Agenda of Ordinary Council Meeting

Ordinary Council Meeting Minutes

26 May 2020

MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council Meeting
HELD AT THE Council Chambers, Gundagai
ON Tuesday, 26 May 2020 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 (General Manager), Ganesh Ganeshamoorthy (Manager Assets), Mark Ellis (Manager Civil Works), 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.

2 Open Forum

Note: Due to COVID-19 the Meeting was closed to the public and there was no Open Forum. The meeting was live streamed and is available to watch online at www.cgrc.nsw.gov.au. Written submissions were read aloud during the meeting at item 8.1.11 Open Forum Submissions.

3 Apologies

Nil

4 Disclosures of Interest

Cr Palmer (Deputy Mayor) disclosed a significant non-pecuniary interest in items 8.1.1 and 11.2 Lease of Road Reserve Between Lot 5 DP 1092838 and Lots 60 , 61 and 62 DP 753604 Cootamundra near Netherleigh Lane as a relative owns an adjoining property.

Cr Graham disclosed a less than significant non-pecuniary interest in items 8.1.1 and 11.2 Lease of Road Reserve Between Lot 5 DP 1092838 and Lots 60 , 61 and 62 DP 753604 Cootamundra near Netherleigh Lane as he had inspected the property.

Cr McAlister (Mayor) disclosed a significant non-pecuniary interest in item 8.5.1 Gundagai Saleyard’s Operations Review – Late Report.

Cr Palmer (Deputy Mayor) disclosed a less than significant non-pecuniary interest in item 8.10.2 Tender – Cootamundra Materials Recovery Facility.

Cr Graham disclosed a less than significant non-pecuniary interest in item as he sent a letter providing advice to the Cootamundra Rugby Union Club as to how to progress the loan agreement between Cootamundra-Gundagai Regional Council for the Cootamundra Rugby Union Club’s Club House Project.

5 Confirmation of Minutes

Resolution 128/2020

Moved: Cr David Graham

Seconded: Cr Craig Stewart

Carried

6 Mayoral Minutes

6.1 Mayoral Minute - Councillor Engagement

Note: The following amendments were made at the Meeting:

28^th April, 2020

Cr McAlister (Mayor) attended the Councillor Workshop

12^th May, 2020

Cr McAlister (Mayor) attended the Councillor Workshop

21^st May, 2020

Cr McAlister (Mayor) attended the Councillor Workshop

Resolution 129/2020

Moved: Cr David Graham

Seconded: Cr Dennis Palmer

The information in the Mayoral Minute, and amendments, be received and noted.

Carried

7 Reports from Committees

7.1 Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 14 May 2020

Resolution 130/2020

Moved: Cr Gil Kelly

Seconded: Cr Charlie Sheahan

1. The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 14 May 2020, attached to the report, are submitted for adoption.

2. Council adopted the recommendations contained within the Minutes.

Carried

8 General Manager’s Report

8.1 Business

8.1.1 Lease of Road Reserve Between Lot 5 DP 1092838 and Lots 60, 61 and 62 DP 753604 Near Netherleigh Lane Cootamundra

Note: Cr Palmer (Deputy Mayor), having disclosed a significant non-pecuniary interest, and Cr Graham, having disclosed a less than significant non-pecuniary interest in this item left the Meeting.

Resolution 131/2020

Moved: Cr Penny Nicholson

Seconded: Cr Charlie Sheahan

Council not enter into a lease for the road reserve between Lot 5 DP 1092838 and Lots 60, 61 and 62 DP 753604 near Netherleigh Lane and take no further action in this matter.

Carried

8.1.2 Review of the Riverina Eastern Region Organisation of Councils and Riverina Joint Organisation Operations

Resolution 132/2020

Moved: Cr Leigh Bowden

Seconded: Cr Penny Nicholson

1. Council provides in-principle support for the way forward determined in relation to the creation of a new Regional Organisation under the structure of a company limited by guarantee.

2. A final decision on Council’s participation in the new Regional Organisation be determined once the funding arrangements for the COVID-19 Local Government Stimulus package have been resolved.

Carried

8.1.3 Delivery Program/Operational Plan Quarterly Progress Report

Resolution 133/2020

Moved: Cr Doug Phillips

Seconded: Cr Dennis Palmer

The Delivery Program 2018-2021 Incorporating the Operational Plan 2019/20 Quarterly Progress Report, (Q3, 1 January - 31 March, 2020) be received and noted.

Carried

8.1.4 Draft 2020/21 Operational Plan and Associated Documents

Resolution 134/2020

Moved: Cr Leigh Bowden

Seconded: Cr Charlie Sheahan

1. The Draft 2020/21 Operational Plan, inclusive of the Draft Revenue Policy, Draft Fees and Charges, Draft Budget and Draft Long Term Financial Plan, circulated separately to Council, be placed on public exhibition for a period of 28 days.

2. A Councillor Workshop be held Thursday, 28^th May, 2020 to further discuss the Fees and Charges component of the Draft Long Term Financial Plan.

Carried

8.1.5 Report on the Local Government Council COVID-19 Stimulous Package and Emergency Services Levy

Resolution 135/2020

Moved: Cr Dennis Palmer

Seconded: Cr Craig Stewart

1. The information on the Economic Stimulus for Councils, under separate cover, be received.

2. The report on the Local Government Council COVID-19 Stimulus Package and Emergency Services Levy be received and noted.

Carried

8.1.6 Review of Rates and Charges Financial Hardship Policy

Resolution 136/2020

Moved: Cr Leigh Bowden

Seconded: Cr Charlie Sheahan

1. The Review of Rates and Charges Financial Hardship Policy be received.

2. The content of the report be included in the updated Rates and Charges Hardship Policy.

3. The Updated Rates and Charges Financial Hardship Policy be prepared and submitted to the ordinary Meeting to be held 30^th June, 2020 for endorsement by Council.

Carried

8.1.7 Cootamundra Rugby Club Clubhouse Project

Resolution 137/2020

Moved: Cr Penny Nicholson

Seconded: Cr Leigh Bowden

1. The correspondence related to the Cootamundra Rugby Club Clubhouse Project, attached to the report, be received and noted.

2. The requested financial support detailed in the Cootamundra Rugby Club Workshop Address to Council, attached to the report, be deferred to the Ordinary Meeting to be held 30^th June, 2020 for further consideration.

3. A Memorandum of Understanding detailing the terms and conditions of the repayment of the subject loan be developed and submitted for the information of Council.

Carried

8.1.8 The Cootamundra Arts Centre Operations Update

Resolution 138/2020

Moved: Cr Leigh Bowden

Seconded: Cr Penny Nicholson

1. The Cootamundra Creative Arts and Cultural Centre Inc. Reports and other correspondence, attached to the report, be received and noted.

2. The future operational requirements and management of the centre be subject to a further briefing of Councillors.

Carried

8.1.9 Updated Council Meeting Action Report

Resolution 139/2020

Moved: Cr Doug Phillips

Seconded: Cr Gil Kelly

The Updated Council Meeting Action Report be noted.

Carried

8.1.10 Information Bulletin

Resolution 140/2020

Moved: Cr Charlie Sheahan

Seconded: Cr Gil Kelly

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

Carried

8.1.11 Open Forum Submissions

Resolution 141/2020

Moved: Cr Dennis Palmer

Seconded: Cr Penny Nicholson

1. The written submission from John Sexton of Cootamundra, attached to the report, for the Open Forum be received and noted.

2. The submission referred in 1. above be read out loud in the absence of the author.

Carried

8.1.12 July, 2020 Cuppa for the Driver 2020 Campaign

Resolution 142/2020

Moved: Cr Charlie Sheahan

Seconded: Cr Leigh Bowden

1. Council endorse Cootamundra-Gundagai Regional Council’s inclusion in the Free Cuppa for the Driver 2020 Campaign.

2. The Free Cuppa for the Driver 2020 Campaign be advertised through Council’s usual media channels.

Carried

8.2 Finance

8.2.1 March 2020 Quarterly Budget Review Statement

Resolution 143/2020

Moved: Cr David Graham

Seconded: Cr Penny Nicholson

1. The March 2020 Quarterly Budget Review Report, under separate cover, be received.

2. The budget variations listed in the report be adopted.

Carried

8.2.2 Investment Report - March 2020

Resolution 144/2020

Moved: Cr Doug Phillips

Seconded: Cr Craig Stewart

The Investment Report as at 30 April, 2020 be received and noted.

Carried

8.2.3 Updated Monthly Major Projects Program

Resolution 145/2020

Moved: Cr David Graham

Seconded: Cr Leigh Bowden

The Updated Monthly Major Projects Program report be received and noted.

Carried

8.2.4 Monthly Finance Report for april, 2020 - Late Report

Resolution 146/2020

Moved: Cr David Graham

Seconded: Cr Doug Phillips

The Monthly Finance Report for April, 2020, attached to the report, be received and noted.

Carried

8.3 Community and Culture

8.3.1 Old Gundagai Gaol Masterplan Report

Resolution 147/2020

Moved: Cr Penny Nicholson

Seconded: Cr Craig Stewart

The Old Gundagai Gaol Masterplan Report as prepared by Noel Thomson Architecture, dated April 2020, attached under separate cover, be adopted.

Carried

8.4 Development, Building and Compliance

8.4.1 Exhibition of Local Strategic Planning Statement

Resolution 148/2020

Moved: Cr Dennis Palmer

Seconded: Cr Gil Kelly

1. Council place the draft Local Strategic Planning Statement, attached under separate cover, on exhibition for a period of 28 days.

2. Consultation be undertaken with the relevant State Government Agencies and stakeholders seeking their comments.

Carried

8.4.2 Development Applications Approved April 2020

Resolution 149/2020

Moved: Cr Doug Phillips

Seconded: Cr Dennis Palmer

The information on Development applications approved in April, 2020 be noted.

Carried

8.5 Regulatory Services

8.5.1 Gundagai Saleyard's Operations Review – Late Report

Note: Having disclosed a significant non-pecuniary interest in item 8.5.1 Gundagai Saleyard’s Operations Review – Late Report Cr McAlister (Mayor) left the Meeting.

Resolution 150/2020

Moved: Cr Charlie Sheahan

Seconded: Cr Leigh Bowden

1. The fees to sell cattle and sheep at both the Cootamundra and Gundagai Saleyards be amended to reflect the same fees and charges.

2. The fee to sell cattle at both Cootamundra and Gundagai Saleyards be set at $8.00 per head.

3. A commission of the agent’s gross sale of 0.295% be included in the Gundagai Saleyards fees and charges.

4. To provide a consistent operational model across Cootamundra-Gundagai Regional Council, and to assist with continuity of management at both saleyards, management of the Gundagai Saleyards be formalised.

5. The Saleyard truck wash fee be adjusted to $0.85 per minute.

6. A holding/transit fee of $5.00 per head for cattle and $1.50 per head for sheep management be introduced.

Carried

8.6 Assets

8.6.1 Gundagai Sewage Treatment Plant Tender Report

Resolution 151/2020

Moved: Cr Penny Nicholson

Seconded: Cr David Graham

1. The Attachments one to six in relation to the Gundagai Sewage Treatment Plant Tender, attached under confidential cover, be received and noted.

2. The Tender received by Precision Civil Infrastructure Pty. Ltd. for the amount of $13,250,421.84 (including GST) for Contract No.10024401 for the Gundagai Sewerage Augmentation be accepted.

3. The specified contract period of forty six (46) weeks for Milestones 2 and Milestone 4, referred to in the attachment, be extended by two weeks to forty eight (48) weeks to allow demolition of redundant pump statins following commissioning of the proposed sewerage augmentation works.

Carried

8.7 Civil Works

8.7.1 Civil Works and Technical Services Report - May 2020

Resolution 152/2020

Moved: Cr Dennis Palmer

Seconded: Cr David Graham

That the Civil Works and Technical Services Report for the month of May, 2020 be received.

Carried

8.7.2 Extended Trial of Community Bus.

Resolution 153/2020

Moved: Cr Leigh Bowden

Seconded: Cr Penny Nicholson

Council extend the trial of the community bus to the end of November, 2020.

Carried

8.8 Technical Services

Nil

8.9 Facilities

8.9.1 Gundagai Preschool Kindergarten Project Update

Resolution 154/2020

Moved: Cr Leigh Bowden

Seconded: Cr Charlie Sheahan

1. The Update on the Gundagai Preschool Kindergarten be received.

2. NBRS Architecture be endorsed as the preferred company to undertake the complete construction package for the Gundagai Preschool-Kindergarten Capital Works Project funded by Stronger Communities Fund Program Round 2.

Carried

8.10 Waste, Parks and Recreation

8.10.1 Cootamundra Aquatic and Sports Stadium Facility Review

Resolution 155/2020

Moved: Cr Gil Kelly

Seconded: Cr Craig Stewart

1. The @leisure Planners Cootamundra Aquatic and Sport Stadium Facility Review Draft Report 2020, under confidential, be received and noted.

2. Council approve Cootamundra Aquatic and Sports Stadium Facility Review @leisure Planners to prepare and manage the implementation of an Expression of Interest (EoI) to investigate the most cost effective and efficient method of managing the Cootamundra Aquatic Centre and Sports Stadium facilities now and into the future.

3. A final report relating to the Expression of Interest (EoI), mentioned in 2 above, be prepared and submitted to for the consideration of Council no later than October, 2020.

Carried

8.10.2 Tender - Cootamundra Materials Recovery Facility be moved to Closed Council for discussion

Resolution 156/2020

Moved: Cr Dennis Palmer

Seconded: Cr David Graham

Carried

8.10.3 Council Co-Contribution for the Albert Park Play Space Project – Late Report

Resolution 157/2020

Moved: Cr Gil Kelly

Seconded: Cr Craig Stewart

1. Council authorise the General Manager to accept the grant funding of $200,000 and approve the amount of $200,000 required for the $1 for $1 co-contribution for the Albert Park Playspace in accordance with the successful application submitted through the Department of Planning, Industry and Environment’s Everyone Can Play Grant Round 2.

2. The co-contribution amount of $200,000 referred to in 1 above be resourced from the sale of Council’s Southern Phone share.

Carried

9 Motion of which Notice has been Given

9.1 Notice of Motion - Meet the request to fund a loan to the Cootamundra Rugby Union Club to complete the clubhouse project and set terms that are realistic for the Cootamundra rugby union club to be able to repay the debt and that the club will be able to continue to operate successfully into the future.

Motion

That Council resolve to approve the request by the Cootamundra Rugby Union Club and provide a loan which will see the clubhouse project through to completion. Further, that Council set terms and conditions that are realistic for the Cootamundra Rugby Union Club to repay the loan and ensure the Club will be able to continue to operate successfully into the future.

Note: Due to the lack of seconded the motion lapsed.

10 Questions with Notice

10.1 Councillors Questions With Notice for May, 2020

Resolution 158/2020

Moved: Cr Penny Nicholson

Seconded: Cr Gil Kelly

The Questions with Notice from Councillors and related responses from Council officers be noted.

Carried

11 Confidential Items

11.1 Closed Council Report

Resolution 159/2020

Moved: Cr Dennis Palmer

Seconded: Cr Leigh Bowden

1. Items 11.2 and 11.3 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 and 11.3 be withheld from the press and public.

11.2 Lease of the Road Reserve between Lot 5 DP 1092838 and Lots 60, 61 and 62 DP 753604 Near Netherleigh Lane Cootamundra

Provisions for Confidentiality

Section 10A (2) (e) – The Confidential Report contains information that would, if disclosed, prejudice the maintenance of law; and

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..

11.3 Proposal to Purchase Part of Lot 3 in DP 1243629 being an Area of Land at the Cootamundra Aerodrome Owned by Council

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 Lease of the Road Reserve between Lot 5 DP 1092838 and Lots 60, 61 and 62 DP 753604 Near Netherleigh Lane Cootamundra

Note: Cr Palmer (Deputy Mayor), having disclosed a significant non-pecuniary interest, and Cr Graham, having disclosed a less than significant non-pecuniary interest left the Meeting.

Resolution 160/2020

Moved: Cr Penny Nicholson

Seconded: Cr Craig Stewart

1. The correspondence received from Lindsay Taylor Lawyers, Sydney Business Lawyers and Mrs J Forsyth, attached to the report, be received and noted.

2. Council approve the amount of $25,000 be paid to Mr Bell to discontinue the proceedings in the Supreme Court.

Carried

11.3 Proposal to Purchase Part of Lot 3 in DP 1243629 being an Area of Land at the Cootamundra Aerodrome Owned by Council

Resolution 161/2020

Moved: Cr Dennis Palmer

Seconded: Cr Doug Phillips

1. The correspondence relating to the proposed purchase of part of lot 3 in DP 1243629, attached to the report, be received.

2. Council consider the proposal to sell approximately 100 square metres of the area of land mentioned in 1 above, to Mr Scott Adams of Col Adams Aerial Service pending the receipt of a formal valuation of the area.

3. When a formal valuation of the proposed 100 square metres of the area of land is received a further report be prepared and submitted for the consideration of Council.

Carried

8.10.2 Tender - Cootamundra Materials Recovery Facility

Resolution 162/2020

Moved: Cr Gil Kelly

Seconded: Cr Leigh Bowden

1. Under Clause 178(1)(b) of the Local Government Regulation 2005, Council decline to accept the complying Tender received from Elouera Association.

2. Under Clause 178(3)(e) of the Local Government Regulation 2005, Council authorise the General Manager to enter into negotiations with Elouera Association with a view to entering into a contract in relation to the subject matter of the tender.

3. Under Clause 178(4)(b) of the Local Government Regulation 2005, Council resolve to negotiate with Elouera Association, as referred to above in 2. above, as the Tender does not appear to be most advantageous to Council.

4. The existing operation and management of the Cootamundra Materials Recovery Facility and Wallendbeen and Stockinbingal landfill sites are to remain under current arrangements until such time as a new contract is agreed upon.

Carried

11.4

Resumption of Open Council Meeting

Resolution 163/2020

Moved: Cr Gil Kelly

Seconded: Cr Dennis Palmer

The Open Council meeting resume.

Carried

11.5 Announcement of Closed Council Resolutions

Note: The Chairperson was unable to announce the resolutions made in Closed Council due to losing the link of the live streaming.

The Meeting closed at 9:58PM.

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 30 June 2020.

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

CHAIRPERSON GENERAL MANAGER

Sports and Recreation Committee Meeting Minutes

17 March 2020

MINUTES OF Cootamundra-Gundagai Regional Council
Sports and Recreation Committee Meeting
HELD AT THE Alby Schultz Meeting Centre, Cootamundra
ON Tuesday, 17 March 2020 AT 6:00 PM

PRESENT: Ben Phillips (Cootamundra Cycle Club), Alan Moston (CootamundraCycle Club / Bicycle Users Group), Rod Chalmers (Cootamundra Rugby Club), Jeff White (Cootamundra Rugby Club), Mark Lake (Cootamundra Swimming & Lifesaving Club), Gareth Jones (Cootamundra Swimming & Lifesaving Club), Luke Dabin (Cootamundra Junior Rugby League Football Club / EA Southee Public School), Tina Wales (Cootamundra Basketball Association), Pat Kerin (Cootamundra Cricket Association), Michael Tanks (Cootamundra Junior Rugby League), Luke Dabin (Cootamundra Junior Rugby League, E A Southee School), Pat Kerin (Cootamundra Senior Cricket Association), Jason Sloan ( Cootamundra Junior Soccer Club), Rhonda Douglas (Cootamundra Cycle Club / Bicycle Users Group), Michael Tanks (Cootamundra Junior Rugby League Football Club), Paul Miller (Cootamundra Rugby League Football Club).

IN ATTENDANCE: Wayne Bennett (Manager Waste, Parks & Recreation), Andrew Brock (Manager Facilities), Terrina James (Recreation Officer), Steve Lowe (Parks & Gardens Foreman), Shelley Liehr (Executive Assistant – Operations)

1 Acknowledgement of Country

2 Apologies

Nil

3 Disclosures of Interest

Nil

4 Confirmation of Minutes

Moved: Rod Chalmers

Seconded: Jason Sloan

The Minutes of the Ordinary Meeting of Council held on Tuesday, 15 October, 2020 be confirmed as a true and correct record of the meeting.

5 BUSINESS ARISING FROM PREVIOUS MINUTES

Nil.

6 Reports

6.1 FISHER PARK LIGHTS

Recommendation

Fisher Park Lights have been completed on budget and on time. Minor repairs to damaged caused to the bicycle track by the crane during installation are now complete. Use of Fisher Park Lights will be available to sporting groups at a cost of $20.00 per hour.

Moved: Jeff White

Seconded: Pat Kerin

6.2 NRL storage in sports stadium tunnel

Recommendation

Issues with access to public toilet facilities within Sports Stadium Tunnel. Alternative equipment storage requirements to be discussed with Cootamundra Senior Rugby League Club at next meeting due to no representative being available.

Moved: Jason Sloan

Seconded: Michael Tanks

6.3 nicholson park cricket wicket

Recommendation

That the concrete cricket wicket within Nicholson Park be removed during turf renovations carried out due to grand funding obtained by Cootamundra Junior Rugby League Club. Removal discussed previously at Cootamundra District Cricket Association meeting and approved.

Moved: Luke Dabin

Seconded: Jason Sloan

6.4 proposed fees & charges and structure

Recommendation

Fees & Charges to be distributed to sporting groups for comment. Once comments received Fees & Charges to be forwarded to Council for adoption. Cootamundra Rugby Union Club requests that all charges be held over until NSW Government declares end of Covid-19 pandemic.

Moved: Rod Chalmers

Seconded: Caleb Jones

6.5 swimming pool summer season

Recommendation

That the following items be noted:-

- Water Splash Park and backwash system installation complete.

- Cootamundra Aquatic Centre & Sport Stadium Review currently being undertaken. Cootamundra Swimming & Lifesaving Club to be consulted prior to final report being received.

- Cootamundra Swimming & Lifesaving Club interested in applying for grants to upgrade Club House to include disabled access.

- Cootamundra Swimming & Lifesaving Club wishes to thank pool staff for their assistance during the season.

Moved: Mark Lake

Seconded: Michael Tanks

6.6 splash park

Recommendation

That it be noted the Splash Park is now complete, within budget and by designated completion date.

Moved: Terrina James

Seconded: Pat Kerin

6.7 cycle track restoration

Recommendation

Council to look at funding options to upgrade the cycle track in conjunction with all Fisher Park facilities. Proposed improvements include:-

- Removal of dog track fence.

- Remove retaining wall to move cycle track out, allowing extension of rugby league playing surface.

- Improvements to take into consideration that Fisher Park is a multi-purpose facility.

Moved: Ben Phillips

Seconded: Michael Tanks

6.8 storage area for cycle club at fisher park

Recommendation

That it be noted the storage room allocated for Cootamundra Cycle Club use suits the requirements of the Club.

Moved: Rhonda Douglas

Seconded: Ben Phillips

6.9 use of country club oval and associated public facilities

Recommendation

That it be noted Council have been advised by Cootamundra Rugby Union Club building project manager that public toilet facilities within the new building will be completed by 31 March 2020.

Moved: Jeff White

Seconded: Luke Dabin

6.10 booking of council grounds and associated facilities

Recommendation

That details of booking grounds and facilities will be incorporated into the 2020/2021 Fees & Charges.

Moved: Tina Wales

Seconded: Jason Sloan

6.11 recreational needs study

Recommendation

That the Recreational Needs Study is now on public exhibition and is available for review and comment.

Moved: Gareth Jones

Seconded: Alan Moston

6.12 nicholson park oval – junior rugby league ground upgrade update

Recommendation

That the Nicholson Park playing surface upgrade commenced in early March 2020 as scheduled and is progressing satisfactorily be noted.

Moved: Michael Tanks

Seconded: Luke Dabin

7 General Business

Nicholson Park Event Bins

Possibility of storage of event bins on unused practice court to enable access for Cootamundra Junior Rugby League Club.

RECOMMENDATION

That Council contact Cootamundra Tennis Club regarding use of space within the tennis court complex for storage of event bins.

Grants

Grant approved for co-contribution of rock climbing wall to be constructed at the Sports Stadium. Installation includes training of staff to operate the climbing facility.

Construction of a Pump Track within the Skate Park vicinity has had grant funding approved.

RECOMMENDATION

That the information be noted.

Baggy Blues Charity Cricket Match

Cootamundra District Cricket Club acknowledges Council’s assistance with the Baggy Blues cricket event held at Fisher Park. Pat Kerin passed on thanks for ground preparation and advised the event was a success.

RECOMMENDATION

That the information be noted.

Cootamundra Sports Stadium

Potential funding opportunities for repairs to Sports Stadium roof and air conditioning system. Details as yet unconfirmed.

RECOMMENDATION

That the information be noted.

Effluent Re-Use Scheme

Effluent re-use water system is experiencing issues. EA Southee School recorded an exceptionally high consumption over the summer period

RECOMMENDATION

That EA Southee School present details of effluent re-use consumption variations to Council.

The Meeting closed at 7:02 pm.

The minutes of this meeting were confirmed at the Cootamundra-Gundagai Sport and Recreation Committee Meeting held on 6:00 pm Tuesday 16^th June 2020.

Ordinary Council Meeting Agenda

30 June 2020

8.2.2 2020/21 Rates and Annual Charges

DOCUMENT NUMBER

329886

REPORTING OFFICER

Tim Swan, Manager Finance and Customer Service

AUTHORISING OFFICER

Phillip McMurray, General Manager

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

4.2 Active participation and engagement in local decision-making

FINANCIAL IMPLICATIONS

The annual rates and charges budget

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil

Recommendation

1. ORDINARY RATES

In accordance with the provisions of Section 535 of the Local Government Act, 1993 Cootamundra-Gundagai Regional Council hereby resolves to make the following rates for the 2020/21 rating year:

a) Farmland Category Rate of 0.2102605 cents in the dollar, with a base amount of $307.11 per assessment, for all rateable land within the Farmland Category in Council’s area, as defined in Section 515 of the Local Government Act, 1993 based upon the land value at a base valuation date of 1^st July, 2019. The base amount for the Farmland Category is estimated to realise 10.59% of the total yield in this category.

b) Residential Category Rate of 0.4881518 cents in the dollar, with a base amount of $307.11 per assessment, for all rateable land within the Residential Category in Council’s area, as defined in Section 516 of the Local Government Act, 1993, based upon the land value at a base valuation date of 1^st July, 2019. The base amount of $307.11 for the Residential Category is estimated to realise 45.47% of the total yield of this category.

c) Business Category Rate of 1.2009279 cents in the dollar, with a base amount of $307.11 per assessment, for all rateable land within the Business Category in Council’s area, as defined in Section 518 of the Local Government Act, 1993, based upon the land value at a base valuation date of 1^st July, 2019. The base amount of $307.11 for the Business Category is estimated to realise 19.68% of the total yield of this category.

d) Mining Rate of 0.210 cents in the dollar, with a base amount of $307.11 per assessment, for all rateable land within the Mining Category in Council’s area, as defined in Section 517 of the Local Government Act, 1993 based upon the land value at a base valuation date of 1st July 2019.

2. WASTE MANAGEMENT CHARGES

In accordance with the provisions of Sections 535, 496 and 501 of the Local Government Act, 1993 Council hereby resolves to make the following domestic waste management and waste management charges for the 2020/21 rating year:

a) Domestic Waste Management Charge of $456.00 per annual service for each parcel of rateable residential land within the Gundagai, Cootamundra, Stockinbingal and Wallendbeen Scavenging Areas for which the service is available, excluding vacant and unoccupied land. The levying of such charge is to entitle the ratepayer to a regular weekly service of one 120 litre bin for domestic rubbish and a fortnightly service of one 240 litre bin for recyclable domestic rubbish.

b) Green Waste/Organics Charge of $60.00 per annual service for each parcel of rateable residential land within the Gundagai, Cootamundra, Stockinbingal and Wallendbeen Scavenging Areas for which the service is available, excluding vacant and unoccupied land. The levying of such charge is to entitle the ratepayer to a regular fortnightly service of one 240 litre bin for green domestic waste.

c) Residential Waste Management – Other Charge of $456.00 per annual service for each assessment of residential land outside of the Gundagai and Cootamundra Scavenging Areas, for which the service is available and required. The levying of such charge is to entitle the ratepayer to a regular weekly service of one 140 litre bin for domestic rubbish, a fortnightly service of one 240 litre bin for recyclable domestic rubbish. (Ratepayers for whom this service is requested and available, may also elect to be provided with a Green Waste/Organics service subject to a charge equivalent to that as noted in b) above.)

d) Rural Waste Charge of $67.00 on each parcel of rateable land outside the Gundagai Cootamundra, Stockinbingal and Wallendbeen Scavenging areas, and for which there is no service being provided as noted in c) above.

e) Unoccupied (Vacant Land) Waste Charge of $67.00 on each parcel of rateable land within the Gundagai, Cootamundra, Stockinbingal and Wallendbeen Scavenging areas for which a domestic waste management service is available but the land is vacant and unoccupied.

3. STORMWATER MANAGEMENT SERVICE CHARGE

In accordance with the provisions of Section 535, 496A and 510A of the Local Government Act, 1993 Cootamundra-Gundagai Regional Council hereby resolves to make the following annual stormwater management service charges, in respect of occupied rateable land within the urban area of Cootamundra, with the exception of Council owned or controlled parks, land and buildings, or other land exempt as per Section 496A(2) of the Local Government Act, 1993 for the 2020/21 rating year:

a) Residential Stormwater Management Charge of $25.00 per annum per residential assessment of occupied rateable land within the townships of Gundagai and Cootamundra, with the exception of Council owned or controlled parks, lands and buildings, or other land exempt as per Section 496A(2) of the Local Government Act, 1993 and excluding land that is part of a residential strata allotment.

b) Residential Strata Stormwater Management Charge of $12.50 per annum per residential Strata assessment within the townships of Gundagai and Cootamundra, with the exception of Council owned or controlled parks, lands and buildings, or other land exempt as per Section 496A(2) of the Local Government Act, 1993.

c) Business (Non-Residential) Stormwater Management Charge of $25.00 for each 350 square meters of area of land or part thereof of land categorised as business, subject to a minimum of $25.00 per annum per assessment and a maximum charge of $250.00 per annum per assessment within the townships of Gundagai and Cootamundra, with the exception of Council owned or controlled parks, lands and buildings, or other land exempt as per Section 496A(2) of the Local Government Act, 1993.

c) Business (Non-Residential) Stormwater Management Charge being the greater of $5.00, or the assessment’s proportion of the charge that would apply if the total land area was not strata’d, per annum per business strata assessment within the townships of Gundagai and Cootamundra, with the exception of Council owned or controlled parks, lands and buildings, or other land exempt as per Section 496A(2) of the Local Government Act, 1993.

4. ON-SITE SEWERAGE MANAGEMENT ADMINISTRATION CHARGE

In accordance with the provisions of Sections 535 and 501 of the Local Government Act, 1993 Council hereby resolves to make the following domestic waste management and waste management charges for the 2020/21 rating year:

On-Site Sewerage Management Administration Charge of $45.00 per annum for properties for which on-site sewerage services are available and connected.

5. WATER CONSUMPTION CHARGES

In accordance with the provisions of Section 535 and 502 of the Local Government Act, 1993, Cootamundra-Gundagai Regional Council hereby resolves to make the following water consumption charges for the 2020/21 rating year:

Water Usage Charge of $2.00 per kilolitre for usage up to and including 39 kilolitres per quarter, and thereafter $3.00 per kilolitre for water usage exceeding 39 kilolitres per quarter, for all land connected to the water supply.

6. NON-RESIDENTIAL SEWER USAGE CHARGES

In accordance with the provisions of Section 535 and 502 of the Local Government Act, 1993, Cootamundra Gundagai Regional Council hereby resolves to make the following non-residential sewer usage charges for the 2020/21 rating year:

Non-Residential Sewer Usage Charge of $2.65 per kilolitre of the volume of sewerage discharged. The volume of sewerage discharged shall be calculated by multiplying the volume of water measured at the water meter(s) connected to the property, based on actual usage per kilolitre, by the sewerage discharge factors (SDF) for the predominant use of the land as follows:

PROPERTY USE	SDF %
Concrete Plant, Park Watering	2
Pool	10
Bowling Green, Clubhouse	20
Caravan Park	60
Community use (as defined in Community Based Not For Profit Organisations)	50
Hospital, Motel	85
General business, RLPB, Pharmacy, Medical Centre, Bakery, Restaurant/Hotel/Club, Takeaway food, McDonalds, Service Station, Dentist, Butcher, Hairdresser, Supermarket, Carwash	95
Sewer Well	100

7. WATER ACCESS CHARGES

The annual water access charges as identified below are charged quarterly in arrears.

In accordance with the provisions of Section 535 and 501 of the Local Government Act, 1993 Cootamundra-Gundagai Regional Council hereby resolves to make the following annual water access charges for the 2020/21 rating year:

a) Residential Water Access Charge on residential land to which the water supply is available and connected, excluding land that is part of a residential strata allotment, in accordance with the number and size of water service meters connected to the land as follows:

Water Meter Size	Annual Charge
20mm	$400.00
25mm	$625.00
32mm	$1,024.00
40mm	$1,600.00
50mm	$2,500.00
63mm	$3,969.00
75mm	$5,625.00
80mm	$6,400.00
100mm	$10,000.00

b) Residential Strata Water Access Charge of $400.00 per annum per residential Strata assessment for which the water supply is available and connected.

c) Non Residential Water Access Charge in respect of non-residential land to which the water supply is available and connected, excluding land that is part of a strata allotment, in accordance with the number and size of water service meters connected to the parcel as follows (excluding fire service meters):

Water Meter Size	Annual Charge
20mm	$400.00
25mm	$625.00
32mm	$1,024.00
40mm	$1,600.00
50mm	$2,500.00
63mm	$3,969.00
75mm	$5,625.00
80mm	$6,400.00
100mm	$10,000.00

d) Non-Residential Strata Water Access Charge of $400.00 per annum per non-residential Strata assessment for which the water supply is available and connected.

e) Non-Residential Community Water Access Charge in respect of non-residential land to which the water supply is available and connected, and whereby Council has by resolution identified the assessment as being subject to Non-Residential Community Water Access charges, in accordance with the number and size of water service meters connected to the parcel as follows (excluding fire service meters):

Water Meter Size	Annual Charge
20mm	$200.00
25mm	$318.00
32mm	$512.00
40mm	$800.00
50mm	$1,250.00
80mm	$3,200.00
100mm	$5,000.00

8. VACANT WATER ACCESS CHARGES

In accordance with the provisions of Section 535 and 501 of the Local Government Act, 1993, Cootamundra-Gundagai Regional Council hereby resolves to make the following annual vacant water access charges for the 2020/21 rating year:

a) Vacant Residential Water Access Charge of $400.00 per annum per residential assessment to which the water supply is available but not connected.

b) Vacant Non-Residential Water Access Charge of $400.00 per annum per non-residential assessment to which the water supply is available but not connected.

9. SEWER ACCESS CHARGES

The annual sewer access charges as identified below are charged quarterly in arrears.

a) Residential Sewer Access Charge of $700.00 per annum per residence to which sewerage services are available and connected.

b) Non-Residential Sewer Access Charge in respect of non-residential land to which sewerage services are available and connected, with the exception of any parcel of land to which a Non-Residential Community Sewer Access Charge applies, in accordance with the number and size of the water service meters connected to the land as follows (excluding fire service meters):

Water Meter Size	Annual Charge
20mm	$500.00
25mm	$600.00
32mm	$700.00
40mm	$960.00
50mm	$1,200.00
63mm	$1,512.00
75mm	$1,800.00
80mm	$1,920.00
100mm	$2,400.00

c) Non-Residential Community Sewer Access Charge in respect of non-residential land to which a sewerage service is available and connected, and whereby Council has by resolution identified the assessment as being subject to Non-Residential Community Sewer Access charges, in accordance with the number and size of water service meters connected to the land as follows (excluding fire service meters):

Water Meter Size	Annual Charge
20mm	$250.00
25mm	$300.00
32mm	$350.00
40mm	$480.00
50mm	$600.00
80mm	$960.00
100mm	$1,200.00

10. VACANT SEWER ACCESS CHARGES

c) Vacant Residential Sewer Access Charge of $350.00 per annum per residential assessment to which the water supply is available but not connected.

d) Vacant Non-Residential Sewer Access Charge of $350.00 per annum per non-residential assessment to which the water supply is available but not connected.

11. LIQUID TRADE WASTE CHARGES

The annual trade waste charges as identified below are charged bi-annually in arrears. In accordance with the provisions of Section 535 and 502 of the Local Government Act, 1993, Council hereby resolves to make the following trade waste charges for the 2020/21 rating year:

a) Trade Waste Annual Fee on non-residential land connected to the sewerage service of $231.00 where liquid trade waste is discharged.

b) Trade Waste Usage Charge on (Category 2) non-residential land connected to the sewerage service of $4.00 per kilolitre of the estimated volume of liquid trade waste discharged to the sewerage system with prescribed pre-treatment. The volume of liquid trade waste discharged shall be calculated by multiplying the volume of water measured at the water meter(s) connected to the property, based on actual usage per kilolitre, by the trade waste discharge factors (TWDF) for the predominant use of the property as follows:

PROPERTY USE	TWDF %
Concrete Plant, Park Watering and Sewer Well	1
Pool, Bowling Green, Clubhouse and General Business	10
RLPB, Pharmacy, Medical Centre	20
Caravan Park, School and Bakery, Community use (as defined in Community Based Not for Profit Organisations)	25
Motel, Restaurant, Hotel, Club	30
Takeaway food	50
McDonalds	62
Service Station	70
Dentist	80
Hospital	85
Butcher, Hairdresser, Supermarket, Carwash	90

12. INTEREST ON OVERDUE RATES and CHARGES

In accordance with Section 566 of the Local Government Act, 1993, and NSW Government Gazette 104 of 22^nd May, 2020, Council set the interest rate on overdue rates and charges for the 2020-21 rating year at 0.0% per annum for the period 1^st July, 2020 to 31^st December, 2020, and then 7.00% per annum for the period 1^st January, 2021 to 30^th June, 2021, calculated daily.

13. COMMUNITY BASED NOT FOR PROFIT ORGANISATIONS

Cootamundra-Gundagai Regional Council hereby resolves to make the assessments shown below as being those assessments to which the Non-Residential Community Water Access Charges, Non-Residential Community Sewer Access Charges, Liquid Trade Waste and Non-Residential Community Sewer Usage Charges shall apply:

Assessment	Name of Occupier (to whom water is billed)	Use of Land

Religious Organisations
10013423	Salvation Army	Minister's residence
10029320	Salvation Army Prop Trust	Place of worship
10029445	Uniting Church	Religious teaching
10029478	Uniting Church	Place of worship
10039766	Australasia Conference (7th Day Adventists)	Place of worship
10001451	Convent of Mercy	Minister's residence
10001477	Catholic Church Trustees	Place of worship
10001485	Catholic Church Trustees	Minister's residence
10008142	Presbyterian Church	Place of worship
10013340	Jehovahs Witnesses Congregations	Place of worship
10015444	Church of Foursquare Gospel	Place of worship
10015832	Baptist Church of NSW	Place of worship
10017119	Anglican Church of Australia	Minister's residence
10017135	Anglican Church of Australia	Place of worship
11011715	Anglican Church of Australia	Place of worship
11017787	Saint Davids Uniting Church	Place of worship
11018389	Anglican Church of Australia	Place of worship
11019627	Roman Catholic Church	Place of worship

Local Sporting and Charitable Community Groups
10030450	Town Tennis Club [owned by Crown (Council)]	Sporting facility
10030468	Rugby League Club and others [owned by Crown (Council)]	Sporting facility
10039865	Elouera Association	Not for profit organisation
10033223	Pre-School Kindergarten	Community facility
10035780	Cootamundra Lions Club [owned by Crown (Council)]	Community group
10039246	Cootamundra Health Care Co-operative (Nursing Home)	Community facility

10008399	Boy Scouts Association	Community group
10008431	Ex-Servicemens and Citizens Club	Community facility
10008845	Australian Red Cross Society House	Public charity
10009660	Showground Users Group [owned by Crown (Council)]	Community facility
10010320	The Cootamundra Country Club	Community facility
10011955	Retirement Village	Community facility
10012060	Elouera Association School	Not for profit organisation
10015725	Girl Guides Association	Community group
10046159	Elouera Association Office	Not for profit organisation
10045698	Strikers Soccer	Sporting facility
10017556	Cootamundra Squash Association	Sporting facility
10010882	CADAS Coota West	Community group
11011913	Gundagai Pre-School Kindergarten	Community group
11011905	Gundagai Pre-School Kindergarten	Community group
11015922	Gundagai Common Trust	Community group
11016136	Gundagai Racecourse and Showground Land Manager	Sporting facility
11019569	Valmar Support Services Ltd	Not for profit organisation
11019452	Gundagai District Services Club	Community facility
11019460	Gundagai District Services Club	Community facility
11019965	Gundagai District Services Club	Community facility
11019973	Gundagai District Services Club	Community facility
11021730	Gundagai District Services Club	Community facility
11021318	Gundagai Scout Group	Community group
11032836	Gundagai Historic Bridges Committee	Community group

Introduction

Section 535 of the Local Government Act, 1993 requires that rates and charges must be made by resolution of Council.

Discussion

The provisions of Section 532 of the Local Government Act, 1993 specify that a council must not make a rate or charge until it has given public notice (in accordance with Section 405(3)) of its Draft Operational Plan for the year for which the rate or charge is to be made and has considered any matters concerning the Draft Operational Plan (in accordance with Section 405(5)).

Council has fulfilled the public notice obligation and the rates and charges for 2020-21
must be adopted by Council.

In accordance with the Proclamation relating to the creation of Cootamundra-Gundagai Regional Council and the Local Government Amendment (Rates—Merged Council Areas) Bill 2017, a four-year rate path freeze applied to Council from 2016/17 (until the end of the 2019/20 rating year).

This period has now expired, and the former structures of the former councils’ areas pertaining to rates and charges have been amalgamated and harmonised.

The Independent Pricing and Regulatory Tribunal (IPART) has determined that Council’s
general income may be increased by 2.6% under Section 506 of the Local Government Act, 1993 for the rating year commencing 1^st July, 2021. This increase has been applied to
the notional rate incomes of each of the former Councils.

The Special Rate Variation previously approved for the former Gundagai Shire Council will be retained in Council’s general income base for 10 years from June, 2014, and from 1^st July, 2024, Council’s general income will be reduced to what it would have been without the special rate variation.

Ordinary Council Meeting Agenda

30 June 2020

8.4 Development, Building and Compliance

8.4.1 Development Application 2020/066 Construction a Shed at 6-8 Betts Street, Cootamundra

DOCUMENT NUMBER

329618

REPORTING OFFICER

Sharon Langman, Manager Development, Building and Compliance

AUTHORISING OFFICER

Phillip 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

The legislation requires that applications be assessed and determined in accordance with statutory timeframes and are applicable to applicant appeal rights. It is not envisaged that there will be legislative implications associated with this report.

POLICY IMPLICATIONS

This proposal involves a variation to the controls contained within Cootamundra Development Control Plan, accordingly there are policy implication associated with this report.

ATTACHMENTS

Nil

Recommendation

Development application 2020/066 for the construction of a shed and carport at 6-8 Betts Street, Cootamundra be approved subject to the following conditions:

ADMINISTRATIVE CONDITIONS

(1) GEN Condition - Compliance Standards

Any building and associated works shall comply with the statutory requirements of the Environmental Planning & Assessment Act, Local Government Act, 1993 and the Building Code of Australia (BCA).

Reason: The legal obligations of the Council to administer the New South Wales building and planning laws in order to provide satisfactory standards of living and development.

(2) 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
N/A	Statement of Environmental Effects	Applicant	Undated
N/A	Site Plan	Applicant	Undated
MAST33345	Floor Plan & Elevations	MA Steel Pty Ltd	08/05/2020

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

(3) GEN Condition - Utilities

Approval is given subject to the location of, protection of, and/or any necessary modifications to any existing public utilities situated within or adjacent to the subject property.

Reason: To ensure that any public utilities are maintained and protected from damage.

(4) Gen Condition – Not certify compliance with BCA or NCC

The issue of this Development Consent does not certify compliance with the relevant provisions of the Building Code of Australia or National Construction Code Series.

Reason: This consent does not certify compliance with the BCA or NCC.

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

(1) PCC Condition – New Connection: Plumbing and Drainage Works.

An application shall be lodged and approved by Cootamundra Shire Council under Section 68 of the Local Government Act for any new water, sewerage or drainage connection prior to the issue of a Construction Certificate.

All plumbing works must be undertaken by a licenced plumber or drainer. They must submit their Notice of Work (N.O.W) and pay for any associated inspections 48hrs before the first inspection. They also must submit a correct Sewer Service Diagram (S.S.D) for all works. The C.O.C and S.S.D. must be submitted before an Occupation Certificate can be released by the Principal Certifying Authority (P.C.A).

The proponent shall comply with all requirements tabled under any approval issued under section 68 of the Local Government Act 1993, NSW Fair Trading and The Plumbing Code of Australia.

Reason: Statutory compliance.

PRIOR TO COMMENCEMENT OF WORKS

(1) PCW Condition – Prior to Building Work Commencing.

The erection of a building in accordance with the development consent must not commence until:

1. a construction Certificate for the building work has been issued by the consent authority, the council (if the council is not the consent authority) or an accredited certifier, and

2. the person having the benefit of the development consent has:

a. appointed a principal certifying authority for the building work, and

b. notified the principal certifying authority that the person will carry out the building work as an owner-builder, if that is the case, and

3. the principal certifying authority has, no later than 2 days before building works commences:

a. notified the consent authority and the council (if the council is not the consent authority) of his or her appointment, and

b. notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect to the building work, and

4. the person having the benefit of the development consent, if not carrying out the work as an owner-builder, has,

a. appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential work is involved, and

b. notified the principal certifying authority of any such appointment, and

c. unless that person is the principal contractor, notified the principal contractor of any critical stage inspection or other inspections that are to be carried out in respect of the building work .

Reason: To ensure compliance with the requirements of the Environmental Planning and Assessment Regulations.

(2) PCW Condition – Signage.

Site signage shall apply and must be erected on the site in a prominent, visible position for the duration of the construction. The signage must include:

1. Statement that unauthorised entry to the site is not permitted

2. Show the name of the builder or another person responsible for the site and a telephone number at which the builder or other person can be contacted outside working hours

3. The name, address and telephone contact of the Principal Certifying Authority for the work

Any structures erected to meet the requirements of this condition must be removed when it is no longer required for the purpose for which it was erected.

Reason: To meet the minimum requirements of the Environmental Planning & Assessment Regulation.

(3) PCW Condition – Notice of Commencement.

Prior to work commencing a ‘Notice of Commencement of Building Work and Appointment of Principal Certifying Authority’ shall be submitted to Council at least 2 days prior to work commencing.

Reason: To meet the minimum requirements of the Environmental Planning & Assessment Regulation.

(4) PCW Condition – Builders Toilets.

Provision being made for temporary WC accommodation on site prior to the commencement of excavation or other associated building works.

Reason: To ensure minimum standards of hygiene for onsite workers.

(5) PCW Condition – Residential Building Work.

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

1. In the case of work for which a principal contractor is required to be appointed:

a. In the name and licence number of the principal contractor, and

b. The name of the insurer by which the work is insured under Part 6 of that Act.

2. In the case of work to be done by an owner-builder:

a. The name of the owner-builder and,

b. If the owner builder is required to hold an owner builder permit under the Act, the number of the owner-builder permits.

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (1) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

Reason: Statutory compliance.

(6) PCW Condition – Siting of Building.

The applicant is responsible to ensure that the building is sited on the allotment and constructed to the design levels approved by Council as specified on the approved site plan.

Reason: To ensure the development is carried out on the correct allotment.

(7) PCW Condition – Waste Storage During Construction.

Provision shall be made on site for the proper storage and disposal of waste such that no builders' waste shall be left in the open. Specific attention should be given to items which are subject to relocation by the action of wind, e.g. Paper, sheets of iron, ridge capping, cement and lime bags and the like.

Reason: To ensure that the site is not a source of wind-blown litter.

(8) PCW Condition – Soil Erosion Control.

Site erosion control measures shall be incorporated into site management during construction. Seepage and surface water shall be collected and diverted clear of the building site by a drainage system. Care shall be taken to ensure that no nuisance is created to adjoining properties or public space by way of sediment run off.

Reason: To ensure that adequate measures are in place so that damage from sediment run off to adjoining sites and waterways is minimised.

(9) PCW Condition – Second Hand Materials.

No second hand materials are to be used on any external surface of the building unless made available for inspection and separately approved by Council prior to erection.

Reason: To ensure the external appearance of the building is maintained to an acceptable standard.

(10) PCW Condition – Underground Services.

The applicant shall locate and identify all existing underground services prior to commencement of works and ensure there shall be no conflict between the proposed development and existing infrastructure including areas external to the development site where works are proposed.

Reason: To ensure the utility services are protected and satisfactory for the proposed development.

DURING CONSTRUCTION

(1) DUR Condition – Works to be undertaken in Accordance with the Approval.

All proposed works to be undertaken are to be carried out in accordance with the conditions of development consent, approved construction certificate drawings and specifications.

Reason: ensure all works are carried out in accordance with the development consent.

(2) DUR Condition – Hours of Construction Site Works.

Construction site works including the entering and leaving of vehicles is limited to the following hours, unless otherwise permitted by Council:

Monday to Saturday from 7.00am to 7.00pm

Sundays and public holidays from 9.00am to 12.00pm

The applicant is responsible to instruct and control subcontractors regarding hours of work.

Reason: So that the development does not reduce the amenity of the area.

(3) DUR Condition – Footpath Storage.

Building materials not to be stored on Council footway or nature strip at any time.

Reason: To ensure an adequate level of public safety is maintained.

(4) DUR Condition – Waste Removal.

All debris and any waste fill are to be removed from the site and disposed of at Cootamundra Garbage Depot, in the building refuse section of the garbage depot. Please note that a separate fee applies for disposal of waste at Council's waste depot. You should contact Council's Works Operations Manager for an estimate of costs in this regard.

Reason: To ensure that the amenity and unsightly condition is minimised.

(5) DUR Condition - BCA Compliance.

All building work (other than work relating to the erection of a temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate was made).

Reason: To ensure the building complies with the BCA.

(6) DUR Condition – Inspections.

The Principal Certifying Authority is to be given a minimum of 48 hours’ notice prior to any critical stage inspection or any other inspection nominated by the Principal Certifying Authority via the notice issued under Section 91A of the Environmental Planning and Assessment Act 1979.

Reason: To ensure that adequate time is given of required inspections.

(7) DUR Condition – Restricted Public Access.

It is the responsibility of the applicant to restrict public access to the building site, building works or materials or equipment on the site when building work is not in progress or the site is otherwise unoccupied in accordance with WorkCover Regulations.

Reason: To ensure public safety is maintained.

(11) DUR Condition – Storm Water.

Storm water is to be discharged to an approved point. The applicant is provide a stormwater plan demonstrating compliance with AS3500.

Reason: To ensure that roof water is disposed of without nuisance to neighbours, without overloading Council's laneways system and so as to minimise input to the ground water system

(12) DUR Condition – Storm Water / Ground Water Diversion.

Run-off and ground water seepage shall be diverted around the building to the storm water system via a suitable ag drain or dish drain.

Reason: To minimise the opportunity for ponding and flooding.

POST CONSTRUCTION

(1) POC Condition – Occupation of Building.

A person must not commence occupation or use of the whole or any part of the buildings unless an occupation certificate has been issued by the appointed Principal Certifying Authority.

Reason: So that the development is substantially completed to a safe standard to allow use or occupation of said building.

(2) POC Condition – Compliance Certificates.

Prior to occupation of the building an Occupation Certificate is to be obtained. If Council is requested to issue the Occupation Certificate, all relevant compliance certificates must be submitted.

Reason: So that the development is substantially completed to a safe standard to allow use or occupation of said building.

ONGOING USE

(1) USE Condition – Business Use.

The shed/carport not being let, adapted or used for separate occupation or commercial purposes.

Reason: Development consent is required for any activity other than residential.

(2) USE Condition – Clean and Tidy.

The premises are to be maintained in a clean and tidy condition at all times.

Reason: So that the development does not reduce the amenity of the area.

(3) USE Condition –Amenity General.

The development is to be conducted in a manner that will not interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil, by causing interference to television or radio reception or otherwise.

Reason: So that the development does not reduce the amenity of the area.

(4) USE Condition – Non Habitable Use.

The shed is not to be used for residential occupation without prior consent of Council.

Reason: Health and safety prohibition.

Introduction

This application proposes the construction of a shed (8m x 16m x 4.572m high) and attached 8m x 12m x 4.572m high) carport, overall dimension 8m x 28m x 4.572m high or 224m². It is proposed to have a mezzanine 8m x4m in the end bay for storage only. The building is free standing, adjacent to the existing dwelling and to be used ancillary to the dwelling.

Discussion

The site is 2,536m² on the southeast edge of the residential area of Cootamundra. It is situated on Betts Street, which is a no through road off Gundagai Road. A dwelling has been constructed on the site.

The site is a rectangular-shaped, relatively flat site with a 40 metre frontage to Betts Street, which is not kerb and guttered. Council has a sewer pump station located on the adjoining southern allotment which will be adjacent to the development. There is a recently constructed sporting oval (soccer) at the rear of the development. There is also a sewer easement located on the southern boundary.

Figure 1 – Location plan

Figure 2 – Aerial view - site

GENERAL REQUIREMENTS OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979:

1.7 Application of Part 7 of Biodiversity Conservation Act 2016 and Part 7A of Fisheries Management Act 1994

The sections of the above Acts require Council to consider whether the development or activity is likely to significantly affect threatened species, populations or ecological communities (as per the relevant tests in each Act). As per these sections and tests, it is not considered that the development is likely to significantly affect threatened species, populations or ecological communities, because:

Biodiversity Conservation Act 2016

§ The site has not been declared as an area of outstanding biodiversity value,

§ the development does not exceed the biodiversity offsets scheme thresholds (is not mapped as high biodiversity value on the Biodiversity Values Map and does not exceed the clearing threshold), as does not involve the removal of native vegetation,

§ no trees are to be removed, and there is no groundcover disturbance,

§ the site is in the urban area,

§ the development is not a key threatening process.

Fisheries Management Act 1994

§ All threatened species, endangered populations and endangered ecological communities known to occur in the LGA, or thought to be extinct in the LGA, are confined to the Murrumbidgee River or river system, and the development is 7 km from the River,

§ there is no declared critical habitat in the region,

§ the development is not a key threatening process.

2.22 Mandatory community participation requirements

Part 1 (Mandatory community participation requirements) of Schedule 1 (Community participation requirements) sets out the mandatory requirements for community participation by planning authorities with respect to the exercise of relevant planning functions, which includes among other things, notification of development applications.

The relevant section that applies to this development is:

7 Application for development consent (other than for a complying development certificate, for designated development, for nominated integrated development, for threatened species development or for State significant development)

(1) Minimum public exhibition period for an application for development consent (other than for a complying development certificate, for designated development, for nominated integrated development, for threatened species development or for State significant development)—

(a) if the relevant community participation plan specifies a period of public exhibition for the application—the period so specified, or

(b) if the relevant community participation plan specifies that no public exhibition is required for the application—no public exhibition, or

(c) otherwise—14 days.

The CGRC Community Participation Plan (CPP) identifies certain development applications that will be notified (generally buildings of certain size and setback), and those that may detrimentally impact adjoining neighbours. The CPP outlines the following requirements for notification of developments:

Control	Applicable	Comment
Buildings with a floor area greater than 100m2 closer than 3m to the boundary line;	No	The building is greater than 100m2 (224m2) but is 7.6 metres off the side boundary.
Any building or works closer than 0.9m to the boundary line;	No	The building is 7.6 metres off the side boundary.
Buildings which are greater than one storey less than 6m to the boundary line;	No	The building has a mezzanine, which is not classified as a storey, is greater than 6 metres regardless, 7.6 metres off the side boundary.
Buildings less than or equal to 100m from a boundary in a rural (excluding RU5) or environmental zone;	No	Not in rural zone
Applications which may detrimentally impact adjoining neighbours including matters of overshadowing, views, privacy, noise, smoke, dust, odour, reflection of light, storm water and so on	Yes	The building is orientated north-south down the lot, which will create a 8 metre frontage to Betts Street, that will reduce any bulk and scale from the street. The adjoining sewerage pump station has a number of industrial buildings, which already impact on the streetscape and will not be impacted by the development. Therefore it would be deemed that the development would have minimum impact to adjoining neighbours.

As outlined above there is no requirement for notification, accordingly the development was not notified.

4.5 Designation of consent authority

The development is not state significant or regionally significant, and therefore Council is the determining authority.

4.10 Designated development

Schedule 3 of the EP&A Regulation defines the various types of designated development, but the application does not meet any of the criteria and therefore is not designated.

4.13 Consultation and concurrence

If required by an environmental planning instrument, this section requires Council to consult with or obtain the concurrence of the person. No consultation was required in this instance.

4.14 Consultation and development consent—certain bush fire prone land

The site is not bush fire prone, nor is it within the vicinity of land that is bush fire prone.

4.22 Concept development applications

The development is not a concept development (a development application that sets out concept proposals for the development of a site, and for which detailed proposals for the site or for separate parts of the site are to be the subject of a subsequent development application or applications).

4.33 Determination of Crown development applications

The development is not a Crown development (a development application made by or on behalf of the Crown).

4.36 Development that is State significant development

The development is not State significant development (of a size, type, value or with impacts deemed to be significant).

4.46 Integrated development

The development is not integrated development (requires consent or an approval from another government agency.

4.55 Modification of consents - generally

Not applicable.

SECTION 4.15 CONSIDERATIONS UNDER THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979:

4.15(1)(a)(i) The provisions of any environmental planning instrument:

State Environmental Planning Policies (SEPPs) and deemed SEPP’s

The following SEPPs are relevant to the development.

SEPP No. 55 – Remediation of Land

Clause 7(1) prescribes that a consent authority must not consent to the carrying out of any development on land, unless it has considered whether the land is contaminated. The site is not identified on Council’s potentially contaminated land register, and there is no evidence to indicate that the land is a site of possible contamination, and no further investigation is warranted.

SEPP No. 64 - Advertising and Signage

No signage is proposed as part of this application. A condition will be imposed regarding signage.

SEPP (BASIX) 2004

This SEPP is not relevant as the building is not a BASIX affected building. A shed and carport are not BASIX effected buildings.

Local Environmental Plan (LEP)

The applicable LEP is the Cootamundra LEP 2013 (CLEP), and the relevant provisions of the LEP are discussed as follows.

1.2 Aims of Plan

The development is not inconsistent with the relevant aims of the LEP, which include:

(a) to ensure that local amenity is maintained and enhanced,

(b) to protect viable agricultural land from conflicting land uses,

(f) to identify and manage the heritage resources of Cootamundra.

The development will not have a negative effect on the local amenity due the surrounding landuses and development, size allotment, location of the site and the proposal within the site. It is unlikely that the proposal will have an adverse impact on the amenity of the area, nearby property owners, the public or the environment. The site does not contain a heritage item nor does is it within a heritage conservation area.

1.4 Definitions

The proposed development is defined as ancillary to a dwelling house, which is defined in CLEP as dwelling house means a building containing only one dwelling. This activity is permissible in the zone.

1.6 Consent authority

The consent authority for the purposes of this Plan is (subject to the Act) the Council.

1.9A Suspension of covenants, agreements and instruments

There is a Council sewer main and manhole located on the south boundary. The development will not encroach over the easement.

Figure 3 – Location of Council services

2.1 Land use zones

The site is zoned R1 General Residential and the proposed development is permitted in the zone with consent.

2.3 Zone objectives

Under this clause Council must have regard to the objectives of the zone when determining the development. The development, whilst not actively working towards every objective, is considered to be consistent with the following objectives:

§ To provide for the housing needs of the community – the development is ancillary to a dwelling house and is within the residential area of Cootamundra,

§ To provide for a variety of housing types and densities – the lot size is larger than the conventional lot size in Cootamundra. However given that land is flood prone, medium to high density would not be appropriate, a single dwelling with a large ancillary uninhabitable building would be appropriate.

2.7 Demolition requires development consent

This development does not involve any demolition.

5.10 Heritage conservation

There are no heritage items on-site (identified on ether the SHR or in the LEP) or any adjacent sites, nor is the site within a heritage conservation area.

6.1 Earthworks

Earthworks proposed as part of this development involve the placement of footings and slab and would be deemed as minor.

6.2. Flood planning

This clause applies to land identified as “Flood Planning Area” on the Flood Planning Map and land at or below the flood planning level. The site has a small section on the south western corner which is mapped as being within the flood planning area.

Therefore Council must consider whether the development is compatible with the flood hazard of the land, will not significantly impact on flood behaviour creating flood affectation off site, will not significantly adversely affect the environment or cause erosion, siltation, destruction of riparian vegetation or a reduction in stability of river banks or watercourses and not result in unsustainable social or economic costs to the community as a consequence of flooding. Given that such a small section of the land is flood effected it would not significantly impact on flood behaviour or adversely affect the environment. As the development is an uninhabitable domestic shed it would not result in an unsustainable social or economic cost to the community if flooded.

6.4 Groundwater vulnerability

This clause applies to land identified as “Groundwater Vulnerable” on the Groundwater Vulnerability Map. The whole of the site has been mapped as groundwater vulnerable for the purpose of this clause. The objective of this clause is to maintain the hydrological functions of key groundwater systems and to protect vulnerable groundwater resources from depletion and contamination as a result of development. The development will not intersect, interrupt or rely on the groundwater as part of the proposal. It is considered the proposal is not consistent with the objectives of this clause

6.9 Essential Services

This clause states that development consent must not be granted unless the consent authority is satisfied that any of the following services that are essential for the proposed development are available or that adequate arrangements have been made to make them available when required—

(a) the supply of water,

Reticulated water is available to the site; there is no requirement or proposal to upgrade the services as part of this proposal.

(b) the supply of electricity,

Power connected to the site; there is no requirement or proposal to upgrade the services as part of this proposal.

(c) the disposal and management of sewage,

Sewer is available to the site and is not proposed to be connected to the shed

(d) stormwater drainage or on-site conservation,

There are existing stormwater services. Stormwater from the proposed building will be required to be connected to the existing stormwater system.

(e) suitable road access.

The existing road network is able to provide satisfactory access to the site. The existing culvert driveway crossover in Betts Street is adequate to service the development

4.15(1)(a)(ii) The provisions of any draft environmental planning instrument:

State Environmental Planning Policies (SEPPs)

There are no draft SEPP’s which relate to this development.

Local Environmental Plan (LEP)

There are no draft LEPs which apply to this land.

4.15(1)(a)(iii) The provisions of any development control plan:

Cootamundra Development Control Plan applies to the site. Chapter Two of the DCP relates to residential development including ancillary development.

2.1 Building Line Setback

Setback for the primary road frontage shall be the average of the setback of the nearest two dwellings within 40m of the proposal or there are no neighbouring houses, 10 metres. The is no adjoining house to the south therefore a 10 metre setback is required. It is proposed to have a 12 metre front setback, which will set the development back behind the existing dwelling, therefore complies.

Setbacks for Garages, Sheds and Carports - General Requirements:

Garages, sheds and carports must be setback at least 1m from the primary or secondary

building line. Complies, shed setback 1 metre behind building line.

2.2 Site Coverage

The site coverage for all development is not to be greater than 40% or 750m² for allotments having an area of greater than 1500 m². This proposal has a total building area of 18.3% or 466.5m².

Control	Applicable	Comment
Maximum Site Coverage of ALL Development The site coverage for all development is not to be greater than 40% or 750m² for allotments having an area of greater than 1500 m².	Yes	The existing dwelling has a total area of 241.7m² and the proposal has a total building area of 224m² or 465.7m²or 18.3%. Therefore compliant.
Maximum Floor Area for Single Dwelling Houses (excluding allotments within the R3 Zone)	No	Development is not a dwelling.
Maximum Floor Area for Outbuildings The floor area of a single outbuilding on an allotment must not be more than the following table (floor area is calculated on building footprint measured from external walls or posts)- Allotments greater than 900 m² - 110m². Provision for additional open structures is provided, such as verandas and carports to be added to any outbuilding so long as the open structure does not exceed 50% of the total allowable floor area of the sites maximum outbuilding size. The open structure can be constructed as part of the same building, under the same roofline and/or on the same concrete slab, so long as the open structure has a minimum of three open sides.	Yes	The proposal exceeds the 110m². The shed sections of shed (8 x 16 metres), 128m² or 16% greater than 110m². The carport will have 3 sides open, therefore the 50% of 110m² applies (55m²). The carport section is 8 x 12, 96m² or 57% greater than 55m². Variation requested and outlined below.
Minimum Principal Private Open Space Requirements Each dwelling house must be provided with an area devoted to ‘principal private open space’ which is an area that is directly accessible from, and adjacent to, a habitable room, other than a bedroom and is at least 3 metres wide and is not steeper than 1:50 gradient. Allotments greater than 1500 m²- 30%	Yes	The allotment is 2,536m²in area. The total area of all development is 465.7m². Therefore 81.7% Principal private open space.

Variation to Maximum Floor Area for Outbuildings

As defined in the DCP, variations to the site coverage and floor area limitations must be made in writing and are to accompany a Development Application for the project. The following steps below outline the process in assessing the application for a site coverage and floor area limitations variation.

Step

Comment

1. The written application must outline the reasons why the proposal cannot meet the policy provisions, (ie. An existing easement has reduced available building envelope).

It must outline what extra measures have been employed to enhance the appearance of the proposal and lessen its impacts on the existing streetscape, (ie.

The use of a mixture of materials and the inclusion of screening landscaping).

The applicant has requested the variation, based on:

1. The large lot size of 2,536m² and large front setback of 12 metres and side setback of 7.6 metres.

2. The development will be adjacent to a sewer pump station which has similar height steel clad buildings which smaller front setbacks, therefore the streetscape will not be impacted .

3. The shed and carport will be used for domestic purposes predominately for vehicle storage which will limit the number of vehicles parked in front of the property.

2. The application will be notified to both adjoining and adjacent land owners who are deemed by Council, to be impacted on by proposal. These landowners will be invited to view plans of the proposal and submit comments as they deem appropriate.

As outlined above in the report, the application was not notified

3. Council’s determining officer may choose to grant variations to the site coverage and floor area limitations under delegated authority so long as the variation is considered minor and does not involve more than 5% of the original permitted in the DCP provisions.

The variations are 16% for the shed section and 57% for the carport section. Therefore exceed 5% and must comply with step 4.

4. In other cases Council’s determining officer will prepare a report to Council outlining the proposal and the variations to the policy provisions. The report will make a recommendation as to whether the variation should be supported or rejected based on the applicant’s consideration to the performance criteria and likely impacts on the locality.

A report has been prepared.

The justification outlined in step 1, consisting of:

1. The large lot size of 2,536m² and large front setback of 12 metres and side setback of 7.6 metres.

2. The development will be adjacent to a sewer pump station which has similar height steel clad buildings which smaller front setbacks, therefore the streetscape will not be impacted.

3. The shed and carport will be used for domestic purposes predominately for vehicle storage which will limit the number of vehicles parked in front of the property.

can be supported in this instance. It can also be noted that the orientation of the building to have an 8 metre wide frontage to Betts Street will also reduce bulk and scale of the development on the streetscape.

5. Council will determine the outcome of the application to vary the policy provisions based on the report.

Pending Council’s determination

6. If the variation was supported, Council’s determining officer will continue to assess the Development Application in accordance with the Environmental Planning and

Assessment Act 1979 and make an appropriate determination.

Pending Council’s determination

7. If the variation was rejected, the applicant will be given the opportunity to vary the

design of the proposal and resubmit an additional site coverage and floor area

variation if warranted. Otherwise Council’s determining officer will determine the

Development Application as refused based on non-compliance with Council’s DCP

and the considerations under the Environmental Planning and Assessment Act 1979.

Pending Council’s determination

2.3 Residential Driveway Safety Requirements

A physical barrier of separating vehicle parking and manoeuvring areas from dwelling access points is required to be achieved to meet this requirement of the DCP. As front doors are considered to be exempt for the purposes of this clause, the development achieves compliance as there is no interconnecting door in the wall that is within three metres of a dwelling.

4.15(1)(a)(iiia) Any planning agreement or draft planning agreement:

The developer has not entered into a planning agreement, nor has offered to enter into a draft planning agreement.

4.15(1)(a)(iv) Matters prescribed by the Regulations:

Council has considered the following matters as prescribed by Regulations:

Clause 92 (Additional matters for consideration): -

§ the development application does not involve the demolition of a building, accordingly the demolition must occur in compliance with AS 2601,

§ the development is not for the carrying out of development on land that is subject to a subdivision order made under Schedule 7 to the Act,

§ the development is not located within the local government area of Coonamble, City of Dubbo, Gilgandra or Warrumbungle (to which the Dark Sky Planning Guideline applies),

§ the development does not pertain to a manor house or multi dwelling housing (terraces).

Clause 93 (Fire safety and other considerations)

§ the development does not result in a change of building use, and therefore this clause is not applicable.

Clause 94 (Consent authority may require buildings to be upgraded)

§ the development does not involve the rebuilding, enlargement or extension of an existing building.

Clause 94A (Fire safety and other considerations - temporary structures)

§ the development is not for a temporary structure.

Clause 288 (Special provision relating to Sydney Opera House)

§ the development does not relate to the Sydney Opera House.

4.15(1)(b)The likely impacts of that development:

Context and Setting:

The site is within a recently developed residential area where the predominant use is residential low density. It is not considered that the proposal will have any negative effect in a local or regional context, in terms of - scenic qualities, features of the landscape, the character of the area or existing landuses in the locality.

The scale of the development is not inconsistent with the existing character of the area, given the adjoining sewer pump station. There will not be any overshadowing of adjoining properties or loss of views or vistas. The construction of the development will not result in the loss of acoustic privacy for adjoining premises.

Access, Transport and Traffic:

The development will be used for residential purposes and will utilise the existing driveway. There is no projected increase in the traffic movement as the development will be predominately used for storage.

It is considered that the road network is adequate, and the development would not negatively impact on traffic movement.

Public Domain:

The development will not impact negatively in terms of such things as recreational opportunities, or the amount, location, design, use and management of public spaces.

Utilities:

This issue has been discussed above in relation to the DCP and LEP, which found all required utilities are available.

Heritage:

There will be no impact on Aboriginal or European heritage, as a result of the development.

Other Land Resources:

The development will not have any adverse effect on conserving and using valuable land resources such as productive agricultural land, mineral extractive resources or water supply catchments.

Water:

The issue of water supply and impact on ground and surface waters is discussed above, and it has been found that there will be no impact.

Soil:

There are minimal earthworks required for this development and there will be no impact on soils. It is not expected that the development will have an impact on soil structure, stability, salinity or sodic qualities either on site or offsite. Erosion and sedimentation controls are required to be put in place to limit the escape of soil off site.

Air and Microclimate:

The development will have little or no impact on air quality and microclimatic condition, as the use will not generate odours fumes, gases etc. Some dust may be generated from vehicle movements, but is expected to be minimal due to the low density of the area.

Flora and Fauna:

The development will not result in the removal of any trees. It is therefore considered unlikely that the development will have a negative impact on critical habitats, threatened species or populations, ecological communities or any other protected species, or on native fauna or vegetation.

Waste:

There will be waste associated with the development during construction. The applicant is to provide a waste bin to cater for this waste.

Energy:

No impact.

Noise and Vibration

It is not considered that the development will generate offensive noise pollution or vibrations, nor will any additional noise be generated. General residential noise is expected as a result of this development.

Natural Hazards:

There are no known risks to people, property or the biophysical environment from – geologic or soil instability. The issue of flooding has been addressed above.

Technological hazards

There are no known risks to people, property or the biophysical environment from industrial and technological hazards, land contamination and remediation or building fire risk.

Safety, security and crime prevention

It is not considered that the proposed development would impact on the security and safety of adjoining properties nor will the design encourage criminal activity.

Social Impacts in the Locality:

It is not considered that the development will have a negative social impact in terms of the health and safety of the community, social cohesion, community structure, character, values or beliefs, social equity, socio-economic groups or the disadvantaged, and social displacement.

Economic Impact in the Locality:

It is not considered that there will be any negative impact in economic terms.

Site Design and Internal Design:

It is considered that the proposed development is sensitive to the environmental conditions and site attributes. The construction of the proposal is subject to a Construction Certificate which is to be assessed the requirements of the Building Code of Australia. The proposal has requested a variation to the DCP as assessed above.

Construction Matters:

These are subject to the assessment of a construction certificate application. However standard hours of construction, along with site security conditions are appropriate to impose on any consent issued.

Cumulative impacts

There will be an increase in roof area will have an impact on stormwater. However it is considered that the existing infrastructure is adequate to cater for this increase.

4.15(1)(c) - The suitability of the site for the development:

Does the proposal fit in the locality?

The development will result in a development that fits in the locality. There are no constraints posed by adjacent developments that would prohibit the development, given the size of the property, the minimal impacts and the setbacks proposed. It is considered that the air quality and microclimate are appropriate for the development, and there are no hazardous landuses or activities nearby, and ambient noise levels are suitable for the development.

Are the site attributes conducive to development?

The site is subject to flooding which has been addressed above. There are no other natural hazards such as, subsidence, slip, mass movement or bushfire. The soil characteristics are appropriate for the development, and there are no critical habitats, or threatened species, populations, ecological communities or habitats on the site. The development will not prejudice future agricultural production and there are no known mineral or extractive resources on the site.

4.15(1)(d) - Any submissions made:

As detailed above no submissions were received.

4.15(1)(e) - The public interest:

The Riverina Murray Regional Plan 2036 has been developed to plan for future population’s needs for housing, jobs, infrastructure and a healthy environment, in the Region. The development is not inconsistent any of the Directions in the Plan.

Staff are not aware of any other policy statements from either Federal or State Government that are relevant to this proposal, nor any planning studies or strategies. There is no management plan that is applicable to a development of this nature.

Overall, the proposal would not contravene the public interest.

OTHER MATTERS:

Section 7.11 and 7.12 Contributions Policies:

Section 7.12(2) of the EPA Act, states that “a consent authority cannot impose as a condition of the same development consent a condition under this section as well as a condition under section 7.11”. Accordingly, Council can only require payment of either a 7.11 or 7.12 contributions.

Section 7.11 Contributions Plans

The only Section 7.11 plan in force is the “Development Generating Heavy Vehicle Usage of Local Road”, which only applies in Gundagai, but does not apply to this type of development.

Section 7.12 Contributions Plans

The Cootamundra-Gundagai Regional Council Section 7.12 Fixed Development Consent Levy Contributions Plan 2018, applies to this development, based on the following:

Proposed Cost of the Development	Maximum Percentage of the Levy	Contribution payable
Up to $100,000	Nil	$0
$100,001-$200,000	0.5 %	N/A
$200,001 +	1 %	N/A

Disclosure of political donations and gifts:

The applicant and notification process did not result in any disclosure of Political Donations and Gifts.

SCHEDULE 1, DIVISION 4, CLAUSE 20 - REASONS FOR THE DECISION:

This section of the Act requires the public notification of certain decisions, the date of the decision, the reasons for the decision and how community views were taken into account in making the decision. The reasons for the decision and how community views were taken into account, as it relates to this development application are:

§ the proposed development is not inconsistent with the objectives of the zone,

§ the proposed development is minor and low-key in nature,

§ assessment of the development against the relevant zone purpose and Environmental Planning Instruments demonstrates that the proposed development will not cause significant adverse impacts on the surrounding natural environment, built environment and infrastructure, community facilities, or local character and amenity,

§ the proposed development does not compromise the relevant Environmental Planning Instruments,

§ Council has considered that the proposed variation to the Development Control Plan.

Ordinary Council Meeting Agenda

30 June 2020

8.4.2 Development Application 2020/083 - Storage Shed at 35 Parker Street, Cootamundra

DOCUMENT NUMBER

329633

REPORTING OFFICER

Sharon Langman, Manager Development, Building and Compliance

AUTHORISING OFFICER

Phillip 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

POLICY IMPLICATIONS

This proposal involves a variation to the controls contained within Cootamundra Development Control Plan, accordingly there are policy implication associated with this report.

ATTACHMENTS

Nil

Recommendation

Development application 2020/083 for the construction of a storage shed at 35 Parker Street, Cootamundra be approved subject to the following conditions:

ADMINISTRATIVE CONDITIONS

(1) GEN Condition - Compliance Standards

Any building and associated works shall comply with the statutory requirements of the Environmental Planning & Assessment Act, Local Government Act, 1993 and the Building Code of Australia (BCA).

Reason: The legal obligations of the Council to administer the New South Wales building and planning laws in order to provide satisfactory standards of living and development.

(2) GEN Condition - Compliance with Council

Document Reference	Description	Author	Date
N/A	Statement of Environmental Effects	Applicant	Undated
N/A	Site Plan	Applicant	Undated
0810745342 (sheets 2-7 of 9)	Floor Plan, Elevations, Framing & Footings	Best Sheds	30/05/2020