Agenda of Ordinary Council Meeting

Ordinary Council Meeting Minutes

25 August 2020

MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council Meeting
HELD AT THE Alby Schultz Centre, Cootamundra
ON Tuesday, 25 August 2020 AT 6:00 PM

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), Mark Ellis (Manager Civil Works), Miriam Crane (Manager of Community and Culture), Sharon Langman (Manager Development, Building and Compliance), Andrew Brock (Manager Facilities), Tim Swan (Manager Finance), Glen McAtear (Manager Regulatory Services), Matt Stubbs (Manager Technical Services),

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, 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.

3 Apologies

Nil

4 Disclosures of Interest

Phillip McMurray (General Manager) disclosed an Pecuniary Interest in item 11.2 Mayoral Minute – General Managers Review as he is the General Manager

5 Confirmation of Minutes

5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 28 July 2020

Resolution 230/2020

Moved: Cr Dennis Palmer

Seconded: Cr Doug Phillips

The Minutes of the Ordinary Meeting of Council held on Tuesday 28 July 2020 be confirmed as a true and correct record of the meeting.

6 Mayoral Minutes

6.1 Mayoral Minute - Councillor Engagement for August, 2020

Recommendation

The information in the Mayoral Minute be received and noted.

7 Reports from Committees

7.1 Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 13 August 2020

Recommendation

1. The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 13 August 2020 (attached) are submitted for adoption.

2. Council adopt the recommendations contained within the Minutes.

8 General Manager’s Report

8.1 Business

8.1.1 Open Forum Submissions

Resolution 231/2020

Moved: Cr Gil Kelly

Seconded: Cr Leigh Bowden

Written submissions for the Open Forum received after the publishing of the July, 2020 Business Paper, were received and the following were read aloud.

1. Susan Manwaring – Mrs Manwaring sent a submission in support for item 8.7.1 Proposed Road Closure Lots 3 and 6 DP1217568 Part Rosehill Road as the owner of the property on which the exists.

2. Alison Patterson – Mrs Patterson sent a submission in relation to the Cootamundra Concert Band withdrawing as an s355 Committee of Council.

Carried

8.7.1 Proposed Road Closure Lots 3 and 6 DP1217568 Part Rosehill Road

Resolution 232/2020

Moved: Cr Dennis Palmer

Seconded: Cr Charlie Sheahan

That item 8.7.1 Proposed Road Closure Lots 3 and 6 DP1217568 Part Rosehill Road be moved to follow item 8.1.1 Open Forum submissions for resolution.

Carried

8.7.1 Proposed Road Closure Lots 3 and 6 DP1217568 Part Rosehill Road

Resolution 233/2020

Moved: Cr Dennis Palmer

Seconded: Cr Charlie Sheahan

1. Council approve the closure of Lots 3 and 6 DP 1217568 Rosehill Road Cootamundra.

2. Council enter into a Deed with Mrs. Manwaring to formalise the agreement for the proposed transfer for Nil consideration.

3. The closure of Lots 3 and 6 DP1217568 be advertised through Council’s usual mediums and notification be sent to affected landholders and the relevant authorities inviting submissions for a period no less than twenty eight (28) days.

4. Pursuant to s377(1)(h) of the Local Government Act, 1993 Council approve the transfer of Lots 3 and 6 DP1217568 to (Mrs Manwaring) subject to those lots being closed as public roads and there being no appeals against the road closure.

Carried

8.1.2 Final Quarter progress report on the 2019-2020 Plan of Management Delivery Program

Resolution 234/2020

Moved: Cr Leigh Bowden

Seconded: Cr Craig Stewart

The Report on the Final Quarter Progress Report on the 2019/2020 Plan of Management Delivery Program be noted.

Carried

8.1.3 Annual Local Government Association's National Local Roads and Transport Congress 2020

Resolution 235/2020

Moved: Cr Dennis Palmer

Seconded: Cr Penny Nicholson

Council resolved that the Manager Civil Works, Manager Technical Services and Cr Charlie Sheahan attend the Australian Local Government Association’s 2020 National Roads and Transport Congress being held in Wagga Wagga 6^th - 18^th November, 2020.

Carried

8.1.4 Amendments to the Model Code of Conduct and Model Code of Meeting Practice - Office of Local Government

Resolution 236/2020

Moved: Cr Doug Phillips

Seconded: Cr Dennis Palmer

1. The amendments to the Model Code of Conduct for Local Councils in NSW and Model Code of Meeting Practice for Local Councils in NSW as outlined in the reports and detailed in Circulars 20-31 and 20-32 attached to the report, be received and noted.

2. The Model Code of Conduct and Model Code of Meeting Practice be updated to include the amendments referred to in 1 above and be submitted to the Council at the Ordinary Meeting scheduled for 29^th September, 2020 for consideration and adoption.

Carried

8.1.5 Cootamundra Post Office Clock

Resolution 237/2020

Moved: Cr Dennis Palmer

Seconded: Cr Gil Kelly

1. Council approve payment of $2145 for the outstanding balance for work undertaken on the Post Office clock on the basis that there was a misunderstanding.

2. Under the Local Government Act, 1993 Section 356(2) a proposed recipient who acts for private gain is not ineligible to be granted financial assistance but must not receive any benefit under this section until at least 28 days’ public notice of the Council’s proposal to pass the necessary resolution has been given.

3. Correspondence be sent to the owner of the Post Office building with relation to the matter of securing the building.

Carried

8.1.6 Cootamundra Tourism Action Group s355 Committee Meeting - 6 August 2020 - Minutes

Resolution 238/2020

Moved: Cr Leigh Bowden

Seconded: Cr Penny Nicholson

The Minutes of the Cootamundra Tourism Action Group s355 Committee meeting held 6 August, 2020, attached to the report, be received and noted.

Carried

8.1.7 Showground Users Group s355 Committee Meeting - 15 July 2020 - Minutes

Resolution 239/2020

Moved: Cr Dennis Palmer

Seconded: Cr David Graham

1. The Minutes of the Committee Showground Users Group s355 Committee Meeting held 15 July, 2020 be received and noted

2. The following recommendations contained within the Minutes be considered:

I. Due to Covid-19, Council consider reducing the User Group Fees from $1000 to $500 for the 20/21 period.

Carried

8.1.8 Cootamundra Heritage Centre Management s355 Committee Meetings - 6 July and 3 August 2020 - Minutes

Resolution 240/2020

Moved: Cr Leigh Bowden

Seconded: Cr Penny Nicholson

The Minutes of the Cootamundra Heritage Centre Management s355 Committee Minutes of Meeting held on 6 July and 3 August, 2020, attached to the report, be received and noted.

Carried

8.1.9 Stockinbingal Ellwood's Hall s355 Committee - Minutes of Annual Meeting

Resolution 241/2020

Moved: Cr Charlie Sheahan

Seconded: Cr Craig Stewart

1. The Minutes of Stockinbingal Ellwood's Hall s355 Committee’s Annual General Meeting and Meeting held 23 July, 2020, attached to the report, be received and noted.

2. Applications for Committee Membership submitted by Lynn Basham and Susan Caldwell be endorsed by Council.

Carried

8.1.10 Information Bulletin

Resolution 242/2020

Moved: Cr Dennis Palmer

Seconded: Cr Gil Kelly

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

Carried

8.1.11 Updated Council Meeting Action Report

Resolution 243/2020

Moved: Cr Gil Kelly

Seconded: Cr Craig Stewart

The Updated Council Meeting Action Report be noted.

Carried

8.2 Finance

8.2.1 Investment Report - July 2020

Resolution 244/2020

Moved: Cr Dennis Palmer

Seconded: Cr David Graham

The Investment Report as at 31 July, 2020 be received and noted.

Carried

8.2.2 Updated Monthly Major Projects Program and Projects Schedule

Resolution 245/2020

Moved: Cr Doug Phillips

Seconded: Cr Charlie Sheahan

The Updated Monthly Major Projects Program Report, and Updated Monthly Major Projects Schedule, attached to the report, be received and noted.

Carried

8.2.3 Monthly Finance Report for July 2020

Resolution 246/2020

Moved: Cr David Graham

Seconded: Cr Charlie Sheahan

The Finance Report for July, 2020 be received and noted.

Carried

8.3 Community and Culture

8.3.1 Cootamundra-Gundagai Regional Council Recreation Needs Study Final Report

Resolution 247/2020

Moved: Cr Penny Nicholson

Seconded: Cr Leigh Bowden

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.

Carried

8.3.2 Banner Booking Conditions Policy

Resolution 248/2020

Moved: Cr Charlie Sheahan

Seconded: Cr Dennis Palmer

The Banner Booking Conditions Policy attached to the report be adopted.

Carried

8.3.3 Minutes of the Access and Inclusion Committee Meeting Held Thursday 30 July, 2020

Resolution 249/2020

Moved: Cr Charlie Sheahan

Seconded: Cr Penny Nicholson

1. The Minutes of the Access and Inclusion Committee Meeting held on Thursday 30 July, 2020 attached to the report, be received and noted.

2. A Draft Policy be developed on the Waiving of Development Application Fees for Upgrades to Business Access and a report be prepared for the consideration of Council at a future meeting.

Carried

8.4 Development, Building and Compliance

8.4.1 Adoption of draft Local Strategic Planning Statement

Resolution 250/2020

Moved: Cr Leigh Bowden

Seconded: Cr Penny Nicholson

Council adopt the Local Strategic Planning Statement attached to the report.

Carried

8.4.2 Proposed Hydroxy Airless Combustion System

Resolution 251/2020

Moved: Cr Charlie Sheahan

Seconded: Cr Leigh Bowden

1. The Report on the Hydroxy Airless Combustion system be noted.

2. Council facilitate EGEL with their trial plant by providing an appropriate site subject to the applicant undertaking a planning focus meeting with all stakeholders and agencies.

Carried

8.4.3 Development Applications Approved July 2020

Resolution 252/2020

Moved: Cr Dennis Palmer

Seconded: Cr Craig Stewart

The information on Development Applications Approved in July, 2020 be noted.

Carried

8.5 Regulatory Services

Nil

8.6 Assets

8.6.1 Integrated Water Cycle Management Strategy

Resolution 253/2020

Moved: Cr Charlie Sheahan

Seconded: Cr Dennis Palmer

1. The Report on the Integrated Water Cycle Management Strategy and role and Purpose of the Project Reference Group and CGRC Integrated Water Cycle Management Issues Paper attached to the report, be received and noted.

2. Council determine the membership of the Project Reference Group including, if desired, potential community representatives and be amended to include a representative from Goldenfields Water County Council.

CARRIED

8.7 Civil Works

8.7.1 Proposed Road Closure Lots 3 and 6 DP1217568 Part Rosehill Road

Item 8.7.1 Proposed Road Closure Lots 3 and 6 DP1217568 Part Rosehill Road was moved to follow item 8.1.1 Open forum Submissions.

8.7.2 Re-establishment of Alcohol Free Zones in Cootamundra

Resolution 254/2020

Moved: Cr Gil Kelly

Seconded: Cr David Graham

The proposed extensions to the Alcohol Free Zone in Cootamundra, as detailed, to be implemented for a four 4 year period being 1 May, 2020 to 30 April, 2024 be adopted as follows:

· Parker Street between Mackay & O’Donnell Streets;

· Bourke Street between Cooper and Parker Laneways;

· Wallendoon Street between Parker Lane and Hovell Street;

· Hovell Street between Wallendoon and Mackay Streets;

· Hovell Lane between Wallendoon and Mackay Streets; and

· Extended to include the Parker and Cooper Laneways (either side of Parker Street) between Wallendoon and Adams Street.

Carried

8.7.3 Civil Works and Technical Services Report - August 2020

Resolution 255/2020

Moved: Cr Dennis Palmer

Seconded: Cr David Graham

The Civil Works and Technical Services Report for the month of August, 2020 be received.

Carried

8.8 Technical Services

Nil

8.9 Facilities

Nil

8.10 Waste, Parks and Recreation

Nil

9 Motion of which Notice has been Given

Nil

10 Questions with Notice

Nil

11 Confidential Items

11.1 Closed Council

Resolution 256/2020

Moved: Cr Dennis Palmer

Seconded: Cr Penny Nicholson

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

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

11.2 Mayoral Minute - General Managers Review

Provisions for Confidentiality

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

Public Interest

Not applicable.

Carried

11.2 Mayoral Minute - General Managers Review

Note: having disclosed a Pecuniary Interest in this item Phillip McMurray (General Manager) left the Meeting

Resolution 257/2020

Moved: Cr Dennis Palmer

Seconded: Cr David Graham

The Report on the General Manager’s Performance Review for the period of 1^st January, 2020 to 30^th June, 2020 be noted.

Carried

11.3 Resumption of Open Council Meeting

Resolution 258/2020

Moved: Cr Doug Phillips

Seconded: Cr Dennis Palmer

The Open Council meeting resume.

Carried

11.4 Announcement of Closed Council Resolutions

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

The Meeting closed at 7:44 PM.

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 29 September 2020.

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

CHAIRPERSON GENERAL MANAGER

Ordinary Council Meeting Agenda

29 September 2020

8.4 Development, Building and Compliance

8.4.1 Development Application - 110/2020 - Pump Track - Lot 7009 DP1021379, Bourke Street, Cootamundra

DOCUMENT NUMBER

335629

REPORTING OFFICER

Sharon Langman, Manager Development, Building and Compliance

AUTHORISING OFFICER

Phillip McMurray, General Manager

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

3.2 Our built environments support and enhance liveability

FINANCIAL IMPLICATIONS

There are no financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

Council needs to assess each application on its individual merits in accordance with legislative requirements and timeframe.

POLICY IMPLICATIONS

There are no policy implications associated with this report.

ATTACHMENTS

Nil

Recommendation

Council approve development application 110/2020 for a pump track on Lot 7009 DP1021379, Bourke Street, Cootamundra, subject to the following conditions:

GENERAL

1. Compliance with plans

The developer shall carry out the development generally in accordance with the following plans and documentation:

Development application form dated 15 July 2020, submitted 17 August 2020
Summary Environmental Report dated 6 July 2020, submitted 17 August 2020
The following plans prepared by Trailscapes Pty Ltd:
Drawing No:	Issue/Version	Content	Date of Plan	Date lodged
20027 SK01	B	Concept Plan	03 July 2020	17 August 2020
20027 SK02	B	Concept Section	03 July 2020	17 August 2020
Survey Plan drawn by CMS Surveyors title 19376 detail dated 18/05/2020

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

2. 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.

3. 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 he approved plan/documents and conditions of consent.

PRIOR TO CONSTRUCTION

4. Tree protection

Existing trees located on site and not identified for removal shall be protected during the construction period.

Reason: The amount of vegetation in the Cootamundra-Gundagai Regional Council Area should continue to increase to improve climate and appearance.

5. Utilities

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

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

6. Section 7.12 Contribution

The applicant shall pay all monies relating to Section 7.12 Contributions prior to the commencement of works.

Section 7.12 contributions are calculated on the estimated cost of the development as specified on the Development Application at the time of lodgement. The cost of development as lodged is $165,000; the applicable percentage of contribution under Cootamundra-Gundagai Regional Council Section 7.12 Contributions Plan is 0.5% of the development cost. The amount payable is $825.00.

Reason: To ensure that the applicable developer contributions are paid in accordance with Cootamundra-Gundagai Regional Council Section 7.12 Contributions Plan.

7. Imported fill material

Any and all imported fill material shall be from an approved source. Prior to use of fill on site the applicant shall submit to Council details of the source of fill, haul route and documentary evidence that the fill material is free from contaminants.

Reason: To ensure that all imported fill material transported to the site is not contaminated and is suitable for use.

8. Public Safety

A hoarding or fence must be erected between the construction site and the public place (street frontage). If necessary, an awning sufficient to prevent any substance from, or in connection with, the works falling onto a public place is also to be erected. Such hoardings required separate approval by Council and must comply with the requirements of SafeWork NSW.

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 construction site shall restrict entry by members of the public or equipment to the site when construction work is in progress or the site is otherwise unoccupied.

Reason: To protect the general public.

DURING CONSTRUCTION

9. Hours of construction

Construction site works including the entering and leaving of vehicles is limited to the following hours:

Monday to Saturday from 8:00am to 6:00pm

Sunday and public holidays from 9:00am to 12 noon.

Reason: To protect the amenity of the neighbourhood.

10. Waste storage during construction

Provision shall be made on site for the proper storage and disposal of waste such that no waste shall be left in the open. Specific attention should be given to items which are subject to relation by the action of the wind.

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

11. Soil erosion control

Site erosion measure shall be incorporated into site management during construction. Seepage and surface water shall be collected and diverted clear of the construction 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.

DURING OPERATION

12. 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.

13. 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, wastewater, 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.

Introduction

This proposal is for the installation of a Pump Track by Council on Council land. In accordance with delegations issued to staff applications by Council or that involve Council land need to be referred to Council for determination.

Discussion

PROPOSAL:

Recreation Facility (Outdoor) - Installation of a Pump Track

It is proposed to install a pump track at Fisher Park adjacent to the existing skate park. The track will consist of an asphalt surface with berms and mounds in a modified figure eight configuration.

SITE:

The proposal is to be located in Fisher Park adjacent to the existing skate park. The site has frontage to Adams, Murray, Bourke and Crown Streets and is surrounded by a mix of commercial, residential and recreation land uses with good vehicular and pedestrian access. The site has kerb and gutter to all sides as well as bitumen sealed road frontage. It is situated one block to the west of Cootamundra commercial area.

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

The proposal is not integrated, designated, crown or advertised development.

GENERAL REQUIREMENTS OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979:

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

The sections of these Acts require Council to consider whether the development or activity is likely to significantly impact on threatened species, their populations or ecological communities. It is unlikely that this proposal will significantly affect threatened species, populations or ecological communities, for the following reasons:

Biodiversity Conservation Act 2016

The site has not been declared as an area of outstanding biodiversity value and the development does not exceed the biodiversity offset scheme thresholds. Furthermore, there are no trees to be removed and some ground disturbance as a result of this proposal. The site is within the urban environment, within an existing sporting precinct, it is not known to provide habitat for threatened species, nor is it part of a corridor.

Fisheries Management Act 1994

The development does not involve any waterways, watercourses or drains, nor is there any evidence of declared critical habitat in the vicinity of the site.

2.22 Mandatory community participation requirements

Part 1 of Schedule 1 sets the requirements for community participation by planning authorities in the discharge of their planning functions and includes the notification of development applications. Relevantly:

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

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

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

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

(c) otherwise—14 days.

The proposal does not trigger the notification provisions of CGRC Community Participation plan. Accordingly, the proposal was not notified.

4.5 Designation of consent authority

This proposal is not state or regionally significant, Council is therefore the consent authority.

4.10 Designated Development

The proposal is not designated development in accordance with the provisions of Schedule 3 of the Environmental Planning and Assessment Regulation.

4.13 Consultation and concurrence

If required by an EPI, Council is required to consult or obtain concurrence of the agency. No consultation is required by an EPI.

4.14 Consultation and development consent—certain bush fire prone land

The site is not mapped as being bush fire prone land. Accordingly, no referral or consultation was undertaken with the NSW RFS.

4.22 Concept development application

The proposal does not involve concept development as defined by the Act.

4.33 Determination of Crown development applications

The proposal is not a Crown development.

4.36 Development that is State Significant Development

The proposal is not State Significant development as defined by the Act.

4.46 Integrated Development

This refers to development that cannot be undertaken unless a licence or permit is issued by another authority. No other permits or licences are required therefore the proposal is not integrated development.

4.55 Modifications of consents – generally

The application is not a modification of a previous consent.

SECTION 4.15 CONSIDERATIONS:

4.15(1)(a)(i) - Provisions of any Environmental Planning Instrument:

State Environmental Planning Policies (SEPPs) and deemed SEPPs

The following SEPPs are relevant to the development:

SEPP No. 55 – Remediation of Land

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

SEPP No. 64 – Advertising and Signage

Alteration to onsite signage is not proposed as part of this application.

SEPP (Infrastructure) 2007

The sections of this policy that are relevant to an assessment of this application are detailed as follows:

§ Clause 45 (Determination of development applications—other development) applies to a development application for development in proximity to electricity infrastructure (e.g within 5 metres of an exposed overhead power line). The development does not meet these, therefore no referral to Essential Energy was required.

§ Clause 66(C) (Development adjacent to corridor) applies to developments adjacent to a gas pipeline corridor. This development is not adjacent a gas pipeline, the pipeline is located on the western side of Cootamundra.

§ Division 15, Subdivision 2 (Development in or adjacent rail corridors), including Clauses 84, 85, 86 and 87. The site is not within the railway corridor and therefore this division is not applicable.

§ Clause 101 (Development with frontage to classified road). The proposal is on land that has frontage to a State Highway, which for the purposes of ISEPP is a classified road. Nonetheless the proposal will not impact upon traffic safety nor will it alter vehicular access to the land. The proposal will not produce emissions or increase the volume of traffic access the site or using the road. Accordingly, this clause is satisfied. does not apply as the site does not front a classified road.

§ Clause 102 (Impact of road noise or vibration on non-road development), is not applicable to this proposal 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), does not apply, as the type and scale of development is not identified in the Schedule.

Local Environmental Plan (LEP)

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

1.2 Aims of Plan

Whilst not actively working towards each of the following aims of the LEP, it does not compromise them, or prevent them from being achieved.

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

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

(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.

1.4 Definitions

The proposed development is defined as a:

recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).

1.6 Consent authority

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

1.9A Suspension of covenants, agreements and instruments

The application does not identify any covenants on the land.

2.1 Land use zones

The site is zoned RE1 Public Recreation and the proposal is permissible in the zone with development consent.

2.3 Zone objectives

Under this clause Council must have regard to the objectives of the zone when determining the development. The development is consistent with the following objectives in that it enables the land to be used for recreational purposes and range of activities that are compatible with the existing land use.

· To enable land to be used for public open space or recreational purposes.

· To provide a range of recreational settings and activities and compatible land uses.

· To protect and enhance the natural environment for recreational purposes.

2.7 Demolition requires development consent

No demolition is proposed to be undertaken as part of this development.

5.10 Heritage conservation

The site is not in a heritage conservation area, does not contain an item of environmental heritage, nor is it in the vicinity of an item of environmental heritage.

6.1 Earthworks

No earthworks are proposed or required.

6.2 Flood planning

The site is mapped as being within an area impacted by the 1% AEP flood event on the Flood Map. This clause requires a consent authority to consider if the proposal:

· is compatible with the flood hazard of the land;

· will significantly affect flood behaviour resulting in detrimental increases in flood affectations of other properties;

· incorporates measures to manage risk to life from flood;

· will significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian corridors or reduction in riverbank or watercourse stability;

· will result in unsustainable social and economic costs to the community as a consequence of flooding.

The installation of a pump track is unlikely to have an impact on flood behaviour in the area. Similarly, the management of all Council facilities have evacuation and risk assessments included thereby limiting any potential risk to life from flood events for people using this facility.

6.3 Biodiversity protection

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, and the whole of the site has been identified as being affected. The objective of this clause is to maintain the hydrological functions of key groundwater systems and protect them from depletion and contamination.

Before determining a development application for development on land to which this clause applies, the consent authority must consider the likelihood of groundwater contamination from the development, adverse impacts the development may have on groundwater dependent ecosystems, cumulative impact the development may have on groundwater, and any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

Council has considered this issue and given that the proposal is for the installation of a pump track at an existing recreation area it is unlikely that there will be any impact on groundwater as a result of this proposal.

6.5 Riparian land and watercourses

This clause applies to land that is identified as a watercourse on the Watercourses Map, the site is not mapped as being affected; accordingly, this clause is not applicable.

6.6 Salinity

This clause applies to land identified as dryland salinity on the Natural Resources Land Map, the site is not mapped as being affected; 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, the site is not mapped as being affected; 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. This proposal is for a pump track and will not penetrate the Limitation or Operations Surface of the Cootamundra Airport; accordingly, this clause is not applicable.

6.9 Essential Services

This clause is only applicable to land that is zoned Zone RU4 Primary Production Small Lots, and Zone R5 Large Lot Residential. This site is zoned RE1 Public Recreation, accordingly, this clause is not applicable.

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 LEP’s which apply to this land.

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

The Cootamundra Development Control Plan (DCP) applies to the land, and the provisions are discussed as follows:

§ Chapter 1 – General information

- Section 1.7 - Notification of Development Applications: The provisions of the Community Participation Plan takes precedence over this section of the DCP (see comments above in Section 2.22)

§ Chapter 2 - Residential Development - Does not apply to this type of development.

§ Chapter 3 - Business & Industrial Development - Does not apply to this zone.

§ Chapter 4 – Subdivision – The development is not a subdivision.

§ Chapter 5 – Car parking and vehicle access – There are no specific parking provisions for this type of development in the DCP. Nonetheless the proposal is for another form of public recreation in an area used for recreation in an area surrounding by sporting and recreation facilities. It is not envisaged that the proposal will generate a need for additional carparking facilities to that currently existing on site.

§ Chapter 6 – Environmental Management – Not applicable as land is not bushfire prone, flood prone or potentially contaminated.

§ Chapter 7 – Heritage – The site does not contain an item of environmental heritage, is not in the vicinity of a site of environmental heritage and is not within a heritage conservation area. Accordingly, this chapter is not applicable.

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

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

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

Council has considered the following matters as prescribed by Regulations:

Clause 92 (Additional matters for consideration): -

§ the development application does not involve the demolition of a building. Some spectator seating is to be removed and this is to occur in compliance with the provisions of AS2601-2001,

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

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

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

Clause 93 (Fire safety and other considerations)

§ this clause is not applicable as there is no building proposed.

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 surrounding land is a mix of recreation, commercial, and residential uses. The proposal is contained within an existing open space/sporting precinct of Cootamundra.

The development is for the installation of a pump track adjacent the existing skate park. It is considered that due to the low-level nature of the proposed (maximum 1.2m) and the earth construction with bitumen seal that it will not detrimentally detract from the existing visual amenity. No trees are to be removed for the installation of the proposal. The use of the area for public recreation will not change as a result of this proposal and the installation will have little or no impact on the character and amenity of the area. The use is still recreation in nature and is unlikely to alter as a result of this proposal. There will no greater impact on adjacent land uses, as a result of the development, in terms of overshadowing, views or acoustic privacy

Access, Transport and Traffic

The installation of a pump track at the premises, may in the short-term increase traffic movements to the site. However, it is expected that the volume, times and types of vehicles entering the site will not impact on traffic movement of carparking arrangements in the immediate locality.

Public Domain

The development will not impact negatively in terms of such things as recreational opportunities, or the amount, location, design, use and management of public spaces. Rather it is likely that the proposal will result in a positive impact by providing additional recreational opportunities and use of the public domain.

Utilities

There are no changes proposed or required in relation to water, sewer, phone, gas, stormwater or power. No section 64 charges are applicable.

Heritage

The site does not contain, nor is it in the vicinity of, an item of environmental heritage nor is the site located within a heritage conservation area.

Other Land Resources

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

Water

Reticulated water is available to the premises and this will not alter as a result of this proposal.

Soil

The development will have no 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.

Air and Microclimate

The development will have no effect on air quality and microclimatic conditions in terms of existing air quality or pollution.

Flora and Fauna

The development does not result in the removal of any trees or groundcover, and therefore, the development 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 development will not result in any additional waste generation from the premises, nor will it impact upon waste collection or disposal.

Energy

There will be little or no impact in this regard.

Noise and Vibration

The development will not create any noise or vibration upon completion. It is acknowledged that the development and premises may be subject to noise and vibration from the operation during construction. Nonetheless the sport precinct has been in existence for a considerable amount of time and the addition of a pump track will not significantly alter the vibration and noise that the premises currently experiences or generates.

Natural Hazards

There are no known risks to people, property or the biophysical environment from – geologic or soil instability, bushfire. The issue of flooding has been discussed elsewhere in this report.

Technological hazards

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

Safety, security and crime prevention

It is not considered that the development will impact on the security and safety of adjoining properties.

Social Impacts in the Locality

It is not considered that the development will have a negative social impact in terms of the health and safety of the community, social cohesion, community structure, character, values or beliefs, social equity, socio-economic groups or the disadvantaged, and social displacement. Rather there is likely to be some positive benefits in permitting additional recreational opportunities to the community.

Economic Impact in the Locality

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

Site Design and Internal Design

The site is suitable for the development and the development design takes account of the existing site features and vegetation.

Construction Matters

The works do not require a construction certificate as a pump track is not considered to be a building in accordance with the provisions of the National Construction Code.

Cumulative impacts

Cumulative impacts identified with this proposal relate to the accumulation of people and vehicles at the site at any given time. The use, being new is likely to attract a great deal initial interest and traffic movement associated with this visitation. Nonetheless, the site is located in a sporting/recreation precinct with adequate road and traffic infrastructure and carparking facilities on site to cater for the likely increase in traffic that is likely to be generated by interest in this facility.

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

Does the proposal fit in the locality?

The development will result in a development that fits in the locality. There are no constraints posed by adjacent developments that would prohibit the development. 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 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 development will not prejudice future agricultural production and there are no known mineral or extractive resources on the site. This issue of flooding has been discussed previously.

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

Nil submissions received.

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

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

Staff are not aware of any other policy statements from either Federal or State Government that are relevant to this proposal, nor any planning studies or strategies. There is no management plan that is applicable to a development of this nature, and no codes or guidelines. The issue of easements has been discussed above.

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 contribution.

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 does not apply to this development.

Section 7.12 Contributions Plans

The Cootamundra-Gundagai Regional Council Section 7.12 Fixed Development Consent Levy Contributions Plan 2018 requires a levy be paid as a percentage of the cost of construction. This proposal meets the minimum threshold for the payment of a contribution under this plan, accordingly a levy is payable as a condition of consent prior to the release of a construction certificate. The rate applicable to this development is 0.5% of the proposed cost of development. In this instance the cost of development is $165,000 and therefore the payable contribution is $8,250.

Disclosure of political donations and gifts:

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

CONCLUSION:

Council has considered the all matters under the relevant legislation, and it considers that the proposed development is appropriate having regard to those matters, and that any impacts can be managed through appropriate conditions.

Ordinary Council Meeting Agenda

29 September 2020

8.4.2 Development Application 109/2020 - Internal Rock Climbing Wall - Lot 1 DP7740, Adams Street, Cootamundra

DOCUMENT NUMBER

335654

REPORTING OFFICER

Sharon Langman, Manager Development, Building and Compliance

AUTHORISING OFFICER

Phillip McMurray, General Manager

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

3.2 Our built environments support and enhance liveability

FINANCIAL IMPLICATIONS

There are no financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

Council needs to assess each application on its individual merits in accordance with legislative requirements and timeframe.

POLICY IMPLICATIONS

There are no policy implications associated with this report.

ATTACHMENTS

Nil

Recommendation

Council approve development application 109/2020 for an internal rock climbing wall Lot 1 DP758287, Adams Street, Cootamundra, subject to the following conditions:

GENERAL

1. Compliance with plans

The developer shall carry out the development generally in accordance with the following plans and documentation:

Development application form dated 23 July 2020, submitted 17 August 2020
Summary Environmental Report dated 22 July 2020, submitted 17 August 2020
The following plans prepared by Summit Climbing Walls:
Drawing No:	Issue/Version	Content	Date of Plan	Date lodged
-	-	Project Proposal	03 July 2020	17 August 2020
Floor Plan, undated, submitted 17 August 2020

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

2. 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.

3. Inconsistencies between approved plans/documents and conditions of consent

Reason: To manage any inconsistencies between he approved plan/documents and conditions of consent.

PRIOR TO CONSTRUCTION

4. Prior to work commencing

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

a) 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

b) the person having the benefit of the development consent has:

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

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

c) the principal certifying authority has, no later than 2 days before building commences:

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

· 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 of the building work, and

d) the person having the benefit of the development consent, if not carrying out the work as an owner-builder, has:

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

· notified the principal certifying authority of any such appointment, and

· 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 Regulation.

5. Site 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:

· statement that unauthorised entry to the site is not permitted

· 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, and

· 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 and Assessment Regulation.

6. 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 a t least 2 days prior to work commencing.

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

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

7. Additional details

The applicant shall submit to Council prior to issue of a construction certificate a structural engineer is to provide a design for any structural changes to the existing building and for the proposed climbing wall.

Reason: To ensure the structural adequacy of the building is maintained.

8. Payment of developer contributions

The applicant shall pay all monies relating to Section 7.12 Contributions prior to the commencement of works. Section 7.12 contributions are calculated on the estimated cost of the development as specified on the Development Application at the time of lodgement. The cost of development as lodged is $200,000; the applicable percentage of contribution under Cootamundra-Gundagai Regional Council Section 7.12 Contributions Plan is 0.5% of the development cost. The amount payable is $1,000.00.

Reason: To ensure that the applicable developer contributions are paid in accordance with Cootamundra-Gundagai Regional Council Section 7.12 Contributions Plan.

9. Clause 94 consideration

In determining the development application Council has considered it would be appropriate to require the existing building to be partially upgraded to meet the Building Code of Australia. In this regard the building will require a current annual fire safety statement, egress paths, door hardware and fire services to be upgraded on the ground floor of the building. A plan demonstrating this is to be submitted prior to the issue of a construction certificate.

Reason: To ensure regulatory compliance.

10. Construction management and egress plan

If the building is to be used or occupied whilst construction is underway a detailed construction management and egress plan is to be submitted to Council prior to the issue of a construction certificate.

Reason: To ensure safety of occupants.

DURING CONSTRUCTION

11. 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.

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

12. Hours of construction

Construction site works including the entering and leaving of vehicles is limited to the following hours:

Monday to Saturday from 8:00am to 6:00pm

Sunday and public holidays from 9:00am to 12 noon

Reason: To protect the amenity of the neighbourhood.

13. 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.

POST CONSTRUCTION

14. Occupation certificate

A person must not commence occupation or use of the whole or any part of the building 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 the building.

ONGOING USE

15. Annual Certification

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 and 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.

16. Hours of operation

The development shall only be conducted between the hours of:

Monday to Sunday – 8:00am to 10:00pm

17. 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.

18. Amenity general

The development is to be conducted in a manner that will not interfere with the amenity of the locality be reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, wastewater, 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.

Introduction

This proposal is for the installation of an Internal Rock Climbing Wall by Council on Council land, being the Cootamundra Sports Stadium. In accordance with delegations issued to staff applications by Council or that involve Council land need to be referred to Council for determination.

Discussion

PROPOSAL:

Recreation Facility (Indoor) - Installation of Rock Climbing Wall

It is proposed to remove some spectator seating within the sports stadium and install an internal rock climbing wall in the stadium. The climbing wall is to be installed on the wall of the multi purpose room in the existing stadium complex. The climbing wall is proposed to be 11m in length and 7.5m high constructed as a modular system. The wall will have approximately 90m² of climbing surface with approximately 450 climbing holds in a variety of types including jugs, crimps, pinches, slopers, rails and footers. Custom made landing mats to suit the wall shape are to be installed at the base of the wall.

SITE:

The building, the Cootamundra Sports Stadium is located in Fisher Park. The building faces Adams Street with associated parking areas in front of the building. The building is situated toward the centre of the site and is surrounding by sporting fields and tennis courts.

The site has frontage to Adams, Murray, Bourke and Crown Streets and is surrounded by a mix of commercial, residential and recreation land uses with good vehicular and pedestrian access. The site has kerb and gutter to all sides as well as bitumen sealed road frontage. It is situated one block to the west of Cootamundra commercial area.

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

The proposal is not integrated, designated, crown or advertised development.

GENERAL REQUIREMENTS OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979:

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

Biodiversity Conservation Act 2016

The site has not been declared as an area of outstanding biodiversity value and the development does not exceed the biodiversity offset scheme thresholds. Furthermore, there are no trees to be removed and no ground disturbance as a result of this proposal. The site is within the urban environment, within an existing building, it does not provide habitat for threatened species, nor is it part of a corridor.

Fisheries Management Act 1994

The development does not involve any waterways, watercourses or drains, nor is there any evidence of declared critical habitat in the vicinity of the site.

2.22 Mandatory community participation requirements

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

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

(c) otherwise—14 days.

The proposal does not trigger the notification provisions of CGRC Community Participation plan. Accordingly, the proposal was not notified.

4.5 Designation of consent authority

This proposal is not state or regionally significant, Council is therefore the consent authority.

4.10 Designated Development

The proposal is not designated development in accordance with the provisions of Schedule 3 of the Environmental Planning and Assessment Regulation.

4.13 Consultation and concurrence

If required by an EPI, Council is required to consult or obtain concurrence of the agency. No consultation is required by an EPI.

4.14 Consultation and development consent—certain bush fire prone land

The site is not mapped as being bush fire prone land. Accordingly, no referral or consultation was undertaken with the NSW RFS

4.22 Concept development application

The proposal does not involve concept development as defined by the Act.

4.33 Determination of Crown development applications

The proposal is not a Crown development.

4.36 Development that is State Significant Development

The proposal is not State Significant development as defined by the Act.

4.46 Integrated Development

4.55 Modifications of consents – generally

The application is not a modification of a previous consent.

SECTION 4.15 CONSIDERATIONS:

4.15(1)(a)(i) - Provisions of any Environmental Planning Instrument:

State Environmental Planning Policies (SEPPs) and deemed SEPPs

The following SEPPs are relevant to the development:

SEPP No. 55 – Remediation of Land

SEPP No. 64 – Advertising and Signage

Alteration to onsite signage is not proposed as part of this application.

SEPP (Infrastructure) 2007

The sections of this policy that are relevant to an assessment of this application are detailed as follows:

§ Clause 45 (Determination of development applications—other development) applies to a development application for development in proximity to electricity infrastructure (e.g within 5 metres of an exposed overhead power line). The development does not meet this criteria as it is not within 5 metres of an overhead line, therefore no referral to Essential Energy was required.

§ Clause 102 (Impact of road noise or vibration on non-road development), is not applicable to this proposal 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), does not apply, as the type and scale of development is not identified in the Schedule.

Local Environmental Plan (LEP)

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

1.2 Aims of Plan

Whilst not actively working towards each of the following aims of the LEP, it does not compromise them, or prevent them from being achieved.

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

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

(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.

1.4 Definitions

The proposed development is defined as a:

recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club..

1.6 Consent authority

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

1.9A Suspension of covenants, agreements and instruments

The application does not identify any covenants on the land.

2.1 Land use zones

The site is zoned RE1 Public Recreation and the proposal is permissible in the zone with development consent.

2.3 Zone objectives

· To enable land to be used for public open space or recreational purposes.

· To provide a range of recreational settings and activities and compatible land uses.

· To protect and enhance the natural environment for recreational purposes.

2.7 Demolition requires development consent

Some demolition of internal seating is required to allow the installation of a rock climbing wall. The demolition is to occur in accordance with the provisions of AS 2601-2001.

5.10 Heritage conservation

The site is not in a heritage conservation area, does not contain an item of environmental heritage, nor is it in the vicinity of an item of environmental heritage.

6.1 Earthworks

No earthworks are proposed or required.

6.2 Flood planning

The site is mapped as being within an area impacted by the 1% AEP flood event on the Flood Map. This clause requires a consent authority to consider if the proposal:

· is compatible with the flood hazard of the land;

· will significantly affect flood behaviour resulting in detrimental increases in flood affectations of other properties;

· incorporates measures to manage risk to life from flood;

· will significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian corridors or reduction in riverbank or watercourse stability;

· will result in unsustainable social and economic costs to the community as a consequence of flooding.

The installation of rock climbing wall in the existing sports stadium is unlikely to have an impact on flood behaviour in the area. Similarly, the management of all Council facilities have evacuation and risk assessments included thereby limiting any potential risk to life from flood events for people using this facility.

6.3 Biodiversity protection

6.4 Groundwater vulnerability

Council has considered this issue and given that the proposal is for the installation of a rock climbing wall internally of an existing facility it is unlikely that there will be any impact on groundwater as a result of this proposal.

6.5 Riparian land and watercourses

This clause applies to land that is identified as a watercourse on the Watercourses Map, the site is not mapped as being affected; accordingly, this clause is not applicable.

6.6 Salinity

This clause applies to land identified as dryland salinity on the Natural Resources Land Map, the site is not mapped as being affected; 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, the site is not mapped as being affected; 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. This proposal is for an internal rock climbing wall and will not penetrate the Limitation or Operations Surface of the Cootamundra Airport; accordingly, this clause is not applicable.

6.9 Essential Services

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 LEP’s which apply to this land.

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

The Cootamundra Development Control Plan (DCP) applies to the land, and the provisions are discussed as follows:

§ Chapter 1 – General information

- Section 1.7 - Notification of Development Applications: The provisions of the Community Participation Plan takes precedence over this section of the DCP (see comments above in Section 2.22)

§ Chapter 2 - Residential Development - Does not apply to this type of development.

§ Chapter 3 - Business & Industrial Development - Does not apply to this zone.

§ Chapter 4 – Subdivision – The development is not a subdivision.

§ Chapter 5 – Car parking and vehicle access – There are no specific parking provisions for this type of development in the DCP. Nonetheless the proposal is for another form of public recreation in an existing building used for recreation in an area surrounding by sporting and recreation facilities. It is not envisaged that the proposal will generate a need for additional carparking facilities to that currently existing on site.

§ Chapter 6 – Environmental Management – Not applicable as land is not bushfire prone, flood prone or potentially contaminated.

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

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

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

Council has considered the following matters as prescribed by Regulations:

Clause 92 (Additional matters for consideration):

§ the development application does not involve the demolition of a building. Some spectator seating is to be removed and this is to occur in compliance with the provisions of AS2601-2001,

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

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

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

Clause 93 (Fire safety and other considerations)

- the development is for a climbing wall internal of an existing building so is considered an alteration. This clause does not apply.

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

- the development is for a climbing wall internal of an existing building. The existing building is a mix of colorbond and brick construction of varying heights, currently used as a sporting complex for public recreation

- This clause applies to a development application for development involving the alteration of an existing building where the measures contained in the building are inadequate facilitate their egress from the building, in the event of fire,

- In determining a development application to which this clause applies, a consent authority is to take into consideration whether it would be appropriate to require the existing building to be brought into total or partial conformity with the Building Code of Australia.

- The building will require the egress paths, door hardware and fire services to be upgraded on the ground floor of the building. Further details will be required to be provided with the Construction Certificate application.

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 surrounding land is a mix of recreation, commercial, and residential uses. The proposal is contained within an existing open space/sporting precinct of Cootamundra.

The development is for the installation of an internal climbing wall in the stadium building and will not be visible external of the building. The use of the building for public recreation will not change as a result of this proposal and the installation will have little or no impact on the character and amenity of the area. The use is still recreation in nature and is unlikely to alter as a result of this proposal. There will no greater impact on adjacent land uses, as a result of the development, in terms of overshadowing, views or acoustic privacy

Access, Transport and Traffic

The installation of a climbing wall at the premises, may in the short-term increase traffic movements to the site. However, it is expected that the volume, times and types of vehicles entering the site will not impact on traffic movement of carparking arrangements in the immediate locality.

Public Domain

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

Utilities

There are no changes proposed or required in relation to water, sewer, phone, gas, stormwater or power. No section 64 charges are applicable.

Heritage

The site does not contain, nor is it in the vicinity of, an item of environmental heritage nor is the site located within a heritage conservation area.

Other Land Resources

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

Water

Reticulated water is available to the premises and this will not alter as a result of this proposal.

Soil

Air and Microclimate

The development will have no effect on air quality and microclimatic conditions in terms of existing air quality or pollution.

Flora and Fauna

Waste

The development will not result in any additional waste generation from the premises, nor will it impact upon waste collection or disposal.

Energy

There will be little or no impact in this regard.

Noise and Vibration

The development will not create any noise or vibration upon completion. It is acknowledged that the development and premises may be subject to noise and vibration from the operation during construction and removal of the spectator seating. Nonetheless the building has been in existence for a considerable amount of time and the addition of an internal climbing wall will not alter the vibration and noise that the premises currently experiences or generates.

Natural Hazards

There are no known risks to people, property or the biophysical environment from – geologic or soil instability, bushfire. The issue of flooding has been discussed elsewhere in this report.

Technological hazards

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

Safety, security and crime prevention

It is not considered that the development will impact on the security and safety of adjoining properties.

Social Impacts in the Locality

Economic Impact in the Locality

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

Site Design and Internal Design

The development is suitable for the use of the building and providing additional recreational opportunities to the community.

Construction Matters

Some internal alterations and construction is required to establish the rock climbing wall and this will be subject to a construction certificate.

Cumulative impacts

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

Does the proposal fit in the locality?

Are the site attributes conducive to development?

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

Nil submissions received.

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

Overall, the proposal would not contravene the public interest.

OTHER MATTERS:

Section 7.11 and 7.12 Contributions Policies:

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 does not apply to this development.

Section 7.12 Contributions Plans

Disclosure of political donations and gifts:

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

Ordinary Council Meeting Agenda

29 September 2020

Activities Approval Policy (Local Government Act 1993)

Policy Approval and Distribution

1. Approved by	2. Council resolution
3. Responsible Officer	4. Manager, Development, Building and Compliance
5. Council Service Unit	6. Development, Building and Compliance
7. Next Review Date	8. dd-MMM-yyyy

Version Control

9. Ref	10. Date	11. Description	12. Resolution Number
13. 0.1	14. 29-09-2020	15. Presented to Council to facilitate public exhibition	16. TBA
17.	18.	19. Presented to Council for Adoption.	20.

Purpose

The purpose of this Policy is to establish and outline specific activities that may be carried out without the need to obtain approval from Council under certain circumstances, and to set criteria for those activities where approval from Council is required.

The objectives of the Policy are to:

· Make our towns and villages more liveable and friendly.

· Enhance the character of the urban environment.

· Provide for the appropriate use of footpaths, plazas and public areas that will;

o Contribute positively to the streetscape character,

o Boost trade for retailers,

o Enhance opportunities for social interaction

o Promote activities that are compatible with other community uses of the public space

o Ensure safety and accessibility for all users.

The Activities Approval Policy has been developed and adopted under Chapter 7, Part 3 of the Local Government Act 1993 (the Act). The Policy is divided into three parts:

· Part 1: Exemptions from activity approvals

· Part 2: Criteria for activity approvals

· Part 3: Other matters relating to activity approvals

Scope

This Policy applies to the activities requiring approval from Council as listed in Section 68 of the Local Government Act 1993, and sets out the circumstances in which Council will not require an activity approval to be obtained.

21. PART A - STRUCTURES OR PLACES OF PUBLIC ENTERTAINMENT
22. 1	23. Install a manufactured home, moveable dwelling or associated structure on land
24. PART B - WATER SUPPLY, SEWERAGE & STORMWATER DRAINAGE WORK
25. 1	26. Carry out water supply work
27. 2	28. Draw water from a council water supply or a standpipe or sell water so drawn
29. 3	30. Install, alter, disconnect or remove a meter connected to a service pipe
31. 4	32. Carry out sewerage work
33. 5	34. Carry out stormwater drainage work
35. 6	36. Connect a private drain or sewer with a public drain or sewer under the control of a council or with a drain or sewer which connects with such a public drain or sewer
37. PART C - MANAGEMENT OF WASTE
38. 1	39. For fee or reward, transport waste over or under a public place
40. 2	41. Place waste in a public place
42. 3	43. Place a waste storage container in a public place
44. 4	45. Dispose of waste into a sewer of the council
46. 5	47. Install, construct or alter a waste treatment device or a human waste storage facility or a drain connected to any such device or facility
48. 6	49. Operate a system of sewage management (within the meaning of section 68A)
50. PART D - COMMUNITY LAND
51. 1	52. Engage in a trade or business
53. 2	54. Direct or procure a theatrical, musical or other entertainment for the public
55. 3	56. Construct a temporary enclosure for the purpose of entertainment
57. 4	58. For fee or reward, play a musical instrument or sing
59. 5	60. Set up, operate or use a loudspeaker or sound amplifying device
61. 6	62. Deliver a public address or hold a religious service or public meeting
63. PART E - PUBLIC ROADS
64. 1	65. Swing or hoist goods across or over any part of a public road by means of a lift, hoist or tackle projecting over the footway
66. 2	67. Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as to overhang any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road
68. PART F - OTHER ACTIVITIES
69. 1	70. Operate a public car park
71. 2	72. Operate a caravan park or camping ground
73. 3	74. Operate a manufactured home estate
75. 4	76. Install a domestic oil or solid fuel heating appliance, other than a portable appliance
77. 5	78. Install or operate amusement devices
79. 7	80. Use a standing vehicle or any article for the purpose of selling any article in a public place
81. 10	82. Carry out an activity prescribed by the regulations or an activity of a class or description prescribed by the regulations

Legislative Framework

Local Government Act 1993

Roads Act 1993

Crown Lands Act 1989

Environmental Planning & Assessment Act 1979

Food Act 2003

Smoke-free Environment Act 2000

Liquor Act 2007

Companion Animal Act 1998

Anti-Discrimination Act 1977

Charitable Fundraising Act 1991

Work Health and Safety Act 2011

Part 1: Exemptions from activity approvals

The Act states that a person may only carry out an activity specified in the above with the prior approval of Council, unless there is an exemption under the Act, Regulation or under a Council Policy.

This Policy permits an activity to be exempt from the need to gain an activity approval where its meets determined standards.

The activities that are exempt from approval are specified in SCHEDULE 1. This does not, however, prevent a person applying for approval to carry out an activity specified in the Schedule.

To be exempt from approval, the person carrying out an activity must comply with:

· The relevant exemption requirements listed in SCHEDULE 1; and

· The relevant standards prescribed by the Local Government Act, 1993 and its Regulations, including the Building Code of Australia, Plumbing Code of Australia and Australia New Zealand Food Standards Code; and

· Any need to have public liability or other insurances in place to cover their activities.

· The exemptions do not relate to Development Applications, Complying Development Certificates or approvals required under any other legislation.

Part 2: Criteria for activity approvals

This Part lists the criteria Council must take into consideration in determining an application under the Local Government Act 1993 or as required under Sections 125, 138 or 139A of the Roads Act 1993. Those pieces of legislation require that Council determining an activity application:

a) Can only approve an application where an activity complies with all relevant laws, standards and Guidelines, including the Building Code of Australia, Plumbing Code of Australia and Australia New Zealand Food Standards Code; and

b) Must take into consideration any criteria in a local policy adopted by the council which are relevant to the subject matter of the application, and

c) Must take into consideration the principles of ecologically sustainable development; that is, using, conserving and enhancing the community’s resources so that ecological processes are maintained, and the community wellbeing can be increased.

If no requirements are established and no criteria are adopted, Council is to:

(a) Take into consideration, in addition to the principles of ecologically sustainable development, the likely impact of the activity, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality, and

(b) The public interest.

In considering the public interest, Council is to take into account:

(a) Protection of the environment, and

(b) Protection of public health, safety and convenience, and

GENERAL REQUIREMENTS

In order to achieve the objectives of this Policy, the following matters must be considered in addition to any matters prescribed by the regulations for the respective activity applications.

1. Applicants must ensure the application form and all other information is submitted. Incomplete applications will be rejected.

2. Applications for all other activities (as described in the Table of Section 68 of the Act) not listed in this Policy are to be on the approved form available on Council’s website and will be assessed in accordance with Section 89 of the Act.

3. Each activity application will be considered on its merits and assessed against the criteria established in this Policy.

4. Public Liability insurance (to an amount determined appropriate by Council’s Insurers at the time of application) which indemnifies Council against any claims which may be made as a result of use of public land must be held and renewed every year for the life of an approval. Applicants are to provide a Certificate of Currency noting the interest of Council with their application.

5. An approval may not be granted on a footpath of a classified road (i.e. a highway or main road) or within its corridor for any activity, without the agreement of Transport for NSW (TfNSW). Council will refer those activity applications to the TfNSW for their advice.

6. The hours of operation will generally be the same as the hours approved under the development consent for the premises unless a lesser period is determined due to environmental considerations. An application for an outdoor dining area or footpath trading activity will not be approved under this Policy if the proposal is of such a scale that the noise generated will have a significantly adverse effect upon nearby residential properties.

7. Permit holders cannot claim for any loss of income or refund of permit fees as a result of works carried out by Council or other service providers on Council owned footpaths, plazas and public areas.

8. Approvals for Footpath Trading and Outdoor Dining must be renewed annually. It is the permit holder's responsibility to ensure the renewal of the permit before the renewal date. If the renewal is not made by this date, the activity is to cease until a new permit is approved. Permits are non-transferable.

9. An approval may be cancelled at any time after it has been issued, in any of the following circumstances:

· If the approval was obtained by fraud, misrepresentation or concealment of the facts;

· For any failure to comply with a condition of approval; or

· If the public land ceases to be used by the person having the benefit of the approval i.e. business closes or relocates.

2.1 OUTDOOR DINING

2.1.1 Suitable Locations for Outdoor Dining Areas

The following criteria apply:

• Outdoor dining areas should be located on a suitably constructed surface that is sufficiently level to allow for the safe use of the furniture and can support a layout that adequately meets the other requirements of this Policy.

• Location should be consistent with any other outdoor dining area at adjoining premises.

• A minimum unobstructed footpath width of 2.0 metres is to be maintained.

• Outdoor dining must be located so as not to interfere with car parking and vehicular movement where it adjoins a roadway.

• Furniture must not be placed within 0.8m of any vehicle parking space.

• Furniture should be located directly in front of the premises to which it relates unless written consent from the other applicable landowner or proprietor is provided.

• Either non-disposable eating utensils are provided in the outdoor dining area of the premises, or appropriate receptacles for the collection of disposable eating utensils must be provided.

• No furniture shall be located within 3.0 metres of any road corner.

• Outdoor dining areas can include areas in front of neighbouring properties so long as written permission from owner of the adjoining property has been obtained and is included in the application.

2.1.2 Outdoor Furniture

Outdoor furniture to be used by an establishment must adhere to the following guidelines:

• Outdoor furniture must be commercial grade and of adequate strength and durability to withstand most external weather conditions and outdoor commercial use.

• Domestic style plastic furniture is not permitted as it is not generally considered to be of high quality or durability. All furniture must be of a high aesthetic quality that enhances the existing streetscape.

• Furniture for all establishments and surrounds are to be kept in a clean, hygienic and safe condition at all times.

• The security, cleanliness and safety of all furnishings are the responsibility of the proprietor.

• Shade umbrellas/structures are to be securely anchored.

• Penetrations into the footpath are prohibited.

• Shade umbrellas/structures must not protrude into the roadway. They must be more than 2.0 metres in height if they protrude into the pedestrian thoroughfare.

• Outside of trading hours all furnishings are to be removed from the public domain and securely stored.

2.1.3 Heating Structures

Any proposal to use heating structures within outdoor dining areas will be assessed on merit with consideration given to: footpath width; type, number and location of heating structures proposed; and proximity to other structures. Particular attention will be given to the safety of the diners and the general public.

Note: All gas heating structures must adhere to Australian Standard 4565 - Radiant gas Heated for outdoor and non-residential indoor use.

2.1.4 Lighting

Any outdoor dining area licensed to operate outside daylight hours must be adequately lit to ensure the safety and amenity of patrons and the general public. Lighting of any outdoor dining area must be in the form of down lights or the like which need to be:

• directed away from the roadway;

• contained to the outdoor dining areas only;

• turned off outside the operating hours of the premises.

Existing under-awning lighting may suffice.

2.1.5 Advertising and Signage

Advertising on outdoor dining furniture or footpath trading activities that is associated with the cafe/restaurant or retail premises is permitted by Council in accordance with the following guidelines:

• The third party advertising of one advertiser only may appear on the furnishings of the area. It should not dominate the appearance of every piece of furniture.

• Details of third party advertising on outdoor dining furnishings must be submitted to Council with the application for a permit.

Outdoor dining and footpath trading is not to be used as a means for increasing advertising to a business's activity. The use of advertising material and signage outside the provisions of this policy will require separate development consent.

2.1.6 Planter Boxes

Planter box styles proposed for use within outdoor dining areas will be assessed by Council on merit, with consideration given to footpath width, and type and location of the planter boxes proposed.

Planter boxes:

• must be located within the permit area;

• must be located so as not to obstruct pedestrian flow;

• must be maintained and cleaned of litter;

• must not carry advertising.

Council reserves the right to order the removal of planter boxes that are not properly maintained.

2.1.7 Permanent Covered and Walled Structures

In some cases, the applicant may wish to undertake streetscape works to accommodate an outdoor dining area. Such works may include permanent covers, walled structures, street tree planting, landscaping, pedestrian lighting etc. Any such works requires a specific approval by the Council and lodgement of a development application.

These structures are outside the provisions of this policy and require separate development consent and rental agreements with Council.

2.1.8 Amenity, Public Health and Safety

Each permit holder is responsible for the cleanliness and tidiness of the areas in front of the premises and the immediate surrounds used for outdoor dining:

• Tables must be cleaned of food scraps immediately after customers leave. All litter must be swept up in a timely way and disposed of appropriately.

• Furniture items must be maintained in a neat, tidy and clean appearance when in use.

• All furniture must be removed from the footpath/public area to enable the area to be swept and stains removed from the footpath at least daily (on each day of use).

Note: Debris must not be swept into the gutter. This action constitutes a pollution offence for which penalties may be incurred

2.1.9 Service of Alcohol

Restaurants and cafés that have an existing on premises liquor licence may apply to Liquor & Gaming NSW to extend their licence boundary to include the outdoor dining area. Liquor & Gaming NSW will assess the change of boundary application as per existing arrangements for expansion of liquor licence boundary.

If Liquor & Gaming NSW refuses the application in accordance with its existing policies for change of liquor boundary, no alcohol may be consumed in the restaurant’s or café’s outdoor dining area.

If approved, the service of alcohol:

· must be accordance with the licence,

· is limited to seated patrons and is to be served with meals.

· is limited to the applicant’s business frontage only.

Any outdoor dining areas serving alcohol that fall within a designated alcohol-free zone must be cordoned off with bollards or screening.

2.2 FOOTPATH TRADING ACTIVITIES

2.2.1 Footpath Trading Activity Locations

The footpath space directly in front of a retail premises is allocated to that shop. Footpath trading activities must be established in accordance with the following guidelines:

• Footpath trading activities must be located on a safe, stable, hard surface that is sufficiently level to provide adequate stability to display stands.

• Supervision of trading activities/goods must be possible from the shop.

• A minimum unobstructed footpath width of 2.0 metres is to be maintained.

• The location of the footpath trading activity shall be consistent with any footpath trading activity or outdoor dining area at adjoining premises.

• No footpath trading activity shall be located within 3.0 metres of any road corner.

• The footpath trading activity shall have a width not greater than 1.2m.

• The footpath trading activity is not to extend beyond the side property boundaries of the premises.

• The footpath trading activity is not to impede access to or egress from the premises.

• The footpath trading activity is not to create litter, rubbish or any other form of degradation of the footpath area.

• Footpath trading activities (including display stands) are to be stabilised/anchored to avoid collapse.

• The lodged application must show the intended location of display stands and structures.

• All furnishings are to be removed from the public domain and be securely stored outside of trading hours.

2.2.2 Display Merchandise or Promotional Items on Footpaths

The following types of merchandise may not be displayed on footpaths, or public areas:

• Liquor, tobacco or other drugs

• Gases, e.g. Liquid Petroleum Gas (LPG) canisters

• Corrosives, e.g. Car batteries

• Oxidising materials, e.g. paint stripper

• Explosives, e.g. Boat flares

• Flammable liquids

• Spray paints.

Note: This list is not exhaustive. Council reserves the right to order the removal of any merchandise considered to be a risk to the health and safety of the public and/or the environment at any time.

2.2.3 Display of Goods on Footpath

When displaying goods on a footpath:

• Fresh food must be kept at least 750mm above the footpath.

• All goods must be displayed on stands, racks or in containers above the level of the footpath, unless goods to be displayed are designed in a manner intended to allow for placement on the ground.

• No advertising using amplification or persons calling to the public may be undertaken.

2.2.4 Display Stands

When using display stands on footpath areas to present goods, the following conditions apply:

• All goods are to be presented on display stands approved by Council.

• Display stands are to be aesthetically pleasing, durable, well-finished, secure and solid-to-ground at the base.

• Materials and finish of display stands must be weather-resistant. Edges and corners must be finished so as not to cause any injury to a passer-by.

• All display stands are to be custom-made and/or designed for the goods being displayed.

2.2.5 Free Standing Signage, Flags and Similar Items to Promote Business Activities

When using free standing signage, flags and similar items to promote business activities on footpath areas, the following conditions apply:

• Items are to be aesthetically pleasing, durable, well-finished, secure and solid-to ground at the base.

• Each item may occupy up to 0.8m2 of surface area on the footpath.

• The maximum number of items per premises is directly related to shop frontage facing the street. Up to two items are permitted for every 10m of shopfront.

• The maximum number of items per premises is six (regardless of shopfront length).

• A minimum unobstructed footpath width of 2m is to be maintained.

• No item shall be located within 3 metres of any road corner.

• A maximum of one A-frame sandwich board is permitted per premises. The maximum size shall not exceed 1m2 on each side (including framework). A-frames must be securely weighted to avoid movement in high winds.

• All signs, flags etc are to be removed from the public area and securely stored outside of trading hours.

2.3 STREET STALLS, RAFFLES AND COLLECTIONS

Eligible charitable or community organisations may apply to conduct street stalls in the towns and villages of the Cootamundra-Gundagai Regional Council Area:

· on the footpath in front of a shopfront in the Central Business District (with the owner’s permission required in writing), or

· in a public building such as a hall or shopfront foyer type area (owner’s permission required in writing).

No more than two (2) street stalls are to be held on the same day in the same town unless part of an organised and approved event.

In addition, street stalls must:

· Be located against the building frontage, unless otherwise approved;

• Maintain a minimum unobstructed footpath width of 2.0 metres.

· Display appropriate identification of the organisation on the stall, but no advertising; and

· Not solicit sales and/or public collections, unless conducted in compliance with the Charitable Fundraising Act 1991.

2.4 BUSKING

Busking is only allowed within the Central Business Districts of the towns and villages in the Cootamundra-Gundagai Regional Council Area. Busking is not permitted in the CBD during Festivals and Events without written Approval from Council and event organisers.

General requirements:

· Buskers must be at least six (6) metres away from the door of premises open for business and must not take up more than 2m² of performance space.

· Shall not perform for more than two (2) hours per location per day.

· A busker’s performance must not endanger pedestrians or engender fear. If targeted at children, a “Prohibited Employment Declaration” must be submitted with the application.

· Buskers must not create a nuisance or unreasonable noise. Amplification is only permitted if the volume can be adjusted and if played at a reasonable volume.

· Performances can be held between 10.00am and 5.00pm

· Buskers must not obstruct pedestrians or vehicles and a 2metre pedestrian access area must be maintained on the footpath.

· Buskers may accept voluntary donations but must not solicit donations or solicit sales of merchandise or product.

A busker shall comply with any direction given by the Police or Council's Authorised Officers. Where a complaint has been received about the content of the performance, excessive noise, or other breach of these standards, a busker may be directed by authorised officers to cease busking.

The following artists are not to be considered as buskers under the terms of the policy and as such will not be issued with a permit: balloon sculptors, tarot card/palm/fortune readers, aerosol artists, face painting, masseurs, or vendors of any kind soliciting money for any purpose.

Part 3: Other matters relating to activity approvals

Exemptions

Any exemption under this Policy or the Local Government Act, 1993 and its regulations, has no effect unless all the specified conditions of the exemption are met. Any breach of the conditions would mean that the exemption no longer applies to the activity involved. Exemptions within the Policy cease to have effect once the Policy lapses.

Lodgement of an application

Most activities have a specific form and/or guide designed to assist in the lodgement of the application. Applications must be made on the approved form and accompanied by the information required on the form. Any application which is unclear or illegible may be returned. Depending on the type of work or activity, fees may apply and where these are required they must be paid at the time of lodgement in accordance with Council’s fees and charges.

Assessment of an application

In assessing the more complex applications, additional information may be needed.

Variation to criteria

In determining an application, Council staff may choose to vary any of the criteria referred to in this Policy on a case by case basis whilst having regard to the merit of the individual circumstances and the purpose of the Policy and legislation. A written statement and any other supporting information that details how this will be achieved must be included with an application that seeks a variation from this Policy.

Determination

Once determined a notice will be issued advising whether the application has been approved or refused. The period of approval will vary depending on the type of activity or work undertaken. If works have not commenced or where the activity is not held during the nominated time then the approval may lapse. In such cases, and depending on the circumstances, an applicant can seek to lodge a new application or alternatively request to modify an existing application.

A determination can be reviewed under s.100 of the Local Government Act, 1993. A request to review must justify the reasons for review and be made in writing within 28 days of Council’s determination. The determination of a review is final.

When does an approval lapse?

An approval under Section 68 of the Local Government Act, 1993 lapses 1 year after the date from which the approval operates, unless the approval states otherwise. An extension of an approval may be granted

if:

(a) A request is received by Council in writing prior to the date on which the approval would have lapsed; and

(b) Council determines that the approval should be extended.

Schedule 1: Exemptions

83. ACTIVITY		84. EXEMPT CRITERIA
85. PART A: MANUFACTURED HOMES, MOVEABLE DWELLINGS & STRUCTURES
86. A1	87. Manufactured home in a caravan park. Clause 74*	88. Installation of moveable dwellings and associated structures in caravan parks and camping grounds, provided the structure is designed, constructed and installed with the relevant provisions of the Regulations, the site is not liable to flooding and the installation occurs with the consent of the holder of the approval to operate the caravan park or camping ground concerned.
89. A1	90. Caravans, campervans or tents on any land. Clause 77(a)*	91. Installation of not more than 2 caravans, campervans or tents on any land, so long as they are not occupied for more than 2 days at a time and are not occupied for more than 60 days (in total) in any single period of 12 months
92. A1	93. Caravans or campervans on land with an existing dwelling house. Clause 77(b)*	94. Installation of not more than 1 caravan or campervan on land occupied by the owner of the caravan or campervan in connection with that owner’s dwelling-house, so long as it is used for habitation only by the owner or by members of the owner’s household and is maintained in a safe and healthy condition
95. A1	96. Caravans or campervans on agricultural land for seasonal workers on the land. Clause 77(c)*	97. Installation of caravans or campervans on pastoral or agricultural land, so long as it is merely occupied seasonally by persons employed in pastoral or agricultural operations on the land.
98.	99. PART B: WATER SUPPLY, SEWERAGE & STORMWATER DRAINAGE WORK
100. C1	101. Carry out water supply, stormwater drainage or sewerage works	102. Water supply, stormwater drainage or sewerage works (excluding point of connection works involving Council’s water and sewer services and/or works involving a septic tank, an effluent or a sullage disposal system) are exempt from the need for approval provided that it complies with the following criteria: a) For the repair or replacement of existing plumbing and drainage works or stormwater drainage lines only; b) The work must comply with the Plumbing and Drainage Act, 2011; and c) The work must not require the cutting or excavation of any public road, footpath or kerb and gutter and/or tree removal unless approved under Section 138 of the Roads Act, 1993. 103. 104. In this Policy, a) Sewerage work means the construction, alteration, extension, disconnection, removal, ventilation, flushing, cleansing, Maintenance, repair, renewal or clearing of any sewerage service pipes or fittings or fixtures communicating or intended to communicate, directly or indirectly, with: a septic tank, an effluent or a sullage disposal system; or any sewer of a council, and includes work of sanitary plumbing and work of house drainage. b) Water supply work means the construction, alteration, extension, disconnection, removal, flushing, cleansing, maintenance, repair, renewal or clearing of any pipes or fittings of any water service communicating or intended to communicate, directly or indirectly, with any water main of a council, but does not include changing a washer. c) Stormwater drainage work means the construction, alteration, extension, disconnection, removal, maintenance, repair, renewal, flushing, cleansing or clearing of any stormwater drain communicating or intended to communicate, directly or indirectly, with any stormwater channel of a council.
105.	106. PART C: WASTE MANAGEMENT
107.	108. Transport waste Clause 48(a)^	109. The transporting of waste over or under a public place for fee or reward if the activity is licensed under the Protection of the Environment Operations Act, 1997; or the waste is being transported through the area of the Council and is not being collected or deposited in that area.
110.	111. Place commercial waste in public	112. In accordance with the exemption given in Clause 48(b) of the Local Government (General) Regulations 2005, the placement of a commercial waste storage container in a public place is exempt from the need for approval provided that it complies with the following criteria: a) Must relate to an existing approved and lawful use; b) Maximum of one 240 litre bin and only where the waste collection area on private property is not accessible to the collection agency; c) Must be located so as to not disturb traffic flow, impede pedestrian movement, restrict driver sight lines, access or loading zones; d) Must not be offensive nor contain hazardous, liquid or clinical waste; e) May only be placed in a public place for collection by a waste contractor the night before the scheduled collection and must be removed as soon as possible and stored on private property. In the event of service disruption, containers must be stored on private property until the service can be provided; f) Commercial waste must be collected and disposed of by a commercial contractor. Waste cannot be removed from the premises to be disposed of in a street litter bin. g) All containers must be vermin proof and cleaned on a regular basis without causing storm water pollution; h) The area where the container is placed in public for collection must be kept cleaned; and i) Uncontained waste (such as plastic and cardboard) is not permitted to be placed next to or on top of containers in the public place.
113.	114. Place domestic waste in public	115. In accordance with the exemption given in Clause 48(b) of the Local 116. Government (General) Regulations 2005, the placement of a domestic 117. waste storage container in a public place is exempt from the need for 118. approval provided that it complies with the following criteria: a) Domestic waste must be contained in the Council approved waste storage containers and only placed in a public place for the purposes of collection by Council; b) Uncontained waste is not permitted to be placed next to or on top of containers in a public place; c) Waste storage containers may be put out for collection the night before the scheduled collection and must be removed from the public place as soon as possible and stored on private property; d) Waste storage containers must be placed immediately in front of the resident’s property (or an approved service pick up point); e) Lids of waste storage containers must remain closed, and the container surrounds be kept tidy at all time; and f) Waste storage containers must be kept clean and free of stains, odours and debris; and in full working order with no cracks, missing wheels, lids or pins. 119.
120.	121. PART D: COMMUNITY LAND
122.	123. Sound amplifying device or loudspeaker Clause 49^	124. A loudspeaker or sound amplifying device may be set up, operated or used on community land without the prior approval of the Council if it is done in accordance with a notice erected on the land by the Council or if it is done in the circumstances specified, in relation to the setting up, operation or use by sports clubs.
125.	126. Sports clubs charging a fee 127. for spectators	128. Sports clubs with prior written approval from Council for the use of the associated sporting facility may charge a spectator fee to cover its commitments to a sporting association.
129.	130. PART E: PUBLIC ROADS
131.	132.	133. No exemptions
134.	135. PART F: OTHER ACTIVITIES
136.	137. Domestic oil or solid fuel heating appliance Clause 70^	138. A domestic oil or solid fuel heating appliance (other than a portable appliance) may be installed without the prior approval of the council if details of the appliance are included in plans and specifications for the relevant building approved by a Construction Certificate or Complying Development Certificate under the Environmental Planning and Assessment Act, 1979
139.	140. Operation of a public car park 141. Clause 66^	142. A public car park may be operated without the prior approval of the council if approval for its erection or operation has already been given by the council in connection with another approval or development consent and the car park complies with any applicable conditions of that approval or development consent.
143.	144. Jumping castles and amusement devices 145. Clause 71^	146. Amusement devices not required to be registered under the Work Health and Safety Regulation 2011 may be installed or operated without the prior approval of the Council if there is a contract of insurance or indemnity for the device that complies with Clause 74 (see below) of the Regulations, and be approved under Section 138 of the Roads Act, 1993, if the device is on or over a public road, including a footpath.
147.	148. Small amusement devices 149. Clause 75^	150. A small amusement device may be installed or operated without the prior approval of the Council if: a) the ground or other surface on which the device is to be or has been erected is sufficiently firm to sustain the device while it is in operation and is not dangerous because of its slope or irregularity or for any other reason, b) the device is registered under the Work Health and Safety Regulation 2011, c) the device is erected and operated in accordance with all conditions relating to its erection or operation set out in the current certificate of registration issued for the device under those Regulations, d) there exists for the device a current log book within the meaning of those Regulations, in the case of a device that is to be or is installed in a building, fire egress is not obstructed, e) there is in force a contract of insurance or indemnity for the device that complies with Clause 74 (see below) of the Regulations, f) be approved under Section 138 of the Roads Act, 1993, if the device is on or over a public road, including a footpath. 151. 152. In this Policy, small amusement device means an amusement device that is designed primarily for the use of children 12 years of age or under (includes such amusement devices as mini-ferris wheels, battery operated cars and miniature railways but, in the case of rotating amusement devices, includes only those devices that have a maximum rotation of 14 revolutions per minute).
153.	154. Amusement devices public liability 155. Clause 74^	156. It is a condition of an approval to install or operate an amusement device that there must be in force a contract of insurance or indemnity that indemnifies to an unlimited extent (or up to an amount of not less than $10,000,000 in respect of each accident) each person who would be liable for damages for death or personal injury arising out of the operation or use of the device and any total or partial failure or collapse of the device against that liability.
157.	158. * Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 159. ^ Local Government (General) Regulation 2005

Related CGRC Policies and Procedures

This policy replaces the following policies:

· Footpath Trading & Outdoor Dining Policy

Review Period

This document is to be reviewed every four (4) years to ensure that it remains relevant and meets legislative requirements.

Ordinary Council Meeting Agenda

29 September 2020

8.4.4 Development Applications Approved August 2020

DOCUMENT NUMBER

335147

REPORTING OFFICER

Sharon Langman, Manager Development, Building and Compliance

AUTHORISING OFFICER

Phillip McMurray, General Manager

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

3.2 Our built environments support and enhance liveability

FINANCIAL IMPLICATIONS

There are no financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

Compliance with the provisions of the Environmental Planning and Assessment Act, 1979 and related legislation

POLICY IMPLICATIONS

There are no policy implications associated with this report.

ATTACHMENTS

Nil

Recommendation

The information on Development Applications Approved in August, 2020 be noted.

Introduction

The Development Applications Approved in August, 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 August, 2020.

APP. NO.	PROPOSED DEVELOPMENT	PROPERTY DESCRIPTION
DA.2020.118	Subdivision (2 lots)	Part Lot 2, DP539368, Nangus Rd, Gundagai
DA.2020.117	New Carport and Storeroom	Lot 4, DP1043489, Boundary Rd, Cootamundra
DA.2020.114	Erect Trusses over existing deck	Lot 10, DP825825, Brungle Rd, Gundagai
CDC.2020.15	Alterations to Dwelling	Lot 10, DP825825, Brungle Rd, Gundagai
DA.2020.108	New Transportable Dwelling	Lot 25, DP751419, Yamatree Rd, Gundagai
DA.2020.107	New Transportable Dwelling	Lot 4, DP1109265, Old Hume Hwy, Tumblong
DA.2020.105	New Garages - Sheds Residential	Lot 29, Sec B, DP9530, Renehan St, Cootamundra
DA.2020.103	Dwelling alterations/additions	Lot A, DP418538, John St, Cootamundra
DA.2020.101	New Garages - Sheds Residential	Lot 1, DP596747, Richards St, Cootamundra
DA.2020.100	Proposed New Front Verandah and Carport	Lot B, DP412762, Centenary Ave, Cootamundra
DA.2020.99	Subdivision (2 lots)	Lot 1, Sec 48 DP758785, Hanley St, Gundagai
DA.2020.95	New Shed	Lot 5, DP861374, Dalkeith Rd, Gundagai
DA.2020.93	New Dwelling and Detached Garage	Lot 6, DP1071286, Rathmells Ln, Cootamundra
DA.2020.91	New Inground Swimming Pool	Lot 1, DP1049802, Jugiong Rd, Cootamundra
DA.2020.90	New Verandah - Deck	Lot 1, DP121023, Crown St, Cootamundra
DA.2020.88	New Shed	Lot 1, DP396336, Adelong Rd, Tumblong
DA.2020.84	Subdivision (rural) – 2 lots	Lot 1, DP1106053, Nanangroe Rd, Adjungbilly
DA.2020.78	Subdivision (Boundary Adjustment)	Lot 24, DP1010590, Jack Masling Dr, Cootamundra
DA.2020.35	New Transportable Dwelling	Lot 202, DP1182787, 575 Nangus Rd, Gundagai
DA.2020.65	New Shed	Lot 2, DP533480, 24 Warren St, Cootamundra
DA.2020.66	New Shed	Lot 18 Sec B, DP4840, 6-8 Betts St. Cootamundra
DA.2020.73	Change of Use	Lot B, DP373166, 59 Olney St, Cootamundra
DA.2020.76	New Storage Shed	Lot 3, DP262495, 44 O’Hagan St, Gundagai
DA.2020.77	New Dwelling	Lot 1, DP1202121, 123 Salt Clay Rd, Cootamundra
DA.2020.82	Dwelling alterations /additions & new shed	Lot 12, DP38061, 151 Hanley St, Gundagai
DA.2020.83	New Shed	Lot 3, DP668490, 35 Parker St, Cootamundra
DA.2020.85	Dwelling alterations/additions	Lot 1, DP1103273, 36 Hanley St, Gundagai
DA.2020.86	New Shed	Lot 3, DP746100, 2 Rathmells Ln, Cootamundra
DA.2020.87	New Dwelling	Lot 11, DP1021588, 1776 Adelong Rd, Tumblong
DA.2020.94	Dwelling alterations/additions	Lot 3, DP345971, 67 Hurley St, Cootamundra
DA.2020.98	New Dwelling	Lot 56, DP1173450, 10 Banjo Paterson Pl, Gundagai
VALUE OF WORK REPORTED TO THIS MEETING:			$1,335,368.00
VALUE OF WORK REPORTED YEAR TO DATE:			$3,062,529.00
THIS TIME LAST YEAR:
VALUE OF WORK –August 2019:			$ 970,809.00
VALUE OF WORK – YTD 2019:			$2,782,948.00

REPORTING OFFICER	Marianne McInerney, Personal Assistant to the General Manager
AUTHORISING OFFICER	Phillip McMurray, General Manager
FINANCIAL IMPLICATIONS	There are no Financial implications associated with this report.
LEGISLATIVE IMPLICATIONS	There are no Legislative implications associated with this report.
POLICY IMPLICATIONS	There are no Policy implications associated with this report.
ATTACHMENTS	1. Minutes of the Ordinary Meeting of Council held on Tuesday 25 August 2020

DOCUMENT NUMBER	334098
AUTHORISING OFFICER	Phillip McMurray, General Manager
REPORTING OFFICER	Marianne McInerney, Personal Assistant to the General Manager
ATTACHMENTS	Nil

DOCUMENT NUMBER	335256
REPORTING OFFICER	Abb McAlister, Mayor
AUTHORISING OFFICER	Phillip McMurray, General Manager