation Criteria	Weighting %
Price	35.00%
Quality of Machine being provided	30.00%
Aftersales support - accessibility to spare parts, service personnel	10.00%
Estimated Trade in value of purchased machine	10.00%
Provisional components and schedule of rates	5.00%
Running Costs (including fuel, consumables etc)	5.00%
Operator Familiarity, ergonomics, WHS considerations and feedback	5.00%

REPORTING OFFICER	Marianne McInerney, Personal Assistant to the General Manager
AUTHORISING OFFICER	Phil McMurray, General Manager
FINANCIAL IMPLICATIONS	There are no Financial implications associated with this report.
LEGISLATIVE IMPLICATIONS	There are no Legislative implications associated with this report.
POLICY IMPLICATIONS	There are no Policy implications associated with this report.
ATTACHMENTS	1. Minutes of the Ordinary Meeting of Council held on Tuesday 26 November 2019

DOCUMENT NUMBER	318423
AUTHORISING OFFICER	Phil McMurray, General Manager
REPORTING OFFICER	Marianne McInerney, Personal Assistant to the General Manager
ATTACHMENTS	Nil

REPORTING OFFICER	Miriam Crane, Manager Community and Culture
AUTHORISING OFFICER	Phil McMurray, General Manager
FINANCIAL IMPLICATIONS	There are no Financial implications associated with this report.
LEGISLATIVE IMPLICATIONS	There are no Legislative implications associated with this report.
POLICY IMPLICATIONS	There are no Policy implications associated with this report.
ATTACHMENTS	1. Minutes of the Access and Inclusion Committee Meeting held on Thursday 28 November 2019

DOCUMENT NUMBER	318484
REPORTING OFFICER	Penny Nicholson, Councillor
AUTHORISING OFFICER	Phil McMurray, General Manager

DOCUMENT NUMBER	318731
REPORTING OFFICER	Leigh Bowden, Councillor
AUTHORISING OFFICER	Phil McMurray, General Manager

DOCUMENT NUMBER	318774
REPORTING OFFICER	Leigh Bowden, Councillor
AUTHORISING OFFICER	Phil McMurray, General Manager

DOCUMENT NUMBER	318886
REPORTING OFFICER	Gil Kelly, Councillor
AUTHORISING OFFICER	Phil McMurray, General Manager

DOCUMENT NUMBER	316981
REPORTING OFFICER	Marianne McInerney, Personal Assistant to the General Manager
AUTHORISING OFFICER	Phil McMurray, General Manager