Business Paper
Ordinary Council Meeting
Council Chambers, Gundagai
6:00PM, Tuesday 28th July, 2020
Administration Centres: 1300 459 689 |
Ordinary Council Meeting Agenda |
28 July 2020 |
The Mayor & Councillors
Cootamundra-Gundagai Regional Council
PO Box 420
Cootamundra NSW 2590
NOTICE OF MEETING
An Ordinary Meeting of Council will be held in the Council Chambers, Gundagai on:
Tuesday, 28th July, 2020 at 6:00PM
The agenda for the meeting is enclosed.
Phillip McMurray
General Manager
Live Streaming of Meetings
This meeting is streamed live via the internet and an audio-visual recording of the meeting will be publicly available on Council's website.
By attending this meeting, you consent to your image and, or, voice being live streamed and publicly available.
Ordinary Council Meeting Agenda |
28 July 2020 |
AGENDA
5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 30 June 2020
6.1 Mayoral Minute - Councillor Engagement
8.1.1 Cootamundra-Gundagai Regional Council Recreation Needs Study Final Report
8.1.2 Draft Workplace Surveillance Policy and Draft Use of Body Worn Video Camera Procedure
8.1.3 Governance responses to issues identified by the Audit Office NSW
8.1.4 Cootamundra Tourism Action Group Section 355 Committee - Minutes of Meeting held 2 July 2020
8.1.5 Cootamundra Youth Council - Meetings held Tuesday 7th July 2020
8.1.6 THe Arts Centre Cootamundra s355 Committee Annual General Meeting Reports and Minutes
8.1.7 Updated Council Meeting Action Report
8.2.1 2020/21 Rates and Annual Charges
8.2.2 Monthly Finance Report for May 2020
8.2.3 Investment Report - June 2020
8.2.4 Updated Monthly Major Projects Program and Projects Schedule
8.4 Development, Building and Compliance
8.4.3 Development Applications Approved June 2020
8.5.1 Cootamundra CBD Pigeon Strategy Report
8.6.1 Ten Year Plant Replacement Programme and Plant Fund
8.7.1 Civil Works and Technical Services Report - July 2020
8.8.1 Federal Government Funding - Local Road and Community Infrastructure Programme
8.10 Waste, Parks and Recreation
8.10.1 Replacement of Case Landfill Loader Plant No. 1304.
9 Motion of which Notice has been Given
9.1 Notice of Motion - Rail Trail between Cootamundra and Tumblong
9.2 Notice of Motion - Cootamundra Main Street Enhancement Lighting Program
Council acknowledges the Wiradjuri people, the Traditional Custodians of the Land at which the meeting is held and pays its respects to Elders, both past and present, of the Wiradjuri Nation and extends that respect to other Aboriginal people who are present.
28 July 2020 |
REPORTING OFFICER |
Marianne McInerney, Personal Assistant to the General Manager |
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
1. Minutes of the Ordinary Meeting of Council held on Tuesday 30 June 2020
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The Minutes of the Ordinary Meeting of Council held on Tuesday 30 June 2020 be confirmed as a true and correct record of the meeting.
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Minutes Ordinary Council Meeting
Alby Schultz meeting Centre, Cootamundra
6:00PM, Tuesday, 30TH JUNE, 2020
Administration Centres: 1300 459 689 |
Ordinary Council Meeting Minutes |
30 June 2020 |
MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council
Meeting
HELD AT THE Alby
Schultz meeting Centre, Cootamundra
ON Tuesday, 30 June
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), Kay Whitehead (Interim Deputy General Manager), Ganesh Ganeshamoorthy (Manager Assets) via Microsoft Team, Miriam Crane (Manager of Community and Culture) via Microsoft Team, Sharon Langman (Manager Development, Building and Compliance) via Microsoft Team, Andrew Brock (Manager Facilities), Tim Swan (Manager Finance)
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 as is available to watch online at www.cgrc.nsw.gov.au. Written submissions were read aloud during the Meeting at item 8.1.1 Open Forum Submissions.
3 Apologies
4 Disclosures of Interest
Cr David Graham disclosed a Less than Significant Non-Pecuniary Interest in Item No. 8.1.8 Cootamundra Rugby Club Clubhouse Project as he has previously attended a meeting with club representatives to discuss the project and offered suggestions as to how to address matters.
5 Confirmation of Minutes
5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 26 May 2020 |
Note: It was noted in item 8.5.1 Gundagai Saleyards Operations Review – Late Report that point 6 included a holding/transfer fee of $1.50 per head for sheep management. That was incorrect and has been removed from the 26 May, 2020 Meeting Minutes. |
Resolution 164/2020 Moved: Cr Charlie Sheahan Seconded: Cr Craig Stewart The amended Minutes of the Ordinary Meeting of Council held on Tuesday, 26th May, 2020 be confirmed as a true and correct record of the meeting. Carried |
5.2 Minutes of the Sports and Recreation Committee Meeting held on Tuesday 17 March 2020 |
Note: It was noted in the Minutes that item 6.9 Use of Country Club Oval and Associated Facilities that the public toilet facilities referred to in the item are not complete. |
Resolution 165/2020 Moved: Cr Dennis Palmer Seconded: Cr Penny Nicholson The Minutes of the Sports and Recreation Committee Meeting held on Tuesday, 17th March, 2020 be received and noted. Carried |
6 Mayoral Minutes
6.1 Mayoral Minute - Councillor Engagement |
Note: the following amendments were made at the meeting: 21st May, 2020 Cr Bowden attended Australian Local Government women’s Association Meeting via Zoom. 2nd June, 2020 Cr Bowden attended a Cootamundra Youth Council Meeting. 4th June, 2020 Cr Bowden attended a Cootamundra Tourism Action Group s355 Committee meeting via Zoom. 11th June, 2020 Cr Bowden attended a Cootamundra Development Corporation Board meeting 18th June, 2020 Cr Bowden attended a Cootamundra Creative Arts and Cultural Centre s355 committee meeting. 21st June, 2020 Cr Bowden attended Australian Local Government women’s Association Meeting via Zoom. 24th June, 2020 Cr Bowden attended Community Consultation on Jubilee Park. 25th June, 2020 Cr Bowden attended Ellwood’s Hall s355 Committee Meeting.
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Resolution 166/2020 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson The Information in the Mayoral Minute and amendments be received and noted. Carried |
7 Reports from Committees
Nil
8 General Manager’s Report
8.1 Business
8.1.1 Open Forum Submissions |
Resolution 167/2020 Moved: Cr Dennis Palmer Seconded: Cr Gil Kelly The written submissions for the Open Forum be received and noted and read aloud. Carried |
8.2.2 2020/21 Rates and Annual Charges |
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Resolution 168/2020 Moved: Cr Dennis Palmer Seconded: Cr Gil Kelly 1. Council recognises the financial and social impact of the current economic climate on our community. Understanding and appreciating the situation we all find ourselves in now, as we battle the impact of the drought and COVID-19, requires us to revise and review our earlier decision in regard to rate harmonisation. 2. In view of the significant and unreasonably large increase in rates for many ratepayers that will result from adoption of the proposed Ordinary Rates for the 2020/21 financial year, urgent representation be made to the Minister for Local Government for approval of an Ordinary Rate increase ‘glide path’ over several years, so as to transition the increases of the financial impacts, say three (3). 3. Member for Cootamundra, Steph Cooke, MP be requested to support Council’s representations to the Minister. 4. In recognition that Council cannot delay the levying of rates for an extended period, an Extraordinary Meeting of Council be held to consider the Minister’s response as soon as it is received. 5. Should the Minister’s decision be in the negative Council has no option but to apply the Rate Harmonisation as reported.
CARRIED |
8.2.2 2020/21 Rates and Annual Charges |
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Resolution 169/2020 Moved: Cr Charlie Sheahan Seconded: Cr Gil Kelly
1. 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.
2. 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. d) Business (Non-Residential) Strata 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.
3. 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.
4. 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: a) 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, excepting land whereby Council has by resolution identified the assessment as being subject to Non-Residential Community Water Usage charges per b) below.
b) Non-Residential Community Water Usage Charge of $1.50 per kilolitre for usage up to and including 39 kilolitres per quarter, and thereafter $2.25 per kilolitre for water usage exceeding 39 kilolitres per quarter, for 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 Usage charges.
5. 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. An indicative list of the applicable sewerage discharge is as follows:
6. 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:
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):
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):
7. 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, with the exception of any parcel of land to which a Vacant Non-Residential Community Water Access Charge applies c) Vacant Non-Residential Community Water Access Charge of $200.00 per annum per non-residential assessment to which the water supply is available but not connected
8. Sewer Access Charges The annual sewer 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 sewer access charges for the 2020/21 rating year: a) Residential Sewer Access Charge of $600.00 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):
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):
9. Vacant Sewer 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 sewer access charges for the 2020/21 rating year: a) Vacant Residential Sewer Access Charge of $350.00 per annum per residential assessment to which the water supply is available but not connected. b) 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, with the exception of any parcel of land to which a Vacant Non-Residential Community Sewer Access Charge applies. c) Vacant Non-Residential Community Sewer Access Charge of $175 per annum per non-residential assessment to which sewerage services are available but not connected, and whereby Council has by resolution identified the assessment as being subject for Vacant Non-Residential Community Access charges
10. 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. An indicative list of the applicable trade waste discharge factors is as follows:
11. Interest On Overdue Rates And Charges In accordance with Section 566 of the Local Government Act, 1993, and NSW Government Gazette 104 of 22nd 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 1st July, 2020 to 31st December, 2020, and then 7.00% per annum for the period 1st January, 2021 to 30th June, 2021, calculated daily. 12. 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, Non-Residential Community Water Usage Charges, and Community use sewerage and trade waste discharge factors shall apply as follows:
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8.1.2 Draft 2020/2021 Operational Plan |
Note: it was noted that the existing position of Tourism and Economic Development Officer, to be funded through grant monies, had been excluded from the Draft Operational Plan. |
Resolution 170/2020 Moved: Cr Dennis Palmer Seconded: Cr Leigh Bowden 1. Council receive tabled submissions received after the publication of the Business Paper of the June, 2020 Ordinary Meeting. 2. That $35,000 be added to the 2020/21 financial year budget for the installation of an irrigation system at the Cootamundra Off-Leash Dog Park. 3. Due to COVID-19, and as a result of the gazetted interest rate of 0% for the six (6) months to 31st December, 2020, the amount budgeted for interest on overdue rates and annual charges be reduced by $43,400. 4. The $80 fee for a Section 10.7(5) Planning Certificate included in the 2020/21 draft fees and Charges be replaced with the $133 fee for Section 120.7(2)&(5) Planning Certificates. 5. The easement rental payments in the Water & Sewer fund be moved to the General Fund. 6. In anticipation of the contact for the Cootamundra Development Corporation being extended, that $35,000 be included in the budget. 7. Funding options be sought to retain the position of Tourism and Economic Development Officer based in Cootamundra. 8. Council adopt the draft 2020/21 Operational Plan, Long Term Financial Plan and, Fees and Charges, and Revenue Policy, attached to the report, (with the exception of the Ordinary Rates which are to be determined following the response from the Minister for Local Government in relation to item 8.2.2 Rates and Annual Charges (Min. No. 168/2020 Ordinary Meeting 30th June, 2020). 9. A review of the sporting and recreational ground user fees be undertaken within three (3) months. Carried |
8.1.3 Fees for Mayor and Councillors |
Resolution 171/2020 Moved: Cr Dennis Palmer Seconded: Cr Charlie Sheahan 1. The Local Government Remuneration Tribunal Annual Determination 2020/21 financial year is submitted for the information of Council. 2. Due to COVID-19, the Councillor annual fee of $12,160 and the Mayoral (Additional) annual fee of $26,530, adopted for the 2019/20 financial year (Min. No 185/2019), be adopted for the 2020/21 financial year. Carried |
8.1.4 Federal Government Funding - Local Road and Community Infrastructure Programme |
Resolution 172/2020 Moved: Cr Charlie Sheahan Seconded: Cr David Graham 1. The Report on the Federal Government Funding – Local Road and Community Infrastructure Programme and media release, attached to the report, be received and noted. 2. The Deputy Prime Minister be thanked for his efforts in securing this funding. Carried |
8.1.5 Australian Local Government Women's Association NSW Executive Meeting |
Resolution 173/2020 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson 1. Cootamundra-Gundagai Regional Council write to the Minister for Local Government, Shelley Hancock, MP expressing strong opposition to the concept of universal postal voting for NSW Local Government elections to be held 4th September, 2020. 2. Cootamundra-Gundagai Regional Council join the Australian Local Government Women’s Association New South Wales. Carried |
8.1.6 Procurement Guidelines for Officers and Local Preference Policy |
Resolution 174/2020 Moved: Cr Gil Kelly Seconded: Cr Charlie Sheahan 3. Updated Procurement Procedures and Guidelines for Officers, attached to the report, be received and noted. 4. That the Local Purchasing Policy is not required to be implemented at this time be noted. Carried |
8.1.7 Applications for Community Donations |
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Resolution 175/2020 Moved: Cr Penny Nicholson Seconded: Cr Leigh Bowden 1. Council consider the applications contained within the report. 2. The Organisation Applications contained in the report be allocated funding as follows:
Carried |
8.1.8 Cootamundra Rugby Club Clubhouse Project |
Note: Having disclosed a Less than Significant Non-Pecuniary Interest in Item No. 8.1.8 Cootamundra Rugby Club Clubhouse Project Cr Graham left the room during consideration of this item. |
Resolution 176/2020 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson The requested $110,000 further financial support detailed in the Cootamundra Rugby Club Workshop previous address to Council be approved and added to the existing loan. Carried |
Note: At the resolution of this item Cr Graham returned to the meeting. |
8.1.9 Review of Rates and Charges Financial Hardship Policy |
Note: It was noted in the hardship policy that Council will encourage ratepayers to make an appropriate application under the appeal provision of the NSW Valuation of Land Act, 1916 through the Valuer Generals office for hardship caused as a consequence of the making and levying of rate following a new valuation. |
Resolution 177/2020 Moved: Cr Doug Phillips Seconded: Cr Craig Stewart The Rates and Charges Financial Hardship Policy, attached to the report, be endorsed. Carried |
8.1.10 Report and Minutes from Cootamundra Tourism Action Group s355 Committee |
Resolution 178/2020 Moved: Cr Leigh Bowden Seconded: Cr Dennis Palmer 1. The Report and Minutes from the Cootamundra Tourism Action Group s355 Committee, attached to the report, be received and noted. 2. Consideration be given to recommendations contained within the report. Carried |
8.1.11 Section 355 Committee update |
Resolution 179/2020 Moved: Cr Leigh Bowden Seconded: Cr Gil Kelly That the submissions, and this report, be received and noted and that Council reinstate the s355 Committee for the Cootamundra Concert Band. Carried |
Resolution 180/2020 Moved: Cr Gil Kelly Seconded: Cr Charlie Sheahan Council meet with members of the Cootamundra Beach Volley Ball s355 committee to discuss: i) if the existing s355 Committee remains the best means of governance for the future of the event and insurance coverage for volunteers involved in its delivery; ii) if sponsorship, by way of the existing ‘in-kind’ support should continue or if a cost recovery model be adopted; iii) subsequent to the determinations of (i) and (ii), that part of the accumulated surplus raised by the Committee, and not required for undertaking future events, be used for a specific bequest, to the community, at the discretion of the Committee; Carried |
Resolution 181/2020 Moved: Cr Leigh Bowden Seconded: Cr Charlie Sheahan That the submissions, and this report, be received and noted and that subject to the maintenance of a sufficient number of volunteers and subsequent to the Annual General Meeting, The Arts Centre Cootamundra (TACC) s355 Committee continue with reviewed purchasing and contracting arrangements supervised by Council staff.
Carried |
8.1.12 June 2020 Information Bulletin |
Resolution 182/2020 Moved: Cr Penny Nicholson Seconded: Cr Craig Stewart The information and correspondence, attached to the report, be received.
Carried |
8.1.13 Updated Council Meeting Action Report |
Resolution 183/2020 Moved: Cr Dennis Palmer Seconded: Cr Gil Kelly The Updated Council Meeting Action Report be noted.
Carried |
8.2 Finance
8.2.1 Internal Audit and Audit, Risk and Improvement Committee Report |
Resolution 184/2020 Moved: Cr David Graham Seconded: Cr Craig Stewart 1. The Minutes of the Internal Audit and Audit, Risk and Improvement Committee, attached the report, be received. 2. Council endorse the 2020/2021 Internal Audit Plan encompassing the Audits of Records Management, Grants Management & Depot Inventory Management. Carried |
Resolution 185/2020 Moved: Cr Dennis Palmer Seconded: Cr Gil Kelly Item 8.2.2 2020/21 Rates and Annual Charges be moved for discussion following item 8.1.1 Open Forum Submissions.
Carried |
8.2.3 Investment Report - May 2020 |
Resolution 186/2020 Moved: Cr Penny Nicholson Seconded: Cr David Graham The Investment Report as at 31st May, 2020 be received and noted. Carried |
8.2.4 Updated Monthly Major Projects Program |
Resolution 187/2020 Moved: Cr Charlie Sheahan Seconded: Cr Craig Stewart The Updated Monthly Major Projects Program report be received and noted. Carried |
8.3 Community and Culture
8.3.1 Tourism Branding and Marketing Strategy |
Resolution 188/2020 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson 1. The Branding (Option 3) section of the Branding and Marketing Strategy, attached to this report, be adopted I. Marketing documentation to be revised and adopted after boundaries commission outcome. II. Actions arising from the strategy be incorporated into the Operational Plan.
Carried |
8.3.2 Gundagai Tourism Action s355 Committee - Minutes |
Resolution 189/2020 Moved: Cr Penny Nicholson Seconded: Cr Leigh Bowden The Minutes of the Meeting of the Gundagai Tourism Action Group S355 Committee held on 24th June, 2020, attached to the report, be received.
Carried |
8.4 Development, Building and Compliance
8.4.1 Development Application 2020/066 Construction a Shed at 6-8 Betts Street, Cootamundra |
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Resolution 190/2020 Moved: Cr Charlie Sheahan Seconded: Cr Gil Kelly 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.
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.
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 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.
Carried |
8.4.2 Development Application 2020/083 - Storage Shed at 35 Parker Street, Cootamundra |
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Resolution 191/2020 Moved: Cr Craig Stewart Seconded: Cr Gil Kelly 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 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.
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 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.
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 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
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.
Carried |
8.4.3 Development Applications Approved May 2020 |
Resolution 192/2020 Moved: Cr Dennis Palmer Seconded: Cr Charlie Sheahan The information on Development Applications Approved in May 2020 be noted. Carried |
8.4.4 Adoption of Rural Lands Strategy |
Resolution 193/2020 Moved: Cr Charlie Sheahan Seconded: Cr David Graham The Rural Lands Strategy, attached to the report, be adopted as exhibited. Carried |
8.5 Regulatory Services
Nil
8.6 Assets
8.6.1 Cootamundra-Gundagai Regional Council Plant And Fleet Replacement Program |
Resolution 194/2020 Moved: Cr David Graham Seconded: Cr Doug Phillips 1. The Plant And Fleet Replacement Program, attached to the report, be adopted. 2. A ten year Strategic Plan detailing the projected balance of funds in the plant reserve, incorporating the Plant and Fleet Replacement Program, be developed as part of a report to be prepared and submitted for consideration at the Ordinary Meeting to be held Tuesday, 28th July, 2020 . Carried |
8.7 Civil Works
8.7.1 Aerodrome Charges |
Resolution 195/2020 Moved: Cr Penny Nicholson Seconded: Cr Leigh Bowden 1. Council endorse a trial of the Avdata Airport Billing Service to ascertain the value of landing fees at the Cootamundra Aerodrome. 2. A further report be prepared and submitted detailing the results of the Avdata Airport Billing Service at the end of the trial period for the consideration of Council. 3. A consultation process on the development of annual fees for use of the aerodrome be undertaken with aerodrome users. Carried |
8.7.2 Civil Works and Technical Services Report - June 2020 |
Note: Cr Graham requested that the staff involved in work recently undertaken on the stormwater in Gundagai be commended for their excellent work. |
Resolution 196/2020 Moved: Cr Craig Stewart Seconded: Cr Doug Phillips The Civil Works and Technical Services Report for the month of June, 2020 be received. Carried |
8.8 Technical Services
Nil
8.9 Facilities
Nil
8.10 Waste, Parks and Recreation
8.10.1 Operation of the Cootamundra Materials Recovery Facility and Wallendbeen and Stockinbingal Landfills Contract |
Resolution 197/2020 Moved: Cr Leigh Bowden Seconded: Cr Doug Phillips The Contract, attached to the report, for the Operation of the Materials Recovery Facility and Wallendbeen and Stockinbingal Landfills be endorsed. Carried |
9 Motion of which Notice has been Given
9.1 Notice of Motion - Cr Leigh Bowden - Leave of Absence |
Resolution 198/2020 Moved: Cr Leigh Bowden Seconded: Cr Doug Phillips That Council grant a leave of absence to Councillor Bowden for the Ordinary Meeting to be held 28th July, 2020. Carried |
9.2 Notice of Motion - Identification of Local Arts and Cultural Groups in the Local Government Area |
Resolution 199/2020 Moved: Cr Leigh Bowden Seconded: Cr Charlie Sheahan That Council undertake research to identify the arts and cultural groups which exist in our LGA with a view to building and sustaining partnerships with them, supporting their activities and helping them to secure funding for cultural and arts development in the local government area. Carried |
10 Questions with Notice
10.1 Questions With Notice |
Resolution 200/2020 Moved: Cr Gil Kelly Seconded: Cr Craig Stewart The Questions with Notice from Councillors and related responses from Council officers be noted. Carried |
11 Confidential Items
Nil
The Meeting closed at 8:53 PM.
The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 28 July 2020.
................................................... ...................................................
CHAIRPERSON GENERAL MANAGER
28 July 2020 |
DOCUMENT NUMBER |
329789 |
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
REPORTING OFFICER |
Marianne McInerney, Personal Assistant to the General Manager |
Nil |
To keep Councillors and the community aware of my engagements on behalf of Council I intend to provide regular updates through my Mayoral Minutes.
The information in the Mayoral Minute be received and noted. |
30th June, 2020
Cr Dennis Palmer (Deputy Mayor), Cr’s Bowden, Graham, Kelly, Nicholson, Phillips, Sheahan and Stewart, and I attended a Councillor Workshop with Phillip McMurray (General Manager) and senior Council staff.
1st July, 2020
Cr Palmer (Deputy Mayor) and Cr Stewart attended a presentation by Member for Cootamundra, Steph Cooke, MP for funding of $153,203 for pavilion upgrades at the Cootamundra Showground.
In my stead, Cr Dennis Palmer (Deputy Mayor), Cr’s Bowden and Sheahan attended the Cootamundra Development Corporation’s ‘Celebrate Coota’ launch held at the Cootamundra Country Club. Member for Riverina, Steph Cooke, MP was the guest speaker of the evening.
2nd July, 2020
Cr Bowden attended a Cootamundra Tourism Action Group s355 Committee Meeting.
7th July, 2020
Cr Nicholson, Phillip McMurray (General Manager) and I met with Member for Cootamundra, Steph Cooke, MP, Members of the Historic Bridges committee, representatives from Transport for NSW and the Department of Crown Lands to discuss the Prince Alfred Bridge and Gundagai rail viaduct sites.
I attended the unveiling of a Mural of unique Aboriginal artwork, created by Gundagai High School students depicting community and unity, at the Gundagai Police Station with Member for Cootamundra, Steph Cooke, MP.
9th July, 2020
Cr Bowden attended a Cootamundra Development Corporation Board Meeting.
14th July, 2020
Cr Dennis Palmer (Deputy Mayor), Cr’s Bowden, Graham, Nicholson, Sheahan and I attended a Councillor Workshop with Phillip McMurray (General Manager) and senior Council staff.
16th July, 2020
Cr Dennis Palmer (Deputy Mayor), Cr Kelly and I met with Member for Cootamundra, Steph Cooke, who presented a cheque to Cootamundra-Gundagai Regional Council for the sum of $4,073,926.00 to be spent on local roads.
Cr Bowden attended a Cootamundra Creative Arts and Cultural Centre s355 Committee Annual General Meeting.
Cr Kelly and I inspected works being undertaken at the Cootamundra Ex-Servicemen’s and Citizens Memorial Club.
21st July, 2020
Cr Bowden attended an Eastern Riverina Arts Extraordinary Board and Advisory Committee Meeting via Zoom.
23rd July, 2020
Cr Bowden attended an Ellwood’s Hall s355 Committee Annual General Meeting.
28 July 2020 |
Nil
28 July 2020 |
DOCUMENT NUMBER |
330652 |
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REPORTING OFFICER |
Greg Briscoe-Hough, Relief Governance Officer |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
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FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
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LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
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POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
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1. CGRC Recreation Needs Study Final 200707 ⇩ |
1. The Cootamundra-Gundagai Regional Council Recreation Needs Study Final Report, attached to the report, be received and noted. 2. The Cootamundra-Gundagai Regional Council Recreation Needs Study Final Report be used in the consideration of future related budget and grant opportunities in implementing aspects of the study recommendations as required.
|
Introduction
Council received funding from the NSW Office of Local Government to prepare a Recreation Needs Study for the Cootamundra-Gundagai Regional Council (CGRC) Local Government Area.
Discussion
Tredwell Management Services was engaged to prepare a Recreation Needs Study for the Cootamundra-Gundagai region in 2019, with extensive consultation taking place in the second half of 2019.
The resulting Draft CGRC Recreation Needs Study was placed on Public Exhibition in March, 2020. A further two submissions were received, and the consultant addressed these issues in the Final Report.
28 July 2020 |
DOCUMENT NUMBER |
330484 |
||||
REPORTING OFFICER |
Greg Briscoe-Hough, Relief Governance Officer |
||||
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
||||
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
||||
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
||||
LEGISLATIVE IMPLICATIONS |
The adoption of the policy will assist in legislative compliance. |
||||
POLICY IMPLICATIONS |
Adoption of the attached Draft Workplace Surveillance Policy. |
||||
1. Draft Workplace Surveillance Policy ⇩ 2. Draft Use of Body Worn Video Cameras Procedure ⇩ |
1. The Report on the Draft Workplace Surveillance Policy and Draft Use of Body Worn Video Camera Procedure be received and noted. 2. The Draft Workplace Surveillance Policy and Draft Use of Body Worn Video Camera Procedure, attached to the report, be adopted.
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Introduction
A Workplace Surveillance Policy was prepared and submitted to the Consultative Committee and General Manager, for consideration and subsequent approval in January, 2019.
More recently, a procedural response was developed for the introduction of body worn video cameras to be used by some Council staff.
Discussion
Councils across Australia are investing in body worn video cameras to assist in the safety of staff as they carry out their duties as part of Workplace Health and Safety legislated requirements.
Research has shown that should a Ranger or Law enforcement Officer be wearing a body worn camera the risk of assault, abuse and unsubstantiated complaints decreases dramatically.
Although there have been no physical assaults on Cootamundra-Gundagai Regional Council staff to date, some staff members (e.g. Rangers and Environmental Health Officers) receive verbal abuse on a regular basis in the course of undertaking their duties.
As detailed in the Draft Use of Body Worn Video Camera Procedure, attached to the report, the body worn video cameras will not be switched on at all times. The video cameras are only for use where a staff member fears for their safety or in any event that may assist in their protection whilst performing their daily duties.
Rangers and Environmental Health Officers are the only staff, at this stage and in the foreseeable future, to be issued with the cameras which will be utilised only as required. The processes detailed in the documents attached to the report will be reviewed with staff regularly to ensure the optimum process is for the use of the body worn cameras is achieved.
28 July 2020 |
DOCUMENT NUMBER |
329421 |
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REPORTING OFFICER |
Greg Briscoe-Hough, Relief Governance Officer |
|||
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|||
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
POLICY IMPLICATIONS |
Amendment to the Related Party Disclosure |
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1. Related Party Disclosure Policy ⇩ |
1. Council’s Related Party Disclosure Policy be amended to delete Section Managers and the Public Officer from the list of Key Management Personnel. 2. Council continue negotiations with Riverina Eastern Regional Organisation of Council regarding software and training for Legislative policy and register reporting frameworks and initiate more formal discussions with the Office of Local Government and the Audit Office to address administrative and cost burdens associated with best practice responses. |
Introduction
The Audit Office of NSW has identified a number of areas for Council to review so as to better align existing policies, procedures and practices with regulatory requirements and to improve and embed transparent procedures without unnecessary administrative burdens.
Discussion
A. Related Party Disclosure Policy
Council in preparing its General Purpose Financial Statements does so in accordance with Australian Accounting Standards, and in relation to this policy, AASB 124 Related Party Disclosures (July 2015.)
The Audit Office noted that our historical reporting practice and the requirements of AASB 124 do not require the extensive list of Key Management Personnel (KMP) - those having authority and responsibility for planning, directing and controlling the activities of Council – listed in the existing policy.
Specifically, the KMP’s of Council currently listed, and that are recommended to be kept, are the:
(a) Mayor;
(b) Councillors;
(c) General Manager; and
(d) Deputy General Manager
The Audit Office, and Standard, do not require the following to be retained in the Council Policy:
(e) Section Managers;
(f) Public Officer
As such, it is recommended that Council’s Related Party Disclosure Policy be amended to delete clauses (e) Section Managers and (f) Public Officer, from the list of Key Management Personnel.
B. Legislative Compliance Framework
This is a second flagging by the Audit Office for Council to develop both a legislative compliance policy and register. Council advised the Audit Office that a module to supplement existing reporting software was awaiting implementation. This requires staff training at a cost of c. $7500.00.
The list of ‘opportunities to strengthen Council’s legislative framework in line with best practice’ is exhaustive, and if fully embraced, effectively a staff position in and of itself and one requiring significant resourcing.
The Office of Local Government has advised that it, and perhaps the Audit Office as well, is unaware of the myriad Acts and regulations applicable to Local Government, and the last significant compilation was undertaken in 2013 by the Independent Pricing and Regulatory Authority (IPART) which identified:
“that councils have 121 regulatory functions, involving 309 separate regulatory roles, emanating from 67 State Acts, which are administered by approximately 31 State agencies”
In their recommendation, the Audit Office identifies the risks as:
· reduces accountability for complying with key legislative requirements.
· increases the Council’s risk of breaching key legislative requirements.
· Non-compliance may attract penalties and/or result in significant reputation damage.
The administrative costs of properly preparing and maintaining a register, as well as the recommended ongoing monitoring, would only be realistically beneficial to a single Council if there were notable and/or numerous systemic issues.
As noted above, whilst Council has access to a software package - and this is also under consideration by other Councils in the Riverina Eastern Regional Organisation of Councils (REROC) – in addition to licensing and training costs, there is a significant set up cost in terms of staff resourcing. It is most unlikely that Council will have any additional resources in the short or long for such a lofty goal.
Whilst the adoption of a ‘model’ policy by Council could be immediately achieved to assuage the Audit Office, Council’s own Governance position should be to develop the appropriate REROC response that may see a shared development of a software and associated local training and implementation procedure to this and other audit and risk measures initiatives.
28 July 2020 |
DOCUMENT NUMBER |
330771 |
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REPORTING OFFICER |
Greg Briscoe-Hough, Relief Governance Officer |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
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FINANCIAL IMPLICATIONS |
Funds required for requested signage. |
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LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
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POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
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1. Cootamundra Tourism Action Group s355 Committee Meeting - 2 July 2020 - Minutes ⇩ |
1. The Minutes of the Cootamundra Tourism Action Group Section 355 Committee held 2 July 2020, attached to the report, be received and noted. 2. Council consider the recommendations contained within the report.
|
Introduction
The Minutes of Cootamundra Tourism Action Group Section 355 Committee held 2nd July, 2020, attached to the report, are submitted for the information of Council and the community.
There are two recommendations contained in the Minutes that require the consideration and adoption of Council.
28 July 2020 |
DOCUMENT NUMBER |
330847 |
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REPORTING OFFICER |
Greg Briscoe-Hough, Relief Governance Officer |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
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1. Cootamundra Youth Council Minutes ⇩ |
That Council receive and note the attached Minutes of the Cootamundra Youth Council meetings held 7 July 2020. |
Introduction
This report is to notify Council that an advisory committee has been established under the auspices of the Manager of Community and Culture’s staff.
Discussion
After preliminary meetings to establish a group of interested young adults from the Cootamundra district, a formal Annual General Meeting was held and executive has been established.
The AGM Minutes, prepared by the Members at the inaugural meeting, are attached for the information of Councillors, as are the Minutes of the subsequent ordinary meeting.
The Committee meets on Council property, at the invitation of Council staff and under staff supervision. As it does not exercise any formal functions of Council and is covered by similar coverage as the general public at any Council event.
Like most community interest groups, it requires no statutory status as a formal committee of Council as it controls no assets of Council, nor does it have any delegations to act for, or on behalf of, Council.
A similar Youth Committee at Gundagai has not met this year due to Covid-19 restrictions.
28 July 2020 |
DOCUMENT NUMBER |
331086 |
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REPORTING OFFICER |
Greg Briscoe-Hough, Relief Governance Officer |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
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1. TACC s355 Committee Reports_AGM_160720 ⇩ 2. TACC s355 Committee Minutess_AGM_160720 ⇩ |
The attached reports and minutes of the Annual General Meeting of The Arts Centre Cootamundra be received and noted.
|
Introduction
The Arts Centre Cootamundra (TACC) s355 Committee held its Annual General Meeting on 16th July, 2020.
Discussion
The management of the TACC has reverted solely to Council’s control with the former Incorporated Board and structure wound up and the transfer of the association’s finances to Council.
28 July 2020 |
DOCUMENT NUMBER |
331237 |
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REPORTING OFFICER |
Marianne McInerney, Personal Assistant to the General Manager |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
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LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
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POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
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1. Updated Council Meeting Action Report ⇩ |
The Updated Council Meeting Action Report be noted. |
28 July 2020 |
DOCUMENT NUMBER |
331273 |
|||
REPORTING OFFICER |
Marianne McInerney, Personal Assistant to the General Manager |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
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Nil |
Written submissions for the Open Forum received after the publishing of the July, 2020 Business Paper, if any, be received and read aloud. |
Introduction
Due to Covid-19 amendments were made to the Local Government Act, 1993 in relation to the requirements for holding monthly Council meetings. To ensure compliance with the Public Health Order, public forums will only be held in a manner that is consistent with the Public Health Order and the Australian Health Protection Principal Committee’s recommendations on indoor gatherings.
Discussion
At the time of publishing the Business Paper for the Ordinary Meeting to be held 28th July, 2020 no written submissions for the Open Forum had been received.
Written submissions by members of the community have been called for the Open Forum section of Council’s Ordinary Meetings. Any written submissions received in time shall be read aloud at the meeting and any action arising from those submissions will be provided to the correspondent in writing by the appropriate Council Officer.
28 July 2020 |
DOCUMENT NUMBER |
330391 |
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REPORTING OFFICER |
Marianne McInerney, Personal Assistant to the General Manager |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
FINANCIAL IMPLICATIONS |
There are no financial implications associated with this report. |
|||
LEGISLATIVE IMPLICATIONS |
There are no legislative implications associated with this report. |
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POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
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Nil |
This report is submitted for the information of Council. |
Introduction
At the Ordinary Meeting held 30th June, 2020 Council resolved (Min. no. 168/2020 item 8.2.1 2020/21 Rates and Annual Charges), to make representations to the Minster for Local Government, the Hon. Shelley Hancock, MP (the Minister) requesting Ministerial approval for Cootamundra-Gundagai Regional Council to implement an Ordinary Rate increase ‘glide path’ over three years so as to transition the rating increase and reduce the financial impact on the rate payers that were to receive significant increases to their land rates charges. This correspondence was emailed to the Minister’s office on 7th July, 2020.
Correspondence was also sent to Member for Cootamundra, Steph Cooke, MP requesting that she make representations in support of the ‘glide path’ to the Minister, on Council’s behalf. This correspondence was also sent on 7th July, 2020 and acknowledgement was received from Ms Cooke’s office on 8th July, 2020 advising that representations had been made directly to the Minister, on Council’s behalf, in support of the approval to implement the ‘glide path’.
At the time of writing this report no response had been received from the Minister’s office. It is anticipated that a response is imminent and should that correspondence be received prior to the Ordinary Meeting scheduled to be held on Tuesday, 28th July, 2020, a late report will be prepared and submitted for the consideration of Council with direct reference to the response from the Minister.
28 July 2020 |
DOCUMENT NUMBER |
329752 |
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REPORTING OFFICER |
Tim Swan, Manager Finance and Customer Service |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
FINANCIAL IMPLICATIONS |
Regular monitoring of Council’s finances will ensure that any issues are identified in a timely manner. |
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LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
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POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
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1. Finance Report May 2020 ⇩ |
The Monthly Finance Report for May 2020 be received and noted. |
Introduction
The Monthly Finance Report provides Councillors with an update on the current budget status.
Discussion
Overall expenditure remains on budget. Income is under budget, but invoices planned for June will ensure that the overall target is met.
28 July 2020 |
DOCUMENT NUMBER |
331085 |
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REPORTING OFFICER |
Tim Swan, Manager Finance and Customer Service |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
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FINANCIAL IMPLICATIONS |
Council’s investment income for June 2020 was $9,968.65, 59% under the budgeted figure of $24,564.00. |
|||
LEGISLATIVE IMPLICATIONS |
Council investments comply fully with Section 625 of the Local Government Act (NSW), 1993, Local Government (General) Regulation, 2005 paragraph 212 and Council’s Investment Policy. |
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POLICY IMPLICATIONS |
The Investment Policy was adopted on 31st July 2018 and is due for review on 31st July 2021. |
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1. June 2020 Investment Report ⇩ |
That the Investment Report for June 2020 be received and noted. |
Introduction
The monthly investment report provides an overview of Council’s investments, and their performance for the month.
Discussion
Investments for June 2020 have produced interest of $9,968.65, 59% below the adjusted budget. This reflects the state of interest rates, with the benchmark having fallen from 1.11% at the start of the financial year to its current level of 0.09%.
28 July 2020 |
DOCUMENT NUMBER |
331026 |
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REPORTING OFFICER |
Paul Woods, Executive Director - PMO |
|||
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||
1. Updated Monthly Major Projects Schedule ⇩ |
The Updated Monthly Major Projects Program Report, and Updated Monthly Major Projects Schedule attached to the report, be received and noted. |
Introduction
Council is currently managing 110 projects worth $53,030,487. This report provides a monthly update as at 30th June, 2020 to Councillors as to the progress of the projects. The attached schedule provides a brief update on the status of each of the projects.
Discussion
Project expenditure
The figures used for total expenditure include both actual invoices paid and orders raised in the system but not yet paid (committed expenditure). In some instances there can be a lag in time between the goods being ordered and being physically delivered on site. From a budget point of view it is important to include both actual and committed expenditure to assist with management of budgets.
28 July 2020 |
8.3.1 Gundagai Neighbourhood Centre Incorporated (Gundagai Cultural Group) Memorandum of Understanding with Council
DOCUMENT NUMBER |
331051 |
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REPORTING OFFICER |
Miriam Crane, Manager Community and Culture |
|||
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||
1. Draft MOU-Gundagai Cultural Group ⇩ |
The execution of the Memorandum of Understanding between Gundagai Neighbourhood Centre Incorporated (Gundagai Cultural Group) and Cootamundra-Gundagai Regional Council by the General Manager Report is submitted to Council for endorsement.
|
Introduction
In October, 2018 Mr Peter Beath on behalf of the members of the Cootamundra Aboriginal Working Party, wrote to Council regarding its consultation processes with the Aboriginal community. At the Ordinary Meeting held 30th October, 2018 Council resolved (Min. no. 215/2018):
It is recommended the CGRC take a proactive approach engaging with the existing community groups and organisations to look at the formation of a formal Aboriginal Advisory/Consultative Committee under section 355 of the local Government Act, 1993.
Discussion
Gundagai and Cootamundra are two separate communities and are part of two Local Aboriginal Lands Councils. As such separate groups exist in each town to deal with Aboriginal community concerns in Cootamundra being the Cootamundra Aboriginal Working Party and in Gundagai being the less formal Gundagai Cultural Group as a subcommittee of the Gundagai Neighbourhood Centre Incorporated. Rather than form a separate formal Aboriginal Advisory/Consultative Committee under section 355 of the local Government Act 1993 to deal with consultation across the new Local Government Area it is proposed that Council meet with the groups via their existing channels.
Please note that whilst a draft of the attached document has been sent to the Cootamundra Aboriginal Working Party for comment and formulation of their own MOU this process is still underway due to COVID 19 making it difficult for the group to meet.
It is proposed that an MOU with the Cootamundra Aboriginal Working Party be executed via a later separate report.
28 July 2020 |
8.4 Development, Building and Compliance
8.4.1 Request to Waive Payment of Contribution Fees for DA 2018/18 - Service Station, Yass Road, Cootamundra
DOCUMENT NUMBER |
330914 |
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REPORTING OFFICER |
Sharon Langman, Manager Development, Building and Compliance |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
FINANCIAL IMPLICATIONS |
The financial implications are detailed within the report. |
|||
LEGISLATIVE IMPLICATIONS |
The legislative implications are detailed in the report. |
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POLICY IMPLICATIONS |
There are policy implications associated with this report. |
|||
Nil |
The Report on a Request to Waive Payment of Contribution Fees For DA 201/18 – Service Station, Yass Road, Cootamundra is submitted for the consideration of Council. |
Introduction
Council has received a request to waive the contribution fees payable for development consent 2018/18 for a service station at Yass Road, Cootamundra. This request is further to that put before Council at the Ordinary Meeting held 11th December, 2018. The resolution at that meeting (Min. No 291/2018) in relation to the request was as follows:
The request from South West Fuels for the reduction of the Section 7.12 (former s94a) contribution as a condition of Development Consent 2018/18 be refused.
Discussion
Developer contributions have been in place in NSW for a number of decades now and provide a means for consent authorities to collect funds from developers to contribute to the provision of shared local infrastructure, facilities or services. Developer contributions augment Council infrastructure funds by taxing those who directly benefit from infrastructure improvement and is an equitable way of charging individuals who benefit from public investment in infrastructure. There are numerous mechanisms under planning legislation that allow the collect of contributions from developers, including the collection of funds calculated as a levy paid to Council as a percentage of the proposed cost of carrying out the development (Section 7.12, formerly Section 94A of the Environmental Planning and Assessment Act, 1979).
The Cootamundra-Gundagai Regional Council area is projected to experience urban and rural development in the future. New development is expected to be in terms of residential and commercial, industrial, rural and other non-residential development across the entire Local Government Area (LGA). Development will occur in the form of new development and alterations and additions to existing development. Development of the area is likely to result in an increase in the demand for, and therefore the provision of, public services and amenities that the Council traditionally provides (for example, parks and community services). Existing public services and amenities have been generally designed to accommodate the needs generated by the existing population. Future development of the area, and the populations that will use and occupy such development, will need to be sustained by a significant investment in the provision, extension and augmentation of infrastructure and services. It is appropriate that development make a reasonable contribution toward the cost of providing this infrastructure.
Council’s current Section 7.12 Development Consent Levy Contributions Plan 2018 commenced on 1 July 2018 and rescinded the “Cootamundra Development Contributions Plan for Other Developments” which commenced on 1st July, 2011. The Cootamundra Development Contributions Plan for Other Developments is the plan applicable to this development as it was the plan that was in place at the time the application was lodge. As it applies to this development, the plan requires a payment of 1% of the proposed cost of carrying out the development, being a payment of $44,000 based on the proposed cost of the development of $4.4million. The plan indicates that the timing of the payment of the contribution for a development application involving building work is prior to the release of the construction certificate. In this particular instance the construction certificate was released without compliance with this condition. The condition as imposed is as follows:
(12) GEN Condition – Section 7.12 Developer Contributions payment agreement.
As per agreed Section 7.12 “works in kind” contributions between the developer and the council. A total of $44,000 (1% of development cost) shall be paid to Council upon the commencement of the new Yass Road reconstruction works, to be used to contribute to the cost associated with such works.
Reason: So that the section 7.12 developer contributions are paid in accordance with the works in kind agreement and contributions policy.
It is believed that this condition was imposed as part of a negotiated agreement as referenced in the assessment report for the development application:
Council and the developer have agreed to enter into a contributions agreement as per council’s policy that will see the contributions paid go towards the cost of road and other infrastructure upgrade works that will help to serve the development and the precinct as a whole, given this will be to the benefit of the community as a while.
The estimated cost identified in the application was $4.4 million dollars with contribution of $44,000 to go into the council work order for the precinct upgrade works.
The report goes on to acknowledge that there will be financial impacts for Council; viz:
The development will have some significant financial impacts on Council through the need to undertake significant road and service upgrades to the locality.
S7.12 Contributions towards this financial impact from the developer can be made through a works in kind agreement under the development contributions plan.
The above statements seem to suggest that the developer is required to pay the contribution, however rather than the money being put toward works outlined and prioritised in the Contributions Plan the money would be put towards road works required on Yass Road via a “works in kind agreement”. A search of Council’s records has not located any formal works in kind agreement.
The developer has made a submission to Council believing that they have contributed more “works in kind” than the payment due in accordance with the condition of consent, ie $44,000. The developer is arguing the following are “works in kind” and should be offset against the condition:
· Turf and irrigation on Council land at 60 Yass Road;
· Purchase, connection, servicing and fuel for a generator due to Council not providing power to the site;
· Fencing hire to exclude public access to the generator.
It is believed that in negotiating the location of this facility on Yass Road, the developer was advised that Council had committed to electricity and road upgrades at an onsite meeting. Council has paid for the electricity connection to the site with a 500kv transformer installed that was to also serve the needs of future potential development in this area with the indication being that a complementary fast food outlet would be the preferred development, thus justifying the need for increased power supply.
The developer believes that the development has achieved much for Cootamundra as well as many of the aims Council articulated to the developer when the proposal on this site was first put forward. These include:
Employment of an additional 7 people;
Fast food outlet;
Substantial truck facility (including food and shower facilities).
It is clear from the assessment report that Council considered the required road upgrades to be a significant financial cost to Council and that the developer should bear some of this cost. The condition does not make it entirely clear what the “works in kind” were to be, but is abundantly clear that despite the “negotiated works in kind agreement” the developer is to pay $44,000 which Council will put towards the upgrade works required on Yass Road rather than the items identified in the Contributions Plan.
Nonetheless the legal mechanism for the developer to not pay the $44,000 deemed to be owing, should Council support the request for non payment, is for Council to agree that the “works in kind” are acceptable to Council, to at least the value of $44,000, and they have been undertaken by the developer. In determining this Council needs to consider the purpose of collecting developer contributions as outlined in the first part of this report, ie to provide funds, augment or provide infrastructure and services to the benefit of the community. If Council forms the view that the developer has provided works in kind, then the works need to be given a dollar figure that can be used for reporting purposes in accordance with the requirements for reporting developer contributions collected, expended and unexpended.
28 July 2020 |
8.4.2 Development Application DA2018/094 MOD 1 - Resource Recovery Facility, Lot 1 Turners Lane, Cootamundra
DOCUMENT NUMBER |
331006 |
||||||
REPORTING OFFICER |
Sharon Langman, Manager Development, Building and Compliance |
||||||
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
||||||
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
||||||
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
||||||
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
||||||
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
||||||
1. DA 2018/094 - MOD 1 - DA Report ⇩ |
Council approve the following application for
modification of the existing approved resource recovery facility, subject to
the amended conditions below (new or amended conditions in red type and deletions · Application No: DA2019/094 MOD 1 · Property: Lot 1 DP12233224 Turners Lane COOTAMUNDRA NSW 2590 · Modification: To modify a number of physical and operational aspects of the approved resource recovery facility, including: building location and size, infrastructure location, storage and processing area locations, car parking number and location, first-flush stormwater catchment system, earthworks, waste stream (type and volume), processing methods, hours of operation and general operational matters to improve amenity.
CONDITIONS: GENERAL 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.
Reason: To confirm the details of the application as submitted by the applicant and as approved by Council. [as amended by DA2018/094 MOD1, approved 28th July 2020]
(2A) Inconsistencies between approved plans and documents
In the event of an inconsistency between the documents and/or plans referred to above, the latter documents and/or plans, shall prevail to the extent of the inconsistency.
Reason: To manage any inconsistencies between the approved plan and documents. [as amended by DA2018/094 MOD1, approved 28th July 2020]
(2B) Inconsistencies between approved plans / documents and conditions of consent
In the event of an inconsistency between the conditions of this consent and the documents and/or plans referred to above, then the conditions of this consent shall prevail to the extent of the inconsistency.
Reason: To manage any inconsistencies between the approved plan/documents and conditions of consent. [as amended by DA2018/094 MOD1, approved 28th July 2020]
(3) GEN Condition - Compliance with Legislation
Regardless of consent the applicant is still responsible for adhering to the requirements of State Legislation including (but not limited to) the Protection of Environment Operations Act and Dangerous Goods (Road and Rail Transport) Act.
Reason: This consent does not remove obligations imposed by State and Federal Legislation.
(4) 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.
(5) 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.
[as amended by DA2018/094 MOD1, approved 28th July 2020]
(7) GEN Non Standard Condition – Not Approval for Buildings
This development consent does not signify consent for structures and other builds on the site. Application for development consent is to be sought before the erection of buildings and other works requiring certification.
Reason: Compliance with Environmental Planning & Assessment Act 1979
(8) GEN Condition – Public Land Costs
Costs attributed to all work involved on public land shall be borne by the proponent.
Reason: Need for applicants to be reasonable for costs arising as a result of development work
(9) Parameters of the development
The maximum volume of waste that can be received at the premises in any 12-month period is limited to the following: - 5,500 tonnes of waste mattresses, - 1,100 tonnes of silage tarp, - 5,500 tonnes of waste electronic goods and whitegoods.
Reason: To identify the approved waste limits [as amended by DA2018/094 MOD1, approved 28th July 2020]
PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE
(1) PCC Condition - Section 94A Contributions.
At the time of submission of a Construction Certificate all owning monies as they relate to Section 94A contributions must be paid in full.
Section 94A contributions are calculated on the estimated cost of development as specified on the Development Application at time of lodgement and may be subject to change with the coming of a new financial year or revised estimated cost of development.
Reason: So that the Section 94A Developer Contributions are paid in accordance with Council’s Section 94A policy as adopted 2011.
(2) PCC Condition - Certificates in Relation to Energy Efficiency.
Prior to obtaining a Construction Certificate, the Applicant shall furnish Council with Certificates in relation to energy efficiency. In general terms, these certificates shall be provided by appropriately qualified persons and reference compliance of the particular element of construction with Part J of the Building Code of Australia. Certificates shall be provided for the following parts of construction: 1. Building Fabric 2. External Glazing 3. Air Movement 4. Air Conditioning and Ventilation Systems 5. Artificial Lighting and Power 6. Hot Water Supply 7. Access for Maintenance
Reason: To ensure the development meets the energy requirements of Section J of the Building Code of Australia.
[as amended by DA2018/094 MOD1, approved 28th July 2020]
(4) PCC Condition - Carpark Design.
Detailed car parking plan outlining car spacing's, vehicle
manoeuvring, exit/entrance points and location and provision for service
delivery vehicles in accordance with Australian Standard 2890 submitted for
Council approval providing for
Reason: To ensure that adequate and practical off-street parking and access to the development has been provided. [as amended by DA2018/094 MOD1, approved 28th July 2020]
(5) 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.
(6) PCC Condition - Onsite Sewerage Management System.
An application shall be lodged and approved by Cootamundra Shire Council under Section 68 of the Local Government Act for the installation of an onsite sewerage management system prior to the issue of a Construction Certificate. Details of the proposed system are to be included with the application detailing the tank capacity, type and location and size of effluent disposal area.
The proponent shall comply with all requirements tabled under any approval issued under section 68 of the Local Government Act.
Reason: To comply with the requirements of Section 68 of the Local Government Act.
(7) PCC Condition - Road Opening and Closing Permit.
If it is proposed to construct a vehicular crossing on the public footpath a road opening permit must be obtained from Council and an appropriate fee paid for Council to assess or to carry out the design and construction of such crossing. No excavation of, or construction on the public footpath is authorised to be carried out by others than Council except in accordance with (a) a design approved by Council and (b) the terms of an appropriate road opening permit.
Reason: To ensure that work carried out on public roads conforms to the requirements of Council, the responsible authority.
(8) PCC Condition - Trade Waste Device Required.
Any business or premises proposing to discharge a pollutant discharge greater than or differing from domestic usage is to submit to Council an application for a Trade Waste Licence. This application is to be approved by Council. This application is to be approved by Council prior to any discharge to sewer being commenced. A trade waste fee may be applicable in accordance with Council’s adopted Fees and Charges.
Reason: To comply with Council’s Trade Waste Policy
(9) PCC Condition - Driveway & Layback Installations.
The provision of adequate vehicle access,
An Application is to be lodged with Council along with appropriate current fee’s paid, for approval under Section 138 of the Roads Act 1993 prior to the issue of a Construction Certificate.
Twenty four (24) hours’ notice is to be given to Council’s Engineering Services group before placement of concrete to enable formwork to be inspected. Failure to do so may result in rejection of the works and a need for reconstruction.
Reason: To ensure that adequate vehicle access is achieved and maintained throughout the development [as amended by DA2018/094 MOD1, approved 28th July 2020]
(10) PCC Condition - Internal Road Design.
Provision of a detailed internal road design outlining car parking spacing’s, vehicle manoeuvring, site lines, exit/entrance points and location and provision for service vehicles in accordance with Australian Standard 2890 are to be submitted for Council approval prior to the issuing of a Construction Certificate. Entry and exit points to be clearly signposted.
Twenty four (24) hours’ notice is to be given to Council’s Works & Services group before placement of concrete to enable formwork to be inspected. Failure to do so may result in rejection of the works and a need for reconstruction.
Reason: To ensure that adequate vehicle access and internal movement is achieved and maintained throughout the development [as amended by DA2018/094 MOD1, approved 28th July 2020]
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
4. 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 – Public Safety – Hoardings.
A hoarding or fence must be erected between the building or site of the proposed building and the public place (street frontage). If necessary, an awning sufficient to prevent any substance from, or in connection with, the work, falling onto a public place is also to be erected. Such hoardings require separate approval by Council and must comply with the requirements of the WorkCover Authority.
The hoarding or fence is to be kept lit during the time between sunset and sunrise if the work may be a source of danger to persons using the public place.
The hoarding, fence or awning is to be removed when it is no longer required for the purposes for which it was provided. Restriction of public access to the building site shall restrict entry by members or equipment on the site when building work is in progress or the site is otherwise unoccupied.
Reason: To protect the general public.
(5) PCW Condition – Traffic Control Plan.
The applicant shall provide to Council, for approval, a Traffic Control Plan for those areas which involve work in the vicinity of the ***development***, to the Roads & Maritime Services Guidelines.
Reason: To ensure acceptable standards of safety for both vehicular and pedestrian traffic.
(6) 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.
(7) PCW Condition – Construction Safeguards.
Fire precautions during construction are to comply with PART E1.9 Building Code of Australia. Not less than one fire extinguisher to suit Class A, B and C fires and electrical fires must be provided at all times on each storey adjacent to each required exit.
Reason: To provide a minimum standard of fire safety during construction.
(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 Non Standard Condition – Essential Energy Infrastructure
No building works or land use may commence under and within the 20m easement of the existing Essential Energy infrastructure until Council has been provided with written consent to do so by Essential Energy or the infrastructure has been moved.
Reason: Ensure the ongoing use and service of essential infrastructure.
(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 Construction.
All work on the public footpath and roadway shall be carried out with due care and regard for the safety and convenience of the public including pedestrians, cyclists and motorists. Special regard shall be paid to caring for the needs of children, the disabled, the infirm and the elderly.
Reason: Preservation of the life, health and good will of members of the public.
(4) 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.
(5) 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.
(6) DUR Condition – Driveway and Layback.
The provision of an adequate vehicle access,
Twenty four (24) hours’ notice is to be given to Council's Works & Services group before placement of concrete to enable formwork to be inspected. Failure to do so may result in rejection of the works and a need for reconstruction.
Reason: To ensure appropriate vehicle access is provided to the development which does not adversely impact on pedestrian traffic or Council's public road infrastructure. [as amended by DA2018/094 MOD1, approved 28th July 2020]
(7) 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.
(8) 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.
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 that adequate time is given of required inspections.
(9) 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.
(10) DUR Condition – Storm Water.
Storm water is to be discharged: -
1. Clear of the building and septic tank disposal area 2. To diffusion pit a minimum 3m from any building and in such a position that it does not cause nuisance to neighbours 3. To the roadside gutter, taken through the kerb and the kerb is to be made good or, alternatively, linked to existing storm water drainage which discharges at the roadside gutter 4. To the roadside table drain. The end of the storm water pipe at the table drain shall be suitably protected to avoid damage to the end of the pipe 5. To the requirements of the BASIX Certificate, and any overflows to be without nuisance
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
(11) DUR Condition – Exit Doors.
In accordance with Clause D2.20 and Clause D2.21 of the Building Code of Australia, all exit doors must swing in the direction of egress. Exit doors must be readily openable without a key from the side that faces a person seeking egress, by a single handed downward action or pushing action on a single device which is located between 900mm and 1200mm from the floor.
Reason: To facilitate exit from the building.
(12) DUR Condition – Fire Hazard Index.
The early fire hazard indices of materials, linings and surface finishes must comply with specification C1.10 of the Building Code of Australia.
Reason: To suppress fire within places of public entertainment.
(13) DUR Condition – Disabled Fitouts.
All ramps, hand rails and ablution fitouts shall be installed in accordance with Australian Standard 1428.1-2009 “Design for Access and Mobility, Part 1: General Requirements for Access – Buildings”.
Reason: To provide access for disabled people.
(14) DUR Condition – Provide Suitable Access.
Access is to be constructed to Council specification and location. The access to be constructed and maintained at the owners cost such no soil erosion is caused.
Reason: To ensure that traffic movement generated by the development does not adversely affect the road system of the locality and that siltation of waterways is minimised.
(15) DUR Condition – Disabled Carparking.
Additional Disabled Carparking spaces shall be incorporated in the existing carpark facility and in a position, which is located as near as practical, adjacent to the premises entrance.
Reason: The legal obligations of an applicant to provide access/parking for disabled persons.
(16) DUR Condition – Dust Free Carpark.
Carpark area and access driveway shall be constructed to a dust free standard, and maintained in good, dust fee condition.
Reason: To ensure that no dust nuisance occurs.
(17) DUR Condition – Carpark Entry.
Entry and exit from the carpark is to be in a forward direction. Adequate turning space will be required to enable vehicles to leave the carpark in a forward direction.
Reason: To ensure acceptable standards of safety for both vehicular and pedestrian traffic.
(18) DUR Condition – New connection: Plumbing and Drainage Works.
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 associated inspections 48hrs before the first inspection. They also must submit a Certificate of Compliance (C.O.C) after the work has been completed and also 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.
(19) DUR Condition – Alterations: Plumbing and Drainage Works.
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 Certificate of Compliance (C.O.C) after the work has been completed and also 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 NSW Fair Trading and The Plumbing Code of Australia.
Reason: Statutory compliance.
(20) Retaining Walls.
Where retaining walls exceed 1 metre in height, the design of such retaining walls shall be provided to Council as certified by a practicing Structural Engineer.
Reason: To ensure the structural adequacy of the retaining wall. [as amended by DA2018/094 MOD1, approved 28th July 2020]
(21) First flush catchment system
Detailed design plans and calculations, demonstrating that the first flush catchment system will capture the first 15 mm of rainwater that falls on or passes though the potentially contaminated areas of the site, shall be submitted to Council within sixty (60) days of the date of the modification being determined
Reason: To ensure that the first flush catchment system is designed, located and constructed to capture potentially contaminated stormwater, so as not to pollute surface waters. [as amended by DA2018/094 MOD1, approved 28th July 2020]
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.
(3) POC Condition – Property Identification.
Street numbers of a size and type satisfactory to Council being affixed to the building or fence. Such numbers to be clearly visible from the street.
In rural areas, the number should be affixed near your property entrance at the fence line.
Reason: To ensure that the development is clearly identifiable and easily found by emergency, trade and other services.
[as amended by DA2018/094 MOD1, approved 28th July 2020]
(5) POC Condition – Landscaping, Fencing and Outdoor Structures.
All proposed landscaping, fencing and outdoor structures such as
water tanks
Changes to these items during construction may require the submission of amended plans and a Section 96 Application to modify the development consent.
Reason: So that the completed appearance and functionality of the development is maintained from that which was originally approved. [as amended by DA2018/094 MOD1, approved 28th July 2020]
(6) POC Condition – Driveway and Layback Crossings.
The applicant shall ensure that the provision of an adequate vehicle
access,
Reason: To ensure appropriate vehicle access is provided to the development which does not adversely impact on pedestrian traffic or Council's public road infrastructure. [as amended by DA2018/094 MOD1, approved 28th July 2020]
(7) Stabilisation of exposed surfaces
As soon as practical after all structures (cuts, batters, mounds) have been finished, exposed surfaces shall be stabilised (seeding, spraying or other suitable method).
Reason: To ensure that the integrity of the structures and surfaces are maintained and no erosion occurs. [as amended by DA2018/094 MOD1, approved 28th July 2020]
ONGOING USE
(1) USE Condition – Annual Certificate.
The owner of the building shall submit to Council an 'Annual Fire Safety Statement' (Form 1) by 1 July, each subsequent year after obtaining a 'Fire Safety Certificate' for the building from Council.
The 'Annual Fire Safety Statement' shall comply with the provisions set out in the Environmental Planning & Assessment Regulation 2000. Forms for this purpose can be collected from Council's offices.
Reason: To ensure that fire and other safety measures are maintained in a proper working condition.
(2) USE Condition – Discrimination Laws.
The applicant's attention is drawn to legislation regarding responsibility to provide an improved environment for disabled persons.
The Disability Discrimination Act (DDA) is commonwealth legislation that aims to increase the economic and social independence of people with a disability.
The DDA applies to discrimination against any person on the grounds of disability in the areas of: accommodation; education; access to premises; provision of goods; services and facilities; the activities of clubs or sports; and the request for information.
It should be noted that by the issuing of this consent the Council does not guarantee that all legislative requirements of the DDA or subsequent premises standards have been satisfied and that the owners/operators may still be subject to complaints being made under the DDA. It is advisable that the applicant should satisfy themselves with the requirements of the DDA and seek further professional advice if deemed necessary.
Reason: To clarify that the issuing of this development consent does not certify that the establishment or operation of the development satisfies all requirements of the Disability Discrimination Act.
(3) USE Condition – Establishment of Landscaping.
Proposed landscaping in accordance with the approved plans for tree planting shall be maintained to ensure a dense screen is established. Such plantings are to occur within six (6) months from the date of this approval.
Reason: To minimise visual impact and promote/enhance the rural character of the area and Council's concern that the amount of vegetation in the Shire should continue to increase to improve the climate and appearance.
(4) USE Condition – Hours of Operation.
The hours of operation of the development shall be limited to the following: (a) Processing of waste - 7:00 am and 6:00 pm Monday to Friday - 8:00 am to 1:00 pm Saturday - Nil on Sundays or Public Holidays.
(b) Ancillary activities including heavy vehicle arrival/departure and loading/unloading, light vehicle arrival/departure, office work, work within buildings using hand tools only, such as vehicle maintenance, and the like: - 7:00 am to 10:00 pm (Monday to Saturday) - 9:00 am to 6:00 pm (Sundays). - Nil on Public Holidays
Reason: So that the development does not reduce the amenity of the area. [as amended by DA2018/094 MOD1, approved 28th July 2020]
(5) 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.
(6) 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.
(7) USE Non Standard Condition –EPA General Terms of Approval
The construction and operation of the site must be done in accordance with the EPA General Terms of Approval which form a part of this consent (Notice No. 1570667).
Reason: Protection of the Environment Operations Act 1997
(7A) Amendment to Environment Protection Licence (EPL)
Prior to the modification being acted upon, the Applicant shall apply to the Environment Protection Authority for a variation to Environment Protection Licence No 21294, and the license variation shall be approved.
Reason: Requested by the EPA, and to ensure that the activities carried out on-site are consistent with the EPL. [as amended by DA2018/094 MOD1, approved 28th July 2020]
(8) USE Condition – Non Habitable Use.
The garage or shed is not to be used for residential occupation without prior consent of Council.
Reason: Health and safety prohibition.
(9) Storage and handling of dangerous goods
Dangerous goods, as defined by the Australian Dangerous Goods Code, must be stored and handled strictly in accordance with all relevant Australian Standards.
Reason: To minimise the risk associated with the storage and handling of dangerous goods. [as amended by DA2018/094 MOD1, approved 28th July 2020]
(10) Storage and handling of chemicals, fuels, oils, etc
The Applicant must store all chemicals, fuels and oils used on-site in accordance with: (a) all requirements of all relevant Australian Standards; and (b) within an impermeable and bunded area, with a capacity of 110% of the intended storage capacity.
Reason: To prevent the contamination of surface and groundwater. [as amended by DA2018/094 MOD1, approved 28th July 2020]
(11) Storage and handling of batteries
The Applicant must store all batteries in a secure, ventilated and roofed area on an impermeable surface, away from combustible or flammable items such as the tyres and mattresses, and shall be removed from site on a regular basis.
Reason: To prevent the contamination of surface and groundwater, and minimise the risk of an explosion or ignition. [as amended by DA2018/094 MOD1, approved 28th July 2020]
(12) Dust and airborne particle management
Activities occurring at the premises must be carried out in a manner that will minimise emissions of dust and airborne particles at the premises, and measures to be employed shall include the following, as a minimum: § limiting activities on windy days (more than 20 km/h), § actively using a water cart to dampen down trafficable and processing areas of the site.
Reason: So that the development does not reduce the amenity of the area. [as amended by DA2018/094 MOD1, approved 28th July 2020]
(13) Waste storage and disposal
All waste generated from the recycling activities on-site (i.e the by-products of the recycling process that cannot be reused), shall be stored in a bunded area with an impermeable surface, and shall be removed from the site and disposed of to a waste management facility lawfully permitted to accept the waste, on a regular basis.
Reason: So that the development does not reduce the amenity of the area, and to protect surface and groundwater. [as amended by DA2018/094 MOD1, approved 28th July 2020]
(14) Storage and stockpiles - combustible waste material
The storage and stockpiling of combustible waste material (excluding tyres) shall be carried out in accordance with Section 8.2 of Fire and Rescue NSW’s Fire safety guidelines – Fire safety in waste facilities, and stockpile limits shall be permanently marked to ensure limits are understood and adhered to.
Reason: To minimise the likelihood and severity of fire. [as amended by DA2018/094 MOD1, approved 28th July 2020]
(15) Stockpile movement - combustible waste material
Stockpiles of combustible waste material (excluding tyres) shall be rotated or managed to dissipate any generated heat and minimise risk of auto-ignition, in accordance with Section 8.3 of Fire and Rescue NSW’s Fire safety guidelines – Fire safety in waste facilities.
Reason: To minimise the likelihood of fire. [as amended by DA2018/094 MOD1, approved 28th July 2020]
16) External stockpiles - combustible waste material
The width and location of external stockpiles of combustible waste material (excluding tyres), shall be in accordance with Section 8.4 of Fire and Rescue NSW’s Fire safety guidelines – Fire safety in waste facilities.
Reason: To minimise the likelihood and severity of fire. [as amended by DA2018/094 MOD1, approved 28th July 2020]
(17) Operations plan
A copy of the proposed operations plan, prepared in accordance with Section 8.6 of Fire and Rescue NSW’s Fire safety guidelines – Fire safety in waste facilities, shall be submitted to Council, within sixty (60) days of the date of the modification being determined.
Reason: To clearly document the procedures related to the daily operations of the facility. [as amended by DA2018/094 MOD1, approved 28th July 2020]
(18) Emergency plan
A copy of the proposed emergency plan, prepared in accordance with Section 9.3 of Fire and Rescue NSW’s Fire safety guidelines – Fire safety in waste facilities, shall be submitted to Council, within sixty (60) days of the date of the modification being determined.
Reason: To clearly document the procedures relating emergencies on site. [as amended by DA2018/094 MOD1, approved 28th July 2020]
(19) Emergency services information package (ESIP)
A copy of the proposed ESIP shall be submitted to Fire and Rescue NSW, within sixty (60) days of the date of the modification being determined.
Reason: To ensure those people responding to a fire or emergency on-site, have all relevant information. [as amended by DA2018/094 MOD1, approved 28th July 2020] |
Introduction
This report assesses an application to modify the existing approved resource recovery facility, currently operating at Lot 1 DP 1223224, Turners Lane, Cootamundra (DA2018/094 MOD1), which was originally approved by Council at the Ordinary Meeting of Council held (Min. no. 056/2019) February, 2019.
The application was duly notified, and one (1) submissions was received, and the key issues raised included impact on property values, noise, dust, lights and hours of operation.
The assessment of the application has considered all relevant matters under Section 4.15 and 4.55 of the Environmental Planning and Assessment Act 1979 (the Act), the objects of the Act and the comments from the Environment Protection Authority. The assessment concludes that the modification could be approved, with minimal impact. See development assessment report (Attachment 1).
A number of changes to the existing conditions plus the imposition of additional conditions have been recommended, to ensure that the commitments made by the Applicant are reinforced and implemented.
With the implementation of the recommended conditions, it is considered that the impacts of the development can be appropriately managed and/or mitigated. Consequently, it is considered that the development meets all relevant environmental and amenity criteria and that the development is in the public interest and is recommended for approval, subject to conditions.
Discussion
The application proposes to modify a number of physical and operational aspects of the approved development, including: building location and size, infrastructure location, storage and processing area locations, car parking number and location, first-flush stormwater catchment system, earthworks, waste stream (type and volume), processing methods, hours of operation and general operational matters to improve amenity.
The Applicant is presently operating a resource recovery facility at the property, which was approved by full Council at the Ordinary Meeting (Min. No. 056/2019) held 26th February, 2019.
Whilst the use of the site as a resource recovery facility is approved, elements of the current operation on-site are not consistent with the development consent issued. For example, dismantling of mattresses is being undertaken outside using a shredder instead of in a shed using hand tools, works are being undertaken outside of the areas originally nominated on the site plan, additional earthworks have been undertaken, the catchment dams have changed in location and design, an office/ amenities building has been placed on-site along with shipping containers without consent, there are no approved amenities on-site, etc.
There are also some inconsistencies between the consent and the Environmental Protection Licence (EPL) issued by the Environmental Protection Authority (EPA), relating to hours of operation.
Furthermore, the Applicant wishes to change several operational aspects of the approved development, such as the waste stream, processing methods, building layout and number, etc.
Accordingly, this modification application has been lodged so that the consent aligns with how the site presently operates, and proposes to operate in the future, and to have a greater level of consistency with the EPL. A full assessment of the modification application is contained in the attached assessment report.
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DEVELOPMENT REFERENCE:
DA2018/094 MOD 1
DEVELOPMENT ADDRESS:
Turners Lane, COOTAMUNDRA, NSW, 2590
DEVELOPMENT LOT / SEC / PLAN:
Lot 1 DP 1223224
OWNER(S):
Cootamundra-Gundagai Regional Council
APPLICANT:
J L W Services Pty Ltd
APPLICANT ADDRESS:
154 Peisley Street
ORANGE NSW 2800
ORIGINAL / APPROVED DEVELOPMENT (PREVIOUS DEVELOPMENT PROPOSALS AND DECISIONS):
DA2018/094 – Resource recovery facility
Approved subject to conditions – 26th February 2019 Council Meeting.
The development was approved as a resource recovery facility, receiving waste tyres, waste mattresses and waste electronic goods and whitegoods, for short term storage, processing, and resource recovery and recycling, with a target of achieving 100% reuse. It proposed the erection of a number of sheds, substantial site and earthworks to create level processing and storage areas, and a stormwater management system.
PROPOSED MODIFICATION:
To modify a number of physical and operational aspects of the approved development, including: building location and size, infrastructure location, storage and processing area locations, car parking number and location, first-flush stormwater catchment system, earthworks, waste stream (type and volume), processing methods, hours of operation and general operational matters to improve amenity.
For further details on these modifications see below.
HISTORY OF THE PROPOSAL:
The Applicant is presently operating a resource recovery facility at the property, which was approved by full Council in February 2019.
Whilst the use of the site as a resource recovery facility is approved, elements of the current operation on-site are not consistent with the development consent issued. For example, dismantling of mattresses is being undertaken outside using a shredder instead of in a shed using hand tools, works are being undertaken outside of the areas originally nominated on the site plan, additional earthworks have been undertaken, the catchment dams have changed in location and design, an office/ amenities building has been placed on-site along with shipping containers without consent, there are no approved amenities on-site, etc.
There are also some inconsistencies between the consent and the Environmental Protection Licence (EPL) issued by the Environmental Protection Authority (EPA), relating to hours of operation.
Furthermore, the Applicant wishes to change several operational aspects of the approved development, such as the waste stream, processing methods, building layout and number, etc.
Accordingly, this modification application has been lodged so that the consent aligns with how the site presently operates, and proposes to operate in the future, and to have a greater level of consistency with the EPL.
There are also several inconsistencies and minor errors in the conditions of consent, that will be corrected during this process.
COMPARISON OF APPROVED DEVELOPMENT AND PROPOSED MODIFICATION:
The following table compares the approved development and the proposed modification, and the physical changes to the site also visually represented on the two (2) subsequent plans, showing the approved site plan and the proposed site plan.
Table 1: Summary of approved development and proposed changes
APPROVED |
MODIFICATION |
Changes |
Use |
||
Resource recovery facility |
Resource recovery facility |
Nil |
Site and building works |
||
Office / amenities building § 12 m x 9 m § 10 m off northern boundary § 94 m off western boundary |
Office / amenities building § 14.6 m x 10.2 m § 5 m off northern boundary § 57 m off western boundary |
§ Increase size of building – from 108 m2 to 149 m2 § relocate building closer to the northern (front boundary) and western boundary |
Car parking area for 30 vehicles § north-western section of the site |
Car parking area for 23 or 30 vehicles § north-western section of the site |
Generally in the same location.
New site plan and SEE state 30 spaces will be provided, but the site plan only shows 23 spaces. |
3 x rainwater tanks § north-western section of the site § 50 m off the western boundary |
3 x rainwater tanks § north-western section of the site § 15 m off the western boundary |
Tanks closer to the western boundary |
6 x tyre and mattress storage cages § north-western section of the site adjacent tyre and mattress processing sheds |
Tyre and mattress storage cages § now adjacent the various processing areas on site or overflow at front of site |
Location changed |
Erection of a tyre processing shed § 30 m x 20 m § 70 m off western boundary § 40 m off northern boundary |
Erection of a tyre processing shed § 48 m x 20 m § 8 m off western boundary § 5 m off northern boundary |
§ Increase size of shed – from 600 m2 to 960 m2 § relocate building closer to the northern (front boundary) and western boundary |
Erection of a mattress processing shed § 30 m x 20 m |
No mattress processing shed |
It is no longer proposed to erect a shed for the purpose of dismantling mattresses |
Container loading area § 85 m x 50 m |
No longer shown on plans |
No designated area, with use to occur at various locations across the site |
Earthmover storage and processing area § 3,300 m2 |
Scrap steel press and scrap steel area Shredded tyres area Car tyres to be shredded area § located centrally on property
Mattresses & tarps to be shredded area Shredded mattresses PEF area § located towards the southern part of the site
Scrap metal bale area § located adjacent the western boundary |
No large single multi-purpose processing area shown on site anymore, with processing and storage of materials to occur at various locations on the site (generally in the central part and adjacent the western boundary).
Whilst the scrap steel press (baler) was not shown on the original plan, this was part of the original approval and would have been located in the large processing area. |
Tyre cage storage area Mattress storage area Whitegoods and e-waste storage area § adjacent eastern boundary on northern part of the site |
Area reduced in size, moved slightly to the west, and use partly changed |
Smaller area in similar location, but no longer beneath power lines. Now used predominately for storage of empty cages, with full cages also temporarily stored when processing areas are full |
5 x truck parking bays § adjacent eastern boundary |
8 x truck parking bays § located towards front of property |
Increase in truck parking capacity, and relocated towards front of site |
Tyre processing / shredding area § 5,030 m2 § south-eastern corner of the property |
Tyre processing / shredding area § 2,324 m2 § south-eastern corner of the property |
Reduction in processing area |
3 x tyre storage areas § immediately south of tyre processing area |
Tyre storage areas § north-west of tyre processing area |
Storage area moved |
Stormwater catchment dams (first flush and secondary) § south-western corner of the site |
Stormwater catchment dams (first flush and secondary) § south-western part of the site |
Dams moved further north on the site |
Earthworks in south-eastern corner of the site § 6 metre battered cut into the side of the hill § provide suitable retaining wall |
Earthworks in south-eastern corner of the site § 6 metre battered cut into the side of the hill § provide suitable retaining wall Earthworks in central part of the site § 4 metre battered cut into the side of the hill with a block retaining wall Earthworks in north-east corner of the site § 3 metre battered cut into the side of the hill |
Additional site cut carried out in the central part of the site, along with a retaining wall.
Additional site cut in the north-east corner of the site. |
Earthen bund wall - south § adjacent the southern boundary of the site |
Earthen bund wall - south § adjacent the southern boundary of the site Earthen bund walls - west § adjacent the southern half of the western boundary of the site |
Nil change to southern earthen bund wall
Additional bund walls proposed part way along western boundary |
Landscaping § along the entire western boundary of the site, and part way along the southern, northern and eastern boundaries |
Landscaping § along the entire western boundary of the site, and part way along the southern, northern and eastern boundaries |
Nil |
|
Short-term scrap metal storage area § northern part of the site |
New designated area |
|
Weighbridge and weighbridge office § located in the north-east section of the property |
Installation of ancillary weighbridge and weighbridge office |
|
Empty cage storage § adjacent front boundary |
New designated storage area |
|
22,000 litre water tank Located in south-east corner of property |
Additional water tank |
Waste stream |
||
Tyres § storage – 50 tonnes unprocessed waste tyres § processing – 10 tonnes x 6 days a week § processing – 3,000 tonnes per year |
Same |
Nil |
Mattresses § processing – 1,100 tonnes per year |
Mattresses and silage tarpaulins § processing – 5,500 tonnes per year § processing - 1,100 tonnes of silage tarp |
To introduce 1,100 tonnes per year silage tarpaulins into the mattress waste stream, and increase the amount of mattresses processed by 4,400 tonnes per year (to 5,500 tonnes per year) |
E-waste and whitegoods § processing – 5,500 tonnes per year |
Same |
Nil |
Operational matters |
||
4 x buffing / lathing / crumbing machine and screening machines in tyre processing shed, and installation of air scrubbing / filtration system |
Same |
No change |
Dismantling of mattresses § in shed § using hand tools only |
Dismantling of mattresses § in the open § using the shredder |
Change in process and location for mattress processing |
Vehicle movements per day (single movement into or out of the property) § passenger vehicles - 60 per day § heavy vehicles (19 m) - 6.5 per day § heavy vehicle (12 m) - 6 per day § total - 72.5 per day |
Vehicle movements per day (single movement into or out of the property) § passenger vehicles - 40 per day § heavy vehicles (19 m) - 7 per day § heavy vehicle (12 m) - 10 per day § total - 57 per day |
§ Increase of 4.5 heavy vehicle movements per day, § decrease of 20 passenger vehicle movements per day, § overall decrease of 15.5 vehicle movements per day |
Hours
DA consent and original § 7:00 am to 8:00 pm (Monday to Saturday) § 9:00 am to 5:00 pm (Sun and public holidays)
EPA Environment Protection Licence (EPL) § Processing of waste - 7:00 am and 6:00 pm Monday to Friday - 8:00 am to 1:00 pm Saturday - Nil on Sundays or Public Holidays. § Activities that support waste processing such as loading, unloading, movement of waste, maintenance and administration activities - may occur outside the times detailed above.
NOTE: The original application nominated the following hours of operation: § 7:00 m to 8:00 pm (Monday to Saturday) - no shredding or use of machines after 5:00 pm § 9:00 am to 5:00 pm (Sundays) - minor internal activities only § No work on public holidays |
Hours
§ Processing of waste - 7:00 am and 6:00 pm Monday to Friday - 8:00 am to 1:00 pm Saturday - Nil on Sundays or Public Holidays.
§ Ancillary activities including heavy vehicle arrival/departure and loading/unloading, light vehicle arrival/departure, office work, work within buildings using hand tools only, such as vehicle maintenance and the like (no shredding) - 7:00 am to 10:00 pm (Mon to Saturday) - 9:00 am to 6:00 pm (Sundays). |
There will be an increase in operating hours, beyond those currently stipulated in the DA consent (which are what the Applicant originally applied for). This will bring them into greater (but not total) conformity with the hours in the EPL. The EPL allows activities, excluding processing waste, to occur 24 hour a day, 7 days a week, although the Applicant has not requested this, and this has not been assessed in this report.
The changes are: § Monday to Saturday - start time – nil change - finish time – change from 8:00 pm to 10:00 pm (for ancillary activities only, not waste processing) § Sunday - start time – nil change - finish time – change from 5:00 pm to 6:00 pm. § Public holidays - Nil § Limit the processing of waste to the following hours: - 7:00 am and 6:00 pm Monday to Friday - 8:00 am to 1:00 pm Saturday - Nil on Sundays or Public Holidays.
|
Employees § 30 employees |
Employees § 20 employees |
Loss of 10 employees |
Figure 1: Approved
site plan Figure
2: Proposed site plan
SITE:
The 5.971 ha property comprises a single rectangular-shaped lot (created in 2016 as part of a 4 lot subdivision – DA2016/50). The site is located on the southern side of Turners Lane, 3 km south-east of Cootamundra’s CBD, and 200 metres east of Gundagai Road.
The surrounding land is a mixture of rural-residential and industrial uses, as well as areas of undeveloped land. The land to the north across Turners Lane comprises Council’s waste disposal facility and sewerage treatment plant, whilst the land to the east and south is vacant industrial land. The land to the east is a parcel of rural land, which appears to have been used intermittently for grazing purposes over the years. Muttama Creek is located 500 metres to the west, and there are a number of dwellings dotted around the site, with the closest being 300 metres to the south.
The site falls generally east to west, although the landform has been significantly modified since consent was originally granted in 2019, due to the substantial earthworks carried out, in the form of cut and earth mounds. There is a catchment dam in the south-western part of the site, and there are a small number of trees on the southern part of the site. An office/amenities building has been placed on the northern part of the site without consent, but is not being used at this stage.
Figure 1 – Location plan (source SIX Maps)
Figure 2 – Aerial view of the locality - site highlighted yellow (source Google Earth 17.11.2019)
Figure 3 – Aerial view – site (source Google Earth – 17.11.2016)
Photo 1 – On site – view to the south
Photo 2 – On site – view to the east
Photo 3 – On site – view to the east / south-east
GENERAL REQUIREMENTS OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979:
1.3 Objects of Act
In determining a development application, the consent authority must consider whether the proposed development is consistent with the relevant objects of the Act, which are numerous and varied. It is considered that the following objects are most relevant to the merit assessment of this modification application:
(c) to promote the orderly and economic use and development of land – The site is being used as the zoning of the land intended, and the Applicant seeks to modify the development consent, to reflect the actual operations that are being carried out on site, having found the current practices allow for the better utilisation of the site, which achieve this objective.
(e) to protect the environment, including the conservation of threatened and other species of native animals and plants, ecological communities and their habitats – this assessment demonstrates that the modification will not have an adverse impact on the environment, subject to compliance with the requirements of the EPL and conditions of consent, and specifically will not have any impact on threatened species.
(g) to promote good design and amenity of the built environment – the modification will have a slightly lesser impact in terms of the built environment, with a reduction in the number of sheds proposed,
(h) to promote the proper construction and maintenance of buildings, including the protection of the health and safety of their occupants – the modification will not result in any changes to the conditions of consent that relate to the Building Code of Australia and will not impact the health and safety of the occupants,
(j) to provide increased opportunity for community participation in environmental planning and assessment - The application was exhibited in accordance with the relevant requirements (see Section 2.22 below), to provide public involvement and participation in the environmental planning and assessment of this application.
1.7 Application of Part 7 of Biodiversity Conservation Act 2016 and Part 7A of Fisheries Management Act 1994
These sections of the 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 test in each Act). As per these sections and tests, it is not considered that the modification 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 modification 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),
§ it does not involve the removal of trees (native or otherwise), and there is no native groundcover disturbance,
§ the site is devoid of the tree, shrub and grass species that are typical of the four (4) EECs known to occur across the whole of the CGRC LGA, and
§ the development is not a key threatening process.
§ all threatened species, endangered populations and endangered ecological communities known to occur in the area, or thought to be extinct in the area, are confined to the Murrumbidgee River or river system, and the development is remote from the River,
§ there is no declared critical habitat in the region,
§ the modification is not a key threatening process.
2.22 Mandatory community participation requirements
Part 1 (Mandatory community participation requirements) of Schedule 1 (Community participation requirements) of the Act, 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.
As the modification relates to integrated development, the relevant section that applies to this development is:
8A Application for development consent for nominated integrated development or threatened species development
(1) Minimum public exhibition period for an application for development consent for nominated integrated development or threatened species development—28 days.
The development was advertised for 28 days, with letters sent to neighbours, a notice placed in the local newspaper, and placed on Council’s website and Facebook page, as per the CGRC Community Participation Plan.
One submission was received strongly objecting to the modification, in particular to the proposed extension of hours, on the following grounds:
§ current operational hours have obtrusively and massively impacted their lifestyle, and an extension of these hours would cause further distress,
§ lights and noise from trucks, machines and other vehicles (reversing alarms and amber flashing lights) are seen and heard in their home,
§ noise from the shredder can be heard in their home and on the property from 7:00 am,
§ it would be impossible to control the dust, fibres and noise, from the shredding / crumbling of tyres and mattresses in the open,
§ there has been no attempt to comply with the approval, e.g site layout, dust suppression, noise control, stormwater run-off and operational hours,
§ property values have been impacted and will be further impacted with the changes,
§ during the past year several complaints have been made to Council/Councillors and the EPA, in respect of:
- noise,
- dust control,
- lack of run-off water management,
- lights and noise from vehicles from 5:00 am to after 10:00 pm,
- vehicles at night driving with no lights on,
- lack of concern with compliance,
§ in the initial DA tyre shredding was in a shed not an open air shredding site, and seek clarification on the indicative tire shredding location,
§ there is no reference to the location of the mattress shredding,
§ Council has taken an approach, that has not protected the rural lifestyle/infrastructure of the surrounding land - neighbour purchased their property in December 2009 for the quiet lifestyle close to town, and Council rezoned the subject land industrial,
§ a more appropriate site should be found if shredding/crumbling is to be in the open, as the site is unsuitable.
These issues will be addressed throughout this report.
4.5 Designation of consent authority
The development is not State or regionally significant development or infrastructure [as defined by SEPP (State and Regional Development) 2011], 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, and whilst the proposal is a designated development category (waste management facilities or works), it does not meet the following criteria that would make it designated:
(1) Waste management facilities or works that store, treat, purify or dispose of waste or sort, process, recycle, recover, use or reuse material from waste and—
(b) that sort, consolidate or temporarily store waste at transfer stations or materials recycling facilities for transfer to another site for final disposal, permanent storage, reprocessing, recycling, use or reuse and—
(iii) that have an intended handling capacity of more than 30,000 tonnes per year of waste such as glass, plastic, paper, wood, metal, rubber or building demolition material, or
(d) that are located—
(i) in or within 100 metres of a natural waterbody, wetland, coastal dune field or environmentally sensitive area, or
(ii) in an area of high watertable, highly permeable soils, acid sulphate, sodic or saline soils, or
(iii) within a drinking water catchment, or
(iv) within a catchment of an estuary where the entrance to the sea is intermittently open, or
(v) on a floodplain, or
(vi) within 500 metres of a residential zone or 250 metres of a dwelling not associated with the development and, in the opinion of the consent authority, having regard to topography and local meteorological conditions, are likely to significantly affect the amenity of the neighbourhood by reason of noise, visual impacts, air pollution (including odour, smoke, fumes or dust), vermin or traffic.