Agenda of Ordinary Council Meeting

Ordinary Council Meeting Minutes

27 October 2020

MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council Meeting
HELD AT THE Alby Schultz Centre, Cootamundra
ON Tuesday, 27 October 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 (Via Teams), Cr Charlie Sheahan, Cr Craig Stewart (Via Teams)

IN ATTENDANCE: Phil McMurray (General Manager), Kay Whitehead (Interim Deputy General Manager), Mark Ellis (Manager Civil Works), Miriam Crane (Manager of Community and Culture), Sharon Langman (Manager Development, Building and Compliance), Andrew Brock (Manager Facilities)

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 is not held due to the covid-19 pandemic restrictions

No submissions to be read aloud at the Meeting were received.

3 Apologies

Nil

4 Disclosures of Interest

Cr Palmer (Deputy Mayor) disclosed a Significant Non-Pecuniary Interest in item 11.2 Lot 1 Turners Lane Cootamundra due to the sale of work vehicles to the proprietor of the business operating at the site.

Cr Kelly disclosed a Significant Non-Pecuniary Interest in item 11.2 Lot 1 Turners Lane Cootamundra due to a family member employed by the proprietor of the business operating at the site.

5 Confirmation of Minutes

5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 29 September 2020

Resolution 305/2020

Moved: Cr Dennis Palmer

Seconded: Cr Penny Nicholson

The Minutes of the Ordinary Meeting of Council held on Tuesday, 29 September, 2020 be confirmed as a true and correct record of the meeting.

Carried

5.2 Minutes of the Extraordinary Meeting of Council held on Tuesday 6 October 2020

Resolution 306/2020

Moved: Cr David Graham

Seconded: Cr Gil Kelly

The Minutes of the Extraordinary Meeting of Council held on Tuesday, 6 October, 2020 be confirmed as a true and correct record of the meeting.

Carried

6 Mayoral Minutes

6.1 Mayoral Minute - Councillor Engagement

Note: the following amendments were provided at the Meeting:

Resolution 307/2020

Moved: Cr Gil Kelly

Seconded: Cr Charlie Sheahan

The information in the Mayoral Minute be received and noted.

Carried

7 Reports from Committees

7.1 Minutes of the Access and Inclusion Committee Meeting held on Thursday 1 October 2020

Resolution 308/2020

Moved: Cr Gil Kelly

Seconded: Cr Leigh Bowden

1. The Minutes of the Access and Inclusion Committee Meeting held on Thursday 1 October 2020 (attached) are submitted for adoption.

2. Council prioritise the upgrade of the footpath on the western side of Sutton Street, between Hurley and Mackay Streets, so it joins the existing footpath leading to the town centre.

3. The works be prioritised as a matter of urgency

4. A list of foot path works be provided to Council

Carried

8 General Manager’s Report

8.1 Business

8.1.1 Boundary Commission's Public Enquiry into the Demerger Proposal Affecting Cootamundra-Gundagai Regional Council

Resolution 309/2020

Moved: Cr Penny Nicholson

Seconded: Cr Leigh Bowden

1. The Report on the Boundaries Commission Public Inquiry into the Demerger Proposal Affecting Cootamundra-Gundagai Regional Council be received and noted.

2. The Mayor, Deputy Mayor, and General Manager be nominated as representatives at each NSW Local Government Boundaries Commission’s first community consultation session, in both Cootamundra and Gundagai, as detailed in the report.

3. The NSW Local Government Boundaries Commission be advised that Council will be making representations at each first NSW Local Government Boundaries Commission’s community consultation session in both Cootamundra and Gundagai.

4. The Local Government Boundaries Commission be advised of the Councillors nominated to be representatives at the remaining NSW Local Government Boundaries Commission’s community consultation sessions in both Cootamundra and Gundagai, as detailed in the report.

· Cr Sheahan represent Council at the 2^nd Cootamundra session

· Cr Stewart represent Council at the 3^rd Cootamundra session

· Cr Bowden represent Council at the 2^nd Gundagai session

· Cr Graham represent Council at the 3^rd Gundagai session

· Cr Nicholson represent Council at the 4^th Gundagai session

5. That the Deloittes Report, in full, be made available to the Council.

6. That Local Government Boundaries Commission be requested to make their findings and recommendations to the NSW Government public.

Carried

8.1.2 Meeting Dates for Ordinary Meetings of Council for 2021

Resolution 310/2020

Moved: Cr Gil Kelly

Seconded: Cr David Graham

1. The Ordinary Meetings of Council remain on the last Tuesday of the Month from January to November at 6:00pm.

2. The Ordinary Meeting held in December remain on the second Tuesday at 6:00pm.

3. The current arrangement of alternating meetings between Cootamundra and Gundagai remain.

Carried

8.1.3 Tabling of Pecuniary Interest Returns

Resolution 311/2020

Moved: Cr David Graham

Seconded: Cr Leigh Bowden

The tabling of pecuniary interest returns from Councillors and designated persons be noted.

Carried

8.1.4 Draft Agency Information Guide (AIG)

Resolution 312/2020

Moved: Cr Penny Nicholson

Seconded: Cr David Graham

The draft Agency Information Guide (AIG), attached to the report, be adopted.

Carried

8.1.5 Stockinbingal Ellwood's Hall s.355 Committee Meeting Minutes

Resolution 313/2020

Moved: Cr Doug Phillips

Seconded: Cr Leigh Bowden

The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting held on 24 September, 2020, attached to the report, be received and noted.

Carried

8.1.6 Muttama Creek Regeneration Group s.355 Committee Meeting Minutes

Resolution 314/2020

Moved: Cr Craig Stewart

Seconded: Cr Charlie Sheahan

1. The Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held on 10 August, 2020, attached to the report, be received and noted.

2. The Muttama Creek Regeneration Group be recognised for the good work being undertaken at the creek.

Carried

8.1.7 Cootamundra Tourism Action Group s.355 Committee Meeting Minutes

Resolution 315/2020

Moved: Cr Penny Nicholson

Seconded: Cr Leigh Bowden

1. The Minutes of the Cootamundra Tourism Action Group held 1st October, 2020 attached to the report, be received and noted.

2. A further report come back to Council detailing costings and details from appropriate managers in relation to the recommendations detailed in the report.

Carried

8.1.8 Updated Council Meeting Action Report

Resolution 316/2020

Moved: Cr Charlie Sheahan

Seconded: Cr Leigh Bowden

The Updated Council Meeting Action Report be noted.

Carried

8.2 Finance

8.2.1 Special Rate Variation - Notification of Intention to Apply

Resolution 317/2020

Moved: Cr David Graham

Seconded: Cr Leigh Bowden

IPART be notified of Council’s intention to apply for a Special Rate Variation (SRV) under Section 508(A) of the Local Government Act, 1993 to be retained permanently in the rate base.

Carried

8.2.2 Draft Concealed Water Leak Policy

Resolution 318/2020

Moved: Cr Dennis Palmer

Seconded: Cr Charlie Sheahan

The draft Concealed Water Leak policy attached to the report be endorsed.

Carried

8.2.3 Monthly Finance Report for September 2020

Resolution 319/2020

Moved: Cr David Graham

Seconded: Cr Doug Phillips

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

Carried

8.2.4 Updated Monthly Major Projects Program and Projects Schedule

Resolution 320/2020

Moved: Cr Penny Nicholson

Seconded: Cr Craig Stewart

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

Carried

8.2.5 Investment Report - September 2020

Resolution 321/2020

Moved: Cr David Graham

Seconded: Cr Doug Phillips

The Investment Report for September 2020 be received and noted.

Carried

8.3 Community and Culture

8.3.1 List of local Arts and Cultural Groups across the Cootamundra and Gundagai Local Government Area

Resolution 322/2020

Moved: Cr Leigh Bowden

Seconded: Cr Penny Nicholson

1. Council adopt this preliminary list, as the Arts & Cultural Groups across the Local Government Area and invites further groups to contact Council for inclusion on the Arts & Cultural Groups.

2. The Community and Culture team actively engage with these committees to:

I. build and sustain partnerships;

II. support groups activities; and

III. assist groups to secure funding for arts and cultural development in the local government area.

Carried

8.3.2 Regional Connectivity Funding Progam Application

Resolution 323/2020

Moved: Cr Gil Kelly

Seconded: Cr David Graham

Council support the Regional Connectivity Program application of local internet service provider Wi-Sky to provide internet coverage to over 95% of the local government area, through the provision of a letter of support to Wi-Sky for any grant application submitted through the Regional Connectivity Program if requested however no financial contribution.

Carried

8.3.3 Clubgrants Catergory 1 Local Committee Formation

Resolution 324/2020

Moved: Cr Dennis Palmer

Seconded: Cr Gil Kelly

1. A ClubGRANTS Local Advisory Committee be formed in accordance with the required structure as detailed in the report, to meet four times per year.

2. The Manager Community and Culture be representative of Council on the ClubGRANTS Local Advisory Committee.

Carried

8.4 Development, Building and Compliance

8.4.1 Development Application 2020/131 - Use Fish as a Feedstock for Existing Rendering Plant - Lot 1 DP611755, 572 Stockinbingal Rd Cootamundra

Resolution 325/2020

Moved: Cr Dennis Palmer

Seconded: Cr David Graham

Council approve the following development, subject to the consent conditions below:

Application Number: DA2020/131

Property: Lot 1 DP611755

572 Stockinbingal Road

COOTAMUNDRA NSW 2590

Development: Livestock Processing Industry – use of fish as feedstock for existing

rendering plant

A. Administrative Conditions

Compliance with Council

1. The Development being completed in accordance with plans and specifications stamped by Council listed in the table below and the Statement of Environmental Effects, except where varied by conditions of this consent.

Document Reference	Description	Author	Date
	Statement of Environmental Effects and Planning Report	Jason Graham, Australian Meat Group	March 2020
	Annexure 1a Modifications to the Existing Rendering plant at AMG PTY Ltd	TF Consultants
	Annexure 2a Draft Environmental Impact of Conversion from High Temperature to Low Temperature Rendering	ProAnd Associates Australia Pty Ltd	August 2020
	Response and Medli v2.1.0.0 (20/9/2020)	ProAnd Associates Australia Pty Ltd	17/9/2020
	Annexure 3 Safety Data Sheet “Mackerel Fish Meal	Manildra Group	15/8/2019
	Annexure 4 Waste Management Plan	Australian Meat Group
191179_NIA_Rev3	Noise Impact Assessment	Bendow Environmental	6/9/2019
1053r01v1	Traffic Impact Assessment	Ason Group	23/07/2019
	Trial Period Environmental Audit Report	Jason Graham, Australian Meat Group
	Odour Management System Review Assessment	The Odour Unit	22/9/2020
	Survey Plan	C.M.S Surveyors Pty Limited	5/9/2020
	Drawing titled: AMG Cootamundra Low Temp Process Layout		undated
	Drawing titled: Tender Plan mark up		undated
	Rendering Procedures Manual		4/8/2020
Controlled Copy No 1	Letter: Response to EPA	Australian Meat Group	26/9/2020
	Upgrade Photos	Australian Meat Group
	Email to Council	Australian Meat Group	22/9/2020
	Email to Council	Australian Meat Group	23/9/2020

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

Payment of Section 7.12 Contribution

2. The applicant shall be a levy as applicable under Council’s adopted Section 7.12 Contributions Plan. The applicable rate is 1% of the development costs as follows:

Cost of Development $700,000 x 1% = $7,000 contribution payable.

Reason: To ensure that all development pays the applicable fees as a contribution to the provision of community facilities.

Compliance with Legislation

3. Regardless of consent, the applicant is still responsible for adhering to the requirements of State Legislation including (but not limited to) the Protection of the Environment Operations Act and Dangerous Goods (Road and Rail Transport) Act.

Reason: This consent does not remove obligations imposed by State and Federal Legislation.

Parameters of Consent

4. During the time that this consent is in operation, fish are to be the only feedstock for the rendering plant. The processing of other animal by-products and the operation of the abattoir is not to occur during the period of this consent.

Reason: To comply with odour limits and requirements of the NSW Environment Protection Authority.

Inconsistencies between approved plans and documents, conditions of consent and licence

5. 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 provide clarity to the hierarchy and importance of documents in the consent.

6. 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 ensure that conditions of consent prevail.

B. During Operations of the Facility

Render Fish Only

7. This consent authorises the render of fish only, all other abattoirs operations are suspended while this consent is in operation. The operations of the abattoirs and the rendering of fish are NOT to occur concurrently.

Reason: The cumulative impact of the combined operations has not been assessed and the resultant impact on the environment cannot be predicted.

Hours of Operation

8. During the time that this consent is operational, plant operations are restricted to the hours of 12:00am Monday to 11:59pm Saturday. No operations shall occur on Sundays or Public Holidays.

Reason: To protect the amenity of the neighbourhood.

Validation Report

9. The applicant shall submit to Council an Odour Control System Validation Assessment Report within forty-eight (48) days of the commencement of operations at the site. The Assessment is to be completed with the first six weeks of operation.

Reason: To protect the receiving environment and monitor the effectiveness of odour mitigation measures.

Temperature Control of Feedstock

10. Fish stock is to be maintained under temperature control until processing, and any actions taken to maintain temperature are to be recorded. A record of temperature of raw material deliveries is required to be kept for each load that is delivered to site upon delivery and at unloading.

Reason: To maintain product integrity and limit odour generation.

Waste Storage and Disposal

11. All waste generated from the process onsite (i.e. fish product unsuitable for processing) shall be stored in a bunded area with an impermeable surface and shall be removed from the site and disposed of at a waste management facility lawfully permitted to accept the waste.

Reason: To ensure that waste control and disposal measures are adequate for the development

NOTE: Council’s Cootamundra landfill facility does not have capacity to accept mass disposal of fish.

Truck Washing

12. All trucks used for the transport of feedstock are to be washed out on site. The truck wash area onsite shall be bunded and washwater directed to the effluent system, away from the stormwater system.

Reason: To ensure that stormwater is not contaminated.

Bunding of Processed Material

13. Processed material shall be stored in covered bunded areas sized to contain a spill of 150% of the material in the bunded areas.

Reason: To ensure that pollution does not occur in the event of a spill on site.

Complaints Management System

14. Upon commencement of this consent the applicant shall implement a complaints management system, which shall be published on their website. Contact details for complaints will be provided on the website and on the gate to the premises.

Reason: To ensure that complaints are followed through, rectification measures are implemented, and the community informed of the rectification actions.

Records

15. A record shall be kept during the fish rendering consent period of any complaints received from the general public including: a) the date and time of the complaint; b) the method by which the complaint was made; c) any personal details of the complainant which were provided by the complainant or, if no such details were provided, a note to that effect; d) the nature of the complaint; e) the action taken in relation to the complaint, including any follow-up contact with the complainant; and f) if no action was taken the reasons why no action was taken. Records of will be made available to Council Officers and the NSW Environment Protection Authority on request.

Reason: To ensure the amenity of the neighbourhood is protected.

Irrigation Areas

16. The applicant is to map and record the regime of irrigating effluent to land to ensure that soil capability, capacity and stability is not impacted and to ensure that areas of terrestrial biodiversity are avoided.

Reason: To ensure the amenity of the receiving environment is maintained and the activity is managed in a sustainable manner.

Amenity

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

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

Monitoring

18. Regular oil and grease analysis is be conducted on wastewater samples taken at the EPA designated monitoring points and at the discharges from the anaerobic and aerated ponds, as part of the normal sampling program.

Reason: To ensure that the receiving environment is not subject to pollution.

Amendment to Environment Protection Licence (EPL)

19. Prior to the modification being acted upon, the Applicant shall apply to the Environment Protection Authority for a variation to Environment Protection Licence No. 3889, and the licence variation shall be approved.

Reason: Requested by Environment Protection Authority to ensure that activities carried out onsite are consistent with the Environment Protection Licence.

Environment Protection Authority General Terms of Approval

20. The operation of the site must be done in accordance with the General Terms of Approval issued by the Environment Protection Authority in Attachment A, which form part of this consent (Notice No. 1600465).

Reason: Legislative requirement to comply with the provisions of the Protection of the Environment Operations Act, 1997.

Management of Negative Pressure

21. The applicant shall ensure that negative pressure is maintained within the rendering plant at all times, except when loading of raw feedstock material occurs. Staff are not permitted to open doors to allow greater air exchange.

Reason: To ensure that odour management is maintained in accordance with the limits contained in the EPL.

Spray Irrigation of Biofilter

22. The applicant shall implement the minimum spray irrigation program as recommended in The Odour Unit report.

Reason: To maintain optimum bed moisture and ensure sustainable biofilter bed operation.

VOTING RECORD
FOR RESOLUTION	AGAINST RESOLUTION
Cr Abb McAlister (Mayor) Cr Dennis Palmer Cr Leigh Bowden Cr David Graham Cr Gil Kelly Cr Penny Nicholson Cr Doug Phillips Cr Charlie Sheahan Cr Craig Stewart	Nil
ABSENT	DECLARED INTEREST
Nil	Nil

Carried

8.4.2 Development Applications Approved September 2020

Resolution 326/2020

Moved: Cr David Graham

Seconded: Cr Dennis Palmer

The information on Development Applications Approved in September 2020 be noted.

Carried

8.5 Regulatory Services

Nil

8.6 Assets

Nil

8.7 Civil Works

8.7.1 Civil Works and Technical Services Report - October 2020

Resolution 327/2020

Moved: Cr Dennis Palmer

Seconded: Cr Doug Phillips

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

Carried

8.7.2 Aerodrome Users Group - Meeting Notes held on 13 October 2020

Resolution 328/2020

Moved: Cr Gil Kelly

Seconded: Cr Leigh Bowden

That Council:

1. Write to Aerodrome users seeking nominations to convene an Aerodrome Advisory Committee, and if sufficient interest is received, Council convene the committee;

2. Undertake preliminary investigation of options for an annual fee structure for discussion with Aerodrome users/Aerodrome Advisory Committee;

3. Consider the establishment of a working relationship with the Aircraft Owners & Pilots Association (AOPA) and local pilots to form a partnership with Council to host an annual AOPA event;

4. Ensure the Cootamundra Aerodrome and its proximity to town is promoted on Council’s website and social media platforms; and

5. Landing fees contained in Council’s 2020/21 revenue policy not be levied.

Carried

8.8 Technical Services

Nil

8.9 Facilities

8.9.1 Update for Gundagai Parks and Gardens - September 2020

Resolution 329/2020

Moved: Cr Penny Nicholson

Seconded: Cr Craig Stewart

The Works Update for Gundagai Parks and Gardens – September 2020 be received and noted.

Carried

8.9.2 Gundagai Sporting Ground User Groups – Late REport

Resolution 330/2020

Moved: Cr Penny Nicholson

Seconded: Cr Leigh Bowden

1. The Report on the Gundagai Sporting User Groups be received and noted.

2. The Gundagai Cricket Club - Financial contributions and the Gundagai- Adelong Junior Rugby League - Financial contributions be received and noted.

3. The proposed fees detailed in the report be advertised for a period of 28 days for public comment.

4. Council undertake further investigation on usage and charges and prepare a report to be submitted at a future meeting for the consideration of Council.

Carried

8.10 Waste, Parks and Recreation

8.10.1 Feasibility of a Waste Transfer Station at Adjungbilly

Resolution 331/2020

Moved: Cr Dennis Palmer

Seconded: Cr Doug Phillips

1. The report on the Feasibility of a Waste Transfer Station for Adjungbilly be received and noted.

2. A further report be prepared and submitted for the consideration of Council to the Ordinary Meeting scheduled to be held 8^th December, 2020.

Carried

9 Motion of which Notice has been Given

Nil

10 Questions with Notice

Nil

11 Confidential Items

11.1 Confidential Reports

Resolution 332/2020

Moved: Cr Charlie Sheahan

Seconded: Cr Leigh Bowden

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 Lot 1 Turners Lane Cootamundra

Provisions for Confidentiality

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

Public Interest

It is considered that discussion of this matter in Open Council would, on balance, be contrary to the public interest as it may prejudice Council's ability to secure the optimum outcome for the community.

Carried

11.2 Lot 1 Turners Lane Cootamundra

Note: Having disclosed a Significant Non-Pecuniary interest in item 11.2 Lot 1 Turners Lane Cr Palmer (Deputy Mayor) and Cr Kelly left the meeting.

Resolution 333/2020

Moved: Cr Charlie Sheahan

Seconded: Cr David Graham

1. The Report on Lot 1 Turners Lane Cootamundra, JLW Contract of Sale Turners Lane Cootamundra and Inland Power Solutions Customer Estimate and Diagram, attached to the report be received and noted.

2. Council agree to funding 50%, to a maximum of $35,000, of the cost of relocating of the overhead power lines to the boundary upon settlement of the Contract of Sale of $412,500.

3. Council delegate authority to the General Manager to execute any documentation in relation to concluding the sale.

Carried

11.3 Resumption of Open Council Meeting

Resolution 334/2020

Moved: Cr Penny Nicholson

Seconded: Cr Leigh Bowden

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 8:52 PM.

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 24 November 2020.

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

CHAIRPERSON GENERAL MANAGER

Cootamundra-Gundagai Local Traffic Committee Meeting Minutes

12 November 2020

MINUTES OF Cootamundra-Gundagai Regional Council
Cootamundra-Gundagai Local Traffic Committee Meeting
HELD AT THE Alby Schultz Meeting Centre, Cootamundra
ON Thursday, 12 November 2020 AT 10am

PRESENT: Cr Charlie Sheahan, Manager Technical Services Matt Stubbs, Road Safety Officer Anthony Carroll, TfNSW Fazlul Hoque, Local Electorate Representative - Gwen Norman, NSW Police Constable Luke Parsons and NSW Police Constable Jamie Hampton

IN ATTENDANCE: Greg Minehan (TfNSW) (Observer) and Mark Ellis (Manager Civil Works)

1 Acknowledgement of Country

2 Apologies

Acting Sergeant Paul Kemp (NSW Police), Senior Constable Gregory Tarbit (NSW Police) and General Manager Phil McMurray

3 Disclosures of Interest

Nil

4 CONFIRMATION OF MINUTES

2.1 Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 13 AUGUST 2020

Committee Recommendation

The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 13 August 2020 be confirmed as a true and correct record of the meeting.

Moved: Charlie Sheahan

Seconded: Anthony Carroll

5 BUSINESS ARISING

· 2.4 Yass Road Truck Parking: that repeater signs indicating the parking zone be installed.

· 2.5 Parker Lane-One Way Traffic Proposal: concept plan to be developed and consultation with local business to occur.

· 2.6 Wallendoon Street/Sutton Street Intersection: Give way signs to be removed for Wallendoon Street, VMS boards to be used to warn road users of changed traffic conditions. Works Scheduled for November.

· 2.8 Proposed signage to be checked with warrants that are published on the Centre for Road Safety website.

· 2.11 Signs should be permitted to be installed subject to Section 138 applications.

· 2.12 First Avenue One Way Street: concept plans will be presented to Transport for NSW for approval at the next Local Traffic Committee.

· 2.13 First Avenue No Parking Zones: concept plans will be presented at the next Local Traffic Committee.

· General Business #6 Elouera Loading Bay: Due to concerns expressed by café owner, this will now be installed in front of the Laundry

6 Reports

2.1 Viewing Areas along Local Roads

Recommendation

That broader consultation with the wider community be sought to determine locations of viewing areas. Suggested locations would be presented at a future Local Traffic Committee meeting for consideration.

2.2 Cootamundra Community Christmas Party

Recommendation

That:

1. The Cootamundra Christmas Party planned for the Thursday 17 December be approved, subject to the closure of Parker Street between Wallendoon and Adams Street and Bourke Street between the Parker and Cooper Lanes.

2. Council to provide Traffic controllers at either end of the event, CDC to initiate community consultation to make sure all cars have left the area prior to 5:00pm.

3. A detour signage will need to be provided for out of town visitors.

4. A Road Occupancy License be provided by Council.

2.3 Disabled Parking - Cootamundra Ex-Servicemen's & Citizens' Memorial Club

Recommendation

That:

1. A Disabled Park bay be approved in Parker Street in front of the Cootamundra Ex- Servicemen’s & Citizens’ Memorial Club, making allowance for the parking bay for the courtesy bus, the access ramps and future street landscaping.

2. The Ex-Servicemen’s & Citizens Memorial Club be asked to contribute to the installation of this parking bay.

2.4 Former Ampol Fuel Depot Site - Proposed Parking Area

Recommendation

That the proposed parking area for the Old Ampol Site in Olympic Way/Sutton Street be approved.

Comments:

It was noted that slow moving traffic accessing the car park could be in conflict with the traffic still travelling at 80km/hr as the site is close to the boundary of the 50 km/hr speed zone. Possible solution would be to extending the 50km/hr speed zone further along the Olympic Highway past Brawlin Road.

2.5 Hovell Street Parking

Recommendation

That a ‘No Stopping Sign’ be installed at the corner of Hovell St and Cowcumbla Streets, Cootamundra to reinforce the “No Parking “ law within 10 metres of the intersection.

2.6 Pedestrian Crossings

Recommendation

The Committee noted proposals to have street and road crossings for pedestrians do not meet existing installation warrants.

Comments:

Warrants for pedestrian crossings are being reviewed at a State level therefore the designs and suggestions for Pedestrian Crossings should be held off until the new regulations are published and implemented.

2.7 EA Southee School - Bus Parking Bay

Recommendation

That:

1. The EA Bus Parking Bay at EA Southee School on Cowcumbla Street be converted into a short term parking;

2. The bus parking bay in Poole Street be shortened by 30m towards the school gate.

2.8 Salt Clay Road/Olympic Highway Intersection

RECOMMENDATION

A Speed zone review to be made to Transport for NSW to extend the existing 50km/hr zone at the Salt Clay Road/Olympic Highway intersection.

The Committee noted:

The concerns about the conflict between the traffic turning off and entering the Olympic Way between Salt Clay Road since remarking of the intersection.

A possible solution could be to extend the 50Km/hr speed zone southwest of the intersection could include the residential street of Salt Clay Road.

The advantages of extending the 50 km/hr zone south west of the intersection were discussed as speeds would be reduced and reaction distances greatly reduced. This would also fit in with discussion in item 2.4 Former Ampol Site.

2.9 Gundagai Public School - Parking and Public Access Concerns

Recommendation

That investigations into alternative traffic arrangements be made in consultation with the Department of Education in relation to Gundagai Public School.

2.10 Stop Sign - Sheridan and West Streets, Gundagai

Recommendation

Transport for NSW recommend that the Stop Sign at the intersection of Sheridan and West Streets, Gundagai be replaced with a Give Way sign.

Discussion:

The original recommendation for the committees consideration was for the Stop sign to remain at this location, however, it is Transport for NSW’s recommendation that a Give Way sign be installed as the existing Stop Sign does not meet the sight distance warrants.

If Council wants to maintain the existing Stop sign then this request would be need to be referred at a regional level Traffic Committee.

2.11 Speed Zone Adjustments

Recommendation

That Council supports the community in making adjustment applications and that Council uses a variety of strategies to encourage safe speeds on roads.

Discussion:

All speed zone adjustments are to be made directly to Transport for NSW.

Speed zone adjustments/determinations are not part of the ‘Terms of Reference’ for Local Traffic Committee’s consdieration.

Strategies for advising traffic to slow down include use of VMS boards to encourage road users to drive at speeds suitable for the conditions and other public education campaigns.

2.12 Speed Limit Reviews - Nashs Lane

Recommendation

That a sign (G9-318-1) “Reduce Speed to Conditions” could be installed on the Nash’s Lane.

2.13 Speed Limit Review - Old Hume Highway Tumblong

Recommendation

That:

1. Council refers to Transport for NSW the Tumblong communities request in applying for a speed zone adjustment;

2. Various types of behavioral messaging be trialed in proximity to the Tumblong Tavern, this would include messaging on VMS Boards.

2.14 Pedestrian and Mobility Plan (PAMPS)

Recommendation

The Committee noted that the PAMPS Plan is underway with a draft version to be presented as soon as possible.

2.15 Dates for Future Local Area Traffic Committee Meetings

Recommendation

That the dates for the 2021 Local Area Traffic Committee Meetings be scheduled.

7 General business

· Speeding Traffic – Wallendbeen along Burley Griffin Way

Speeding along Burley Griffin Way through Wallendbeen for traffic heading east.

NSW Police are willing to have a higher presence in Wallendbeen to deter speeding.

The Meeting closed at 11.26am.

The minutes of this meeting were confirmed at the Cootamundra-Gundagai Regional Council Meeting held on 24 November 2020.

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CHAIRPERSON GENERAL MANAGER

Ordinary Council Meeting Agenda

24 November 2020

8.4 Development, Building and Compliance

8.4.1 Modification to Development Application 2016/108-2 - Clubhouse and Amenities on Lot 7009 DP1021379, Clarke Oval, Wallendoon Street, Cootamundra

DOCUMENT NUMBER

339243

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

1. Council approve Modification to Development Application 2016/108-2 Clubhouse and amenities on Lot 7009 DP1021379, Clarke Oval, Wallendoon Street, Cootamundra subject to the following conditions and reasons

GENERAL CONDITIONS

(1) GEN Condition - Compliance Standards

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

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

(2) GEN Condition - Compliance with Council

The Development being completed in accordance with plans and specifications stamped by Council listed in the table below and the Statement of Environmental Effects, except where varied by conditions of this consent.

Document Reference	Description	Author	Date
4B	Floor Plan, Elevation and Sections	Coota Design	29.10.20
5B	Elevation and Details	Coota Design	30.10.20
-	Specification		Aug 2020

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

(3) GEN Condition - Compliance with Legislation

Regardless of consent the applicant is still responsible for adhering to the requirements of State Legislation including (but not limited to) the Protection of Environment Operations Act and Dangerous Goods (Road and Rail Transport) Act.

Reason: This consent does not remove obligations imposed by State and Federal Legislation.

(4) GEN Condition - Utilities

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

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

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

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

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

PRIOR TO COMMENCEMENT OF WORKS

(1) PCW Condition - Structural Engineer's Slab/Footing Details Required.

The applicant shall submit to Council, prior to an inspection of any structural concrete work, plans of such work either certified by a practising Structural Engineer or in accordance with AS2870.

Reason: Deemed performance standard.

(2) PCW Condition - Further Details Required.

The applicant shall submit to Council, in duplicate, information relating to toilets, covered awning and disabled ramp. No work relating to this detail shall be carried out until the information is supplied and approved by Council.

Reason: To minimise further delays on the project.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(4) PCW Condition – Signage.

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

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

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

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

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

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

(5) PCW Condition – Notice of Commencement.

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

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

(6) PCW Condition – Builders Toilets.

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

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

(7) PCW Condition – Public Safety – Hoardings.

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

The hoarding or fence is to be kept lit during the time between sunset and sunrise if the work may be a source of danger to persons using the public place.

The hoarding, fence or awning is to be removed when it is no longer required for the purposes for which it was provided. Restriction of public access to the building site shall restrict entry by members or equipment on the site when building work is in progress or the site is otherwise unoccupied.

Reason: To protect the general public.

(8) PCW Condition – Waste Storage During Construction.

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

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

(9) PCW Condition – Soil Erosion Control.

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

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

(10) PCW Condition – Underground Services.

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

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

DURING CONSTRUCTION

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

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

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

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

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

Monday to Saturday from 7.00am to 7.00pm

Sundays and public holidays from 9.00am to 12.00pm

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

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

(3) DUR Condition – Footpath Storage.

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

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

(4) DUR Condition – Waste Removal.

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

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

(5) DUR Condition – Tree Protection - Nature Strip.

Existing trees which are located on the nature-strip shall be protected during the construction period.

Reason: The Council's concern that the amount of vegetation in the Shire should continue to increase to improve the climate and appearance.

(6) DUR Condition - Pipe Replacement.

Should the proposed building be located over existing vitrified clay sewer pipes then such pipes shall be reinstated in PVC material in the area under the proposed building.

Reason: To minimise the opportunity for damage to the building as a result of leaking sewage.

(7) DUR Condition - BCA Compliance.

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

Reason: To ensure the building complies with the BCA.

(8) DUR Condition – Inspections.

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

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

(9) DUR Condition – Restricted Public Access.

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

Reason: To ensure public safety is maintained.

(10) DUR Condition - Asbestos Removal.

Any quantity of asbestos, whether it be stabilised or non-stabilised (loose), should be undertaken with care. Stabilisation asbestos can include fibro sheets, fibro roofing, fibro water pipes, and bituminous floor tiles. If you are removing more than 10 sq. metres of surface area you will need to have a specially licensed person with WorkCover, authorised to undertake such work. If you are removing stabilised asbestos sheeting, roofing etc, observe the following the following precautions:

1. Remove entire sheets of materials without breaking the product, ie punch nail holes through rather than break the sheet, take down - don't drop

2. Thoroughly wet each sheet of the waste before removing

3. Wrap the sheeting in plastic 200 microns thick

4. When transporting, make sure the top of the trailer is taped over with plastic sheeting and secured

5. Transport to an asbestos authorised disposal area, ie Cootamundra Waste Depot is authorised, provided prior notice has been given so that the disposal pits are specifically opened up and protective gear is worn by the operator of the plant

6. When unloading do not drop on the ground but gently place into the area as directed by the Council operator

7. Do not use power tools which expose the asbestos fibres

8. Do not scrub or water-blast any asbestos cement sheeting

9. Do not slide sheets over other sheets as this will release fibres

10. Wear a protective mask and goggles

Specific websites with additional information are at www.nsw.gov.au/fibro and www.diysafe.nsw.gov.au

Reason: To minimise the risk of asbestosis and to dispose of this harmful product in a safe secure manner at an accredited disposal point.

(11) DUR Condition - Demolition of Buildings.

The following points must be complied with:

1. Building demolition work is to be carried out in accordance with the requirements / provisions of AS2601-2001 - Demolition

2. All existing services are to be disconnected, sealed and made safe prior to the demolition a /or removal of existing structures on site - The sewer and water service is to be disconnected by a licensed plumber and drainer and all works are to be inspected by Council - The requirements of other utility authorities shall be ascertained and adhered to by the applicant

3. The disposal of any asbestos materials in accordance with the requirements of WorkCover NSW and AS 2601-2001 - Demolition of Structures

4. The applicant shall take all steps necessary to ensure the safety of adjoining neighbours and members of the general public

5. Adjoining neighbours shall be given a minimum of 24 hours’ notice of the intention to commence demolition works

6. Ground surface shall be graded and finished flat to ensure ease of maintenance

Reason: So that the demolition is conducted in a manner that maintains acceptable safety, environmental and legislative standards.

(12) DUR Condition - Demolition Works.

Demolition of existing building or structures is to be carried out in a manner so that the risk of injury to the health and safety of site personnel and public persons will be minimised.

Identify and locate service supply mains - water, electricity and notify the controlling authority to disconnect such services prior to demolition.

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

Reason: To ensure site safety and to minimise the disruption of services through damage to same.

(13) DUR Condition – Storm Water.

Storm water is to be discharged:-

1. Clear of the building and septic tank disposal area

2. To diffusion pit a minimum 3m from any building and in such a position that it does not cause nuisance to neighbours

3. To the roadside gutter, taken through the kerb and the kerb is to be made good or, alternatively, linked to existing storm water drainage which discharges at the roadside gutter

4. To the roadside table drain. The end of the storm water pipe at the table drain shall be suitably protected to avoid damage to the end of the pipe

5. To the requirements of the BASIX Certificate, and any overflows to be without nuisance

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

(14) DUR Condition – Exit Doors.

In accordance with Clause D2.20 and Clause D2.21 of the Building Code of Australia, all exit doors must swing in the direction of egress. Exit doors must be readily openable without a key from the side that faces a person seeking egress, by a single handed downward action or pushing action on a single device which is located between 900mm and 1200mm from the floor.

Reason: To facilitate exit from the building.

(15) DUR Condition – Railings and Balustrade.

Where any ramp or decking area has any level more than 1m above the finished ground level, the construction of the balustrade must be in accordance with the Building Code of Australia 3.9.2.3 Balustrade Construction. Balustrades must be at least 1 metre above the floor of a landing and be constructed so that any opening does not permit a 125mm sphere to pass through it.

Reason: Statutory compliance.

(16) DUR Condition – Water Proofing - Wet Areas.

An owner/builder will not be permitted to provide water proofing membranes to any wet area unless that person holds a Water Proofing Membrane subcontractor's licence with the Department of Fair Trading. The application of water proof membranes to nominated wet areas is a 'Critical Stage Inspection' requiring mandatory inspection by the Council or an accredited Private Certifying Authority. The standards for compliance are AS 3740 2010 for Water Proofing Internal Wet Areas.

Reason: To ensure that water proofing of internal wet areas are competently carried out to the required Standard and Code of Practice.

(17) DUR Condition – Fire Hazard Index.

The early fire hazard indices of materials, linings and surface finishes must comply with specification C1.10 of the Building Code of Australia.

Reason: To suppress fire within places of public entertainment.

(18) DUR Condition – Scalding.

The Hot Water System to the bathroom/ensuite is to be set not to exceed 50°C to prevent accidental scalding of children and the infirm. The licensed Plumber is to complete the attached certificate of compliance for the completed installation.

Reason: Statutory requirement.

(19) DUR Condition – Disabled Fitouts.

All ramps, hand rails and ablution fitouts shall be installed in accordance with Australian Standard 1428.1-2009 “Design for Access and Mobility, Part 1: General Requirements for Access – Buildings”.

Reason: To provide access for disabled people.

(20) DUR Condition – Disabled Carparking.

Additional Disabled Carparking spaces shall be incorporated in the existing carpark facility and in a position which is located as near as practical, adjacent to the premises entrance.

Reason: The legal obligations of an applicant to provide access/parking for disabled persons.

(21) DUR Condition – Alterations: Plumbing and Drainage Works.

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

The proponent shall comply with all requirements tabled under NSW Fair Trading and The Plumbing Code of Australia.

Reason: Statutory compliance.

POST CONSTRUCTION

(1) POC Condition – Occupation of Building.

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

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

(2) POC Condition – Compliance Certificates.

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

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

ONGOING USE

(1) USE Condition – Annual Certificate.

The owner of the building shall submit to Council an 'Annual Fire Safety Statement' (Form 1) by 1 July, each subsequent year after obtaining a 'Fire Safety Certificate' for the building from Council.

The 'Annual Fire Safety Statement' shall comply with the provisions set out in the Environmental Planning & Assessment Regulation 2000. Forms for this purpose can be collected from Council's offices.

Reason: To ensure that fire and other safety measures are maintained in a proper working condition.

(2) USE Condition – Discrimination Laws.

The applicant's attention is drawn to legislation regarding responsibility to provide an improved environment for disabled persons.

The Disability Discrimination Act (DDA) is commonwealth legislation that aims to increase the economic and social independence of people with a disability.

The DDA applies to discrimination against any person on the grounds of disability in the areas of: accommodation; education; access to premises; provision of goods; services and facilities; the activities of clubs or sports; and the request for information.

It should be noted that by the issuing of this consent the Council does not guarantee that all legislative requirements of the DDA or subsequent premises standards have been satisfied and that the owners/operators may still be subject to complaints being made under the DDA. It is advisable that the applicant should satisfy themselves with the requirements of the DDA and seek further professional advice if deemed necessary.

Reason: To clarify that the issuing of this development consent does not certify that the establishment or operation of the development satisfies all requirements of the Disability Discrimination Act.

(3) USE Condition – 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.

(4) USE Condition –Amenity General.

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

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

Introduction

A development application was approved by Council on 11 January 2017 for the erection of New Club and Multipurpose Rooms at Lot 700 DP1021379 Clark Oval Wallendoon Street Cootamundra for the Cootamundra Australian Football Club Inc (CAFC). The club has proposed a number of changes to the approved structure which require the modification of the Development Consent. Under Part D 10 the Delegations of Authority reviewed in November 2019 ‘any development application or application to modify a consent that involves land owned or controlled by Council, or where Council is the applicant is to be referred to Council for determination’. This modification application is therefore referred to Council for determination.

Discussion

PROPOSAL:

The modifications to the previously approved Recreation Facility (Outdoor) include changes to the access, exits, amenities and outdoor spectator area.

SITE:

The building, under construction, is located at Clarke Oval adjacent to the sporting oval used by the CAFC. It has frontage to Wallendoon, Bourke and Olney Streets and is surrounded by a mix of residential and recreation land uses with good vehicular and pedestrian access. The site has kerb and gutter to all sides as well as partially sealed driveway. It is situated one block to the north west of Cootamundra commercial area.

Figure 1 – Aerial view Clarke Oval, Wallendoon St Cootamundra (in yellow) in context of surrounding development (source: Six Maps)

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. There has already been 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 connective wildlife 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 Environmental Planning Instrument (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 applicant has lodged the proposed modification as a 4.55(1A), being a modification involving minimal environmental impact. This section of the Act provides that the consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

(a) it is satisfied that the proposed modification is of minimal environmental impact, and

It is intended that this report will demonstrate that the modification is of minimal environmental impact.

(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

In determining whether the modification will result in substantially the same development, the legislation requires Council to consider the proposed modification against the original consent and is not to take into account any previous modifications (of which there are none in this instance).

The summary of the proposed changes is detailed previously in this report, and whilst it appears that there are numerous changes, the NSW Land and Environment Court (NSWLEC), has considered the meaning of "substantially the same" numerous times with the main principles emerging from a range of cases are as follows:

§ the comparison between the original development and the modified development involves a consideration of quantitative and qualitative, elements of the proposal [Moto Projects (No 2) Pty Ltd v North Sydney Council],

§ the modification power is 'beneficial" and 'facultative", meaning, it is designed to assist the modification process rather than to act as an impediment to it … “it is to be construed and applied in a way that is favourable to those who seek to benefit from the provision” [North Sydney Council v Michael Standley & Associates Pty Limited ],

§ a proposal can only be regarded as a modification if it involves “alteration without radical transformation” [Sydney City Council v Ilenace Pty Ltd].

With this is mind, the use and activities on the site are substantially the same, as follows:

§ the use of the property as a recreation facility (outdoor) remains the same,

§ the floor area remains the same,

§ required access and egress is achieved.

Considering the above factors, it is accepted that the proposal would not change the core elements of the development, in particular the nature of the use.

(c) it has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

The modification was not notified in accordance with Council’s Community Participation Plan.

(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

No submissions were received.

(3) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15 (1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.

Following is the section 4.15 assessment of the proposed modification.

SECTION 4.15 CONSIDERATIONS:

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 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 the modification 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 other than the construction of an accessible car parking space.

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 modifications to the club building are 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.

The modification to the proposal does not alter the impacts as assessed and approved as part of the original consent.

6.5 Riparian land and watercourses

This clause applies to land that is identified as a watercourse on the Watercourses Map, the site is mapped as being affected; accordingly, this clause is must be considered.

Before determining a development application for development on land to which this clause applies, the consent authority must consider—

(a) whether or not the development is likely to have any adverse impact on the following—

(i) the water quality and flows within the watercourse,

(ii) aquatic and riparian species, habitats and ecosystems of the watercourse,

(iii) the stability of the bed and banks of the watercourse,

(iv) the free passage of fish and other aquatic organisms within or along the watercourse,

(v) any future rehabilitation of the watercourse and riparian areas, and

(b) whether or not the development is likely to increase water extraction from the watercourse, and

(c) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

The approved building and proposed modifications will not have a detrimental effect on the identified watercourse or associated areas. Stormwater disposal will be required to be controlled prior to reaching the creek.

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 modification proposal does not alter this factor from that already assessed.

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 – The site is identified as flood prone land but the modification will not affect the flood behavior considered under the original consent. Not applicable as land is not bushfire 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.

§ 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 alterations proposed to the building.

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

§ as the development involves a new extension of an existing building the whole building will be fully compliant.

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 and residential uses. The proposal is contained within an existing open space/sporting precinct of Cootamundra.

The development is for the modification to the clubrooms under construction in the park. It is considered that due to the minor nature of the proposed changes will not detrimentally detract from the existing visual amenity. No trees are to be removed for the installation of the proposed changes. 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

Figure 2 – Partially completed clubhouse portion of the building (facing south west)

Access, Transport and Traffic

The modification of the approved development will not impact on access, traffic or transport in the vicinity.

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 modification.

Soil

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

Flora and Fauna

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

Energy

The modification proposal does not impact upon the assessed energy considerations of the original consent.

Noise and Vibration

The proposed modification will not create any additional 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 modification of the approved facility 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 modification will impact on the security and safety of adjoining properties.

Social Impacts in the Locality

It is not considered that the modified 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 proposal and the modified development design takes account of the existing site features and vegetation.

Construction Matters

The works will require a construction certificate and have been assessed 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 modification does not trigger any additional contribution over that already paid.

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

24 November 2020

8.4.2 Development Application 2020/157 - Installation of Toilet Block at Waste Facility Lot 475, DP753601, Turners Lane, Cootamundra

DOCUMENT NUMBER

339294

REPORTING OFFICER

Sharon Langman, Manager Development, Building and Compliance

AUTHORISING OFFICER

Sharon Langman, Manager Development, Building and Compliance

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

1. Council approve Development Application 2020/157 construction of toilet block at Waste Facility Lot 475 DP753601 Turners Lane, Cootamundra subject to the following conditions and reasons:

GENERAL CONDITIONS

(1) GEN Condition - Compliance Standards

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

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

(2) GEN Condition - Compliance with Council

Document Reference	Description	Author	Date
-	Site Plan	-	-
-	Floor Plan	Coly Built	-
-	Specification	Coly Built	-

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

(3) GEN Condition - Compliance with Legislation

Reason: This consent does not remove obligations imposed by State and Federal Legislation.

(4) GEN Condition - Utilities

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

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

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

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

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

PRIOR TO COMMENCEMENT OF WORKS

1) PCW Condition - Structural Engineer's Slab/Footing Details Required.

The applicant shall submit to Council, prior to an inspection of any structural concrete work, plans of such work either certified by a practising Structural Engineer or in accordance with AS2870.

Reason: Deemed performance standard.

(2) PCW Condition - Further Details Required.

The applicant shall submit to Council, in duplicate, information relating to landings and stairs. No work relating to this detail shall be carried out until the information is supplied and approved by Council.