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Business Paper
Ordinary Council Meeting
Council Chambers, Gundagai
6:00PM, Tuesday 28th July, 2020
Administration Centres: 1300 459 689 |
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Business Paper
Ordinary Council Meeting
Council Chambers, Gundagai
6:00PM, Tuesday 28th July, 2020
Administration Centres: 1300 459 689 |
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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.
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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.
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28 July 2020 |
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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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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. 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 |
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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
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5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 26 May 2020 |
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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. |
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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 |
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5.2 Minutes of the Sports and Recreation Committee Meeting held on Tuesday 17 March 2020 |
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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. |
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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
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6.1 Mayoral Minute - Councillor Engagement |
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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
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8.1.1 Open Forum Submissions |
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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 |
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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 |
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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 |
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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. |
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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 |
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8.1.3 Fees for Mayor and Councillors |
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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 |
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8.1.4 Federal Government Funding - Local Road and Community Infrastructure Programme |
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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 |
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8.1.5 Australian Local Government Women's Association NSW Executive Meeting |
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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 |
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8.1.6 Procurement Guidelines for Officers and Local Preference Policy |
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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 |
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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 |
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8.1.8 Cootamundra Rugby Club Clubhouse Project |
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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. |
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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 |
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Note: At the resolution of this item Cr Graham returned to the meeting. |
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8.1.9 Review of Rates and Charges Financial Hardship Policy |
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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. |
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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 |
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8.1.10 Report and Minutes from Cootamundra Tourism Action Group s355 Committee |
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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 |
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8.1.11 Section 355 Committee update |
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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 |
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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 |
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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 |
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8.1.12 June 2020 Information Bulletin |
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Resolution 182/2020 Moved: Cr Penny Nicholson Seconded: Cr Craig Stewart The information and correspondence, attached to the report, be received.
Carried |
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8.1.13 Updated Council Meeting Action Report |
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Resolution 183/2020 Moved: Cr Dennis Palmer Seconded: Cr Gil Kelly The Updated Council Meeting Action Report be noted.
Carried |
8.2 Finance
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8.2.1 Internal Audit and Audit, Risk and Improvement Committee Report |
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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 |
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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 |
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8.2.3 Investment Report - May 2020 |
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Resolution 186/2020 Moved: Cr Penny Nicholson Seconded: Cr David Graham The Investment Report as at 31st May, 2020 be received and noted. Carried |
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8.2.4 Updated Monthly Major Projects Program |
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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
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8.3.1 Tourism Branding and Marketing Strategy |
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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 |
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8.3.2 Gundagai Tourism Action s355 Committee - Minutes |
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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
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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 |
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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 |
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8.4.3 Development Applications Approved May 2020 |
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Resolution 192/2020 Moved: Cr Dennis Palmer Seconded: Cr Charlie Sheahan The information on Development Applications Approved in May 2020 be noted. Carried |
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8.4.4 Adoption of Rural Lands Strategy |
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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
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8.6.1 Cootamundra-Gundagai Regional Council Plant And Fleet Replacement Program |
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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
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8.7.1 Aerodrome Charges |
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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 |
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8.7.2 Civil Works and Technical Services Report - June 2020 |
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Note: Cr Graham requested that the staff involved in work recently undertaken on the stormwater in Gundagai be commended for their excellent work. |
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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
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8.10.1 Operation of the Cootamundra Materials Recovery Facility and Wallendbeen and Stockinbingal Landfills Contract |
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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
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9.1 Notice of Motion - Cr Leigh Bowden - Leave of Absence |
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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 |
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9.2 Notice of Motion - Identification of Local Arts and Cultural Groups in the Local Government Area |
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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
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10.1 Questions With Notice |
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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.
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CHAIRPERSON GENERAL MANAGER
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28 July 2020 |
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DOCUMENT NUMBER |
329789 |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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REPORTING OFFICER |
Marianne McInerney, Personal Assistant to the General Manager |
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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.
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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.
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28 July 2020 |
Nil
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28 July 2020 |
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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 ⇩ |
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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.
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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.
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28 July 2020 |
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DOCUMENT NUMBER |
330484 |
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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 |
The adoption of the policy will assist in legislative compliance. |
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POLICY IMPLICATIONS |
Adoption of the attached Draft Workplace Surveillance Policy. |
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1. Draft Workplace Surveillance Policy ⇩ 2. Draft Use of Body Worn Video Cameras Procedure ⇩ |
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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.
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28 July 2020 |
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DOCUMENT NUMBER |
329421 |
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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 |
Amendment to the Related Party Disclosure |
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1. Related Party Disclosure Policy ⇩ |
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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.
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28 July 2020 |
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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 ⇩ |
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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.
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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.
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28 July 2020 |
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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 |
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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. Cootamundra Youth Council Minutes ⇩ |
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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.
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28 July 2020 |
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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 |
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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. TACC s355 Committee Reports_AGM_160720 ⇩ 2. TACC s355 Committee Minutess_AGM_160720 ⇩ |
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The attached reports and minutes of the Annual General Meeting of The Arts Centre Cootamundra be received and noted.
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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.
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28 July 2020 |
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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 |
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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. Updated Council Meeting Action Report ⇩ |
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The Updated Council Meeting Action Report be noted. |
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28 July 2020 |
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DOCUMENT NUMBER |
331273 |
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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 |
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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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Nil |
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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.
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28 July 2020 |
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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 |
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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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Nil |
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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.
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28 July 2020 |
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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 |
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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 ⇩ |
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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.
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28 July 2020 |
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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. |
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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 ⇩ |
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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%.
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28 July 2020 |
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DOCUMENT NUMBER |
331026 |
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REPORTING OFFICER |
Paul Woods, Executive Director - PMO |
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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. Updated Monthly Major Projects Schedule ⇩ |
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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.
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28 July 2020 |
8.3.1 Gundagai Neighbourhood Centre Incorporated (Gundagai Cultural Group) Memorandum of Understanding with Council
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DOCUMENT NUMBER |
331051 |
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REPORTING OFFICER |
Miriam Crane, Manager Community and Culture |
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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. Draft MOU-Gundagai Cultural Group ⇩ |
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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.
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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
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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 |
|
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FINANCIAL IMPLICATIONS |
The financial implications are detailed within the report. |
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LEGISLATIVE IMPLICATIONS |
The legislative implications are detailed in the report. |
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POLICY IMPLICATIONS |
There are policy implications associated with this report. |
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Nil |
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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.
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28 July 2020 |
8.4.2 Development Application DA2018/094 MOD 1 - Resource Recovery Facility, Lot 1 Turners Lane, Cootamundra
|
DOCUMENT NUMBER |
331006 |
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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 |
|
||||||
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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
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APPROVED |
MODIFICATION |
Changes |
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Use |
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Resource recovery facility |
Resource recovery facility |
Nil |
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Site and building works |
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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 |
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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. |
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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 |
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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 |
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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 |
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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 |
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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 |
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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. |
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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 |
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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 |
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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 |
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3 x tyre storage areas § immediately south of tyre processing area |
Tyre storage areas § north-west of tyre processing area |
Storage area moved |
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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 |
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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. |
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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 |
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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 |
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Short-term scrap metal storage area § northern part of the site |
New designated area |
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Weighbridge and weighbridge office § located in the north-east section of the property |
Installation of ancillary weighbridge and weighbridge office |
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Empty cage storage § adjacent front boundary |
New designated storage area |
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22,000 litre water tank Located in south-east corner of property |
Additional water tank |
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Waste stream |
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Tyres § storage – 50 tonnes unprocessed waste tyres § processing – 10 tonnes x 6 days a week § processing – 3,000 tonnes per year |
Same |
Nil |
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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) |
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E-waste and whitegoods § processing – 5,500 tonnes per year |
Same |
Nil |
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Operational matters |
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4 x buffing / lathing / crumbing machine and screening machines in tyre processing shed, and installation of air scrubbing / filtration system |
Same |
No change |
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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 |
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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 |
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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.
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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.
Neither the original application or the proposed modification exceed the volume criteria or the locational parameters, and accordingly it is not designated development
4.13 Consultation and concurrence
If required by an environmental planning instrument, this section requires Council to consult with or obtain the concurrence of the person. No consultation was required in this instance - see comments below relating to NSW Rural Fire Service (NSW RFS), Essential Energy, Roads and Maritime Services (RMS), but as the development is integrated development, the concurrence of the Environment Protection Authority, was sought and obtained (see further comments below).
4.14 Consultation and development consent—certain bush fire prone land
The land is not bushfire prone and the development is not for residential or rural residential purposes and is not for a special fire protection purpose. Therefore, no referral to the NSW RFS was required, and the provisions of Planning for Bush Fire Protection 2019, do not apply.
4.22 Concept development applications
The development is not a concept development (a development application that sets out concept proposals for the development of a site, and for which detailed proposals for the site or for separate parts of the site are to be the subject of a subsequent development application or applications).
4.33 Determination of Crown development applications
The development is not a Crown development (a development application made by or on behalf of the Crown).
4.36 Development that is State significant development
The development is not State significant development (of a size, type, value or with impacts deemed to be significant), as it is not identified in State Environmental Planning Policy (State and Regional Development) 2011.
4.46 Integrated development
The original development application and the proposed modification is integrated development, as both required the consent or an approval from another government agency. In this instance, it required the following approval from the Environment Protection Authority (EPA), which was granted and that subsequently needs to be modified, as a resulted of the proposed modification:
§ environment protection licence (EPL) to authorise carrying out of a scheduled activity at the premises, under Section 48 of the Protection of the Environment Operations Act 1997, being:
- Clause 41 of Schedule 1 - Waste processing (non-thermal treatment) – waste tyres
- Clause 42 of Schedule 1 - Waste storage – waste tyres.
The modification was referred to the EPA, and the response received was as follows:
§ we have no objections to the proposed modification,
§ we are supportive of the earthen bund at the southern end of the premises which reduces impacts on the nearest sensitive receptor,
§ we recommend the proposed changes to waste streams and volumes are included as conditions of consent as follows:
- a maximum of 5,500 tonnes of waste mattresses can be received at the premises in any 12-month period,
- a maximum of 1,100 tonnes of silage tarp can be received at the premises in any 12-month period.
§ should development consent be granted it will also be necessary for the applicant to apply for a variation to Environment Protection Licence No 21294 prior to any construction work and consistent with the modified development application,
§ given the circumstances leading to this modification we request Council require an independent audit of the approval within 12 months of granting consent by a suitably qualified expert (approved by Council) to ensure all commitments made in the application and all conditions of the development consent are implemented and in compliance.
The recommended conditions will be imposed on the modification, except for the recommendation to impose an audit condition, which the EPA have since indicated is not required, on the basis that it does not specifically relate to the modification application.
4.55 Modification of consents - generally
The applicant has lodged the proposed modification as a 4.55(1A), being a modification involving minimal environmental impact. This section of the Act provides that the consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:
(a) it is satisfied that the proposed modification is of minimal environmental impact, and
It is intended that this report will demonstrate that the modification is of minimal environmental impact.
(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and
In determining whether the modification will result in substantially the same development, the legislation requires Council to consider the proposed modification against the original consent and is not to take into account any previous modifications (of which there are none in this instance).
The summary of the proposed changes is detailed previously in this report, and whilst it appears that there are numerous changes, the NSW Land and Environment Court (NSWLEC), has considered the meaning of "substantially the same" numerous times with the main principles emerging from a range of cases are as follows:
§ the comparison between the original development and the modified development involves a consideration of quantitative and qualitative, elements of the proposal [Moto Projects (No 2) Pty Ltd v North Sydney Council],
§ the modification power is 'beneficial" and 'facultative", meaning, it is designed to assist the modification process rather than to act as an impediment to it … “it is to be construed and applied in a way that is favourable to those who seek to benefit from the provision” [North Sydney Council v Michael Standley & Associates Pty Limited ],
§ a proposal can only be regarded as a modification if it involves “alteration without radical transformation” [Sydney City Council v Ilenace Pty Ltd].
With this is mind, the use and activities on the site are substantially the same, as follows:
§ the use of the property as a resource recovery facility remains the same,
§ the type of waste stream is essentially the same, even with the introduction of silage tarps,
§ the hours of operation are not excessively different,
§ whilst there is a 45% increase in the volume of waste, it is still within the same limits as it pertains to the integrated development and designated development thresholds,
§ the number of buildings is reduced, but the GFA is similar, and they are still proposed to be erected on the northern part of the site,
§ the waste processing methods for the bulk of the waste (tyres, whitegoods and e-waste) are the same, with changes to how the mattresses are processed only, but with the same outcome,
§ the stormwater catchment system has been modified slightly, but is still in the same general location on-site,
§ traffic generation is similar, with an increase in heavy vehicle movements, but an overall reduction in traffic.
Considering all of the above factors, it is accepted that the proposal would not change the core elements of the development, in particular the nature of the use.
(c) it has notified the application in accordance with:
(i) the regulations, if the regulations so require, or
(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and
The modification was notified in accordance the EPA Regulations, as it pertains to integrated development as discussed above.
(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.
Council has considered the submission received, which is summarised in section 2.22 above, with comments provided as necessary, throughout this report.
(3) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15 (1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.
Following is the section 4.15 assessment of the proposed modification.
SECTION 4.15 CONSIDERATIONS UNDER THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979:
4.15(1)(a)(i) The provisions of any environmental planning instrument:
State Environmental Planning Policies (SEPPs) and deemed SEPP’s
The following SEPPs are relevant to the development.
SEPP No. 33 – Hazardous and Offensive Development
The planning assessment of the initial development application determined that the development was a “potentially hazardous development”, and that the application addressed the provisions of this SEPP. As per the Hazardous and Offensive Development Application Guidelines - Applying SEPP 33, if the proposed modification is potentially hazardous or potentially offensive in its own right, or if the proposed modifications are not potentially hazardous in themselves, but interact with the existing facility in such a way that cumulative hazards (or offence) from the existing facility may be significantly increased, the SEPP 33 applies to the modification.
It is not considered that the modification meets these tests, and therefore consideration of this clause is not required.
SEPP No. 55 – Remediation of Land
Clause 7(1) prescribes that a consent authority must not consent to the carrying out of any development on land, unless it has considered whether the land is contaminated. Council has no evidence to indicate that the land is a site of possible contamination, and no further investigation is warranted.
SEPP (Infrastructure) 2007
The sections of this policy that may be relevant to an assessment of this application are detailed as follows:
§ Clause 45 (Determination of development applications—other development) applied to the original development application, as it was in proximity to electricity infrastructure (e.g within 5 metres of an exposed overhead power line). As stated in the assessment report for the original development, the application was referred to Essential Energy, and as a result, a condition was imposed to the effect that no building works or use of land can occur within the easement, without the written consent of Essential Energy, or the power has been moved. As the modification does not change the requirement for this condition, no further referral to Essential Energy was considered necessary.
It should be noted that the Applicant has not complied with this condition, in that the power lines have not been moved, and no evidence that the consent of Essential Energy has been obtained to carry out the activities within the easement has been submitted to Council. This however, does not prevent Council from considering the modification, but becomes a separate compliance issue, that will be handled by Staff.
§ Clause 55 (Development adjacent to corridor) applies to developments adjacent to a gas pipeline corridor. This development is not adjacent the gas pipeline, which is located 4.5 km to the north-west;
§ Subdivision 2 (Development in or adjacent rail corridors), including Clauses 84, 85, 86 and 87 – these clauses do not apply to this development, and the closest rail corridor is the disused Cootamundra-Tumut Railway line, 1.5 km to the west;
§ Clause 101 (Development with frontage to classified road). The site does not have frontage to a classified road;
§ Clause 102 (Impact of road noise or vibration on non-road development), does not apply in this instance, as the activity is not identified in the SEPP;
§ Clause 103 (Excavation in or immediately adjacent to corridors), does not apply as the development will not result in an excavation adjacent a listed road;
§ Clause 104 and Schedule 3 (Traffic generating development), applied to the original development application as “waste or resource management facilities” are identified in Schedule 3. As stated in the assessment report for the original development, the development was referred to the Roads and Maritime services (now Transport for NSW), who advised that the intersection of Turners Lane and Gundagai Road is capable of dealing with additional traffic proposed as part of this development. As the modification results in an overall reduction in traffic, no further referral to Transport for NSW was considered necessary.
Local Environmental Plan (LEP)
The applicable LEP is the Cootamundra LEP 2013 (CLEP), and the relevant provisions of the LEP are discussed as follows.
1.2 Aims of Plan
The modification is not inconsistent with the aims of the LEP, which include:
(a) to ensure that local amenity is maintained and enhanced,
(b) to protect viable agricultural areas from conflicting land uses,
(c) to identify, protect, conserve and enhance areas of environmental and aesthetic significance,
(d) to encourage the ecologically sustainable use and management of natural resources,
(e) to identify and protect areas used for community and recreational activities,
(f) to identify and manage the heritage resources of Cootamundra.
The impacts of the development on the amenity of the local area has been discussed below in relation to a number of issues and, provided the operator of the facility complies with the stated commitments, the conditions of consent and the EPL, the impacts should be acceptable. The modification will not cause any conflict with any agricultural uses in the area, and given the location of the development, it will not impact negatively on natural resources or the environment.
1.4 Definitions
The approved development, subject of this modification application, is defined as a:
resource recovery facility which means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration.
A resource recovery facility is a subset of the broader parent term:
waste or resource management facility which means any of the following—
(a) a resource recovery facility,
(b) a waste disposal facility,
(c) a waste or resource transfer station,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Whilst the SEE for the modification foreshadows that some mattress waste may go to landfill, it is still considered that the development is predominantly a resource recovery facility.
1.6 Consent authority
The consent authority for the purposes of this Plan is the Council.
1.9A Suspension of covenants, agreements and instruments
There are no covenants, agreements, easements or restrictions on the property that affect this development.
2.1 Land use zones
The site is zoned IN3 Heavy Industrial. The original development, and subsequent modification, is permitted in the zone with consent.
2.3 Zone objectives
Under this clause Council must have regard to the objectives of the zone when determining an application. The proposed development, whilst not actively working towards every objective, is considered to be consistent with the following objectives of the IN3 Heavy Industrial zone:
§ to encourage employment opportunities – whilst the modification application indicates that employment opportunities have been reduced from 30 employees to 20 employees, it is still considered that the development is consistent with this aim,
§ to minimise any adverse effect of heavy industry on other land uses - the development has been located in an appropriate zone, adjacent other industries with similar impacts. Work practices and on-site works have been and will continue to be implemented, in order to minimise any potential conflicts, an issue that is discussed throughout this report;
The development is not inconsistent the remaining objectives of the zone, which are just not relevant to the proposal, as they are strategic in nature.
2.7 Demolition requires development consent
The original development did not involve demolition work, and the modification does not alter this situation.
5.10 Heritage conservation
There are no items of European heritage identified on either the State Heritage Register or in the LEP as being present on-site, and the site is not located in a Heritage Conservation Area (HCA).
6.1 Earthworks
There are additional earthworks identified in the modification, which includes an additional earthen bund wall partway along western boundary, a site cut and block retaining wall central of the site and a cut in the north-east corner of the site. These works have already been carried out on-site and are already partially revegetated.
These additional earthworks have resulted in changes to site drainage, but have had no detrimental effect on drainage patterns in the wider locality, as the run-off from these areas still drains to the same location as it did pre-development (being the south-west corner of the site), but is now intercepted by the first flush stormwater system (see further discussion on this issue elsewhere in this report).
Additional works are required on some of the cuts, batters and mounds, to ensure that the exposed surfaces are protected (seeded or otherwise stabilised), so that the stability of the soil is not impacted adversely. An additional condition of consent will be imposed, to this effect. General conditions relating to sedimentation and erosion control are already in place in the consent, and no changes to these are required.
The additional earthworks have not impacted adversely on the likely future use or redevelopment of the land, and in fact have made the site more usable for industrial purposes, with several level areas having been created. Furthermore, they have not impacted on the amenity of adjoining properties.
Additional conditions will be imposed relating to the block retaining walls.
6.2 Flood planning
The site is not affected by the flood mapping in the LEP, which is based on the 2001 Cootamundra Flood Study.
6.3 Terrestrial biodiversity
This clause applies to land that is identified as biodiversity land on the Terrestrial Biodiversity Map, but the site is not mapped as being affected, and accordingly this clause is not applicable.
6.4 Groundwater vulnerability
This clause applies to land that is identified as groundwater vulnerable on the Groundwater Vulnerability Map. This map identifies areas that have a susceptibility to groundwater contamination, or are likely to have high value for supply of water to town, stock and domestic, irrigation and commercial users, where contamination cannot be tolerated. It is not known how the mapped was derived, but appears that the mapped areas coincide with some locations that have a large number of bores.
The objective of this clause is to maintain the hydrological functions of key groundwater systems, and protect them from depletion and contamination, and before determining a development application for development on land to which this clause applies, the consent authority must consider these issues.
The whole of the site has been mapped as having vulnerable groundwater, and as a result of this, the original assessment report foreshadowed that:
§ the on-site bores would need to be monitored, and that a condition of consent would mandate the regular testing of the groundwater for contamination,
§ that all hazardous and corrosive materials will be stored appropriately to minimise risk, and conditions would impose this.
Neither of these requirements made it into the conditions of consent.
However, given the processes carried out on-site and the depth of groundwater in the area, it is considered unlikely that groundwater would be negatively impacted, and accordingly it is not considered that testing of groundwater is required, or what the parameters of testing should be. Furthermore, if there was a need for groundwater monitoring, the EPA would have identified it, and imposed relevant monitoring conditions in its EPL, which it did not. Accordingly, it is not proposed that this condition be imposed.
In terms of a condition relating to the proper storage of hazardous or corrosive materials, this does need to be imposed as originally intended, and it is related to both the original consent, as well as the increase in processing of waste on the site as a result of this modification. Possible hazardous or contaminating materials include batteries from the e-waste, which the original SEE identifies as containing cadmium, mercury and lead, as well as diesel/fuel spills, also identified in the original SEE. Accordingly, appropriate conditions will be imposed.
Finally, the original SEE indicates that the development does not rely on the use of bore water, and the modification does not change this, and therefore the development will not contribute to the depletion of groundwater supplies.
6.5 Riparian land and watercourses
This clause applies to land that is identified as a watercourse on the Watercourses Map, and to all land that is within 40 metres of the top of the bank of each watercourse on land identified as watercourse, on that map. The site is not mapped as being affected and is not within 40 metres of a mapped area, and accordingly this clause is not applicable.
6.6 Salinity
This clause applies to land identified as dryland salinity on the Natural Resources Land Map, but the site is not mapped as being affected, and accordingly this clause is not applicable.
6.7 Highly erodible soils
This clause applies to land identified as high soil erodibility on the Natural Resources Land Map, but the site is not mapped as being affected, and accordingly this clause is not applicable.
6.8 Airspace operations
This clause applies to developments that penetrate the Limitation or Operations Surface of the Cootamundra Airport, which neither the original development, or proposed modification does, and therefore this clause is not applicable.
6.9 Essential Services
This clause only applies to land that is zoned Zone RU4 Primary Production Small Lots, or
Zone R5 Large Lot Residential, and therefore does not apply in this instance.
4.15(1)(a)(ii) The provisions of any draft environmental planning instrument:
State Environmental Planning Policies (SEPPs)
There are no draft SEPP’s which relate to this development.
Local Environmental Plan (LEP)
There are no draft LEPs which apply to this land.
4.15(1)(a)(iii) The provisions of any development control plan:
Cootamundra Development Control Plan (DCP)
This DCP applies to the land, and the relevant provisions of the following performance criteria, with reference to the acceptable solutions in the DCP (where they exist) are discussed as follows, as it relates to the modification.
§ Chapter 1 General information - Section 1.7 (Notification of Development Applications), contains provisions that relate to the notification of applications, however, the provisions of the Community Participation Plan takes precedence over this section of the DCP (see comments above in Section 2.22).
§ Chapter 3 Business & Industrial Development
New car parks are sufficient in number and design to provide for the needs of new developments.
There is a minor inconsistency between statements on the amended site plan and in the SEE (stated as 30), and the number car parking spaces shown on the site plan (being 23). Regardless of this, with a reduction in the number of employees from 30 to 20, 23 car spaces is considered adequate. This required number will be reinforced as an amended condition of consent [Condition - (4) PCC Condition - Carpark Design].
Adequate space is provided on site to accommodate service and delivery vehicles in new development.
The modification shows on increase in heavy vehicle parking, and a change in location, which is considered acceptable, and meets the acceptable solution in the DCP. No change to existing conditions, or new conditions is required.
§ Chapter 5 Car parking and vehicle access
New car parks are sufficient in number and design to provide for the needs of new developments
There is no specific parking rate in the DCP for this type of development, but sufficient parking has been provided (see comments above), and parking is provided on-site.
Parking areas are designed to operate in a safe manner for drivers and pedestrians
All vehicles can enter and leave the site in a forward direction which existing conditions reinforce, and the parking spaces will be suitably designated, as shown on the plans.
Parking bays are readily accessible and provide adequate area for the turning and manoeuvring of vehicles
Conditions were imposed on the original consent, that addresses this issue in terms of design and standard of construction, and the modification does not require any changes to these conditions.
§ Chapter 6 Environmental Management
Infrastructure assets, including waste management facilities, do not impact adversely on the amenity of dwellings due to noise, odour and appearance
This issue is discussed in greater detail in the section below [4.15(1)(b)], as it relates to the modification.
4.15(1)(a)(iiia) Any planning agreement or draft planning agreement:
The developer has not entered into a planning agreement, nor has offered to enter into a draft planning agreement.
4.15(1)(a)(iv) Matters prescribed by the Regulations:
Council has considered the following matters as prescribed by Regulations:
Clause 92 (Additional matters for consideration): -
§ the application does not involve the demolition of a building,
§ the application is not for the carrying out of development on land that is subject to a subdivision order made under Schedule 7 to the Act,
§ the development is not located within the local government area of Coonamble, City of Dubbo, Gilgandra or Warrumbungle (to which the Dark Sky Planning Guideline applies),
§ the application does not pertain to a manor house or multi dwelling housing (terraces),
§ the development is not for the erection of a building for residential purposes on land in Penrith City Centre.
Clause 93 (Fire safety and other considerations)
§ the development is not for a change of building use for an existing building.
Clause 94 (Consent authority may require buildings to be upgraded)
§ the development does not involve the rebuilding, enlargement or extension of an existing building.
Clause 94A (Fire safety and other considerations - temporary structures)
§ the development is not for a temporary structure.
Clause 288 (Special provision relating to Sydney Opera House)
§ the development does not relate to the Sydney Opera House.
4.15(1)(b) The likely impacts of that development:
Context and Setting:
The proposed modification does not change the original assessment of this issue, which identified that the site was located in a heavy industrial zone of the Cootamundra industrial land precinct, which is approximately 2.5, from Parker Street (CBD). The surrounding land uses remain the same today as they did in February 2019 when the application was originally assessed, and include the Cootamundra waste disposal facility and sewerage treatment plant, as well as, vacant land used for agricultural purposes. There are also a number of houses in the area, with the closest being located 300 metres to the south.
Is not considered that the modification will significantly alter the character of the locality or the streetscape, as the activity remains largely the same and the physical changes are in keeping with what was originally approved on site. Furthermore, the modification will not adversely impact the scenic qualities and features of the landscape, given the fencing along Turners Lane, the setback to Gundagai Road and nearby dwelling houses, the earthen bund walls and the proposed landscaping.
The modification will not result in any additional loss of acoustic privacy (see discussion below), and whilst there may be some overshadowing of the property to the west, as result of the relocation of the proposed building, this impact is considered acceptable as the land is zoned industrial.
In terms of visual privacy, the issue of nuisance from lights (flashing lights and headlights) has been raised as an issue, which has been partly addressed by the partially constructed earthen bund wall along the southern boundary. When this wall is extended along the full length of this boundary as per the approved plan, and the landscaping is provided as per the approved plan, the issue with lights will be resolved.
Access, Transport and Traffic:
As identified above, the modification will result in an increase of 4.5 heavy vehicle movements per day and a decrease of 20 passenger vehicle movements per day, resulting in an overall decrease of 15.5 vehicle movements per day. These changes relate directly to the increased volume of the waste stream and a reduction in the number of employees.
The original assessment of this application identified that the development would increase traffic movements on Gundagai Road by 5.5%, which was considered acceptable by Council and RMS at the time. Even though there is an increase in heavy vehicle movements, approximately one additional movement every 2 hours during the day, overall there is a reduction in traffic.
The modification also proposes the installation of a weighbridge and weighbridge office, which is considered an appropriate addition, to ensure trucks are not overloaded when leaving the site, and to keep accurate records of the waste stream.
Accordingly, Staff had no concerns regarding the modification as it relates to traffic.
Furthermore the existing conditions of consent relating to the access are suitable, other than some minor housekeeping matters, where Council had inadvertently identified the incorrect street name in the conditions of consent and made reference to kerb and gutter that does not exist.
Public Domain:
The modification will not impact negatively in terms of such things as recreational opportunities, or the amount, location, design, use and management of public spaces.
However, Council did impose a condition [(6) GEN Condition – New Footpath Construction], that required a concrete footpath to be constructed along the entire frontage of the site, which seems unnecessary, given the nature of the business and its location (no foot traffic). After discussing this with the Applicant, it has been requested that the removal of this condition form part of the current modification application, which is supported.
Utilities:
Water
Reticulated water is not presently available to the site but is subject to a contractual arrangement between the Council and the Applicant, although at this stage there is no clear indication of if or when the water will be extended. However, the modification does not result in any changes to the proposed water supply to the development, which proposes to rely on rainwater tanks (existing and proposed). The modification does however, include an additional water tank in the south-east corner of the property, which has already been installed.
Sewer
Both the original SEE and development application assessment report were unclear as to whether or not Council’s reticulated sewerage system was to be connected to the site. Accordingly, conditions of consent referred to both the installation of an on-site wastewater management system, as well as the discharge of liquid trade waste, to sewer. Whilst it is appropriate that sewer should be connected to an industrial subdivision, it is unclear if or when this will occur, as the provision of sewer to this site is subject to contractual arrangements between Council and the Applicant. However, as the modification does not change the amount or type of effluent to be generated by the development, the existing conditions are satisfactory.
Power
The proposed modification does not change the power requirements of the development, and the issue relating to the electricity easement, has been discussed above.
Heritage:
The proposed modification does not change the original assessment of this issue, which identified that the proposed development will not impact any known or aboriginal sites, and that the site does not contain any local or state heritage items and is not in a heritage conservation area.
Other Land Resources:
The original assessment of this issue did not identify any concerns, and it is not expected that the modification will have any adverse effect on conserving and using valuable land resources such as productive agricultural land, mineral extractive resources or water supply catchments.
Water:
The issues of water supply and impact on groundwater, as it relates to the modification, has been discussed earlier in the report, and it has been determined that there is unlikely to be any additional impacts,
The submission received expressed concern about stormwater run-off. In terms of surface water the design and location of the first flush catchment system is proposed to be altered as per the modification, and also introduces a clean water diversion drain into the design, to divert clean stormwater from the property above. However, no engineering details have been supplied to demonstrate that it will capture all stormwater from the site, and that it is of sufficient capacity. Furthermore, the SEE that supports the modification contains some conflicting statements as to whether it is a single basin system (Page 5 of the SEE) or a two basin system (Page 8 of the SEE). Accordingly, conditions of consent are to be imposed on the modification, requesting this detail. This will ensure that all potentially contaminated stormwater is retained on-site and does not have an adverse impact on surface water and will address the concerns raised in the submissions.
Soil:
The issue of the modifications impact on the soil have been discussed earlier in this report in regards to sedimentation and erosion control and stabilisation of exposed surfaces. It is unlikely that the modification will have any impact on soil conservation in terms of - soil qualities or instability, management of soils, soil erosion and degradation, sedimentation and pollution of water bodies contamination, or acid sulphate soils, provided the existing and proposed conditions of consent are complied with.
Air and Microclimate:
Odour
Odour is generated from the scrubbing/crumbing of tyres, which is to be carried out in the proposed shed using a lathe and/or crumbing machine, which is fitted with an air scrubbing / filtration system. A fine water spray is also used cool the tyres while crumbing is occurring, to help with the odour. The proposed modification does not change this process, with the only difference being the location of the shed. Furthermore, an existing condition in the EPL, states that no offensive odours have been identified as being permitted to be emitted, and also states that it is an offence to emit an offensive odour. No adverse impact from odour is expected as a result of the modification.
Dust
The issue of dust, and fibres, has been raised in the submission that was received, concerned about the inability to control the dust from the tyre and mattress shredding that occurs in the open, also citing that dust has been an issue in the last twelve (12) months, from the operations on-site. With additional processes being carried on outside (specifically the mattress shredding), there is potential for additional airborne dust and fibres. The SEE that accompanies this modification application acknowledges that Council has received complaints regarding dust and proposes the following additional measures to further minimise the impacts:
§ ceasing or 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 to minimise dust generation,
§ install landscaping on the boundary as per the approved arrangement to limit off-site dust impacts.
These additional measures will assist in managing dust and airborne particles from the site, and these commitments will be imposed as conditions of consent.
Flora and Fauna:
This issue has been discussed above, and as no tree or native groundcover removal is proposed as part of the modification, it will not have any impact on critical habitats, threatened species or populations, ecological communities or any other protected species, or on native fauna or vegetation.
Waste:
The original SEE stated that the development has a target of achieving 100% reuse from the recycling activities, although the amended SEE notes that certain partnerships have fallen through (specifically the conversion of mattress waste to softfall). However, with the introduction of silage tarp into the processed mattress waste stream, it is stated that the waste could be sent to be mixed with other waste products to create a processed engineered fuel (PEF). The SEE states that if this market is not available, that waste (approximately 50% of the mattress and 100% of the silage tarps, based on estimate of the mattress components in the original SEE) will be sent to landfill. Conditions will be imposed, regarding the storage of this waste on the property, to ensure that it does not become a nuisance and is removed on a regular basis.
There is no change to other waste (from the office and the amenities) as a result of the modification.
Energy:
The modification will have minimal impact on the energy needs of the development.
Noise and Vibration
Noise has been raised in the submission received, citing existing noise impacts from the shredder, trucks and other vehicles/machinery, and stating that there is noise before 5:00 am and after 10:00 pm. Concern is also expressed relating to the increase/variation to the hours of operation, proposed as part of this modification, and the resultant increased impact from noise.
A noise study was prepared to support this modification, which involved the actual monitoring of noise from the site, whilst one (1) baler, one (1) shredder, one (1) shearer, one (1) truck and three (3) excavators, were operating on the site. This study demonstrated that the current operations on-site did not exceed the daytime (7:00 am to 6:00 pm) noise limit (of 40 dBA), with a noise level of 38 dBA measured at the closest affected receptor. This daytime noise period, is when the processing of waste is carried out, and the study did identify that even though certain activities are audible from time to time, it satisfies the noise standard.
However, the noise study did not specifically address the ancillary activities to be carried out on-site outside the above hours, essentially between 6:00 pm and 10:00 pm (Mon to Saturday), which includes 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 waste processing). Council sought additional information from the Applicant regarding this matter, who provided the following justification, as to why the evening noise limit would not be exceeded:
§ the evening period (6:00 pm to 10:00 pm), establishes a noise limit of 37 dBA,
§ at all sensitive receptors (dwellings), except the closest receptor, this criteria is achieved with all operational equipment running (1 baler, 1 shearer, 1 shredder, 1 truck moving and 3 excavators),
§ at the closest receptor, with all operational equipment running, the measured level was 38 dB(A), a marginal exceedance of 1 dB(A) over the evening project noise level,
§ as the proposed evening operations are limited to 1-2 truck and light vehicle movements, it is reasonably apparent that compliance with the evening criteria can be achieved (i.e., 1 truck only at any one time, no baler, shredder, shearer or excavator).
The SEE also addresses the issue of noise from reversing beepers, stating that the Applicant has committed to adopting the use of alternate methods of ensuring safety for users on the property in the context of reversing vehicles. It suggests that this may include one or more of the following strategies:
§ visual warnings such as flashing lights or stroboscope,
§ self-adjusting or smart alarms (that automatically adjust the volume of the warning alarms based on background noise),
§ focussed tonal alarms (that cancel the sound around the side of a machine and so focus the sound to the rear of the vehicle),
§ broadband alarms (which are directional).
Council notes the commitment in the SEE to adopt one or more of these methods in order to be a good neighbour, and commends the Applicant on doing this, but given that the use of these alternate warning systems have work, health and safety implications, Council will not be specifically conditioning their use.
In terms of the change to the hours of operation, it is considered that the noise assessment demonstrates that the impacts will be acceptable during the nominated hours. Furthermore, the change to the hours in the development consent do not generally allow for any activities to be carried out between the hours of 10:00 pm and 7:00 am. It saying that, it is accepted that on rare occasions, due to unforeseen circumstances (e.g mechanical breakdown, etc) that a truck may return to the yard during these hours, but it should not be a normal occurrence.
In conclusion, on the basis of the above assessment, and the fact that the EPA have raised no concern with noise or the hours of operation, it is considered that the likely noise impacts are acceptable. Even if the number or type of machines on site change, and produce a different type or level of noise, the EPL contains strict requirements regarding noise levels that cannot be exceeded. This allows the EPA as the Appropriate Regulatory Authority (ARA), to take action to ensure the noise levels are adhered to.
Natural Hazards:
The modification does not change the original assessment, which found that there are no known risks to people, property or the biophysical environment from, bushfire or flooding.
Technological hazards
The modification does not result in any different type of risk to people, property or the biophysical environment from industrial and technological hazards, land contamination and remediation or building fire risk, from tyre storage and processing. The development is required to comply with the relevant safety guidelines, including Fire and Rescue NSW’s “Guidelines for Bulk Storage of Rubber Tyres”, which has been identified in both the original SEE and the amended SEE, and is a condition on the EPL.
There is potential for risk from the increased mattresses storage and the introduction of silage tarp, and the Applicant has considered the provision of Fire and Rescue NSW’s “Fire safety guidelines – Fire safety in waste facilities”, in the modification application. There are three (3) specific section of this Guideline that need to be considered in relation to waste facilities, being Section 7 (Development and Planning), Section 8 (Facility operation and management) and Section 9 (Workplace fire safety).
Section 7 applies to “new development of any waste facility” (7.1.1) or an “existing waste facility that is subject to a development control order” (7.1.2). Despite the proposed changes to the development, it is not considered that this section applies, as it is not a new development, but is a modification to the existing development.
However, the changes proposed to the site layout and the waste stream, does trigger the need to consider Section 8 of the Guidelines, as it “applies to new and existing waste facilities” (8.1.1), and relates to the mattress and silage tarps. This section deals with such matters as:
§ 8.2 Storage and stockpiles – this requires storage and stockpiling of combustible waste material to be limited in size and volume, and states:
- the maximum height of any stockpile, loose piled or baled, should not exceed 4 m,
- the uncontained vertical face of any stockpile should recede on a slope no greater than 45° to minimise the risk of collapse and fire spread,
- stockpiles to be located so as to minimise the spread of fire and allow access for fire-fighting.
The SEE indicates that this can be achieved on-site and that stockpile limits would be permanently marked to ensure limits are understood and adhered to. Conditions of consent to reflect these commitments will be imposed.
§ 8.3 Stockpile management – this relates to minimising heat and the risk of fire, by:
- rotating stockpiles of combustible waste material to dissipate any heat generated,
- measuring the temperature of stockpiles,
- cooling of shredded or crumbed waste, before being stockpiled.
The SEE indicates that an operations plan will be developed to provide measures for stockpile rotation and heat management to identify hotpots and manage them. This would include such things as cooling prior to stockpiling, stockpiling for short periods of time (2 to 4 days), and limiting the stockpile of mattress/tarps to only one (1) stockpile. These seem like reasonable measures and will be reinforced as conditions of consent.
§ 8.4 External stockpiles – this relates to stockpiles external of a building, and deals which such things as
- the maximum width and length of a stockpile
- separation distance of stockpiles from other stockpiles, fire source features and buildings.
The SEE indicates that separation distance as can be achieved as per these guidelines, which will be reinforced as conditions of consent.
§ 8.6 Operations plan – This recommends that the facility should develop and implement an operations plan relating to combustible waste material. The SEE states that an operation plan will be developed, to this effect. Again, this will be reflected in the conditions of consent.
Section 9 of the Guidelines deals with risk management, through the identification of hazards, assessment of risks, implementation of controls, and documented review/audit process. It then requires the preparation of an emergency plan to assess fire safety risks and identify appropriate responses and controls, and include emergency response procedures for staff and other persons at the waste facility in the event of fire. It also requires the preparation of an emergency services information package (ESIP), which is provided to emergency services personnel.
The SEE identifies that there is an existing Pollution Incident Response Management Plans (PIRMP) in place for the premises, which upon review, identifies a number of the risks onsite relating to fire, and the measures employed to manage those risks. The SEE also states that an emergency plan and ESIP will be prepared in accordance with the guidelines. Again, these commitments will be reinforced as conditions of consent.
Safety, security and crime prevention
The site is presently fenced and access is controlled by gates, the modification does not propose any changes to this arrangement, and therefore would not create any additional safety, security or crime risks.
Social Impacts in the Locality:
The submissions received states that since the business has been operating on site, that there has been a negative impact on their lifestyle, and levels some of this criticism at Council for rezoning the land to Industrial, after they purchased their land. Some of the impacts include noise, dust, lights, which have been discussed above.
Given the assessments above, it is not considered that the modification to the approved development will have a negative social impact in terms of the health and safety of the community, social cohesion, community structure, character, values or beliefs, social equity, socio-economic groups or the disadvantaged, and social displacement.
Economic Impact in the Locality:
The submission received raised concerns about the impact of the modification on their property value, citing greater impact due to increased hours and increased activity outside. The impact that a development may have on property values is hard to identify, with many other factors contributing to property value. Even if the impact could be quantified, the Land and Environment Court has typically refused to consider such impacts. Accordingly, in this instance, it is not considered that refusal of the modification on the basis of economic impacts is warranted, with an inability to quantify if there would be a loss, or what that loss would be.
The modification will result in a reduction in the number of employees, falling from the estimated 30 employees down to 20 employees, based on changes to the way the mattresses are processed. Whilst this is extremely disappointing from both an economic and social impact, it is not grounds for refusing the modification.
Site Design and Internal Design:
The proposed modification seeks to change a number of aspects relating to site design, which is to reflect where the activities are in reality being carried out on site presently, rather than where they were initially proposed to be undertaken. The changes are not overly significant, with the noise study demonstrating that the impacts from the processing activities on the current location, are within the acceptable limits. The proportion of the site covered by buildings is minimal and the building can comply with the requirements of the BCA. The change from two (2) sheds to (1) will reduce the overall bulk and mass of the structures on-site, with proposed landscaping along the boundaries to further shield the site. The conditions of consent will to reflect the new plans and support documents, as well as to nominate the hierarchy of applicable plans and documents.
Construction Matters:
The modification does not change the construction impacts, with existing conditions addressing issue such construction issues as: sedimentation and erosion control, waste storage, fire safety, hours of construction, storage of materials, waste removal, etc.
Cumulative impacts
Cumulative impacts include such things as different impacts occurring so close in time, or so close in location, that the impacts overlap and cause a greater impact. Cumulative impacts can also take the form of repetitive, often minor impacts eroding environmental conditions, or different types of impacts interacting to produce another impact. It is not considered that all the changes proposed in the modification will cumulatively have a different or greater impact, than the original development.
4.15(1)(c) - The suitability of the site for the development:
Does the proposal fit in the locality ?
The submission received states that a more appropriate site should be found if the shredding is to occur outside instead of in sheds, as the site is unsuitable for this activity. However, the site is zoned industrial, and is located adjacent other potentially offensive industries, such as the garbage depot and sewage treatment plant, and has sufficient setback from sensitive receptors, which should minimise the impacts associated with the modification, to an acceptable level. It is considered that the air quality and microclimate are appropriate for the development, and there are no hazardous landuses or activities nearby, and ambient noise levels are suitable for the development.
Are the site attributes conducive to development ?
The site is not subject to natural hazards including flooding, bushfire, subsidence, slip or mass movement. The soil characteristics are appropriate for the development, and there are no critical habitats, or threatened species, populations, ecological communities or habitats on the site. The modification will not prejudice future agricultural production and there are no known mineral or extractive resources on the site. This issue of potential site contamination has been discussed previously.
4.15(1)(d) - Any submissions made:
The submission from the EPA has been discussed above.
The majority of issues raised in the one (1) public submission, have been addressed thought this report. The issues that have not already been addressed are discussed as follows:
The lack of compliance with the approved plans and consent
Rightly so, concern has been expressed that there has been substantial non-compliance with the commitments in the original SEE, the approved plans and the notice of determination granting consent to the development. The Applicant has clearly not complied with approved site layout, or with many of the operational parameters of the development, hence this application to modify the approved development.
It needs to be understood, that if Council imposes conditions of consent then there is an expectation that those conditions will be complied with, and that Council will enforce compliance. Once Council has determined this application (be it by approval or refusal), Council will commence a review of the operations, with a view to having the development comply with the consent. Some of these matters include:
§ provision of toilets and the disposal of effluent from the toilets,
§ landscaping,
§ first flush stormwater system,
§ work within the easement,
§ continuation of the earth mound on the southern boundary.
Lack of clarity as to where tyre and mattress shredding will be carried out
It is conceded that the site plan is unclear as to exactly where all the shredding activities are to be carried out, however, the SEE supporting the modification makes it clear that the shedder is moveable, and will be used in a number of locations along the stockpile/storage area located centrally on the property, as well as in the south-east corner of the site.
4.15(1)(e) - The public interest:
Relevant planning studies, strategies, guidelines, advisory documents, etc, include:
§ Fire safety guidelines – Fire safety in waste facilities (Fire and Rescue NSW),
§ Guidelines for Bulk Storage of Rubber Tyres (Fire and Rescue NSW),
§ Noise Policy for Industry (EPA),
§ NSW Waste Avoidance and Resource Recovery Strategy 2014–21 (EPA),
§ Riverina Murray Regional Plan 2036 (NSW Planning and Environment).
It is considered that the modification is largely consistent with these documents, and staff are not aware of any other policy statements from either Federal or State Government that are relevant to this proposal, nor any other planning studies or strategies. Overall, the proposal would not contravene the public interest.
OTHER MATTERS:
Section 7.11 and 7.12 Contributions Policies:
Section 7.12(2) of the EPA Act, states that “a consent authority cannot impose as a condition of the same development consent a condition under this section as well as a condition under section 7.11”. Accordingly, Council can only require payment of either a 7.11 or 7.12 contributions.
Section 7.11 Contributions Plans
The only Section 7.11 plan in force is the “Development Generating Heavy Vehicle Usage of Local Road”, which only applies in Gundagai, and therefore is not applicable to the modification.
Section 7.12 Contributions Plans
The Cootamundra-Gundagai Regional Council Section 7.12 Fixed Development Consent Levy Contributions Plan 2018, applied to the original development, and a condition was imposed in this regard, and the modification does not change its applicability.
Disclosure of political donations and gifts:
The application and notification process did not result in any disclosure of Political Donations and Gifts.
FINANCIAL IMPACTS:
Nil
POLICY IMPACTS:
Nil
ORGANISATIONAL IMPACT:
Nil
RISK MANAGEMENT IMPACTS:
Nil
LEGAL ISSUES:
Nil
CONCLUSION:
In the assessment of any application, Council must consider a number of issues related to that application, and essentially weigh up the positive and negative impacts of the proposal. In doing so, Council does not necessarily have to be assured that there are no impacts at all, but must be confident that those that do exist, are acceptable. In fact, there is no rule that says that if a development proposal meets with a negative reaction on any particular factor, that consent must be denied, which has been supported by various court cases.
In this instance there is potential for certain negative impacts associated with the modification, based on the increased waste stream, changes to how the waste is processed, and changes to the hours of operation. These generally relate to dust and airborne particles, lights and noise.
However, provided the Applicant operates the development in accordance with the commitments in the original SEE, the SEE supporting the modification, the EPL and the conditions of development consent, and provided Council is prepared to enforce the conditions of consent if they are not being adhered to, then it is believed the potential impacts associated with the modification can be adequately managed.
SCHEDULE 1, DIVISION 4, CLAUSE 20 - REASONS FOR THE DECISION:
This section of the Act requires the public notification of certain decisions, the date of the decision, the reasons for the decision and how community views were taken into account in making the decision. The reasons for the decision (as recommended to Council) and how community views were taken into account, as it relates to this application are:
§ the proposed modification is not inconsistent with the objectives of the zone,
§ the proposed modification is permitted in the zone,
§ assessment of the modification against the relevant provisions of the EPA Act, indicates that the proposed modification will not cause significant adverse impacts on the surrounding natural environment, built environment and infrastructure, community facilities, or local character and amenity,
§ the proposed modification does not compromise the relevant Environmental Planning Instruments,
§ Council considers that the proposed modification is appropriate having regard to the relevant matters and can be managed through appropriate conditions,
§ neighbour notification was carried out as per the CPP, and each of the issues raised has been addressed within the report, and shown to be acceptable, subject to compliance with commitments made in the application, and the conditions of consent.
DEVELOPMENT ASSESSMENT SIGNING OFFICER:
Laura Schweiger
Town Planner 17 July 2020
Date
|
28 July 2020 |
|
DOCUMENT NUMBER |
330381 |
|||
|
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 |
Compliance with the provisions of the Environmental Planning and Assessment Act, 1979 and relation legislation. |
|||
|
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||
|
Nil |
|
The information on Development Applications Approved in June 2020 be noted. |
Introduction
The Development Applications Approved in June 2020 Report is submitted for information of the Council and community regarding development applications processed.
Discussion
The following development applications were approved by Cootamundra-Gundagai Regional Council in June 2020.
|
APP. NO. |
PROPOSED BUILDING |
STREET NAME |
|
|
DA.2020.72 |
New Garage |
Nangus Road |
|
|
DA.2020.80 |
Building Envelope |
Back Brawlin Road |
|
|
DA.2020.63 |
New shed with attached carport |
Warren Street |
|
|
DA.2020.74 |
New Storage shed |
Middleton Drive |
|
|
DA.2020.75 |
New Storage Shed |
off Landon Street |
|
|
DA.2020.79 |
Repositioning of front fence |
Thompson Street |
|
|
DA.2020.81 |
Part demolition of existing kill floor & associated buildings |
Stockinbingal Road |
|
|
CDC.2020.11 |
Demolition of Existing Dwelling |
Centenary Avenue |
|
|
|
|
|
|
|
VALUE OF WORK REPORTED TO THIS MEETING |
$127,100.00 |
||
|
VALUE OF WORK REPORTED YEAR TO DATE |
$11,759,059.00 |
||
|
THIS TIME LAST YEAR: |
|
||
|
VALUE OF WORK –June 2019 |
$136,000.00 |
||
|
VALUE OF WORK – YTD 2019 |
$29,055,502.00 |
||
|
28 July 2020 |
|
DOCUMENT NUMBER |
331053 |
|||
|
REPORTING OFFICER |
Glen McAtear, Manager Regulatory Services |
|||
|
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. |
|||
|
Nil |
|
1. Pigeon proofing be undertaken on Council assets where roosting pigeons congregate. 2. Council consider the ongoing maintenance of pigeon control be the responsibility of affected businesses. 3. The CBD businesses be advised of Council’s final resolution of this matter.
|
Introduction
At the Ordinary Meeting held 27th August, 2019 Council resolved (Min no. 293/2019) the following:
1. Council prepare a fact sheet to distribute to residents and local businesses providing information on pigeon control.
2. Council undertake pigeon proofing on Council assets where roosting pigeons congregate.
3. Council liaise with business owners to facilitate efforts to eradicate pigeons from the CBD area and seek Expressions of Interest from pest exterminators with the intention of providing a report to Council once the information has been collated.
4. The report and resolution be distributed to CBD businesses.
Discussion
Consequently, Council met with the Cootamundra Development Corporation and local business owners and, or, management to discuss options for the control and, or, the eradication of pigeons in the central business district area.
Since then COVID-19 has had a significant impact on local businesses and, as such, only two businesses have offered a financial contribution for the management of the pigeons along the main street.
This type of pest eradication program is not common practice for a council to undertake, with the exception of council owned assets, and it will be a considerable ongoing financial burden to Council to do so. It is not realistic to be of the opinion that a permanent solution to pigeon control is available, rather, there are only short term and ongoing solutions.
Council undertakes the cleaning of the Parker Street, footpaths between Wallendoon and Adams Streets, seven (7) days a week. This practice is part of the main street maintenance schedule and will continue regardless of where the pigeons roost.
It is recommended that Council resolve that the ongoing maintenance of pigeon control be the responsibility of the affected businesses.
|
28 July 2020 |
|
DOCUMENT NUMBER |
331058 |
|||
|
REPORTING OFFICER |
Kay Whitehead, Interim Deputy General Manager |
|||
|
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. |
|||
|
Nil |
|
That development of a detailed ten year strategic plant management plan be referred to the Finance Committee for ongoing review until the committee is satisfied that the plan be referred to Council for adoption.
|
Introduction
At its May meeting, Council resolved:
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.
Discussion
Unfortunately, work is not sufficiently advanced to present a comprehensive ten year strategic plan to the July, 2020 meeting in accordance with the above resolution. In the interim the following progress report is provided, and it is recommended that development of a detailed ten year strategic plan be referred to the Finance Committee for ongoing review until the committee is satisfied that the plan should be referred to Council for adoption.
Progress to date:
The Plant and Fleet Replacement Program is now well developed, and Council has a good understanding of the net plant income that will be required to fund this replacement.
Further work is needed to ensure Council is capturing all plant income and that plant utilisation rates for individual items of plant justify their retention in the plant fleet.
Small plant is now being allocated to business units according to proportion of use, which has ensured that running and replacement costs are captured and correctly allocated.
Private leaseback fees have been reviewed, and are much higher than they were historically, better reflecting the private use cost to Council.
Once Council has confidence that it is capturing all plant income, plant hire rates will be reviewed to ensure the reserve has capacity to replace plant at economic replacement points, and to provide a return on capital invested in plant to Council.
|
28 July 2020 |
|
DOCUMENT NUMBER |
331014 |
|||
|
REPORTING OFFICER |
Shelley Liehr, Executive Assistant - Operations |
|||
|
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. |
|||
|
Nil |
|
The Civil Works and Technical Services Report for the month of July, 2020 be received. |
Introduction
This report provides a detailed update of the Civil Works and Technical Services Departments works undertaken for the month of July, 2020.
Discussion
Construction works over the last month has seen the completion of the Old Gundagai Road reconstruction project which was sealed in the first week of July. The Burra Road Project has been stabilised in preparation for sealing in the coming week. Both these projects were Roads To Recovery funded projects.
Maintenance grading has been undertaken on Millvale Road, Yannawah Lane, Rosedale and Parsons Creek Roads, with gravel resheeting now in progress around the Tumblong area. Crews will continue maintenance grading/resheeting over the next month in various areas around the region, including around the Muttama area.
Culvert replacement is underway along Nanangroe and Redhill Roads. Drainage issues have been addressed along Brawlin Springs, Back Brawlin, Rawilla, Jugiong and Rosehill Roads and in the Yannawah area where water ponding was affecting the road pavement.
The concrete sleeper retaining wall at Anzac Park has been completed, with the concrete crew currently working on stairs at the Water Treatment Plant. Kerb replacement works are progressing in Adams, Merle and O’Donnell Streets where the old kerb had lifted and created ponding problems.
General sign maintenance and bitumen patching has been competed around the region. Mowing has been completed at the aerodrome and in areas around the townships and villages.
Private works are continuing on the Boundary Road sub-division with works on the sewer mains and rising main compete and approximately 70% of the stormwater pipeline now laid.
|
28 July 2020 |
|
DOCUMENT NUMBER |
330971 |
|||
|
REPORTING OFFICER |
Matt Stubbs, Manager Technical Services |
|||
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|||
|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
|
FINANCIAL IMPLICATIONS |
$985,552 in infrastructure funding. |
|||
|
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
|
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||
|
1. Media Release - the Hon Michael McCormack - RIVERINA - CGRC to share in $13.8 million boost ⇩ 2. Sheridan Street Scope of Works ⇩ |
|
1. The Report on Federal Government Funding – Local Road and Community Infrastructure Programme and attachments be received and noted. 2. The projects identified within the report be nominated on behalf of Cootamundra-Gundagai Regional Council for funding under the Local Road and Community Infrastructure Programme.
|
Introduction
The Federal Government has initiated a Local Roads and Community Infrastructure Programme (LRCI). This report is to outline the projects that are proposed for nomination under this program.
Discussion
It would appear, fundamentally, that the nominated funding is an additional Roads 2 Recovery (R2R) payment that has a more flexible spending scope than most funding programmes. It allows the funds to be used on Local Roads and/or community infrastructure as Council deems appropriate, The amount Cootamundra-Gundagai Regional Council is said to receive from the LRCI programme is $985,552.
It should be noted that this money must be spent on Council owned infrastructure and should be additional to any pre COVID-19 Works Programme for the 2020/2021 Financial Year. Work can commence from the 1st July, 2020, however, there are no time restraints for the submission or approval of projects by the Office of Local Government. This is similar to how the R2R funding is determined and acquitted by Council.
It is proposed that this funding be divided equally across the departments of Technical Services and Civil Works which would provide an equal amount of $492,776 to be spent in both Gundagai and Cootamundra.
The nominated project for the Gundagai area is to see the finalisation of the intersection of Sheridan and West Streets. The scope of work is highlighted by two areas, in the Sheridan Street Scope of Works attached to the report, and consists of an area of asphalt overlay (indicated in red) and an area that requires partial pavement reconstruction followed by an asphalt overlay (indicated in yellow). In addition to the pavement works there is a desire to complete landscaping around the intersection consistent with that previously undertaken between Otway and Homer Streets. Preliminary estimates have determined that the cost of these works will fit the allocated amount of $492,776 as indicated below with final scope to be determined once detailed costings have been completed.
|
Sheridan and West St Intersection Preliminary Estimate |
||||
|
Description |
Qty |
Units |
Rate |
Total |
|
Asphalt Correction and 50mm Overlay |
3500 |
m2 |
55 |
$192,500 |
|
Digout and Replace Pavement |
1500 |
m2 |
130 |
$195,000 |
|
Paver Infill to Concrete Medians |
1 |
item |
35000 |
$35,000 |
|
Landscaping to surrounding areas |
1 |
item |
25000 |
$25,000 |
|
Linemarking |
1 |
item |
15000 |
$15,000 |
|
Traffic Control |
1 |
item |
30000 |
$30,000 |
|
|
|
|
|
$492,500 |
There are a number of projects in the Cootamundra area that are proposed for this funding as described below and these are also in the preliminary estimation stage:
· Widening of the pedestrian access bridge over the open drain at the top end of McKay Street. The bridge is part of the footpath and bicycle link into Inala Place and is currently not wide enough to support mobility scooters or to allow multiple pedestrians to pass.
· Widening of the pedestrian bridge across the open drain at the end of Scott Street. Similarly to the McKay Street footbridge, this bridge links from the retirement village and high school into Cutler Avenue and is of insufficient width. Project scope would include the poor quality approaches at either end.
· Construction of a new shared pedestrian/cycleway along Muttama Creek between Parker and Wallendoon Streets (behind the Ex-services Club). This is a missing link for the pathway along the Muttama Creek and would provide separation between vehicles and pedestrians within the carpark area.
· Widening of the Rosehill Road Bridge over Cullinga Creek. The current bridge is only wide enough to carry one vehicle at a time with any oncoming vehicle being forced to give way, this also present a problem for agricultural machinery and their ability to cross the bridge. The costing for this bridge is subject to final design and estimation with any shortfall proposed to be sourced from 2020/21 Roads to Recovery Funds.
It should be noted that the first three projects were unsuccessful in securing funding through the Stronger Communities Grants Round 3 while the Rosehill Road Bridge was previously considered as an R2R project by the former Cootamundra Shire Council.
|
Cootamundra Area Preliminary Estimates |
|
|
Description |
Total |
|
Pedestrian Bridge on Mackay Street |
$60,000 |
|
Pedestrian bridge on Scott Street |
$60,000 |
|
New Shared Cycleway along Muttama Creek (Parker Street to Wallendoon Street behind the Cootamundra Ex-Services Club) |
$110,000 |
|
Widening of Rosehill Road Bridge |
$260,000 |
|
|
$490,000 |
|
28 July 2020 |
8.10 Waste, Parks and Recreation
|
DOCUMENT NUMBER |
331025 |
|||
|
REPORTING OFFICER |
Wayne Bennett, Manager Waste, Parks and Recreation Services |
|||
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|||
|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
|
FINANCIAL IMPLICATIONS |
Any additional funding required that is above the plant reserve allocation for Plant No. 1304 is to be funded from the Waste Reserve. |
|||
|
LEGISLATIVE IMPLICATIONS |
To facilitate compliance with sections 10 and 11 of the Local Government Act, 1993. |
|||
|
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||
|
1. The Report for the Replacement of Case Landfill Loader, Plant No 1304 be received and noted. 2. The quotation received from Porter Equipment Australia for the purchase of a Hyundai HL757-9 Wheel Loader (including 4:1 bucket & foam filled tyres) be accepted. 3. The additional funds required above the plant reserve allocation be funded from the Waste Reserve.
|
Introduction
At the Ordinary Meeting held 26th March, 2019 Council resolved (Min. no. 092/2019) item 8.4.3 Cootamundra-Gundagai Regional Council Plant Replacement Program that the Plant And Fleet Replacement Program be adopted.
The Case Landfill Loader (Plant No. 1304) based at the Cootamundra Waste Facility was scheduled to be replaced as part of the 2019/2020 plant replacement program.
A budget of $175,000 has been allocated from the plant reserve to replace the Case Landfill Loader plant no. 1304. The remaining amount will be funded from the Waste Reserve.
Discussion
An aging, second hand Case Landfill Loader is currently in use at the Cootamundra Waste Facility for the purpose of managing the commercial, industrial, green waste and domestic waste streams.
A Request for Quotation (RFQ) was published via Vendor Panel to identify the best machine to service the changing and expanding duties expected of it on 24th June, 2020, with responses due 8th July, 2020. At closing, twelve (12) responses were received.
The Case Landfill Loader plant no. 1304 (130Kw) was purchased from Bland Council in September 2014, for approximately $50,000 with 7,500 hours on the clock. The Case Landfill Loader now has 10,288 hours and needs replacing. Council’s workshop supervisor has advised that over the past 18 months, the Case Landfill Loader has 6 months down time recorded against it and it is now considered a financial liability.
The Landfill Loader has now been out of service for the past 3 months, waiting for the arrival of parts from North America. Council has had to hire in a Skid Loader at a cost of $1,000 per week to fill in while the Case Landfill Loader is out of service.
The industry standard for a landfill loader/compactor is around 800 hours per annum. The low industry standard is due to the extremely harsh working environment of a waste landfill facility. The Case Landfill Loader has been averaging approximately 550 hours per annum since its purchase in 2014, which is below the industry standard. With the additional operational tasks required for the new loader, it is expected that the annual hours will exceed the industry standard of 800 hours per annum. The new Loader will manage the transfer station, village tips and composting/green waste operations, in addition to managing the commercial/industrial areas of the Cootamundra Landfill. The new Loader is NOT a landfill compactor, and as such the need to bring in a compactor will still be required to ensure space maximisation within the landfill. Costs for the compactor have been included in the landfill operational budget.
The main purpose of seeking Quotations was to indicate to Council a replacement cost for a rubber tyre loader, with specifications of 120Kw to 140Kw power output, with a 4:1 bucket and foam filled tyres. The Loader will be used to move and organise waste material to maximise landfill space, recycling, and processing requirements.
Council’s Waste Management operations are going through a major reorganisation and the new Loader will assist staff to fulfil their obligations in waste management and minimisation, along with achieving expected outcomes and licencing obligations.
On assessment of all the selection criteria, the Hyundai from Porter Group Australia, has been determined as the company best able to replace the existing Case Landfill Loader to service the current and future needs of the Cootamundra Waste Facility.
|
28 July 2020 |
9 Motion of which Notice has been Given
|
DOCUMENT NUMBER |
331093 |
|
REPORTING OFFICER |
Charlie Sheahan, Councillor |
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
The following Notice of Motion signed by Councillor Charlie Sheahan was submitted on 21 July, 2020.
I hereby give notice of my intention to move the following motion at the Council meeting of Tuesday, 28 July, 2020:
|
1. That CGRC produce a submission to present to the NSW Government for development of the Cootamundra to Tumblong Rail Trail as a place making project, promoting tourism growth and economic stimulus, benefiting the whole local government area. 2. That $100,000 be reallocated for project pre-planning from NCIF2 funding. 3. That all legitimate concerns of adjoining landholders be considered and addressed.
|
Note from Councillor
The South-West Slopes Regional Economic Development Strategy and the Riverina-Murray Destination Management Plan both support the concept of the proposed rail trail and its ability to deliver economic stimulus and tourism benefits to the region. The 2008 Feasibility Study on the Coolac – Tumblong section of the trail estimated that just that section alone would deliver an annual benefit to the economy in the order of $1Million per annum.
The Cootamundra-Gundagai Regional Council Recreational Needs Study, Tourism and Economic Development Strategy and the CGRC Village Strategy all recommend the development of a tourism and recreation trail network that links existing trails, key attractions and provides further amenity to the villages for both the lifestyle and economic benefits they provide.
The proposed construction project which would be fully funded by grant income would generate a much needed boost for the local economy, and job opportunities post the impact of COVID-19 and the bushfires. According to the National Institute of Economic and Industry Research (NIEIR) Version 1.1 (May 2020), Local Jobs are forecast to fall by -6.5% in the June Quarter 2020. This equates to a fall of 298 local jobs. The project would not only generate local construction jobs but also ongoing employment.
Approved as a Pilot Rail Trail for NSW in 2015, the Tumbarumba to Rosewood Rail Trail is a 22km trail on the disused rail corridor, fully funded by State Government, and managed by Snowy Valleys Council. Officially opened on 3 April 2020 during COVID-19, by way of a virtual opening, it has enjoyed enormous success with over 4000 people having already used the trail. Businesses in the area are booming, with new businesses including a shuttle service and bike hire already established. This trail is located approximately one hour’s drive from Tumblong, providing an add-on benefit to our proposed development
|
28 July 2020 |
|
DOCUMENT NUMBER |
331173 |
|
REPORTING OFFICER |
Gil Kelly, Councillor |
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
The following Notice of Motion signed by Councillor Gill Kelly was submitted on 22 July, 2020.
I hereby give notice of my intention to move the following motion at the Council meeting of Tuesday, 28 July, 2020:
|
That Council proceed with the implementation of the Cootamundra Main Street Enhancement Lighting Program |
Note from Councillor
At the Ordinary Meeting held 30th July, 2019 Council resolved (Min. no. 240/2019) a three (3) month trial period for the installation of street tree lighting in Parker Street central business district area, Cootamundra.
At the Ordinary Meeting held 24th September, 2019 I submitted a Notice of Motion That Council disregard the trial period of the Cootamundra Main Street Tree Enhancement Lighting Program and approve its implementation in full. This motion was defeated, however, Council resolved (min.no. 343/2019) to continue the 3 month trial and following the conclusion of the trial a report be prepared and submitted to Council on the costs and potential funding options for continuation of the program.
At the Ordinary Meeting held 26th November, 2019 Council resolved for the lighting to be a consideration in the 2020/21 budget.
The Parker Street enhancement lights (approx. $50,000) have been included in the Scope of Works for the proposed Parker Street upgrade, to be funded from the $1,000,000 Drought Assistance Grant Program ($500,000 being Cootamundra’s allocated amount) announced by the Member for Riverina, Michael McCormack, Deputy prime Minister earlier this year.
Due to the necessity to install the lighting during the trees seasonal dormancy stage, I propose that Council approve the purchase of the enhancement lights for the remaining fifteen (15) trees in the Parker Street to be borrowed from the dividend paid to CGRC from the sale of the Southern Phone Company share. Once the Drought Assistance funding has been received by Council the costs associated with the enhancement lighting would be returned to the funding account.
Considerable positive feedback has been received by both residents and travellers on the tree enhancement lighting. As such, any proposed extension of the tree enhancement lighting beyond the CBD into the southern Wallendoon Street district should be considered by Council as alternative funding sources become available.
|
28 July 2020 |
9.3 Notice of Motion - That Cootamundra-Gundagai Regional Council Defer the Rates Harmonisation Until the 2021/22 Financial Year.
|
DOCUMENT NUMBER |
331222 |
|
REPORTING OFFICER |
Charlie Sheahan, Councillor |
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
The following Notice of Motion signed by Councillor Charlie Sheahan was submitted on 22 July, 2020.
I hereby give notice of my intention to move the following motion at the Council meeting of Tuesday, 28 July, 2020:
|
That Cootamundra-Gundagai Regional Council defer the implementation of the Rates Harmonisation until the 2021/22 financial year. |
Note from Councillor
Some of the increases to annual rates, specifically related to the harmonisation process, had provided unexpected and significant rate shock to those landowners affected. As such, I put forward this motion to allow these landowners time to prepare for this substantial financial encumbrance.
