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Minutes Ordinary Council Meeting
Council Chambers, Gundagai
6:00PM, Tuesday 28th July, 2020
Administration Centres: 1300 459 689 |
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Minutes Ordinary Council Meeting
Council Chambers, Gundagai
6:00PM, Tuesday 28th July, 2020
Administration Centres: 1300 459 689 |
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Ordinary Council Meeting Minutes |
28 July 2020 |
MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council
Meeting
HELD AT THE Council
Chambers, Gundagai
ON Tuesday, 28 July
2020 AT 6:00PM
PRESENT: Cr Abb McAlister (Mayor), Cr Dennis Palmer (Deputy Mayor), 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), Sharon Langman (Manager Development, Building and Compliance), Andrew Brock (Manager Facilities), Tim Swan (Manager Finance), Glen McAtear (Manager Regulatory Services), Matt Stubbs (Manager Technical Services),
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.
Note: Due to COVID-19 the Meeting was closed to the public and, as such, there was no Open Forum section. The Meeting was live streamed and is available to watch online at www.cgrc.nsw.gov.au. Written submissions received, if any, were read aloud during the Meeting at item 8.1.1 Open Forum Submissions.
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At the Ordinary Meeting held 30th June, 2020 Cr Bowden requested a leave of absence (Min. no. 198/2020) and leave of absence was granted. |
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5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 30 June 2020 |
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Note: the following amendments were made at the Meeting: Item 8.1.2 Draft 2020/21 Operational Plan 5. The easement rental in the Water & Sewer fund not be paid and no income be received by the General Fund for rental payments. Item 8.1.7 Applications for Community Donations Gundagai Regional Enhancement Group received $5000 to assist with the cost of Christmas decorations, entertainment and children’s activities. |
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Resolution 201/2020 Moved: Cr Dennis Palmer Seconded: Cr Charlie Sheahan The amended 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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Resolution 202/2020 Moved: Cr David Graham Seconded: Cr Penny Nicholson The information in the Mayoral Minute be received and noted. |
Nil
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8.1.2 Draft Workplace Surveillance Policy and Draft Use of Body Worn Video Camera Procedure |
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Resolution 203/2020 Moved: Cr David Graham Seconded: Cr Charlie Sheahan 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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8.1.3 Governance responses to issues identified by the Audit Office NSW |
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Resolution 204/2020 Moved: Cr Charlie Sheahan Seconded: Cr Dennis Palmer 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. |
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8.1.4 Cootamundra Tourism Action Group Section 355 Committee - Minutes of Meeting held 2 July 2020 |
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Resolution 205/2020 Moved: Cr Doug Phillips Seconded: Cr Gil Kelly 1. The Minutes of the Cootamundra Tourism Action Group Section 355 Committee held 2 July 2020, attached to the report, be received and noted. |
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Resolution 206/2020 Moved: Cr David Graham Seconded: Cr Craig Stewart 2. The first banner created and erected on the across street pole system on Parker Street, Cootamundra be the new logo and tag line and that this banner be used when there is no other banner in use. |
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Resolution 207/2020 Moved: Cr Charlie Sheahan Seconded: Cr Dennis Palmer 3. Two Town Centre directional signs – one on Yass Road, prior to the Hovell Street Olympic Highway diversion turn-off and one at the Sutton Street Wallendoon Street intersection be installed. |
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8.1.5 Cootamundra Youth Council - Meetings held Tuesday 7th July 2020 |
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Resolution 208/2020 Moved: Cr Charlie Sheahan Seconded: Cr Gil Kelly That Council receive and note the attached Minutes of the Cootamundra Youth Council meetings held 7 July 2020. |
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8.1.6 THe Arts Centre Cootamundra s355 Committee Annual General Meeting Reports and Minutes |
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Resolution 209/2020 Moved: Cr Penny Nicholson Seconded: Cr Doug Phillips The attached reports and minutes of the Annual General Meeting of The Arts Centre Cootamundra be received and noted. |
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Resolution 210/2020 Moved: Cr Penny Nicholson Seconded: Cr Doug Phillips The Updated Council Meeting Action Report be noted. |
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Resolution 211/2020 Moved: Cr David Graham Seconded: Cr Craig Stewart Written submissions for the Open Forum received after the publishing of the July, 2020 Business Paper, if any, be received and read aloud. |
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8.1.9 Local Government NSW Annual Conference 2020 - Late Report |
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Resolution 212/2020 Moved: Cr Charlie Sheahan Seconded: Cr Craig Stewart 1. Council nominated Cr McAlister (Mayor), Cr Palmer (Deputy Mayor) and Phillip McMurray General Manager as the attendees for the Local Government NSW Annual Conference, 2020 scheduled to be held 22nd to 24th November, 2020. 2. Council nominated Cr McAlister (Mayor) and Cr Palmer (Deputy Mayor) as the voting delegates for the Local Government NSW Annual Conference, 2020 detailed in 1 above. |
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8.2.1 2020/21 Rates and Annual Charges |
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Resolution 213/2020 Moved: Cr Charlie Sheahan Seconded: Cr Dennis Palmer This report is submitted for the information of Council. |
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Resolution 214/2020 Moved: Cr David Graham Seconded: Cr Penny Nicholson Item 8.2.5 2020/21 Rates and Annual Charges - Late Report be moved to follow item 8.2.1 2020/21 Rates and Annual charges. |
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Resolution 215/2020 Moved: Cr David Graham Seconded: Cr Penny Nicholson 1. ORDINARY RATES In accordance with the provisions of Section 535 of the Local Government Act, 1993 Cootamundra-Gundagai Regional Council hereby resolves to make the following rates for the 2020/21 rating year: a) Farmland Category Rate of 0.2102605 cents in the dollar, with a base amount of $307.11 per assessment, for all rateable land within the Farmland Category in Council’s area, as defined in Section 515 of the Local Government Act, 1993 based upon the land value at a base valuation date of 1st July, 2019. The base amount for the Farmland Category is estimated to realise 10.59% of the total yield in this category. b) Residential Category Rate of 0.4881518 cents in the dollar, with a base amount of $307.11 per assessment, for all rateable land within the Residential Category in Council’s area, as defined in Section 516 of the Local Government Act, 1993, based upon the land value at a base valuation date of 1st July, 2019. The base amount of $307.11 for the Residential Category is estimated to realise 45.47% of the total yield of this category. c) Business Category Rate of 1.2009279 cents in the dollar, with a base amount of $307.11 per assessment, for all rateable land within the Business Category in Council’s area, as defined in Section 518 of the Local Government Act, 1993, based upon the land value at a base valuation date of 1st July, 2019. The base amount of $307.11 for the Business Category is estimated to realise 19.68% of the total yield of this category. d) Mining Rate of 0.210 cents in the dollar, with a base amount of $307.11 per assessment, for all rateable land within the Mining Category in Council’s area, as defined in Section 517 of the Local Government Act, 1993 based upon the land value at a base valuation date of 1st July 2019.
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Resolution 216/2020 Moved: Cr Doug Phillips Seconded: Cr Gil Kelly The Monthly Finance Report for May 2020 be received and noted. |
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Resolution 217/2020 Moved: Cr Craig Stewart Seconded: Cr Charlie Sheahan The Investment Report for June 2020 be received and noted. |
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8.2.4 Updated Monthly Major Projects Program and Projects Schedule |
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Note: Cr Graham requested that the Major Projects be scheduled for discussion at the next Councillor Workshop. |
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Resolution 218/2020 Moved: Cr David Graham Seconded: Cr Dennis Palmer The Updated Monthly Major Projects Program Report, and Updated Monthly Major Projects Schedule attached to the report, be received and noted. |
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8.2.6 2020/21 Rates and Amended Annual Charges - Late Report |
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Resolution 219/2020 Moved: Cr Charlie Sheahan Seconded: Cr Craig Stewart WASTE MANAGEMENT CHARGES In accordance with the provisions of 535 and 501 of the Local Government Act 1993, Council hereby resolves to make the following waste management charge for the 2020/2021 rating year: Commercial Waste Management Charge of $456.00 per service for the removal of waste (one 240 litre general waste pickup per week and one 240 litre recyclable waste pickup per fortnight) from Non-Residential properties for which the service is requested and available. Multiple services will be charged for multiple bins and/or multiple collections per week. |
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8.3.1 Gundagai Neighbourhood Centre Incorporated (Gundagai Cultural Group) Memorandum of Understanding with Council |
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Resolution 220/2020 Moved: Cr Charlie Sheahan Seconded: Cr Craig Stewart 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. |
8.4 Development, Building and Compliance
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8.4.1 Request to Waive Payment of Contribution Fees for DA 2018/18 - Service Station, Yass Road, Cootamundra |
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Resolution 221/2020 Moved: Cr Charlie Sheahan Seconded: Cr David Graham Council refused the Request to Waive Payment of Contribution Fees For DA 201/18 – Service Station, Yass Road, Cootamundra.
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8.4.2 Development Application DA2018/094 MOD 1 - Resource Recovery Facility, Lot 1 Turners Lane, Cootamundra |
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Resolution 222/2020 Moved: Cr Dennis Palmer Seconded: Cr Penny Nicholson 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 manoeuvering,
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]
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Resolution 223/2020 Moved: Cr David Graham Seconded: Cr Dennis Palmer The information on Development Applications Approved in June 2020 be noted. |
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Resolution 224/2020 Moved: Cr Charlie Sheahan Seconded: Cr Dennis Palmer 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. Council contribute to a pigeon population management program. 4. The businesses in the central business district be advised of Council’s final resolution of this matter. |
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Resolution 225/2020 Moved: Cr David Graham Seconded: Cr Dennis Palmer 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. |
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Resolution 226/2020 Moved: Cr Penny Nicholson Seconded: Cr Craig Stewart 1. The Civil Works and Technical Services Report for the month of July, 2020 be received. 2. Council investigate drainage concerns along the Wallendoon Street edge of Clarke Oval. |
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8.8.1 Federal Government Funding - Local Road and Community Infrastructure Programme |
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Resolution 227/2020 Moved: Cr David Graham Seconded: Cr Charlie Sheahan 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. |
Nil
8.10 Waste, Parks and Recreation
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Resolution 228/2020 Moved: Cr Charlie Sheahan Seconded: Cr Doug Phillips 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) for $269,500 (inc. GST) and trade in amount of $55,000 be accepted. 3. The $175,000 be funded through the Plant Reserve, and additional funds of $12,550, above the plant reserve, required allocation be funded from the Waste Reserve. |
9 Motion of which Notice has been Given
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9.1 Notice of Motion - Rail Trail between Cootamundra and Tumblong |
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Resolution 229/2020 Moved: Cr Charlie Sheahan Seconded: Cr Penny Nicholson 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 Council apply for $100,000 to be reallocated for project pre-planning from NCIF2, A Better Community Strategy Project funding through the Office of Local Government. 3. That all legitimate concerns of adjoining landholders be considered and addressed. |
Nil
Nil
The Meeting closed at 8:45.
The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 25 August 2020.
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CHAIRPERSON GENERAL MANAGER