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Business

Paper

 

Ordinary Council Meeting

 

Alby Schultz Meeting Centre, Cootamundra

 

6:00 PM, Tuesday 27TH APRIL, 2021

 

Administration Centres:  1300 459 689

 

 

 


Ordinary Council Meeting Agenda

27 April 2021

 

 

The Mayor & Councillors

Cootamundra-Gundagai Regional Council

PO Box 420

Cootamundra NSW 2590

NOTICE OF MEETING

An Ordinary Meeting of Council will be held in the Alby Schultz Meeting Centre, Cootamundra on:

Tuesday, 27th April, 2021 at 6:00 PM

The agenda for the meeting is enclosed.

Phillip McMurray

General Manager


Ordinary Council Meeting Agenda

27 April 2021

 

AGENDA

Order Of Business

 

1          Acknowledgement of Country. 7

2          Open Forum.. 7

3          Apologies. 7

4          Disclosures of Interest. 7

5          Confirmation of Minutes. 8

5.1            Minutes of the Ordinary Meeting of Council held on Tuesday 30 March 2021. 8

6          Mayoral Minutes. 37

6.1            Mayoral Minute - Councillor Engagement 37

7          Reports from Committees. 40

8          General Manager’s Report. 40

8.1            Business. 41

8.1.1        Report on the Eastern Riverina Arts Annual General Meeting by Councillor Leigh Bowden. 41

8.1.2        Report on the NSW Australian Local Government Women's Association Held 18-20 March, 2021 by Cr Leigh Bowden. 68

8.1.3        Cootamundra Floodplain Risk Management Committee Meeting held 31st March, 2021 - Minutes and Study Plan. 73

8.1.4        Stockinbingal Ellwood's Hall s.355 Committee Meeting Minutes. 111

8.1.5        Cootamundra Tourism Action Group s.355 Committee Meeting Minutes and Membership. 115

8.1.6        Muttama Creek Regeneration Group s.355 Committee Meeting Minutes. 121

8.1.7        The Arts Centre Cootamundra s.355 Committee Meeting Minutes. 123

8.1.8        Information Bulletin. 130

8.1.9        Updated Council Meeting Action Report 392

8.2            Finance. 407

8.2.1        Monthly Finance Report for March 2021. 407

8.2.2        Investment Report - March 2021. 411

8.3            Community and Culture. 414

8.3.1        Cootamundra-Gundagai Regional Council Youth Strategy 2020-2030. 414

8.3.2        Gundagai Tourism Action Group s355 Committee - Meeting Held 24th March, 2021. 442

8.3.3        Gundagai Tourism Action s355 Committee - Meeting Held 14th April, 2021. 445

8.4            Development, Building and Compliance. 457

8.4.1        Planning Proposal No.4 to amend Gundagai Local environmental Plan 2011. 457

8.4.2        Development Application 2021/15 - 2 Ward Street, Cootamundra - Variation to Development Control Plan. 463

8.4.3        Development Application 2021/36 - 4 Lawrence Street, Cootamundra - Variation to Development Control Plan. 494

8.4.4        Lot 53 Banjo Paterson Place, Gundagai - Variation to 88B Instrument 525

8.4.5        Development Applications Approved March 2021. 537

8.5            Regulatory Services. 539

8.5.1        Regulatory Report March 2021. 539

8.6            Assets. 543

8.7            Civil Works. 544

8.7.1        Civil Works and Technical Services Report - April 2021. 544

8.8            Technical Services. 546

8.9            Facilities. 547

8.9.1        Report on the Involvement of Staff on S355 Committees of Council 547

8.9.2        Gundagai Administration Building Upgrade Report 549

8.9.3        Cootamundra Strikers Soccer Club Request for Assistance to Develop Fields at O'Connor Park Cootamundra. 551

8.9.4        Alby Schultz Meeting Space Roof Replacement 554

8.9.5        Tender for Products and Services. 557

8.10          Waste, Parks and Recreation. 559

9          Motion of which Notice has been Given. 560

9.1            Notice of Motion -  That Council, that is The Mayor and/or the General Manager, on behalf of all councillors and the community, writes, once again, to The Honorable Shelley Hancock, Minister of Local Government, to request that she inform Council of her decision as to whether or not Cootamundra-Gundagai Regional Council is to be demerged. Furthermore, that a copy of the letter be sent to the Premier, the Honorable Gladys Berejiklian MP, the Deputy Premier, the Honorable John Barilaro MP, the Member for Cootamundra, Ms Stephanie Cooke MP, each member of the Boundaries Commission, that is Mr Bob Sendt, Cr Rick Firman OAM, Cr Lesley Furneaux-Cook and Mr Grant Gleeson, the Leader of the Opposition, Ms Jodi McKay MP and the Shadow Minister for Local Government, Mr Greg Warren MP. 560

10       Questions with Notice. 562

10.1          Questons With Notice. 562

11       Confidential Items. 563

11.1          Closed Council Reports. 563

11.2          Class Action against Jardine Lloyd Thompson Pty Ltd. 563

11.3          Resumption of Open Council Meeting. 563

11.4          Announcement of Closed Council Resolutions. 564

 


1            Acknowledgement of Country

Council acknowledges the Wiradjuri people, the Traditional Custodians of the Land at which the meeting is held and pays its respects to Elders, both past and present, of the Wiradjuri Nation and extends that respect to other Aboriginal people who are present.

ADJOURN MEETING FOR OPEN FORUM

2            Open Forum

RESUME OPEN MEETING

3            Apologies

4            Disclosures of Interest


Ordinary Council Meeting Agenda

27 April 2021

 

5            Confirmation of Minutes

5.1         Minutes of the Ordinary Meeting of Council held on Tuesday 30 March 2021

REPORTING OFFICER

Marianne McInerney, Executive 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 30 March 2021 

    

 

Recommendation

The Minutes of the Ordinary Meeting of Council held on Tuesday 30 March 2021 be confirmed as a true and correct record of the meeting.

 

 

 

 


 

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Minutes

Ordinary Council Meeting

 

Council Chambers, Gundagai

 

6:00 PM, Tuesday 30TH MARCH, 2021

 

Administration Centres:  1300 459 689

 

 


Ordinary Council Meeting Minutes

30 March 2021

 

MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council Meeting
HELD AT THE
Council Chambers, Gundagai
ON
Tuesday, 30 March 2021 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.

IN ATTENDANCE:     Phil McMurray (Cr), 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), Wayne Bennett (Manager Waste, Parks & Recreation 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.

 

ADJOURN MEETING FOR OPEN FORUM

Recommendation

Council adjourn for Open Forum.

 

 

2            Open Forum

 

There were no speakers at the Open Forum.

RESUME OPEN MEETING

Recommendation

Council resume the Open Meeting.

 

 

 

 

 

 

 

3            Apologies

Leave of absence – Cr Sheahan

apology – Cr Stewart

Apology – Cr Phillips

Resolution  067/2021  

Moved:       Cr David Graham

Seconded:   Cr Dennis Palmer

1.      A Leave of Absence be granted to Cr Sheahan.

2.      The apology from Cr Stewart be accepted and a leave of absence be granted.

3.      The apology from Cr Phillips be accepted and a leave of absence be granted.

 

Carried

 

4            Disclosures of Interest

Cr Palmer (Deputy Mayor) disclosed a pecuniary interest in 8.4.2 Development Application DA2021/13 - Farm Building 659 Berthong Road, Cootamundra.

 

5            Confirmation of Minutes

5.1         Minutes of the Ordinary Meeting of Council held on Tuesday 23 February 2021

Resolution  068/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr David Graham

The Minutes of the Ordinary Meeting of Council held on Tuesday 23 February 2021 be confirmed as a true and correct record of the meeting.

Carried

 


 

 

6            Mayoral Minutes

6.1         Mayoral Minute - Councillor Engagement for March, 2021

Resolution  069/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Gil Kelly

The information in the Mayoral Minute be received and noted.

Carried

 

7            Reports from Committees

Nil 

8            General Manager’s Report

8.1         Business

8.1.1      Tabling of Pecuniary Interest Returns

Resolution  070/2021  

Moved:       Cr David Graham

Seconded:   Cr Dennis Palmer

The tabling of pecuniary interest return from new designated staff be noted.

Carried

 

8.1.2      Dog on the Tucker Box Development Draft Masterplan Study

Resolution  071/2021  

Moved:       Cr Penny Nicholson

Seconded:   Cr David Graham

1.   The Report on the Dog on the Tucker Box Masterplan be received and noted.

2.   The Draft Dog on the Tuckerbox Masterplan be placed on Public Exhibition for no less than 28 days inviting submissions from stakeholders, the community and all interested parties.

3.   A further report on the Dog on the Tuckerbox Development will be prepared and submitted for the consideration of Council at a future Meeting.

Carried

 

8.1.3      Australian Local Government Association National General Assembly - Call for Motions

Resolution  072/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr David Graham

1.   The Report on the Australian Local Government Association Call for Motions and the Australian Local Government Association -Working Together for Our Communities - Call for Motions NGA21 -Discussion Paper, attached to the report, be received and noted.

2.   Council endorse the Motions submitted by the General Manager for the National General Assembly 2021 a detailed in the Report.

3.   Cr Bowden be the Council representative at the ALGWA breakfast being held as part of the National General Assembly 2021 to be held 20-23 June, 2021.

Carried

 

 

8.1.4      Report on Efficiencies and Cost Savings of Cootamundra-Gundagai Regional Council.

Resolution  073/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Penny Nicholson

The Report on Efficiencies and Cost Savings of Cootamundra-Gundagai Regional Council be received and noted.

Carried

 

 

8.1.5      Tender for Wet and Dry Hire of Plant

Resolution  074/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Gil Kelly

1.       The Open Tendering method for the proposed panel contract for Wet and Dry Plant Hire be endorsed.

2.       A further report be prepared and submitted for the consideration of Council at the completion of the tendering process.

Carried

 

 

 

 

8.1.6      Remote Attendance by Councillors at Council Meetings

Resolution  075/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Penny Nicholson

That Council:

 

1.       Resolves to permit Councillors to attend meetings of Council and Committees of Council remotely by audio video link in exceptional circumstances.

2.       Notes that the resolution in 1 above will apply from the date upon which the Regulation is amended to amend the Model Code of Meeting Practice until 31st December, 2021.

3.       Notes that members of the public will be permitted to physically attend the gallery at meetings of Council and Committees of Council, with the number of attendees to be up to 25 conditional on the size of the chamber.

4.         Make a submission in response to the Office of Local Government consultation paper titled “Remote Attendance by Councillors at Council Meetings” in support of continuing the ability of Councillors to attend meetings of Council and Committees of Council remotely by audio video link in exceptional circumstances.

5.         Note that submissions in response to OLG’s consultation paper titled “Remote Attendance by Councillors at Council Meetings” close on 3rd May, 2021.

Carried

 

 

8.1.7      Riverina Eastern Regional Organisation of Councils and Riverina Joint Organisation Report

Resolution  076/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Gil Kelly

The Report on the Riverina Eastern Regional Organisation of Councils and Riverina Joint Organisation and Minutes of the Riverina Eastern Regional Organisation of Councils Board Meeting and Riverina Joint Organisation Board Meeting held 26th February, 2021, attached to the report, be received and noted.

Carried

 


 

 

8.1.8      Legislative Compliance Framework

Resolution  077/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Leigh Bowden

1.   The Legislative Compliance Framework report be received and noted.

2.   The Draft Legislative Compliance Policy, attached to the report, be endorsed.

Carried

 

8.1.9      The Cootamundra Heritage Centre Management s.355 Committee Meeting Minutes

Resolution  078/2021  

Moved:       Cr David Graham

Seconded:   Cr Penny Nicholson

The Minutes of the Cootamundra Heritage Centre Management s.355 Committee meeting held on 1 February, 2021, and 1 March, 2021, attached to the report, be received and noted.

Carried

 

8.1.10    The Arts Centre Cootamundra s.355 Committee Meeting Minutes

Resolution  079/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Gil Kelly

The Minutes of The Arts Centre Cootamundra s.355 Committee meeting held on 18 February 2021, and 18 March 2021, attached to the report, be received and noted.

Carried

 

8.1.11    Cootamundra Showground Users Group s.355 Committee Meeting Minutes

Resolution  080/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Penny Nicholson

The Minutes of the Cootamundra Showground Users Group s.355 Committee Ordinary Meeting held on 17 March 2021, attached to the report, be received and noted.

Carried

 

8.1.12    Muttama Hall Management s.355 Committee Meeting Minutes

Resolution  081/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Dennis Palmer

The Minutes of the Muttama Hall Management s.355 Committee meeting held on 17 March 2021, attached to the report, be received and noted.

Carried

 

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

Resolution  082/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Gil Kelly

1.   The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting held on
25 February, 2021, attached to the report, be received and noted.

2.   The proposed 2021/2022 schedule of hall hire charges for the Stockinbingal Ellwood’s Hall, attached to the report, be listed in the 2021/22 CGRC Operational Plan Fees and Charges.

Carried

 

8.1.14    Wallendbeen Memorial Hall s.355 Committee Meeting Minutes, Membership and Fees

Resolution  083/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Penny Nicholson

1.   The Minutes of the Wallendbeen Memorial Hall s.355 Committee Ordinary Meeting held on 2 March 2021, attached to the report, be received and noted.

2.   The Minutes and supporting documentation of the Wallendbeen Memorial Hall s.355 Committee Annual General Meeting (AGM) held on 2 March 2021, attached to the report, be received and noted.

3.   The office bearers and membership of the Wallendbeen Memorial Hall s.355 Committee as detailed in the report and attached AGM minutes, be endorsed.

4.   The proposed 2021/2022 schedule of hall hire charges for the Wallendbeen Memorial Hall, attached to the report, be listed in the 2021/22 CGRC Operational Plan Fees and Charges.

5.   The letter of appreciation to Council, from the Wallendbeen Memorial Hall s.355 Committee, attached to the report, be received and noted.

Carried

 

 

 

 

 

8.1.15    Cootamundra Tourism Action Group s.355 Committee Meeting Minutes and Membership

Resolution  084/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Dennis Palmer

1.   The Minutes of the Cootamundra Tourism Action Group s.355 Committee Ordinary Meeting held on 4 March 2021, attached to the report, be received and noted.

2.   The Minutes of the Cootamundra Tourism Action Group s.355 Committee Annual General Meeting (AGM) held on 4 March 2021, attached to the report, be received and noted.

3.   The office bearers and membership of the Cootamundra Tourism Action Group s.355 Committee as detailed in the report and attached AGM minutes, be endorsed.

4.   Council consider the Committee recommendations included in the report and detailed in the Ordinary Meeting Minutes.

 

Carried

 

8.1.16    Updated Council Meeting Action Report

Resolution  085/2021  

Moved:       Cr Penny Nicholson

Seconded:   Cr Leigh Bowden

1.      The Updated Council Meeting Action Report, attached, be noted.

2.      Consideration be given to attend to and beautify the roundabout at Wallendbeen though the 2021/22 budget.

Carried

 


 

 

 

 

8.1.17    March 2021 Information Bulletin

Resolution  086/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Gil Kelly

1.      The Correspondence and Information attached to the March, 2021 Information Bulletin be received and noted.

2.      Decline request to advertise in Regional Lifestyle Magazine.

3.      Council write to the Minister for Local Government, the Hon. Shelley Hancock, MP requesting when will Cootamundra-Gundagai Reginal Council be given an answer to the proposed demerge of Council.

Carried

 

8.2         Finance

8.2.1      Monthly Finance Report for February 2021

Resolution  087/2021  

Moved:       Cr Penny Nicholson

Seconded:   Cr Leigh Bowden

The Finance Report for February 2021 be received and noted.

Carried

 

 

8.2.2      Investment Report - February 2021

Resolution  088/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Penny Nicholson

The Investment Report for February 2021 be received and noted.

Carried

 

8.3         Community and Culture

8.3.1      Cootamundra-Gundagai Agritourism Development Strategy for Community Consultation

Resolution  089/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr David Graham

The Cootamundra-Gundagai Agritourism Development Strategy document be placed on Public Exhibition for the required 28 days.

Carried

 

 

 

8.3.2      Gundagai and Cootamundra Tourism Communication Plans

Resolution  090/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Penny Nicholson

The Gundagai Communications Plan 2021 (Tourism) and the Cootamundra Communications Plan 2021 (Tourism) be adopted. 

Carried

 

 

 

 

8.3.3      Building Better Regions Fund Application Old Mill

Resolution  091/2021  

Moved:       Cr Penny Nicholson

Seconded:   Cr Dennis Palmer

The application for funding made through the Building Better Regions Fund Round 5 for the amount of $495,000, with a co-contribution from Council of $165,000 funded from the New Council Implementation Fund Round2 funds held for the Old Mill be endorsed.

Carried

 


 

8.4         Development, Building and Compliance

8.4.1      Development Application DA2020/138 – Dwelling, Lot 12 Stockinbingal Road, Cootamundra

Resolution  092/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Gil Kelly

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

§ Application No.:         DA2020/138

§ Property:                      Lot 12 DP 870918

Stockinbingal Road

COOTAMUNDRA   NSW   2590

§ Development:              Dwelling – to erect a three (3) bedroom, weatherboard-clad dwelling, and ancillary infrastructure.

 

ADMINISTRATIVE CONDITIONS

 

Approved plans

 

1.             The development shall be generally in accordance with the supporting documentation, including, but not limited to, the following:

 

Following plans prepared by Sowdes

Number

Version

Title

Dated

Date lodged

0010620-02SITE

A

Site plan

08/12/2020

6/1/2020

0010620-02DEV

A

Development precinct site plan

08/12/2020

6/1/2020

Following plans prepared by Coota design

1

-

Floor plan and elevations

06/08/2020

04/09/2020

2

-

Elevations and section

24/08/2020

04/09/2020

 

 

 

 

 

Bush Fire Hazard Assessment report, prepared by Sowdes, dated 8 December 2020, submitted 6th January 2021

NatHERS Report, prepared by Energy Raters, dated 16th August 2020, submitted 4th September 2020

BASIX Certificate No. 1124798S, prepared by Coota design, dated 26th August 2020, submitted 4th September 2020

 

and as modified by any conditions of this consent.

 

2.            No departure from the approved plans and specifications shall be made unless the prior approval of Council has been obtained in writing.

 

Compliance with relevant legislation

 

3.            The development shall be carried out in accordance with the provisions of the Building Code of Australia, Environmental Planning and Assessment Act, 1979 and the regulations made thereunder, in accordance with the plans and specifications approved by Council.

 

4.            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.

Utilities

 

5.            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.

PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE

 

Payment of section 7.12 contribution

 

6.            Prior to the issuing of a construction certificate, a contribution is required towards the provision of public amenities and services, in accordance with the Cootamundra–Gundagai Regional Council Section 7.12 Fixed Developer Consent Levy Contributions Plan 2018.

 

Onsite Sewerage Management System

 

7.            Prior to the issuing of a construction certificate, a section 68 approval under the Local Government Act 1993 shall be obtained for the installation of the onsite sewerage management system.

 

Solid fuel heater

 

8.            Prior to the issuing of a construction certificate, a section 68 approval under the Local Government Act 1993 shall be obtained for the installation of the solid fuel heater.

 

PRIOR TO WORK/CONSTRUCTION COMMENCING

 

Inspection/Certification

 

9.            Where Cootamundra-Gundagai Regional Council is nominated as the Principal Certifying Authority, the following requirements shall be satisfied before works commence:

§ the Principal Certifying Authority Service Agreement shall be completed and signed by the applicant; and

§ terms and conditions of the Principal Certifying Authority Service Agreement shall be satisfied,

§ a minimum of 48 hours’ notice prior to any critical stage inspection or any other inspection shall be given.

 

Signs

 

10.          Site signage 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,

§ 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,

§ the name, address and telephone contact of the Principal Certifying Authority.

 

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.

 

Notice of Commencement

 

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

 

Builders Toilets

 

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

 

Residential Building Work

 

13.          Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information

 

A.    In the case of work for which a principal contractor is required to be appointed:

§ the name and licence number of the principal contractor, and

§ the name of the insurer by which the work is insured under Part 6 of that Act.

 

B.    In the case of work to be done by an owner-builder:

§ the name of the owner-builder and,

§ the number of the owner-builder permit (where required).

 

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (1) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

 

Prior to Building Work Commencing

 

14.          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 works commences:

§ notified the consent authority and the council (if the council is not the consent authority) of 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 to 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 work 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 .

 

Cut and Fill

 

15.          The applicant shall ensure that any cut or fill on site is appropriately graded, drained, retained and revegetated.

 

Siting of Building

 

16.          The applicant is responsible for ensuring that the building is sited on the allotment and constructed to the design levels approved by Council as specified on the approved site plan.

 

Soil Erosion Control

 

17.          Site erosion control measures shall be incorporated into site management prior to work commencing. 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.

 

Restricted Public Access

 

18.          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.

 

DURING CONSTRUCTION

 

Bushfire Construction level

 

19.          All development shall be constructed to BAL-29 construction standard, in accordance with Australian Standard AS3959 - Construction of Buildings in Bushfire Prone Areas, the provisions of Planning for Bush Fire Protection, 2019, and the Bush Fire Hazard Assessment report referenced in Condition 1. 

 

Works to be undertaken in accordance with the approval

 

20.          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.

 

21.       The builder shall maintain on the site, at all times a legible copy of the following:

§ development consent including plans and related documentation,

§ construction certificate including plans, specifications and certificates.

 

Hours of Construction Site Works

 

22.          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.

 

Effluent disposal and plumbing and drainage works.

 

23.          The onsite sewerage management system shall be installed and operated in accordance with the section 68 approval.

 

24.          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 48 hours before the first inspection. They also must submit a correct Sewer Service Diagram (S.S.D) for all works. The Certificate of Compliance (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 applicant shall comply with all requirements tabled under any approval issued under section 68 of the Local Government Act 1993, NSW Fair Trading and The Plumbing Code of Australia.

 

Construction waste management

 

25.          Provision shall be made on site for the proper storage 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.

 

26.          All construction waste shall be removed from the site and disposed of to a licenced waste disposal facility, on a regular basis.

 

Termite Protection

 

27.          The building and immediate surrounds shall be treated be treated in accordance with Australian Standard 3660.1 for protection against subterranean termites, and a copy of the guarantee submitted to Council.

 

NB: If a chemical system is selected for use as a barrier against termite attack, a durable notice shall be attached to the house providing information relating to the treatment supplied and the chemical used. This notice should be affixed permanently in either the electric meter box or at the entrance to the subfloor area.

 

Whilst the Building Code of Australia (BCA) and AS 3660.1 prescribe measures for protection in relation to the structural elements of a building, there are many other elements which may be susceptible to termite attack. Council, therefore, encourages builders and owners to take general protective measures against termite attack according to approved industry standards and practices.

 

No protective measure is permanent. Owners should, therefore, arrange regular inspections of their building by appropriate experts.

 

Storm Water

 

28.          Storm water from roof and hard stand areas, as well as any overflow from a tank, is to be discharged clear of the building and septic tank disposal area, and in such a position that it does not cause nuisance to neighbours or erosion.

 

29.          Run-off and ground water seepage shall be diverted around the building to the storm water system via a suitable drainage system.

 

Water Proofing - Wet Areas

 

30.          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.

 

Slab on Ground Construction.

 

31.          The following points must be complied with: -

§ internal floor level must be a minimum of 225mm above the external finished surface level adjacent to the building

§ external paths and ground surface adjoining the walls of the building must be graded and drained away from the dwelling in such a manner as not to cause a nuisance

 

Scalding

 

32.          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.

 

Smoke Alarms

 

33.          A smoke alarm system complying with Australian Standard AS3786 Self Contained Smoke Alarms or listed in the Scientific Services Laboratory (SSL) Register of Accredited Products - Fire Protection Equipment shall be installed.   The smoke alarm system must be connected to the mains electrical power supply and must have a standby (battery backup) power supply, and where there is more than one smoke alarm installed, all alarms must be interconnected.

 

PRIOR TO OCCUPATION OR COMMENCEMENT OF USE

 

Occupation of Building

 

34.          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.

 

Compliance Certificates

 

35.          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.

 

BASIX

 

36.          The development is to be carried out in accordance with the current BASIX certificate and schedule of commitments approved in relation to this development.

 

Prior to an Occupation Certificate being issued, the applicant is to provide certification certificates to the PCA which specifies that all commitments listed in the BASIX Certificate have been completed.

 

Driveway and Layback

 

37.          A suitably located and constructed vehicle access shall be provided to the site, prior to the issue of an occupation certificate. The vehicle access shall be constructed in accordance with Council’s specifications, after making application to and obtaining approval from Council, under Section 138 of the Roads Act 1993.

 

Property Identification

 

38.          A rural addressing number shall be affixed to the fence adjacent the property entrance, prior to the issuing of an occupation certificate.  The rural addressing number shall be allocated upon construction of the access.

 

PRIOR TO OCCUPATION OR COMMENCEMENT OF USE

 

Ongoing bushfire protection measures

 

39.          The following bushfire protection measures shall be installed and maintained on site, in accordance with the provisions of Planning for Bush Fire Protection 2019 and the Bush Fire Hazard Assessment report referenced in Condition 1:

§ an Asset Protection Zone (APZ) of 25 metres around the development,

§ a minimum of 20,000 litres of water shall be provided to be used exclusively for fire-fighting purposes, fitted with a 65 mm Storz outlet (this shall be in addition to any private supply or storage for drinking water purposes),

§ internal access road.

 

 

REASONS FOR THE CONDITIONS:

 

§ To achieve the objectives of section 1.3 of the Environmental Planning and Assessment Act 1979, having regard to the relevant matters for consideration contained in section 4.15 of the Act and the Environmental Planning Instruments applying to the land.

§ To ensure compliance with the Building Code of Australia, to enable the achievement and maintenance of acceptable standards of structural sufficiency, safety, health and amenity, for the benefit of the community now and in the future.

§ To confirm the details of the application and plans submitted by the Applicant.

§ To ensure compliance with relevant planning controls.

§ To ensure that appropriate environmental protection measures are in place.

§ To ensure the development complies with the requirements of Council policies.

§ To ensure that works do not interfere with reasonable amenity expectations of residents and the community.

 

 

 

 

 

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

Nil

ABSENT

DECLARED INTEREST

Cr Doug Phillips

Cr Charlie Sheahan

Cr Craig Stewart

Nil

Carried

 

8.4.2      Development Application DA2021/13 - Farm Building 659 Berthong Road, Cootamundra

Note: Having declared a significant non-pecuniary interest in this item Cr Palmer (Deputy Mayor) left the room.

Note: On page 302 the address where the shed isto be built is referred to as 359 Berthong Road, Cootamundra, however, 659 Berthong Road, Cootamundra (as detailed in the title of the report) is the correct address.

Resolution  093/2021  

Moved:       Cr Gil Kelly

Seconded:   Cr David Graham

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

Application No.:     DA2021/13

Property:                  Lot 4 DP1085359

659 Berthong Road

COOTAMUNDRA   NSW   2590

Development:        Farm Building – to erect a 384m2 zincalume clad farm building.

 

ADMINISTRATIVE CONDITIONS

 

Approved plans

 

1.             The development shall be generally in accordance with the supporting documentation, including, but not limited to, the following:

 

§     Document Reference

§     Description

§     Author

§     Date

§      

§     Site Plan

§     Applicant

§     February 2021

§      

§     Elevation & Top View

§     Applicant

§     February 2021

§     2102S03
S-01

§     Floor Plan

§     Sheds Design

§     09.02.2021

§     2102S03
S-02

§     Elevation Grids 1 & 4

§     Sheds Design

§     09.02.2021

§     2102S03
S-03

§     Elevation Grid C

§     Sheds Design

§     09.02.2021

§     2102S03
S-04

§     Roof Framing

§     Sheds Design

§     09.02.2021

§     Statement of Environmental Effects, prepared by Applicant, undated, submitted 18 February 2021

     and as modified by any conditions of this consent.

2.             No departure from the approved plans and specifications shall be made unless the prior approval of Council has been obtaining writing.

 

Compliance with relevant legislation

 

3.            The development shall be carried out in accordance with the provisions of the Building Code of Australia, Environmental Planning and Assessment Act, 1979 and the regulations made thereunder, in accordance with the plans and specifications approved by Council.

 

4.            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.

 

PRIOR TO WORK/CONSTRUCTION COMMENCING

 

Prior to Building Work Commencing

 

5.            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 works commences:

§ notified the consent authority and the council (if the council is not the consent authority) of 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 to 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 work 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.

 

Inspection/Certification

 

6.            Where Cootamundra-Gundagai Regional Council is nominated as the Principal Certifying Authority, the following requirements shall be satisfied before works commence:

§ the Principal Certifying Authority Service Agreement shall be completed and signed by the applicant; and

§ terms and conditions of the Principal Certifying Authority Service Agreement shall be satisfied,

§ a minimum of 48 hours’ notice prior to any critical stage inspection or any other inspection shall be given.

Signs

 

7.            Site signage 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,

§ 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,

§ the name, address and telephone contact of the Principal Certifying Authority.

 

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.

 

Notice of Commencement

 

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

 

Builders Toilets

 

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

 

Siting of Building

 

10.          The applicant is responsible for ensuring that the building is sited on the allotment and constructed to the design levels approved by Council as specified on the approved site plan.

 

Soil Erosion Control

 

11.          Site erosion control measures shall be incorporated into site management prior to work commencing. 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.

 

§     Second Hand Materials

§      

§     12.   No second hand materials are to be used on any external surface of the building unless made available for inspection and separately approved by Council prior to erection.

 

Restricted Public Access

 

13.          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.

 

DURING CONSTRUCTION

 

Works to be undertaken in accordance with the approval

 

14.          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.

 

15.       The builder shall maintain on the site, at all times a legible copy of the following:

§ development consent including plans and related documentation,

§ construction certificate including plans, specifications and certificates.

 

Hours of Construction Site Works

 

16.          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.

 

Construction waste management

 

17.          Provision shall be made on site for the proper storage 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.

 

18.          All construction waste shall be removed from the site and disposed of to a licenced waste disposal facility, on a regular basis.

 

Storm Water

 

19.          Storm water from roof and hard stand areas, as well as any overflow from a tank, is to be discharged clear of the building and septic tank disposal area, and in such a position that it does not cause nuisance to neighbours or erosion.

 

20.          Run-off and ground water seepage shall be diverted around the building to the storm water system via a suitable drainage system.

 

PRIOR TO OCCUPATION OR COMMENCEMENT OF USE

 

Occupation of Building

 

21.          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.

 

Compliance Certificates

 

22.          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.

 

ONGOING USE

 

23.           The shed is not to be, nor adapted to be capable of being, used for residential occupation

 

REASONS FOR THE CONDITIONS:

 

§ To achieve the objectives of section 1.3 of the Environmental Planning and Assessment Act 1979, having regard to the relevant matters for consideration contained in section 4.15 of the Act and the Environmental Planning Instruments applying to the land.

§ To ensure compliance with the Building Code of Australia, to enable the achievement and maintenance of acceptable standards of structural sufficiency, safety, health and amenity, for the benefit of the community now and in the future.

§ To confirm the details of the application and plans submitted by the Applicant.

§ To ensure compliance with relevant planning controls.

§ To ensure that appropriate environmental protection measures are in place.

§ To ensure the development complies with the requirements of Council policies.

§ To ensure that works do not interfere with reasonable amenity expectations of residents and the community.

VOTING RECORD

FOR RESOLUTION

AGAINST RESOLUTION

Cr Abb McAlister (Mayor)

Cr Leigh Bowden

Cr David Graham

Cr Gil Kelly

Cr Penny Nicholson

Nil

ABSENT

DECLARED INTEREST

Cr Doug Phillips

Cr Charlie Sheahan

Cr Craig Stewart

Cr Dennis Palmer

                            

 

Carried

 


 

 

8.4.3      Development Applications Approved February 2021

Resolution  094/2021  

Moved:       Cr Penny Nicholson

Seconded:   Cr David Graham

The information on Development Applications approved in February 2021 be received and noted.

Carried

 

8.5         Regulatory Services

8.5.1      Regulatory Report February 2021

Resolution  095/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Leigh Bowden

The Regulatory Report for February, 2021 be received and noted.

Carried

 

8.6         Assets

8.6.1      Road Assets Condition Assessment and Valuation

Resolution  096/2021  

Moved:       Cr David Graham

Seconded:   Cr Leigh Bowden

The Report on Road Assets Condition Assessment and Valuation and the Report Following the Survey of Road Assets for Cootamundra-Gundagai Regional Council – June 2020 attached to the report, be received and noted.

Carried

 


 

 

8.6.2      Gundagai Sewage Treatment Plant - February 2021 Progress Report

Resolution  097/2021  

Moved:       Cr David Graham

Seconded:   Cr Penny Nicholson

The Gundagai Sewage Treatment Plant Progress Report, Gundagai Sewerage Augmentation Construction of 3000EP Wastewater Treatment Plant and Associated Works Progress Report dated 11.03.2021, Appendix B Gundagai STP Construction Program and Project Summary, Appendix C Project Financial Summary and  Appendix D Gundagai Sewage Treatment Plant Treat Effluent Monitoring Report February 2021, attached to the report, be received and noted.

Carried

 

8.7         Civil Works

8.7.1      Tender for Winning and Crushing of Gravel

Resolution  098/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr David Graham

1.       Council endorse the Open Tendering method for the proposed panel contract for the supply of winning and crushing of gravel.

2.       A further report be prepared and submitted for the consideration of Council at the completion of the tendering process.

Carried

 

 

 

8.7.2      Cootamundra Aerodrome Annual Costs

Resolution  099/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr David Graham

The report on the Cootamundra Aerodrome Annual Costs be noted.

Carried

 


 

 

8.7.3      Civil Works and Technical Services Report - March 2021

Resolution  100/2021  

Moved:       Cr Gil Kelly

Seconded:   Cr Penny Nicholson

The Civil Works and Technical Services report for the month of March, 2021 be received.

Carried

 

8.8         Technical Services

Nil

8.9         Facilities

Nil

8.10       Waste, Parks and Recreation

8.10.1    Cootamundra Landfill Operating Hours Review

Resolution  101/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Gil Kelly

1.   The report on the proposed changes to the Cootamundra Landfill Operating Hours Review be received and noted.

2.   The proposed changes to the Cootamundra Landfill operating hours of Monday to Friday 7:30am – 3:30pm, and Saturday and Sunday 9:00am – 2:00pm be endorsed for public exhibition.

3.   The proposal to close the Cootamundra Landfill on all public holidays or predetermined public holidays, be endorsed for public exhibition.

4.   The proposed changes to the Cootamundra Landfill operating hours be placed on public exhibition for a period of 21 days inviting submissions from any interested persons.

5.   A further report be prepared and submitted to the Ordinary Meeting to be held 27th April, 2021 for the consideration of Council following the 21 day public exhibition period.

Carried

 

 

 

 

 

 

 

8.10.2    Cootamundra, Stockinbingal, Wallendbeen and Gundagai Landfill Rehabilitation Cost Estimate Report

Resolution  102/2021  

Moved:       Cr David Graham

Seconded:   Cr Penny Nicholson

1.       The Landfill Preliminary Cost Estimation Report and Landfill Rehabilitation and Preliminary Cost Estimation Report, attached, be received and noted.

2.       The Landfill Preliminary Cost Estimate Report, attached, be adopted.

Carried

 

 

9            Motion of which Notice has been Given

9.1         Notice of Motion - That Minutes or Briefing Notes be Supplied to all Councillors Unable to Attend Councillor Workshops in a Timely Manner when These Meetings Have Not Been Recorded.

Resolution  103/2021  

Moved:       Cr Gil Kelly

Seconded:   Cr Leigh Bowden

That Minutes or briefing notes be supplied to all Councillors unable to attend Councillor Workshops in a timely manner when such meetings have not been recorded.

 

 

 

 

9.2         Notice of Motion - That Council Liaise with the Relevent Government Agencies to Undertake the Process Necessary to Commence Cleaning and Removal of Exotic Trees Along the Muttama Creek.

 That Council liaise with the relevant government agencies to undertake the processes necessary to commence cleaning and removal of exotic trees along the Muttama Creek.

Note: The Motion was withdrawn

 


 

10          Questions with Notice

10.1   Questions With Notice

The Questions with Notice from Councillors and related responses from Council officers be noted.

 

 

10.2       Amended Questions With Notice

Resolution  104/2021  

Moved:       Cr Penny Nicholson

Seconded:   Cr Gil Kelly

1.      The Amended Questions with Notice from Councillors and related responses from Council officers be noted.

2.      A further report on the status of the Gundagai Administration Office upgrade be prepared and submitted to the Ordinary Meeting scheduled to be held 27th April, 2021.

Carried

 

11          Confidential Items  

11.1       Closed Council Report

Resolution  105/2021  

Moved:       Cr David Graham

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       The Five Bridge Replacement Project Report

Provisions for Confidentiality

Section 10A (2) (d(i))  – The Confidential Report contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

Public Interest

It is considered that discussions of this matter in open Council would, on balance, be contrary to the public interest as publication of all tendered amounts would discourage potential tenderers from submitting commercial information in the future and therefore prejudice Council's ability to secure the optimum outcome for the community..

 

Carried

 

11.2       The Five Bridge Replacement Project Report

Resolution  106/2021  

Moved:       Cr David Graham

Seconded:   Cr Gil Kelly

1.   GHD Pty Ltd be approved to undertake the preliminary investigation and concept design works scheduled on five bridges for the quoted price of $161,724.20 (Exc. GST).

2.   The Evaluation Report and Request for Quotation – 2012/5 Concept Design of Five Bridge Replacement Projects Report attached to the report, be received and noted.

Carried

 

 

11.3       Resumption of Open Council Meeting

Resolution  107/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Penny Nicholson

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 9:15PM

 

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 27 April 2021.

 

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

CHAIRPERSON                                                                                                      GENERAL MANAGER

 


Ordinary Council Meeting Agenda

27 April 2021

 

6            Mayoral Minutes

6.1         Mayoral Minute - Councillor Engagement

DOCUMENT NUMBER

347697

AUTHORISING OFFICER

Phillip McMurray, General Manager  

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

ATTACHMENTS

Nil 

 

So as to keep Councillors and the community aware of my engagements on behalf of Council I intend to provide regular updates through my Mayoral Minutes. These Minutes will also include copies of relevant correspondence received by me.

 

Recommendation

The information in the Mayoral Minute be received and noted.

 

30th March, 2021

I attended a meeting with representatives of the Gundagai Preschool and Kindergarten Inc. and Council staff.

Cr Palmer (Deputy Mayor), Cr’s Bowden, Graham, Kelly and Nicholson attended a presentation on Council Assets by Peter Maloney for Maloney Asset Management Systems.

31st March, 2021

Cr Bowden attended a Riverina Regional Library Advisory Committee meeting.

Cr Bowden attended a Coota District Co-op Steering Group meeting.

 1st April, 2021

Cr Bowden attended Cootamundra tourism Action Group 355 Committee meeting.

6th April, 2021

Cr Bowden attended a Cootamundra Youth Council meeting.

7th April, 2021

Cr Bowden attended a Cootamundra Aboriginal Working Party meeting.

8th April, 2021

I attended a meeting with representatives from Local Land Services.

Cr Bowden attended a Cootamundra Development Corporation meeting.

10th April, 2021

Cr Bowden participated an Australian Local Government Women’s Association Women for Election Forum in Wagga Wagga.

11th April, 2021

Cr’s Bowden and Nicholson participated in an Australian Local Government Women’s Association Women for Election Forum in Gundagai facilitated by Cr Cassandra Coleman, President NSW Australian Local Government Women’s Association, providing information to women considering standing for Cootamundra-Gundagai Regional Council at the coming local government elections being held 4th September, 2021.

12th April, 2021

Cr Sheahan attended a Muttama Creek Regeneration Groups meeting.

Cr Stewart attended a Cootamundra Heritage s355 Committee meeting.

Cr Bowden participated in a Coota District Co-op Steering Group meeting.

14th April, 2021

Cr Nicholson attended a Gundagai Tourism Action Group s355 Committee meeting.

Cr Bowden attended a Riverina Murray Regional Alliance meeting at Cootamundra.

15th April, 2021

Cr Bowden attended a The Arts Centre Cootamundra s355 Committee meeting.

16th April, 2021

I attended a Riverina Eastern Regional Organisation of Council Executive Meeting in Wagga Wagga.

I attended the Regional Connectivity Program  announcement held by the Member for Riverina, the Hon. Michael McCormack, Deputy Prime Minister in relation to sharing in $479,000 worth of funding to reduce mobile blackspots. The funding will be shared with Snowy Valleys and Hilltops Councils.

Cr Bowden attended an Eastern Riverina Arts Annual General Meeting.

19th April, 2021

I officially opened the Aboriginal and Torres Straight Islanders Cultural Learning Space and the Gundagai High School library.

Cr Bowden participated in The Coota District Co-op Business Planning Workshop.

20th April, 2021

Cr Palmer (Deputy Mayor), Cr Bowden and I attended a Senior’s Week morning tea held in the Alby Schultz Meeting Space Cootamundra.

Cr Palmer (Deputy Mayor) and I attended a meeting at the Old Hospital, Cootamundra with Member for Cootamundra, Steph Cooke, MP and representatives from Crown Lands to discuss the future of the building.

21st April, 2021

I attended a Gundagai Seniors Week Function and welcomed those in attendance. 

Cr Sheahan attended a Muttama Hall Management Group meeting.

22nd April, 2021

I met with representatives of Gundagai real estate agencies to discuss industrial land development.

Cr Nicholson and I attended a Senior’s Week morning tea held in the Council Chambers Gundagai.

23rd April, 2021

I attended a Riverina Eastern Regional Organisation of Council and Joint Organisation meetings in Wagga Wagga.  


Ordinary Council Meeting Agenda

27 April 2021

 

7            Reports from Committees

Nil 

8            General Manager’s Report


Ordinary Council Meeting Agenda

27 April 2021

 

8.1        Business

8.1.1      Report on the Eastern Riverina Arts Annual General Meeting by Councillor Leigh Bowden

DOCUMENT NUMBER

347699

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.3 Cootamundra-Gundagai Regional Council is a premier local government Council

 

FINANCIAL IMPLICATIONS

The Schedule of Fees for membership of the Eastern Riverina Arts be included in the 2021/22 budget accordingly.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Eastern Riverina Arts Annual General Meeting Report 2021 by Cr Bowden

2.       Eastern Riverina Arts 2020 Annual Report

3.       Annual Report - Chair of the Board

4.       Eastern Riverina Arts Schedule of Fees    

 

Recommendation

1.       The Report on the Eastern Riverina Arts Annual General Meeting by Councillor Leigh Bowden, Eastern Riverina Arts 202 Annual Report, Annual Report chair of the Board and Eastern Riverina Arts Schedule of Fees, attached to the report, be received and noted.

2.       The 2019/20 fees be set using the standard model with an uplift of 2.0% in line with IPARTs rate peg as detailed in the Eastern Riverina Arts Schedule of Fees, attached to the report.

 

Introduction

Eastern Riverina Arts (ERA) is part of the NSW Regional Arts network and is supported by the NSW Government through Create NSW. It is the peak body for arts and cultural development in our region and part of a network of arts organisations across regional New South Wales. It works in partnership with the eight Local Government Areas of Bland, Coolamon, Cootamundra-Gundagai, Lockhart, Junee, Snowy Valleys, Temora and Wagga Wagga. Each of the eight councils are members of ERA and pay an annual membership fee.

Cr Bowden attended the Eastern Riverina Arts Annual General Meeting held 16th April, 2021 in Wagga Wagga and her report, Eastern Riverina Arts Annual General Meeting Report 2021 by Cr Bowden, the Eastern Riverina Arts 2020 Annual Report, the Annual Report – Chair of the Board and Eastern Riverina Arts Schedule of Fees are attached for the information of Council and the community.


Ordinary Council Meeting Agenda

27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

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27 April 2021

 

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27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

8.1.2      Report on the NSW Australian Local Government Women's Association Held 18-20 March, 2021 by Cr Leigh Bowden

DOCUMENT NUMBER

347761

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.3 Cootamundra-Gundagai Regional Council is a premier local government Council

 

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.       Report on the Australian Local Government Women's Association Annual Conference held 18-20 March, 2021    

 

Recommendation

The Report on the Australian Local Government Women's Association Annual Conference held 18-20 March, 2021  by Cr Leigh Bowden be received and noted.

 

 

Introduction

Cr Bowden is a member of the Australian Local Government Women's Association (ALGWA) and attended the Annual Conference held in Shellharbour on 18-20th March, 2021. Cr Bowden’s report on the ALGWA annual conference is attached for the information of Council and the community.

  


Ordinary Council Meeting Agenda

27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

8.1.3      Cootamundra Floodplain Risk Management Committee Meeting held 31st March, 2021 - Minutes and Study Plan

DOCUMENT NUMBER

347175

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

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

3.1 The natural environment is valued and protected

 

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.       Cootamundra Floodplain Risk Management Committee - 31st March 2021 - Minutes

2.       Cootamundra Floodplain Risk Management Study and Plan dated 31.03.2021    

 

RECOMMENDATION

The Report On The Cootamundra Floodplain Risk Management Committee Meeting held 31st March, 2021, The Minutes Of The Cootamundra Floodplain Risk Management Committee Meeting held 31st March, 2021 and The Cootamundra Floodplain Risk Management Study and Plan dated 31.03.2021, attached to the report, be noted.

 

Introduction

The Cootamundra Floodplain Risk Management Committee meet on a quarterly basis to discuss the flood mitigation of the Muttama Creek and other matters relevant to the Muttama Creek that runs through Cootamundra.

The Minutes Of The Cootamundra Floodplain Risk Management Committee Meeting held 31st March, 2021 and The Cootamundra Floodplain Risk Management Study and Plan dated 31.03.2021, attached to the report are provided for the information of Council and the community.


Ordinary Council Meeting Agenda

27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


Ordinary Council Meeting Agenda

27 April 2021

 

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

DOCUMENT NUMBER

346725

REPORTING OFFICER

Teresa Breslin, Governance Officer

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.2 Active participation and engagement in local decision-making

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

To comply with the s.355 Committee Management Manual.

ATTACHMENTS

1.       Ellwood's Hall Meeting Minutes 25 March 2021    

 

Recommendation

The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting held on
25 March 2021, attached to the report, be received and noted.

 

Minutes

The attached Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting held on 25 March, 2021, are submitted for the information of Council and the community.

 

 

 


Ordinary Council Meeting Agenda

27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

8.1.5      Cootamundra Tourism Action Group s.355 Committee Meeting Minutes and Membership

DOCUMENT NUMBER

346793

REPORTING OFFICER

Teresa Breslin, Governance Officer

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.2 Active participation and engagement in local decision-making

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

To comply with the Section 355 Committee Management Manual.

ATTACHMENTS

1.       CTAG s.355 Committee Meeting Minutes 1 April 2021    

 

Recommendation

1.   The Minutes of the Cootamundra Tourism Action Group s.355 Committee Ordinary Meeting held on 1 April 2021, attached to the report, be received and noted.

2.   The membership of Elizabeth Brown and joint membership of Lorna Nixon and Rosalie Dale onto the Cootamundra Tourism Action Group s.355 Committee as detailed in the report and attached minutes, be endorsed.

3.   Council consider the Committees recommendation included in the report and detailed in the Ordinary Meeting Minutes.

 

Introduction

The attached Minutes of the Cootamundra Tourism Group s.355 Committee ordinary meeting and AGM held on 1 April, 2021, are submitted for the information of Council.

Membership

At their ordinary meeting held on 1 April 2021, the Cootamundra Tourism Group s.355 Committee received the following applications for membership.

Membership request:  Elizabeth Brown

Joint Membership request:  Lorna Nixon and Rosalie Dale

The joint membership request is due to the availability of the applicants. They are requesting to hold a joint membership, with the expectation that they will attend alternate meetings and thus be considered, as one member, with one vote.

 

 

Committee Recommendations to Council from the Ordinary Meeting held on 1 April 2021

That Council, with help from the Heritage Committee, develop and install an interpretive sign at the Old Cootamundra Hospital utilising the existing sign pieces at the CGRC depot. If the pieces cannot be found, a new sign is to be made, for consistency, following the design used at the Cootamundra Post Office.


Ordinary Council Meeting Agenda

27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

8.1.6      Muttama Creek Regeneration Group s.355 Committee Meeting Minutes

DOCUMENT NUMBER

347552

REPORTING OFFICER

Teresa Breslin, Governance Officer

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.2 Active participation and engagement in local decision-making

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

To comply with the Section 355 Committee Management Manual.

ATTACHMENTS

1.       MCRG Meeting Minutes 1 February 2021    

 

Recommendation

The Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held on 1 February 2021, attached to the report, be received and noted.

 

Introduction

The attached Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held on 1 February 2021, are submitted for the information of Council and the community.

 


Ordinary Council Meeting Agenda

27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

8.1.7      The Arts Centre Cootamundra s.355 Committee Meeting Minutes

DOCUMENT NUMBER

347682

REPORTING OFFICER

Teresa Breslin, Governance Officer

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.2 Active participation and engagement in local decision-making

 

FINANCIAL IMPLICATIONS

There are no financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no legislative implications associated with this report.

POLICY IMPLICATIONS

To comply with the Section 355 Committee Management Manual.

ATTACHMENTS

1.       TACC Meeting Minutes 15 April 2021    

 

Recommendation

The Minutes of The Arts Centre Cootamundra s.355 Committee meeting held on 15 April 2021, attached to the report, be received and noted.

 

Introduction

The attached Minutes of The Arts Centre Cootamundra s.355 Committee Ordinary Meeting held on 15 April 2021 are submitted for the information of Council and the community.

 

 

 


Ordinary Council Meeting Agenda

27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

8.1.8      Information Bulletin

DOCUMENT NUMBER

347174

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.3 Cootamundra-Gundagai Regional Council is a premier local government Council

 

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.       Riverina Eastern Regional Organisation of  Council Board Papers-April, 2021

2.       Riverina Eastern Regional Organisation of Councils - Draft Minutes - February, 2021

3.       Riverina Joint Organisation Board Agenda and Papers April, 2021

4.       Riverina Joint Organisation Board Draft Minutes - February 2021

5.       21.03.31 - McCormack-Toole-Cooke - More jobs better roads for Cootamundra and Riverina electorates.

6.       Cootamundra-Gundagai Regional Council - Fixing Local Roads Round 2.

7.       Circular 21-03-Additionally Functionality and Improvements to the NSW Companion Animals Register and Pet Registry.

8.       Future of Farming and Biodiversity in Agricultural landscapes - Project information sheet    

 

Recommendation

The correspondence and information attached to the Information Bulletin be received and noted.

 

Council receives correspondence and information from a variety of sources on a regular basis. The attached correspondence and information is attached for the interest of Council and the community.

 


Ordinary Council Meeting Agenda

27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

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27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

8.1.9      Updated Council Meeting Action Report

DOCUMENT NUMBER

347865

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.2 Active participation and engagement in local decision-making

 

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.       Updated Council Meeting Action Report    

 

Recommendation

The Updated Council Meeting Action Report, attached, be noted.

 

Introduction

The Council Meeting Action Report lists actions resolved from previous Council Meetings so the Mayor and Councillors can be assured those actions are completed or progressing.

 


Ordinary Council Meeting Agenda

27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

8.2        Finance

8.2.1      Monthly Finance Report for March 2021

DOCUMENT NUMBER

347683

REPORTING OFFICER

Tim Swan, Manager Finance and Customer Service

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.1 Decision-making is based on collaborative, transparent and accountable leadership

 

FINANCIAL IMPLICATIONS

Regular monitoring of Council’s finances will ensure that any issues are identified in a timely manner.

LEGISLATIVE IMPLICATIONS

There are no legislative implications associated with this report.

POLICY IMPLICATIONS

There are no policy implications associated with this report.

ATTACHMENTS

1.       March 2021 Monthly Finance Report    

 

Recommendation

That the Finance Report for March 2021 be received and noted.

 

Introduction

The Monthly Finance Report provides Councillors with an update on the current budget status.

Discussion

Operating expenditure is slightly over budget for the current year, largely due to the capital/operating split in roads. This, and several other adjustments will need to be made in the Quarterly Budget Review, due for inclusion in the May Council meeting. Any adjustments will also be factored into the 2021/22 budget.

 

 

 

 


Ordinary Council Meeting Agenda

27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

8.2.2      Investment Report - March 2021

DOCUMENT NUMBER

347686

REPORTING OFFICER

Tim Swan, Manager Finance and Customer Service

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.3 Cootamundra-Gundagai Regional Council is a premier local government Council

 

FINANCIAL IMPLICATIONS

Council’s investment income for March 2021 was $5,317.17, 62% over the budgeted figure of $3,289.37.

LEGISLATIVE IMPLICATIONS

Council investments comply fully with Section 625 of the Local Government Act (NSW), 1993, Local Government (General) Regulation, 2005 paragraph 212.

POLICY IMPLICATIONS

The Investment Policy was adopted on 31st July 2018 and is due for review on 31st July 2021.

ATTACHMENTS

1.       Investment Report March 2021    

 

Recommendation

That the Investment Report for March 2021 be received and noted.

 

Introduction

The monthly investment report provides an overview of Council’s investments, and their performance for the month.

Discussion

Investments for the month have produced interest of $5,317.17, 62% over the budget for the month.

 

 

 


Ordinary Council Meeting Agenda

27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

8.3        Community and Culture

8.3.1      Cootamundra-Gundagai Regional Council Youth Strategy 2020-2030

DOCUMENT NUMBER

347712

REPORTING OFFICER

Cindy Smith, Library Manager & Community Services Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.2 Active participation and engagement in local decision-making

 

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.       Draft Cootamundra-Gundagai Regional Council Youth Strategy    

 

Recommendation

Council endorse the draft Cootamundra-Gundagai Regional Council Youth Strategy 2020-2030 be placed on public exhibition for a period of 28 days.

 

Introduction

In 2010 the former Gundagai Shire Council endorsed a Youth Plan written by a consultant for the Gundagai Neighbourhood Centre with funding from Beyond Blue. The plan had a focus on the mental wellbeing of the youth of the Gundagai region as well as the improvement of infrastructure and services for the region’s young people. The plan also facilitated the formation of the Gundagai Youth Council. The former Cootamundra Shire Council had no specific youth plan or strategy document but supported initiatives such as Youth Week and holiday programs with other various community organisations such as Campbell Page and Mission Australia running programs and providing youth services.  It is the aim of the 20-30 Youth Strategy to encompass the region, while taking into account the identity and different needs of each community.

Discussion

The Youth 20-30 survey was held over an 8 week period from December 2019 – February 2020. The submitted responses were gathered and analysed to support the 20-30 Youth Strategy.  Both Youth Councils were heavily involved in the formation of the draft strategy document.

The Cootamundra-Gundagai Regional Council Youth Strategy 20-30 is envisaged as an outline for youth engagement, programs and services within the local government area: focusing on enhancing future opportunities, connection and wellbeing of the regions young people. It supports future budget and funding efforts that will provide for the implementation of youth initiatives aligning with the strategy and aimed at addressing gaps in current services and infrastructure. 


Ordinary Council Meeting Agenda

27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

8.3.2      Gundagai Tourism Action Group s355 Committee - Meeting Held 24th March, 2021

DOCUMENT NUMBER

347715

REPORTING OFFICER

Miriam Crane, Manager Community and Culture

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.2 Active participation and engagement in local decision-making

 

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.       Gundagai Tourism Action Committee Minutes 24 March 2021    

 

Recommendation

The Minutes of the Gundagai Tourism Action Group meeting held on 24th March, 2021 attached to the report, be received and noted.

 

Introduction

The attached Minutes of the Gundagai Tourism Action Committee meeting held 24th March, 2021 are submitted for the information of Council and the community.

 


Ordinary Council Meeting Agenda

27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

8.3.3      Gundagai Tourism Action s355 Committee - Meeting Held 14th April, 2021

DOCUMENT NUMBER

347716

REPORTING OFFICER

Miriam Crane, Manager Community and Culture

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.2 Active participation and engagement in local decision-making

 

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.       Gundagai Tourism Action Committee Minutes 14 April 2021

2.       Rail Trail Forum Report - Virginia Wrice

3.       National Geographic Article - Tumbarumba Rail Trail    

 

Recommendation

1.       The Minutes of the Gundagai Tourism Action Group s.355 Committee meeting held on 14th April, 2021 attached to the report, be received and noted.

2.       Recommendations contained in the Minutes, attached to the report, be considered by Council.

 

 

Introduction

The attached Minutes of the Gundagai Tourism Action Committee meeting held on 14th April, 2021 are submitted for the information of Council and the community.

 

Recommendations contained within the Minutes of the Gundagai Tourism Action Group s.355 Committee meeting held on 14th April, 2021 

1.   Council look at possible ideas for the Railway Bridge and further design models using timber.

2.   Council to receive and note the report from Virginia Wrice about the Tumbarumba Rail Trail Success.

 

 


Ordinary Council Meeting Agenda

27 April 2021

 

COOTAMUNDRA - GUNDAGAI REGIONAL COUNCIL

 

GUNDAGAI TOURISM ACTION COMMITTEE

Meeting No 114

Wednesday 24th March 4:30pm – Gundagai Council Chambers

 

Minutes:

Meeting commenced: 4:38pm

 

Present: Mike Kingwill, Penny Nicholson, Andrew Brock, Peggy Elliott, Leanne Sheahan, Casey Polsen, Miriam Crane

 

Apologies: John Morgan, Abb McAlister, Madeline Ryan

 

Confirmation of Minutes:

Moved: Penny Nicholson

Second: Peggy Elliot

 

Correspondence

No correspondence

 

Key Focus Area Updates

Branding and Marketing Strategy

1.   Billboards

New billboards have gone up as of Wednesday 14th of April. New designs look great. Billboard on the north side is the historic bridges with bike riders and the south side is a couple on the Murrumbidgee River.

 

2.   Marketing Strategy

The Marketing Strategy has been adopted by Council. We are now working towards the delegated tasks in the Communications Plan.

 

3.   New Visitor Guides

Casey presented a draft copy of the New Visitor Guide. Everyone was happy with the new design. At this stage the Old Mill will not be included in the guide. St Patrick’s Day has been added into the events section.

 

Launch and Promotion of Main Street

1.   Main Street Mural

Yianni Johns has finished the Melba design. Yianni has suggested we use a calf “petting zoo” as a way to unveil/promote to new Murals.

 

2.   Puppy Sculptures

Darien Pullen has sent through amended designs for the puppies. All members of the group are happy with the designs. Miriam with be finalising designs with Darien on the 7th of May in Melbourne.

 

 

3.   New Branding Main Street Flags

New flags have been received. Flags will go up next flag rotation after the ANZAC flags. 

 

River Access and Morley’s Creek Plan (Old Mill)

No further comments.

 

Visitor Information Centre Upgrade

Building plans are with the engineers, no further comments since last meeting.

 

Truck Museum

Casey has contacted the Australian Road Transport Heritage Centre asking whether they would be able to attend our monthly TAC meetings. ARTHC are happy to send a representative but a formal letter will still be sent to the group. 

 

Railway Bridge and Cycle Path

Recommendation: Council look at possible ideas for the Railway Bridge and further design models using timber.

Recommendation: Council to receive and note the report from Virginia Wrice about the Tumbarumba Rail Trail Success.

 

Social Media

The Gundagai Visitor Information Centre have received many photos from travelers over the school holidays. Casey has been reposting these photos and has been getting a great response. Our new website has gone live, and has been receiving a great response.

 

GREG Update

GREG held an informal after work event on Thursday 25th March. Attendee numbers were limited but overall was a positive night.

ANBC Update

The date has been set for the Saturday the 23rd and Sunday the 24th of October 2021. Saturday will include - Street Performer Heats and Huge Saturday Night Final. Sunday - Battle of the Bands. Penny will update further at next meeting. Penny asked Andrew whether it would be possible to have Battle of the Bands at Sherwood Forest/Hockey Fields and Andrew made the group aware it is too dangerous to have it at the location. The group is now looking at using ANZAC Park as a possible venue.

General business

1.   Change of Name/Charter

Carried forward

2.   Committee membership

Next meeting which will be held on Monday 10th of May at 4:30pm. Miriam will send letters to tourism and events operators inviting them to our next meeting to hopefully recruit new members. Possible new members: Verity & Michael Whittaker, Louise & Myles Sullivan, Cultural Group. Peggy suggested we hold an informal get together if the next meeting invitation fails.

Meeting closed: 5:38pm

Next Meeting: Monday 10th May at 4:30pm, Gundagai Council Chambers


Ordinary Council Meeting Agenda

27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

8.4        Development, Building and Compliance

8.4.1      Planning Proposal No.4 to amend Gundagai Local environmental Plan 2011

DOCUMENT NUMBER

347601

REPORTING OFFICER

Craig Perrin, Town Planner

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

2. A prosperous and resilient economy: we are innovative and 'open for business'

2.2 Strategic land-use planning is co-ordinated and needs-based

 

2.3 Tourism opportunities are actively promoted

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

Amendments to Gundagai Local Environmental Plan (LEP) 2011.

POLICY IMPLICATIONS

To implement the recommendations of the Cootamundra-Gundagai Regional Council Villages Strategy 2018.

ATTACHMENTS

Nil 

 

Recommendation

That Council:

1.       Accept the report Planning Proposal No.4 to amend Gundagai LEP 2011.

2.       Proceed to finalise the planning proposal to amend the land zone and minimum lot size requirements for the village of Coolac to help promote and develop the village,

3.       Delay the matters in the original planning proposal relating to Nangus and Tumblong to be included with a future comprehensive LEP planning proposal, 

4.       Proceed to finalise minor corrections to Schedule 5 Environmental Heritage of the Gundagai LEP 2011.

 

 

Introduction

This report seeks Council resolution to finalise planning proposal No.4.

At the Ordinary Meeting held 24th April, 2018 Council resolved (Min. no.77/2018) to support a planning proposal to rezone and amend minimum lot size provisions for the villages of Coolac, Nangus and Tumblong and correct minor anomalies in Schedule 5 Environmental Heritage and associated mapping.

In accordance with the Gateway Determination issued on 13th September 2019, public exhibition of the planning proposal was carried out between 20th September 2019 – 18th October 2019. At the same time Council consulted with public authorities nominated by the Department and with relevant local organisations.

As a result of the agency submissions, it is recommended to defer the proposed Nangus and Tumblong matters of Planning Proposal No.4 to the future comprehensive, consolidated Local Environmental Plan (LEP) for the Cootamundra-Gundagai Regional Council Local Government Area.  The proposal in these areas involves converting rural land into potentially residential land and it is considered that the impacts, as identified in the agency submissions, are valid and require additional investigation prior to these areas proceeding. 

Discussion

This planning proposal is intended to implement the recommendations of the Cootamundra-Gundagai Regional Council Villages Strategy 2018 including changes to zones and lot sizes to provide for additional dwelling opportunities and industrial land at Coolac; update objectives of the RU5 Village zone; amend the RU4 Primary Production Small Lots land use table and correct heritage references and mapping errors.

This Council report seeks a resolution to complete the planning proposal affecting the village of Coolac.  It is considered that the limited permissive uses contained with the SP3 Tourist zone land use table is not reflective of the current land use, development pressures and growth potential.  There has been considerable development interest in this area due to the visibility of recent developments seen from the Hume Highway and increased visitation to the area.  The area does not function as a tourist area, rather as a village that supports the day to day needs to the residents and the travelling public and accordingly the progression of this area through the rezoning process is considered appropriate given current function, desired use, location and development activity. Whilst the proposal does not involve the conversion of rural zoned land into residential land, it does involve the rezoning of rural zoned land to industrial and to allow smaller lot sizes.  It is considered that rezoning land that is currently zoned as tourist to a zone that is more in keeping with the desired use of the area, with the proposed industrial land and smaller lot holdings supporting the current function and desired future use of the village area.

The objectives of the draft plan are:

1.   Coolac

a)   Rezone identified area of existing SP3 Tourist to RU5 Village and amend Land Zoning Map LZN_006B accordingly.

b)   Provide a minimum lot size of 2,000m2 to the proposed RU5 Village zone and amend Minimum Lot Size Map LSZ_006 accordingly.

c)   Rezone identified area of existing RU1 Primary Production to RU4 Primary Production Small Lots and amend Land Zoning Map LZN_006B accordingly.

d)   Provide a Minimum Lot Size of 2ha to the proposed RU4 Primary Production Small Lots zone and amend Minimum Lot Size Map LSZ_006 accordingly.

e)   Rezone identified area of existing RU1 Primary Production to IN1 General Industrial and amend Land Zoning Map LZN_006B accordingly.

f)    Provide no minimum lot size to the proposed IN1 General Industrial zone and amend Minimum Lot Size Map LSZ_006 accordingly.

2.   Administrative Amendments

a)   Amend the objectives of the RU5 Village zone, Land Use Table, (2nd dot point) by removing the term ‘village of Nangus’ and replace with the term ‘villages’.

b)   Amend prohibited uses of the RU4 Primary Production Small Lots, Land Use Table, by deleting ‘Camping grounds’, ‘Caravan parks’ and ‘Function centres’ as prohibited uses within the land use zone.

c)   Correct minor errors within Schedule 5 Environmental Heritage as follows:

·    Amend Address of Heritage Item No.3 to 37 Annie Pyers Drive; amend Property Description to read Lot 2 DP 160191 (currently incorrectly identified on Lot 529B DP 203601); amend Heritage Map – Sheet HER_007A accordingly;

·    Amend Property Description of Heritage Item No.5 to Lot 21 DP 1173233; and correct Heritage Maps  – Sheet HER_007CA and Sheet HER_007C accordingly;

·    Additional corrections to Heritage Map – Sheet HER_007CA to display correct locations as follows:

-     Heritage Item No.6 is located on Lots 6 and 7, Section 17, DP 758785 (currently incorrectly identified on Heritage Map as Lot 5 Sec 17 DP 758785), and

-     Heritage Item No.16 is located on Lot 1 DP 155397 (currently incorrectly identified on Heritage Map as Lot 2 Sec 37 DP758785); 

·    Amend Heritage Item No.15 ‘Prince Alfred Bridge’ by amending address to ‘From eastern end Sheridan Street’ to ‘Middleton Drive’.

·    Add extra Heritage Item ‘I24’ to Schedule 5 Part 1 Heritage Items of the Gundagai LEP by adding State Heritage Item Name: ‘Prince Alfred Bridge – Iron Road Bridge’; Address: ‘Middleton Drive’; Property Description: ‘Regional Road MR279 over Murrumbidgee River; and Amend Heritage Map – Sheet HER_007CA accordingly; 

(Note: current heritage item 15 – Prince Alfred Bridge – is broken up into two sections as follows: 1. Local Heritage Item 15 is the section over the river flats (old Hume Hwy)); and then 2. To be added as a separate State Heritage Item I24 which is the follow-on section over the Murrumbidgee River).

·    Remove ‘Gundagai Railway Station and Yard Group’ from the heritage conservation areas within Part 2 of Schedule 5 (as identified “C1” on the Heritage Map) and add as a State significant heritage item (identified as (I23’) under Part 1 Heritage items; Amend Heritage Map – Sheet HER_007CA accordingly.  

As previously mentioned, public exhibition of the planning proposal was carried out. A summary of the submissions are as follows:

COMMUNITY SUBMISSIONS

1.    Re: Coolac

The submission raised concern that the rezoning of the Coolac Recreation Ground to RU5 would promote development on the site which would take away its existing use as an outdoor recreation facility.  The submission also suggested further expansion of the proposed RU5 and RU4 areas.

Response:

I.    The Coolac Recreation Ground is Crown Land. It would be considered that Crown Land would only consent to development of the site that would be ancillary and consistent with the existing recreation use of the land.

It is considered inappropriate to rezone the sportsground to RE1 Public Recreation at this stage as the Coolac Recreation Ground is not classified as public land and therefore Council is not the land manager. It is not the intention of Council to take responsibility of this land which may occur pursuant to Clause 5.2 of the Gundagai LEP 2011 if the land was rezoned to RE1 Public Recreation.   

II.   It is considered that the current planning proposal will provide enough opportunity for the development of the Coolac village pursuant to the Cootamundra Gundagai Regional Council Village Strategy. If further expansion is required as suggested by the submission, this can be revisited as part of the development of the comprehensive consolidated LEP.

 

2.    Re: Nangus

The submission raised concerns over the land being rezoned at Nangus. The submission incorrectly suggested that the property owner wasn’t notified of the intended rezoning prior to this subject planning proposal.

Response:

At Council’s April 2018 Ordinary Meeting, Council resolved to prepare an amendment to the Gundagai LEP 2011. The proposed amendment intended to implement land zoning and minimum lot size recommendations of the Village Strategy.  The Village Strategy was developed in late 2017 and exhibited in early 2018. During this process, Council notified impacted property owners to provide an opportunity for comments on the proposal.

Despite the above, it is proposed to delay matters affecting Nangus and Tumblong to be included with a future comprehensive LEP planning proposal.  As discussed in the agency submissions these areas require further investigation as it involves rurally zoned land being rezoned to residential land and in accordance with Ministerial Direction (Section 9.1 Directions) 1.2 needs additional justification.

 

3.    Local Land Services (LLS)

LLS were contacted as a land owner within the subject planning proposal. LLS submission agrees with the proposal.

 

4.0 VIEWS of PUBLIC AUTHORITIES

1.    DPIE – Biodiversity and Conservation (formerly OEH)

The submission from the Biodiversity and Conservation Division of Department Planning, Industry and Environment raised the following concerns:

a)    The submission suggested that the subject planning proposal is inconsistent with Section 9.1 Ministerial Direction 4.3 Flood Prone Land.

b)    The planning proposal increases the likelihood of harm to threatened species and Aboriginal cultural heritage.

Response:

Whilst the submission from DPIE is not an objection to the planning proposal, Council has considered the matters raised in the submission.

It is considered that the concerns raised can be negated without further delaying the planning proposal and deemed it appropriate to progress with the Coolac Village planning proposal.

Furthermore, the planning proposal is consistent with 9.1 Ministerial Directions as explained as follows:  

a)   Although a comprehensive flood study of Coolac village has not been carried out at this stage, recent flood events suggest there would be no adverse flood impacts on the proposed residential development area within the proposed RU5 Coolac Village zones. Additionally, the RU4 has a proposed minimum lot size of 2ha in order to minimize potential future flood events to provide opportunity for suitable residential development.  The Floodplain Development Manual states that ‘the NSW Government’s Flood Prone Policy does not support the use of zoning to unjustifiably restrict development simply because land is flood prone’. The document continues by stating ‘Zoning of flood prone land should be based on an objective assessment of land suitability and capability, flood risk, environmental and other factors’.

As a result of community consultation and local investigation of recent flood events, it is anticipated that a formal flood study will confirm the flood status of the area. Furthermore, development restrictions will be included in Council’s forthcoming consolidated Development Control Plan as recommended from the Flood Study.

Local residents have raised concerns that the village is lacking stormwater infrastructure and this contributes to local drainage problems. This is also identified within the Coolac Village Strategy as a priority and provides the following statement - ’integrating a stormwater network with any new street trees could be an option for achieving multiple outcomes with one project’.  It is anticipated that residential development will in itself provide for improved stormwater disposal.  As residential activity increases the provision of stormwater infrastructure, although piecemeal at first, will also develop to service such development.   Notwithstanding the increase in development, there will be a need for Council to provide stormwater infrastructure. To assist with funding of the above stormwater network, Council intends to produce a contributions plan that will allow Council to impose a development levy in accordance with Section 7.11 of the Environmental Planning and Assessment Act, 1979 wherein those that directly benefit from the provision of the infrastructure pay for the installation.

Careful consideration as required by Section 9.1 Ministerial Direction, direction 4.3 Flood Prone Land, subsections (4) – (8), has been applied to the planning proposal at Coolac and considered consistent and appropriate by Council to complete.

b)   Obligations pursuant to Part 7 of the Biodiversity Conservation Act 2016 (BC Act) must be considered for all development to assess the impact of development on threatened species habitat of all clearing of native vegetation. At this stage, Council is not planning to commission a Biodiversity Development Assessment Report (BDAR) in relation to the subject planning proposal.  For the most part Council’s mapping, supported by aerial photography, indicates that the majority of the area proposed to be converted from the SP3 Tourist zones to RU5 Village is not subject to sensitive terrestrial biodiversity.  The exception to this is the areas of Crown Land within the proposed village area.  However, there is no proposal at this stage for Council to acquire, extinguish or develop the areas of Crown Land.  It is therefore unlikely that the planning proposal will have a significant impact upon native species or contravene the objectives of the Biodiversity Conservation Act 2016.  Notwithstanding the above, responsibilities pursuant to the BC Act will fall upon future development proponents ensuring compliance with biodiversity considerations and obligations. 

c)   Council has submitted a grant application to assist with a comprehensive Aboriginal Cultural Heritage (ACH) investigation to be carried for the subject investigation area. It is anticipated that the ACH study will be completed prior to any Council approval for future development.  It is further anticipated that the study will not reveal any major relics, however, as Council is proposing to develop a consolidated Development Control Plan (DCP), relevant development restrictions will be applied as a result of the completed ACH study within the forthcoming DCP.

 

2.    Roads and Maritime Services (now known as Transport for NSW)

The submission makes comments regarding the ongoing management of traffic related development issues. There were four specific matters raised regarding the provisions of the draft plan:

a)      Restricting vehicle access to classified roads 

b)      The potential for noise generation by traffic on the existing Hume Highway and potential impacts on future developments

c)       The potential of the proposed development causing visual impact to the travelling public along the Hume Highway.

d)      Restricting signage within the development precinct so as not to cause distraction to the travelling public along the Hume Highway.  

Response:

The planning proposal will not impact upon traffic conditions on the classified road network.  Similarly, restriction as to user can be placed on properties to limit the potential for noise generated by the Hume Highway to impact upon development in the village area.  However it is considered given the local topography, traffic volumes and gradient of the Hume Highway that the noise is unlikely to be an issue.  Similarly, these issues are equally applicable to the visual impacts of the proposed rezoning.  Given that the area is to be rezoned from SP3 Tourist to RU5 Village it is anticipated that development that relies on passing trade and associated signage is likely to be less than the current situation.  Furthermore, Council will be introducing a combined Development Control Plan for the former Cootamundra and Gundagai Council areas. The issues raised in the Roads and Maritime submission will be addressed and controlled by the newly adopted Cootamundra Gundagai Regional Council Development Control Plan.

 

3.    Department of Primary Industries (DPI)

DPI Agriculture participated in the development of the Villages Study and does not object to the planning proposal.

 

4.    DPIE – Water (formerly DPI)

The subject planning proposal was referred to DPIE – Water with no response received.

 

5.    NSW Rural Fire Service (RFS)

The subject planning proposal was referred to the RFS and raised no objections to the proposal.

 

In accordance with the associated Gateway determination, Council has been authorised as the plan-making authority pursuant to section 3.36(2) of the Environmental Planning and Assessment Act, 1979.


Ordinary Council Meeting Agenda

27 April 2021

 

8.4.2      Development Application 2021/15 - 2 Ward Street, Cootamundra - Variation to Development Control Plan

DOCUMENT NUMBER

347668

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 timeframes.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Assessment Report - 2021/15 - 2 Ward Street, Cootamundra    

 

Recommendation

That Council approve the following development, in a new location, being 6.64m from the front boundary line subject to the consent conditions below:

Application No.:     DA2021/15

Property:                  Lot 3, Section 4, DP2740

2 Ward Street

COOTAMUNDRA  NSW  2590

Development:      To construct a shed as ancillary to the existing dwelling 

 

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

YUNG01-3579

General Arrangement

Ranbuild

February 2021

PE36-A/2

Engineering Notes & Schedule

Ranbuild

February 2021

PE36-A/2

Structural Layout

Ranbuild

February 2021

PECON2005

Connection Details

Ranbuild

February 2021

402943

Structural Adequacy of Steel Framed Buildings

BlueScope Steel       

21 January 2021

 

 

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

 

(3)       GEN Condition - Utilities

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

 

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

 

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

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

 

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

 

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

(1)       PCC Condition - Driveway & Layback Installations.

The provision of adequate vehicle access, including the provision of an invert crossing at the kerb and gutter is required to be installed as part of the development. The installation of the vehicle access and kerb and gutter crossing are to be constructed in accordance with Councils “Typical vehicle kerb and gutter crossing KG 65/1”.

 

An Application is to be lodged with Council along with appropriate current fee’s paid, for approval under Section 138 of the Roads Act 1993 prior to the issue of a Construction Certificate.

 

Twenty four (24) hours’ notice is to be given to Council’s Engineering Services group before placement of concrete to enable formwork to be inspected. Failure to do so may result in rejection of the works and a need for reconstruction.

 

Reason: To ensure that adequate vehicle access is achieved and maintained throughout the development

 

(2)       PCC Condition – Amended Site Plan

The applicant is to submit, and receive approval for, an amended site plan that places the shed 6.64m from the front boundary.

 

Reason: To protection the amenity and streetscape of the locality.

 

PRIOR TO COMMENCEMENT OF WORKS

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

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

 

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

 

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

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

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

 

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

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

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

 

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

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

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

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

 

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

 

(2)       PCW Condition – Signage.

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

 

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

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

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

 

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

 

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

 

(3)       PCW Condition – Notice of Commencement.

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

 

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

 

(4)       PCW Condition – Builders Toilets.

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

 

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

 

(5)       PCW Condition – Residential Building Work.

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information

 

1.    In the case of work for which a principal contractor is required to be appointed:

a.    In the name and licence number of the principal contractor, and

b.    The name of the insurer by which the work is insured under Part 6 of that Act.

 

2.    In the case of work to be done by an owner-builder:

a.    The name of the owner-builder and,

b.    If the owner builder is required to hold an owner builder permit under the Act, the number of the owner-builder permits.

 

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (1) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

 

Reason: Statutory compliance.

 

(6)       PCW Condition – Siting of Building.

The applicant is responsible to ensure that the building is sited on the allotment and constructed to the design levels approved by Council as specified on the approved site plan.

 

Reason: To ensure the development is carried out on the correct allotment.

 

(7)       PCW Condition – Waste Storage During Construction.

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

 

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

 

(8)       PCW Condition – Soil Erosion Control.

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

 

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

 

(9)       PCW Condition – 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 – Driveway and Layback.

The provision of an adequate vehicle access, including the provision of an invert crossing at the kerb and gutter is required to be installed as part of the development. The installation of the vehicle access and kerb and gutter crossing are to be constructed in accordance with Councils 'Typical vehicle kerb and gutter crossing KG 65/1'.

 

Twenty four (24) hours’ notice is to be given to Council's Works & Services group before placement of concrete to enable formwork to be inspected. Failure to do so may result in rejection of the works and a need for reconstruction.

 

Reason: To ensure appropriate vehicle access is provided to the development which does not adversely impact on pedestrian traffic or Council's public road infrastructure.

 

(7)           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.

 

(8)           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.

 

(9)           DUR Condition – Inspections.

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

 

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

 

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

 

(10)        DUR Condition – Restricted Public Access.

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

 

Reason: To ensure public safety is maintained.

 

(11)        DUR Condition – Storm Water.

Storm water is to be discharged: -

 

1.    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

 

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

 

POST CONSTRUCTION

(1)       POC Condition – Occupation of Building.

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

 

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

ONGOING USE

(1)       USE Condition – Business Use.

The shed not being let, adapted or used for separate occupation or commercial purposes.

 

Reason: Development consent is required for any activity other than residential.

 

(2)       USE Condition – Clean and Tidy.

The premises are to be maintained in a clean and tidy condition at all times.

 

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

 

(3)       USE Condition –Amenity General.

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

 

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

 

(4)       USE Condition – Non Habitable Use.

The shed is not to be used for residential occupation without prior consent of Council.

 

Reason: Health and safety prohibition.

 

 

Introduction

Council has received an application for the erection of shed as ancillary to the existing dwelling on site.  The applicant seeks a variation to the controls within Council’s adopted Development Control Plan.  In accordance with the delegations issued to staff where variation sought to the Development Control Plan is greater than 10% the matter is referred to Council for determination.

 Discussion

Council has in place an adopted a Development Control Plan (DCP) that provides guidance on the development standards that Council believes will lead to desired outcomes in building design, streetscape, traffic, heritage and environment.  The DCP contains performance criteria and associated acceptable solutions to assist applicants in achieving the desired outcomes.  However it is recognised that there are other means of achieving the desired outcomes outside of the acceptable solutions and where a similar or better result is able to be achieved such alternatives should be considered. 

In considering variations to the standards contained within the DCP applicants are required to justify why the standards should be varied and how this will lead to an outcome that is equivalent, if not better, than the articulated performance criteria.  In this instance there is no justification provided by the applicant for varying the requirements of the DCP. A full assessment of the proposed development contained within the assessment report attached herewith. 

 


Ordinary Council Meeting Agenda

27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

8.4.3      Development Application 2021/36 - 4 Lawrence Street, Cootamundra - Variation to Development Control Plan

DOCUMENT NUMBER

347696

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 timeframes.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Assessment Report - DA2020-36 - Construction of Carport and Shed Extensions - 4 Lawrence St, Cootamundra    

 

Recommendation

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

·     Application No.:         DA2021/36

·     Property:                      Lot 2, DP501617

4 Lawrence Street

COOTAMUNDRA  NSW  2590

 

·                                    Development:         To construct a carport and shed additions as ancillary to the existing dwelling 

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

202100/01

Proposed Steel Framed Carport and Garage Extension

HVJ

24/02/21

202100/02

Shed Extension Detail

HVJ

26/02/2021

Request for Variation from DCP Controls, undated, prepared by Brian Speering

Statement of Environmental Effects, undated, prepared by Brian Speering

 

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

 

(3)       GEN Condition - Utilities

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

 

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

 

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

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

 

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

 

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

(1)       PCC Condition – New Connection: Plumbing and Drainage Works.

 

An application shall be lodged and approved by Cootamundra Shire Council under Section 68 of the Local Government Act for any new water, sewerage or drainage connection prior to the issue of a Construction Certificate.

 

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

 

The proponent shall comply with all requirements tabled under any approval issued under section 68 of the Local Government Act 1993, NSW Fair Trading and The Plumbing Code of Australia.

 

Reason: Statutory compliance.

PRIOR TO COMMENCEMENT OF WORKS

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

 

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

 

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

 

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

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

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

 

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

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

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

 

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

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

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

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

 

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

 

(2)       PCW Condition – Signage.

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

 

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

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

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

 

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

 

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

 

(3)       PCW Condition – Notice of Commencement.

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

 

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

 

(4)       PCW Condition – Builders Toilets.

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

 

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

 

(5)       PCW Condition – Residential Building Work.

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information

 

1.    In the case of work for which a principal contractor is required to be appointed:

a.    In the name and licence number of the principal contractor, and

b.    The name of the insurer by which the work is insured under Part 6 of that Act.

 

2.    In the case of work to be done by an owner-builder:

a.    The name of the owner-builder and,

b.    If the owner builder is required to hold an owner builder permit under the Act, the number of the owner-builder permits.

 

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (1) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

 

Reason: Statutory compliance.

 

(6)       PCW Condition – Siting of Building.

The applicant is responsible to ensure that the building is sited on the allotment and constructed to the design levels approved by Council as specified on the approved site plan.

 

Reason: To ensure the development is carried out on the correct allotment.

 

(7)       PCW Condition – Waste Storage During Construction.

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

 

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

 

(8)       PCW Condition – Soil Erosion Control.

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

 

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

 

(9)       PCW Condition – Second Hand Materials.

No second hand materials are to be used on any external surface of the building unless made available for inspection and separately approved by Council prior to erection.

 

Reason: To ensure the external appearance of the building is maintained to an acceptable standard.

 

(10)     PCW Condition – Underground Services.

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

 

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

 

DURING CONSTRUCTION

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

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

 

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

 

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

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

 

Monday to Saturday from 7.00am to 7.00pm

Sundays and public holidays from 9.00am to 12.00pm

 

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

 

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

 

(3)           DUR Condition – Footpath Storage.

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

 

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

 

(4)           DUR Condition – Waste Removal.

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

 

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

 

(5)           DUR Condition – 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.

 

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

 

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

 

(9)           DUR Condition – Restricted Public Access.

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

 

Reason: To ensure public safety is maintained.

 

(10)        DUR Condition – Storm Water.

Storm water is to be discharged:

1.    Clear of the building and septic tank disposal area

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

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

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

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

 

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

 

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.

 

ONGOING USE

(1)       USE Condition – Business Use.

The carport not being let, adapted or used for separate occupation or commercial purposes.

 

Reason: Development consent is required for any activity other than residential.

 

(2)       USE Condition – Carport Enclosure Prohibited.

The open sides of the carport are not to be enclosed at any point in time without the prior consent of Council.

 

Reason: Statutory compliance with the fire separation requirements of the Building Code of Australia.

 

(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.

 

(5)       USE Condition – Non Habitable Use.

The shed is not to be used for residential occupation without prior consent of Council.

 

Reason: Health and safety prohibition.

 

 

Introduction

Council has received an application for the erection of an additional to an existing garage structure and Carport in front of the building line.  The applicant seeks a variation to the controls within Council’s adopted Development Control Plan.  In accordance with the delegations issued to staff where variation to the Development Control Plan building forward of the building line the matter is referred to Council for determination.

Discussion

Council has in place an adopted a Development Control Plan (DCP) that provides guidance on the development standards that Council believes will lead to desired outcomes in building design, streetscape, traffic, heritage and environment.  The DCP contains performance criteria and associated acceptable solutions to assist applicants in achieving the desired outcomes.  However it is recognised that there are other means of achieving the desired outcomes outside of the acceptable solutions and where a similar or better result is able to be achieved such alternatives should be considered. 

In considering variations to the standards contained within the DCP applicants are required to justify why the standards should be varied and how this will lead to an outcome that is equivalent, if not better, than the articulated performance criteria.  In this instance the justification for varying the requirements of the DCP includes no ability to have rear access, desire to double the size of the storage area and still have undercover parking for a single vehicle.  A full assessment of the proposed development contained within the assessment report attached herewith. 

 

Summary of areas of noncompliance identified in the assessment report:

·    the proposal, as a carport, is forward of the building line.

 


Ordinary Council Meeting Agenda

27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

8.4.4      Lot 53 Banjo Paterson Place, Gundagai - Variation to 88B Instrument

DOCUMENT NUMBER

347769

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

 

4. Good governance: an actively engaged community and strong leadership team

4.1 Decision-making is based on collaborative, transparent and accountable leadership

 

FINANCIAL IMPLICATIONS

If the variation is approved there will be costs involved in preparing and registering the variation documents.

LEGISLATIVE IMPLICATIONS

Council needs to assess each application on its individual merits in accordance with legislative requirements and timeframes. In this instance there is a restriction as to user that governs the development of and on the site.

POLICY IMPLICATIONS

The restriction as to user was created by Council as the developer for the subdivision.  The resolution of Council in this matter may have implications for the future development of other lots in this subdivision.

ATTACHMENTS

1.       88B Document for Subdivision DP1173450

2.       Plan of Subdivision DP1173450    

 

Recommendation

Council not agree to vary the 88B instrument for this subdivision.

 

 

Introduction

Council has the Authority to release, vary or modify the Restrictions on Use of the Land in DP1173450, known as the Bourke Estate.  To make variations to the Restrictions, there will be additional costs to the landowner requesting the variation, and variations may impact on the overall look of the subdivision, possibly impacting of property values in the area. Before any landowner engages a solicitor to draft a Deed of Variation, Council needs to consider and decide whether they are open to accepting Variations from any landowner in the subdivision.

Discussion

In 2012 Gundagai Council developed and registered the subdivision of Bourke Estate, being DP1173450. The development included Restrictions on the use of the land, through a section 88B instrument.  An 88B instrument is a document created under Section 88B of the Conveyancing Act 1919 which sets out the terms of any easements, restrictions or positive covenants in relation to land use.  This instrument is a legal document that is lodged and registered on the title of the allotments in the subdivision.

Restrictions to Users under an 88B instrument allow the developer to control certain aspects of subsequent development on the land, providing assurance to the purchasers of the land that the standards of development remain at the standard set by the developer.  It provides a level of surety to owners, the developer and potential purchases as there is a legal process to vary any restriction.

In this instance Council, as the developer, imposed restrictions to the use of the land which set limits and restrictions on future development including:

·    use of construction materials, particularly external walls and roofing,

·    construction treatments (recessing of windows),

·    setbacks from the street frontage boundary,

·    use of the buildings, and

·    height and colour of fencing.

The benefit of a Restriction is to ensure a certain level of quality of the builds within the area, and often results in houses within the development adhering to a certain ‘look’. By maintaining standards Restrictions can protect property values.  Unlike a development control plan, which is able to be varied by resolution of Council, an 88B document is a legal instrument that can only be varied via a legal process.

The majority of the land in the development has now been sold, and the dwellings constructed and approved have been in accordance with the restrictions of the 88B.  Council is now in receipt of the Development Application that does not meet the requirements of the Restrictions listed in the 88B, in regard to construction materials, treatments and setback.

The 88B instrument nominates Gundagai Shire Council as the Authority empowered to release, vary or modify the Restrictions.  Cootamundra-Gundagai Regional Council, as the successor of Gundagai Shire Council, is now the Authority able to release, vary or modify the Restrictions.  As the subdivision was a Council development and the restriction on the use of land was imposed under s.88B, any variation to the restriction on the use of land will be varied like any other restriction on a Torrens title. The process for varying the Restrictions will be:

·    The Council and any other party with an interest in the land (eg the owner and any mortgagee) enter into an agreement in the form of a Deed to vary the restriction on the use of the land in the manner desired, and then

 

·    The registered proprietor, of the lot the subject of the variation, prepares and submits to the Registry (for land titles) a form of Request (LRS Form 11R) “to record in the Register the variation of the terms of the Restriction on the Use of Land numbered 53 in Deposited Plan 1173450, which were created pursuant to s.88B of the Conveyancing Act 1919, in accordance with Deed dated [insert date] between [insert parties].”

 

·    Upon lodging the folio of the Register for the affected lot, the duly executed and stamped Deed of Variation and the form of Request (Form 11R), the variation will then be recorded on the certificate of title for the lot.

 

The application before Council (as shown below) proposes the following variations:

·    a reduced setback of 3.996mm to the eaves from the front boundary; the 88B requires a 7m setback from the street boundary frontage;

·    James Hardie Scyon Cladding (as depicted below in Figures 1, 3 & 4), the 88B states brick, stone, concrete, glass time or any combination provided that timber is infill in conjunction with other mentioned materials and does not exceed 15%. Texture coated fibrous cement sheeting may be used provided that the area below floor level is concrete, brick or stone (or combination of) and the frame is at least 160mm thick and any windows are recessed at least 80mm from the external face of the sheet;

·    90mm external wall thickness, the 88B requires a frame thickness of 160mm, with windows recessed 80mm for texture coated fibrous cement sheeting cladding (if it is accepted that the James Hardie Scyon Cladding system meets this criterion);

·    fence extends to street frontage on both sides and within the building line of the property to the north, the 88B states no fences between the building alignment and the street frontage to any lot;

·    southern boundary fence is 1800mm atop a 600mm (maximum) timber retaining wall; the 88B states no fence of greater height than 1.80 metres above the natural ground level on any boundary.

 

The intent of the restriction as to user was that dwellings within the subdivision would present as masonry or masonry rendered, slab on ground dwellings with tile or Colorbond roofing.  Further, was that the subdivision present in a uniform extends to the location, colour and height of fencing.

             Figure 1 – depiction of cladding system

Figure 2 – Site plan

                   reduced boundary setback

                   1800mm fence atop a 600mm (maximum timber retaining wall)

                   1800mm fence to front boundary

 


                   fence within building setback of adjoining property

Figure 3 - elevations

Figure 4 - Elevations

Council needs to consider the appropriateness and implications of approving variations to the 88B, particularly given that all but one of the allotments in the subdivision have been sold under the provisions of the existing 88B.  


Ordinary Council Meeting Agenda

27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

8.4.5      Development Applications Approved March 2021

DOCUMENT NUMBER

347626

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 March 2021 be received and noted.

 

 

Introduction

The Development Applications Approved in March 2021 report is submitted for the information of Council regarding development applications processed.

Discussion

The following development applications were approved by Cootamundra Gundagai Regional Council in March 2021.

APP. NO.

PROPOSED DEVELOPMENT

PROPERTY DESCRIPTION

 

DA.2020.215

Dwelling Alteration & Addition /demolition of garage

Lot 6 DP15815 Quinn St, Cootamundra

DA.2020.151

Change of Use

Lot 1 DP725598 Cooper St Cootamundra

DA.2020.138

New Dwelling 

Lot 12 DP870918 Stockinbingal Rd Cootamundra

CDC.2021.3

Demolition

Lot 19 DP1117012 Bourke St Gundagai

DA.2021.32

Alterations/additions to commercial

Lot 1 DP160219 Sheridan St Gundagai

DA.2021.31

New Shed

Lot 2 DP323243 Hovell St Cootamundra

DA.2021.30

New Shed

Lot 18 DP1092957 Mary Angrove Cres Cootamundra

DA.2021.26

New Farm buildings

Lot 398 DP664519 Brungle Rd Gundagai

DA.2021.25

New Dwelling

Lot 4 DP 252246 Nangus Rd,Nangus

DA.2021.24

New Dwelling

Lot 51 DP1173450 Lawson Dr, Gundagai

CDC.2021.2

New Pool/Spa

Lot 53 DP707561 Allumba Pl Cootamundra

DA.2021.23

Construction of Two Bedroom Unit in Existing Carport

Lot 26 DP1085310 Cricket Ground Dr Gundagai

DA.2021.22

New Dwelling

Lot 16 Sec A DP4840 Betts St Cootamundra 

DA.2021.21

New Shed

Lot 2 DP4840 Gundagai Rd Cootamundra

DA.2021.20

New Carport

Lot 2, DP819587 Back Brawlin Rd Cootamundra

DA.2021.18

New Dwelling House

Lot 2 DP1237342 Back Brawlin Rd Cootamundra

DA.2021.17

New Shed

Lot 3 DP1134918 Adelong Rd Tumblong

DA.2021.16

New Carport

Lot 1 DP921609 Wallendoon St Cootamundra

DA.2021.13

New Shed

Lot 4 DP1085359 Berthong Rd Cootamundra  

DA.2021.4

Installation Weighbridge

Lot 1 DP611755 Stockinbingal Rd Cootamundra

DA.2021.14

Shed Alterations and Additions

Lot 183 DP753601 Old Cootamundra Rd Cootamundra

 

 

VALUE OF WORK REPORTED TO THIS MEETING:

$2,490,261.00

VALUE OF WORK REPORTED YEAR TO DATE:

$11,135584.00

 

THIS TIME LAST YEAR:

 

VALUE OF WORK –March 2020:

$2,056,275.00

VALUE OF WORK – YTD 2020:

$2,889,009.00

  


Ordinary Council Meeting Agenda

27 April 2021

 

8.5        Regulatory Services

8.5.1      Regulatory Report March 2021

DOCUMENT NUMBER

346743

REPORTING OFFICER

Glen McAtear, Manager Regulatory Services

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.3 Cootamundra-Gundagai Regional Council is a premier local government Council

 

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

Nil  

 

Recommendation

The Regulatory Report for March, 2021 be received and noted.

 

Introduction

The following report details the main activities that were carried out by the Regulatory staff during March, 2021.

Biosecurity Activities

Council’s Regulatory team in conjunction with the Local Lands Department and the Department of Primary Industries held a very successful Weed Information Day at the Cootamundra Saleyards. drumMUSTER collections continued to be received throughout the month. CGRC roadsides and highways were inspected and sprayed and concentrated spraying on Stockinbingal Road and Rosehill Road. Khaki weed was targeted in the townships. Funded fencing and spraying Crown Land works and quoted Private works for weed spraying was also undertaken. Targeted weeds this month included African boxthorns, Blackberry and Bathurst burrs. The Biosecurity Officers also attended Weed Meetings and further Chemical Safety training.


 

Cemetery Activities

Burial enquiries - Locate grave, provide maps and information for family research: 42

All Cemeteries mowed, weeds sprayed, trees watered and plants pruned and sprayed. General grave maintenance including backfilling feral animal holes, topping up graves and irrigation repairs. Cemetery Attendant also assisted with Village Hall mowing.

Burial/Interments: 9

Cemetery Locations: Cootamundra 5, Gundagai North 1, Gundagai South 2, Coolac 1

 

Ranger Activities

Rangers have been continuing with the Companion Animal Audit to assist with responsible pet ownership, explaining the two step process of Microchipping and Lifetime Registration. This continued effort has shown an increase of 400% in registrations over the past 3 years.

The Animal Care Facility was mowed and maintained, along with baiting for mice and rats. The Rangers attended to several complaints, 7 Nuisance Dog issues, 1 Dog Park issue, 1 Menacing Dog re-assessment, 1 Nuisance Dog declaration and 2 Menacing Dog declarations, 2 illegally parked unregistered motor vehicles and an illegal dumping incident and clean up. During this month cat traps were hired out for feral cat capture and 6 feral cats were euthanised. Dog Waste Stations were refilled with bags in all parks. The Rangers were both in attendance at the CGRC Weed Information Day held at the Cootamundra Saleyards and Microchipped and Registered 10 working dogs from our LGA.


 

NSW Companion Animal Registrations: 105, amount received for March 2021: $6,290.00
Dogs and Cats Seized across the LGA 21 - Seizure Locations: Cootamundra 18, Stockinbingal 2

 

 

Dog Attack Incidents: 3 - Dog Attack Incident Locations: Cootamundra 1, Gundagai 2

 

 

Saleyard Activities

Sheep Sales held – Cootamundra: 2 - Yarding information: Total sheep sold:  3379 head.

Total amount of sales - $627,915.60 Top price: $220, Average Price:  $182.81

Cootamundra yards cleaned and maintained with minor repairs and weed spraying. Gundagai yards had trough repairs undertaken and stump grinding works.

Cattle Sales – Gundagai: 1 – Yarding information: Total cattle sold: 784 head.

Total amount of sales - $1,803,190 Top price: $4,800, Average Price:  $2,715.65

Truck wash Registered Users: Cootamundra Saleyards: 32 - Amount received $2,015.28

Gundagai Saleyards: 32 - Amount received $2,283.02

Transit Fees Received Cootamundra Yards: Nil.  Gundagai Yards: Nil  


Ordinary Council Meeting Agenda

27 April 2021

 

8.6        Assets

Nil


Ordinary Council Meeting Agenda

27 April 2021

 

8.7        Civil Works

8.7.1      Civil Works and Technical Services Report - April 2021

DOCUMENT NUMBER

347595

REPORTING OFFICER

Julie Buckley, Operations Support Officer

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

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil 

 

Recommendation

The Civil Works and Technical Services Report for the month of April, 2021 be received.

 

Introduction

This report provides a detailed update of the Civil Works and Technical Services Department’s works undertaken for the month of April, 2021 and is prepared for the information of Council and the community.

Discussion

Fixing Local Road Projects:

Stabilisation works have now been completed on Rosehill Road, Rosehill near the Beggan Beggan intersection.

Pavement deformation and stabilising works on Kilrush Road, Cootamundra just east to Netherleigh Lane have also been completed. Line marking on both these projects is still to be undertaken.

Work on Mackay Street Cootamundra is still waiting for service relocations. At the time of writing this report the gas and Telstra services were due to commence in mid-April weather permitting. Once they are finished and the sections of watermain are replaced, the kerb and gutter replacement can commence.

Work is underway on Adjungbilly Road, Adjungbilly with widening and realignment works underway to the east of Parsons Creek Road, Adjungbilly. Crews are currently working on culvert installation and earthworks in preparation of pavement construction.

Timber Haulage Projects:

Works on Red Hill Road, Adjungbilly has been completed for this financial year with gravel resheeting and realignment works completed. Future work will be undertaken in spring time.

Crews are currently working on Nanangroe Road, Adjungbilly with table drain clearing and shoulder reconstruction underway. Once this work is completed the area will be left until spring time when pavement works will commence with improved weather.

The Adjungbilly Road works have been continuing with a 2 kilometre section to the west of the Adjungbilly Village recently completed. Works involved shoulder widening, stabilisation and a pavement overlay prior to sealing.

Council has undertaken patching repair works on the Olympic Highway as approved by Transport for NSW under the Roads Maintenance Council Contracts (RMCC).  Additional works are due to commence in Yass Road near South West Fuel on Monday, 26th April, 2021. This will involve night works in order to minimise the impact ofo accessibility to South West Fuels.

As part of this year’s Regional Road REPAIR program new culverts have been installed across Muttama Road, Cootamundra near the Model Aeroplane Club. During the next couple months the road pavement will be rehabilitated in this area as part of the project.

Maintenance grading is continuing across the Local Government Area. Crews have been working on Mundarlo Road, Borambola, Deltroit Road, Borambola, Cooininee Road, Coolac, Coggans Road, Coolac and Crowes Road, Coolac prior to moving towards Hopewood Road, Gobarralong and Bundarbo Road, Jugiong.

Bitumen road patching crews have been undertaking patching as required across the whole road and street network.  Guide posting has been carried out to replace missing and broken posts along numerous bitumen roads. Mowing, slashing and roadside spraying has continued around all areas due to the continual vegetation growth as well as repairs to footpaths.

Council’s resealing contractor Boral has continued to undertake the annual resealing program as well as new seals on some of the road reconstruction projects.  Projects completed now include urban town streets in Cootamundra and Gundagai as well as several rural roads.

Further drainage works are being carried out on the Burley Griffin Way to clean up debris from recent storms which contributed to the blocking of drains and culverts.  Excavation and redefining the open drain along Boundary Road near Sheahan Street Cootamundra has commenced. This will redirect stormwater flow along the western side of Boundary Road and reduce the risk of flooding to properties along the eastern side.

Two new concrete causeways have been constructed on Deltroit Road, Mundarlo.

Cleaning of the Cootamundra Saleyard Truck Wash has been carried out.

Following the failure of the Wallendbeen Bridge on Burley Griffin Way, on 24th March, 2021, Council has been in consultation with John Holland Rail (owners of the bridge) and Transport for NSW regarding appropriate detours for traffic and the replacement of the bridge. Currently, negotiations are underway to have the Stockinbingal Road, Cootamundra approved as the temporary detour for traffic with plans to undertake some pavement rehabilitation which will be completed imminently if the alternate route is approved. This work and the bridge replacement is at the expense of John Holland Rail.

  


Ordinary Council Meeting Agenda

27 April 2021

 

8.8        Technical Services

Nil


Ordinary Council Meeting Agenda

27 April 2021

 

8.9        Facilities

8.9.1      Report on the Involvement of Staff on S355 Committees of Council

DOCUMENT NUMBER

347631

REPORTING OFFICER

Andrew Brock, Manager Facilities

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.3 Cootamundra-Gundagai Regional Council is a premier local government Council

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

Consideration be given to the s355 Committee Management Manual.

ATTACHMENTS

Nil 

 

Recommendation

1.       The Report on the Involvement of Staff on s355 Committees of Council be received.

2.       That s355 Committees be included on the agenda for discussion at the Councillor Workshop scheduled to be held Tuesday, 11th May, 2021.

 

 

Introduction

At its Ordinary Meeting of Council held 30th March, 2021 Council requested a report be put together in relation to Council staff involvement on S355 Committees as staff holding a position on a committee is not common practice.

Discussion

The S355 committees are chartered with looking after Council facilities and reporting to Council on a regular basis. These reports are minutes of meetings and generally contain actions being undertaken, issues arising, budget requests and general day to day operations.

The committees are responsible for maintaining Council assets in a safe and usable state by using funding raised by a variety of means and includes the hire of facilities and successful grant applications. Generally, these are manageable buildings and the committee members have a thriving community spirit.

On occasion, a Committee has requested the assistance of Council to help revitalise groups and facilities, as well as provide strong leadership and governance. As a result, staff involvement has increased in a group to assist with creating new direction, demonstrating best management practice according to the S355 Committees Management Manual and find new ways to increase revenue for the continued upkeep of council facilities.

The Manager Of Facilities has varying involvement with six s355 committees and currently chairs two of these. These two s355 Committees came to Council seeking assistance, for a variety of reasons, and that position on the committees has continued longer than originally intended at the request of the committees. This has resulted in extra income being generated and cohesion in the groups creating more productivity through a positive environment.

It is proposed that at the Councillor Workshop scheduled to be held on Tuesday, 11th May, 2021 that discussion on s355 committees be included on the agenda for open discussion.   

 

  


Ordinary Council Meeting Agenda

27 April 2021

 

8.9.2      Gundagai Administration Building Upgrade Report

DOCUMENT NUMBER

347632

REPORTING OFFICER

Andrew Brock, Manager Facilities

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.1 Decision-making is based on collaborative, transparent and accountable leadership

 

 

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

Nil 

 

Recommendation

The Gundagai Administration Building Upgrade Report be noted.

 

 

Introduction

Funding to carry out refurbishment works at the Gundagai Administration Office was allocated from the NCIF.  At the Ordinary Meeting held 30th march, 2021 Council requested a report on the status of the upgrade detailing proposed works and possible time frames be prepared and submitted for the information of Council.

Discussion

The original plans for a refurbishment of the Gundagai Administration Office included the replacement of carpet, new desks, an upgrade  of electrical system and to replace the suspended ceiling. Through investigation, additional issues have been identified and, as such, a new plan had to be formed. The building has significant roof leaks which have been caused by the flat roof line and box guttering which is characteristic of the age and style of the building.

Plans and costings have been explored to replace the roof with a truss design, which will include modifications to the parapet walls which contain asbestos and need to be treated as per NSW Health Guidelines for the removal of Asbestos sheeting.

Although Council was originally considering the refurbishment to be a simple facelift, the works have now become more complex. It was considered that if the root cause of water leaks were not attended to before undertaking internal upgrades that funds would be wasted. Appropriate works will extend the life of the building and allow many further years of use.

Staff have been consulted on many occasions to discuss the layout of the building to accommodate “hot desks” for visiting staff and space for managers to undertake confidential discussions within their area.

As there is only a meagre  budget allocated to this project, careful consideration must be given to attend to the water leaks. Council’s Project manager has been endeavouring to incorporate staff requests, in addition to attending to the major building issues.

It has been proposed  to commence work in September, 2021 after the scheduled local government elections as the chambers have been leased for pre-polling from Sunday 22nd August to Friday 3rd September, 2021. This will also allow time for the development application and construction certificate process to be completed.

As shipment of materials and supplies continue to  be delayed throughout Australia, this time frame should allow for ALL material to be obtained and windows manufactured for an easier and shorter construction period. The office staff will be required to relocate during the construction period to allow for the safe removal of asbestos and electrical re-wiring work. It is expected to be an 8 week construction period.

As part of discussions with Council’s Planning department, it has been highlighted that accessible toilets are required to meet regulations requiring further funding to be sought. A separate budget report is currently being prepared for this item.

 


Ordinary Council Meeting Agenda

27 April 2021

 

8.9.3      Cootamundra Strikers Soccer Club Request for Assistance to Develop Fields at O'Connor Park Cootamundra

DOCUMENT NUMBER

347551

REPORTING OFFICER

Andrew Brock, Manager Facilities

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

1. A vibrant and supportive community: all members of our community are valued

1.2 Public spaces provide for a diversity of activity and strengthen our social connections

 

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.       Correspondence - Cootamundra Strikers dated 12th April 2021    

 

Recommendation

1.       The Report on the Cootamundra Strikers’ Soccer Club’s Request for Assistance to Develop Fields at O’Connor Park Cootamundra, Correspondence from Cootamundra Strikers’ Soccer Club dated 12th April, 2021 attached to the report, be received and noted.

2.       Council consider the request from the Cootamundra Strikers’ Soccer Club to assist with the development of fields 1 and 2 contained within O’Connor Park for the purpose of holding annual events to raise funds for all ongoing maintenance costs of the playing fields in an effort for the Club to be self sustainable.

 

 

Introduction

Council had been approached by the Cootamundra Strikers Soccer Club to hold their annual B and S Ball at the Cootamundra Showgrounds for 2021 but due to information received by Council’s insurance company this event could not be permitted to be held on Council grounds.

Discussion

Council’s Workplace Health and Safety Officer received the event application from Cootamundra Strikers Soccer Club and carried out the normal investigation to ensure all criteria for holding such events were met. This included insurance cover, traffic control, QR codes among other requirements. Staff contacted Council’s insurer Statewide for advice on this event due to the COVID-19 restrictions in force, at the time of the application, and the club’s application to NSW Health for an exemption on holding this event.

 

 

Response from Statewide:

There are a couple of areas of concern:

·    A private group organising a public gathering must abide by the ‘current’ relevant COVID-19 regulations and are unable to seek an exemption, simply by seeking approval from Council. Should Council acknowledge the Event and be fully aware that the Organising Group plan to ignore the Health Regulations, Council could be implicated as not managing or mitigating a risk. NSW Health impose serious fines for breaches to the Health Act.

·    Social distancing, large groups consuming alcohol (Liquor Licensing), crowd control and security, service of or consumption of alcohol by a minor (RSA) are all factors that must be considered to determine approval of a B and S event by Council.

For mine, I would be asking the Organising Group to stage the Event somewhere else for example,  on private property such as a rural allotment that is well away from town. It is not turning a blind eye to activities, more of a way for the legitimate Organiser to shoulder the responsibility for managing this risk – not Council. If it were to proceed on Council owned or managed land – CGRC could be implicated in an action.

These factors are of high significance if an Event were to be held on private property:

·    Crowd gathering and social distancing – NSW Health & NSW Police to monitor, not Council.

·    Traffic Control – RMS and NSW Police (not for Council to approve nor monitor)

·    RSA and Licensing of the consumption of alcohol (someone else’s and – not Council’s problem)

·    Drug possession and usage – Council want nothing to do with this, as these sorts of Events are known problem areas.

·    Crowd Security – Council is not an Organiser nor Promotor of the Event. Inherent problems with these types of large crowd gatherings.

·    Sporting Associations are not indemnified by Council’s Casual & Regular Hirer Liability Programs and I doubt whether a Soccer Club could attract a Public Liability Policy for the staging / promotion of / and any activities relating to a B & S.

 

 

Staff in Planning and Workplace Health and Safety discussed the event at length in an effort to find alternatives venues to enable the event to be approved, unfortunately with NSW Health COVID-19 restrictions, that were observed at the time of the request, in addition to the response from Council’s  insurer it was not prudent for Council to issue an approval. Staff contacted the applicant to discuss the refusal and discuss alternative options. The Cootamundra Strikers in turn have made application to Council for assistance in preparing a site at O’Connor Park for future events.

 


Ordinary Council Meeting Agenda

27 April 2021

 

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Ordinary Council Meeting Agenda

27 April 2021

 

8.9.4      Alby Schultz Meeting Space Roof Replacement

DOCUMENT NUMBER

347723

REPORTING OFFICER

Andrew Brock, Manager Facilities

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.1 Decision-making is based on collaborative, transparent and accountable leadership

 

FINANCIAL IMPLICATIONS

 $40,000  for Roof Replacement Works

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil  

 

Recommendation

1.      The Alby Schultz Roof Replacement Report be received and noted.

2.      Funds of $40,000 be approved to replace the aged roofing.

 

 

Introduction

A request for Capital Funding of $40,000 be approved for major roof repairs to the Alby Schultz Meeting Space and Storeroom Roof due to deterioration shown in the photos at the end of this report. The deteriorated roofing is resulting in significant amounts of water leaking through electrical lighting, causing ceiling damage and potential electrical malfunction in the kitchen area of the Alby Schultz meeting Space. Continuous exposure to water entering the building will increase damage area to walls, cupboards and floors potentially impacting use of the rooms.

Discussion

Council staff had recently entered the Alby Schultz room to find the kitchen area flooded following a recent heavy rain event. An Investigation was undertaken to find the root cause of this problem, with gutters and down pipes being investigated first. They were found clear of debris ensuring water can escape.

Upon further inspection of the roof sheeting, it was found that some damage had been previously  sustained at some stage by suspected tree branches but as the photographs provided show the roof sheeting is in a very aged state with rust being evident.

This has caused some significant damage internally with light fixtures, sound equipment, ceiling sheeting and flooring all to be repaired. As you can see by the overall photo of the building roof, there are other areas of concern which will be addressed within the future proposed budget.

It is unfortunate that roof sheeting had not been addressed when the office refurbishment had been undertaken. The planned works will be to remove and replace roof sheeting, flashings, ceiling battens and insulation sarking, which helps divert condensation out of the roof cavity. Current works planned are for the areas highlighted by rust on the Alby Schultz and storeroom (opposite)roof area.

Future areas which will need to be addressed are the awning on Cooper Street, above the town hall records room and  the town hall foyer area. Quotes for these areas are being prepared for future consideration.

8.9.5      Tender for Products and Services

DOCUMENT NUMBER

347722

REPORTING OFFICER

Catherine Smith, Procurement Officer

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.1 Decision-making is based on collaborative, transparent and accountable leadership

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

To comply with the tendering conditions of the Local Government Act, 1993 and (General) Regulation, 2005.

POLICY IMPLICATIONS

To comply with Council’s Procurement Policy and Guidelines.

ATTACHMENTS

Nil  

 

Recommendation

1.       The Open Tendering method for the proposed panel contract for Products and Services be endorsed.

2.       A further report be prepared and submitted for the consideration of Council at the completion of the tendering process.

 

Introduction

To assist staff in complying with Council’s Procurement Policy and Guidelines and in the interest of providing a high level of service for our community, this Panel Contract will deliver a variety of Products and Services.  The Products will include such items as chemicals, bitumen, paint, signage, toilet supplies, tyres, batteries and quarry products to name a few.  The Services will include such items as bricklayers, electricians, plumbers, painters, traffic control and service locating to name a few.  When formed, this panel will allow staff to quickly check pricing and availability with suppliers that have already provided compliance details, such as insurances.

Discussion

Part 3, Division 1, Section 55 (1)(e) of the Local Government Act, 1993 (the Act) states that councils must invite tenders before entering into any number of contracts, such as a contract for the provision of goods or materials, for amounts over $250,000 (inc. GST) or contracts expected to exceed two (2) years.  Further, Part 7, Division 2, Section 166 of the Local Government (General) Regulation 2005, states that whenever a council is required to invite tenders under the Act, before entering into a contract, the council must decide which method of tendering is to be used. 


 

The following methods may be chosen:

(a)  The open tendering method by which tenders for the proposed contract are invited by public advertisement;

(b)  The selective tendering method by which invitations to tender for a proposed contract are made following a public advertisement asking for expressions of interest; and

(c)   The selective tendering method by which recognised contractors, selected from a list prepared or adopted by the council, are invited to tender for proposed contracts of a particular kind.     

In this instance, open tendering is seen to be the most beneficial and fair method in the case of procuring a panel of providers for Products and Services.

  


Ordinary Council Meeting Agenda

27 April 2021

 

8.10      Waste, Parks and Recreation

Nil


Ordinary Council Meeting Agenda

27 April 2021

 

9            Motion of which Notice has been Given

9.1         Notice of Motion -
That Council, that is The Mayor and/or the General Manager, on behalf of all councillors and the community, writes, once again, to The Honorable Shelley Hancock, Minister of Local Government, to request that she inform Council of her decision as to whether or not Cootamundra-Gundagai Regional Council is to be demerged. Furthermore, that a copy of the letter be sent to the Premier, the Honorable Gladys Berejiklian MP, the Deputy Premier, the Honorable John Barilaro MP, the Member for Cootamundra, Ms Stephanie Cooke MP, each member of the Boundaries Commission, that is Mr Bob Sendt, Cr Rick Firman OAM, Cr Lesley Furneaux-Cook and Mr Grant Gleeson, the Leader of the Opposition, Ms Jodi McKay MP and the Shadow Minister for Local Government, Mr Greg Warren MP.


DOCUMENT NUMBER

347864

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager    

 

The following Notice of Motion signed by Councillor Leigh Bowden was submitted on 20 April, 2021.

I hereby give notice of my intention to move the following motion at the Council meeting of Tuesday, 27 April, 2021:

Motion

 

That Council, that is The Mayor and/or the General Manager, on behalf of all councillors and the community, writes, once again, to The Honorable Shelley Hancock, Minister of Local Government, to request that she inform Council of her decision as to whether or not Cootamundra-Gundagai Regional Council is to be demerged. Furthermore, that a copy of the letter be sent to the Premier, the Honorable Gladys Berejiklian MP, the Deputy Premier, the Honorable John Barilaro MP, the Member for Cootamundra, Ms Stephanie Cooke MP, each member of the Boundaries Commission, that is Mr Bob Sendt, Cr Rick Firman OAM, Cr Lesley Furneaux-Cook and Mr Grant Gleeson, the Leader of the Opposition, Ms Jodi McKay MP and the Shadow Minister for Local Government, Mr Greg Warren MP.

 

 

Note from Councillor

On 23 February, 2021, the Boundaries Commission issued a Media Release stating that it had completed its examinations of the proposal to demerge the Cootamundra-Gundagai Regional Council and that the Commission’s report had been submitted to the Minister for Local Government, the Honorable Shelley Hancock MP, for her consideration.

At the Ordinary Meeting of Council, held Tuesday, 30th March, 2021, Council resolved (Min. no. 086/2021) to write to the Honorable Shelley Hancock MP, Minister of Local Government and request an urgent answer to the proposed demerge of Cootamundra-Gundagai Regional Council. A letter, signed by the Mayor, was sent on 13 April 2021. To date there has been no response.

With just over 18 weeks to the next Local Government Elections, on 4 September 2021, it is important that the communities, Council and candidates of the local government area of Cootamundra-Gundagai know what council they will be electing members for – the merged Cootamundra-Gundagai Regional Council or the former councils of Cootamundra and Gundagai.

It is hoped that by sending copies of the letter to the above parties, in addition to the Minister, pressure may be brought upon her to notify Cootamundra-Gundagai Regional Council immediately of her decision so that preparations can be undertaken to prepare for the up-coming elections in the full knowledge of what council/councils will be in existence at that time.

 

  


Ordinary Council Meeting Agenda

27 April 2021

 

10         Questions with Notice

10.1       Questons With Notice

DOCUMENT NUMBER

347627

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

 

Recommendation

The Questions with Notice from Councillors and related responses from Council officers be noted.

 

 

Questions with Notice

The following questions with notice from Councillors have been received with the responses from Council officers provided respectively:

Craig (Stewie) Stewart – What is the status of the installation of a ramp at the Cootamundra Art and Craft Centre?

Response from Council Officer – Planning has highlighted issues with the current design of the ramp which are being addressed. Final approval of the application to install the ramp by planning staff is expected by the middle of May , 2021 and commencement of the construction is dependent on the availability of contractors.

 

Craig (Stewie) Stewart – Please provide some information on the French Street Rehabilitation.

Response from Council Officer – A successful funding application was submitted through the Fixing Local Roads Program Round2 to reconstruct the existing road pavement, to remove and replace existing damaged kerb and the bitumen sealing of new pavement along the length of French Street. The project length is approximately 290 metres. A media release detailing the road funding announcements was issues on 20.04.2021

 

Charlie Sheahan – Has the correspondence from Steph Cooke MP to the General Manager regarding the Rail Trail motion been replied to, and if so what was the response?

Response from Council Officer – A response has been recently sent as a matter of urgency.

 

  


Ordinary Council Meeting Agenda

27 April 2021

 

11         Confidential Items

11.1       Closed Council Reports

DOCUMENT NUMBER

346855

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.3 Cootamundra-Gundagai Regional Council is a premier local government Council

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

To facilitate compliance with sections 10 and 11 of the Local Government Act 1993.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil 

Note

Council’s Code of Meeting Practice allows members of the public present to indicate whether they wish to make representations to the meeting, before it is closed to the public, as to whether that part of the meeting dealing with any or all of the matters listed should be closed.

RECOMMENDATION

1.       Item 1.2 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 1.2 be withheld from the press and public.

11.2       Class Action against Jardine Lloyd Thompson Pty Ltd

Provisions for Confidentiality

Section 10A (2) (g)  – The Confidential Report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

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..