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Business Paper
Ordinary Council Meeting
Council Chambers, Gundagai
6:00 PM, Tuesday 27th July, 2021
Administration Centres: 1300 459 689 |
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Business Paper
Ordinary Council Meeting
Council Chambers, Gundagai
6:00 PM, Tuesday 27th July, 2021
Administration Centres: 1300 459 689 |
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Ordinary Council Meeting Agenda |
27 July 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 Council Chambers, Gundagai on:
Tuesday, 27th July, 2021 at 6:00 PM
The agenda for the meeting is enclosed.
Phillip McMurray
General Manager
Live Streaming of Meetings
This meeting is streamed live via the internet and an audio-visual recording of the meeting will be publicly available on Council's website.
By attending this meeting, you consent to your image and, or, voice being live streamed and publicly available.
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Ordinary Council Meeting Agenda |
27 July 2021 |
AGENDA
5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 29 June 2021
6.3 Mayoral Minute - Councillor Engagement for July, 2021
7.1 Minutes of the Internal Audit Committee Meeting held on Tuesday 6 July 2021
8.1.1 National General Assembly 2021 Report
8.1.2 Applications for Community Donations
8.1.5 The Cootamundra Heritage Centre Management s.355 Committee Meeting Minutes
8.1.6 Stockinbingal Ellwood's Hall s.355 Committee Meeting Minutes and Membership
8.1.7 Cootamundra Tourism Action Group s.355 Committee Meeting Minutes
8.1.8 Muttama Hall Management s.355 Committee Meeting Minutes
8.1.9 Updated Council Meeting Action Report
8.3.1 Gundagai Tourism Action Group s355 Committee - Meeting Held 19th July, 2021
8.4 Development, Building and Compliance
8.4.1 Renewal of Partnership Agreement with Service NSW
8.4.3 Development Applications June 2021
8.4.7 Development Application 2019-143 Mod 2 -Waste Facility - Tumblong Reserve Road, Tumblong
8.5.1 Regulatory Report June 2021
8.6.1 Fleet Forecast and Plant Management Cootamundra-Gundagai Regional Council
8.6.2 Water Supply Extension to the Dog on the Tucker Box Tourist Precinct, Gundagai
8.6.3 Business Case for Nangus Water Supply Project
8.7.1 Civil Works and Technical Services Report - July 2021
8.8.1 2022/23 Safer Roads Program Nominations
8.9.1 Draft Gundagai Pool Master Plan
8.9.2 Facilities Works Report July 2021
8.10 Waste, Parks and Recreation
9 Motion of which Notice has been Given
11.2 Reno Road Boundary Adjustment
11.3 Tender - Albert Park - Inclusive Playspace RFT2021/19
11.4 Tender - Winning, Blasting and Crushing of Gravel RFT2021/06.1
11.5 Replacement of Patching Truck - Plant 3601 RFQ2021/25
11.6 Replacement of Loader - Plant 1302 RFQ2021/24
11.7 Replacement of All Wheel Drive Grader - Plant 1202 RFQ2021/23
11.8 Tender - Wet and Dry Plant Hire RFT2021/15
11.9 Resumption of Open Council Meeting
11.10 Announcement of Closed Council Resolutions
Council acknowledges the Wiradjuri people, the Traditional Custodians of the Land at which the meeting is held and pays its respects to Elders, both past and present, of the Wiradjuri Nation and extends that respect to other Aboriginal people who are present.
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27 July 2021 |
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REPORTING OFFICER |
Marianne McInerney, Executive Assistant to the General Manager |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
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LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
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POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
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1. Minutes of the Ordinary Meeting of Council held on Tuesday 29 June 2021
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The Minutes of the Ordinary Meeting of Council held on Tuesday 29 June 2021 be confirmed as a true and correct record of the meeting.
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Minutes Ordinary Council Meeting
Alby Schultz Meeting Centre, Cootamundra
6:00 PM, Tuesday 29th June, 2021
Administration Centres: 1300 459 689 |
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Ordinary Council Meeting Minutes |
29 June 2021 |
MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council
Meeting
HELD AT THE Alby
Schultz Meeting Centre, Cootamundra
ON Tuesday, 29 June
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, Cr Charlie Sheahan
IN ATTENDANCE: Phillip McMurray (General Manager), Ganesh Ganeshamoorthy (Manager Assets), Sharon Langman (Manager Development, Building and Compliance), John Chapman (interim Manager Finance) Glen McAtear (Manager Regulatory Services), Linda Wiles (Coordinator Business)
1 Acknowledgement of Country
The Chairperson acknowledged the Wiradjuri people who are the Traditional Custodians of the Land at which the meeting was held and paid his respects to Elders, both past and present, of the Wiradjuri Nation and extended that respect to other Aboriginal people who were present.
2 Open Forum
There were no speakers at the Public Forum
3 Apologies
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3.1 Cr Phillips submitted an apology for the ordinary meeting to be held 29th june, 2021 as he will be away |
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Resolution 135/2021 Moved: Cr Dennis Palmer Seconded: Cr Gil Kelly Cr Phillips’s apology be accepted and leave of absence granted. Carried |
4 Disclosures of Interest
Cr Abb McAlister (Mayor) declared a less than significant pecuniary interest in item 8.1.1 Draft 2021/22 Operational Plan.
5 Confirmation of Minutes
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5.1 Minutes of the Extraordinary Meeting of Council held on Wednesday 2 June 2021 |
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Resolution 136/2021 Moved: Cr Dennis Palmer Seconded: Cr Charlie Sheahan The Minutes of the Extraordinary Meeting of Council held on Wednesday 2 June 2021 be confirmed as a true and correct record of the meeting. Carried |
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5.2 Minutes of the Ordinary Meeting of Council held on Tuesday 25 May 2021 |
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Note: In the Minutes of the Ordinary Meeting held 25th May, 2021 item 6.2 Mayoral Minute – Proposed Demerger of Cootamundra-Gundagai Regional Council, Cr Gil Kelly voted against the resolution and Cr Doug Phillips voted for the resolution. |
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Resolution 137/2021 Moved: Cr Dennis Palmer Seconded: Cr Penny Nicholson The Minutes of the Ordinary Meeting of Council held on Tuesday 25 May 2021 be confirmed as a true and correct record of the meeting. Carried |
6 Mayoral Minutes
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6.1 Mayoral Minute - Councillor Engagement for May, 2021 |
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Note: the following amendments were made at the Meeting: 2nd June 2021 Cr Kelly did not attend the Extraordinary Meeting of Council. 7th June 2021 Cr Palmer (Deputy Mayor) did not attend the Muttama Creek Regeneration Group Meeting. 8th June 2021 Cr Nicholson attended the Councillor Workshop in Cootamundra, Cr Graham was not. 31st May 2021 Cr Bowden reported that the Coota Co-op scheduled for 6th July, 2021 has been cancelled. An office is now operating out of the Arts Centre Cootamundra, Wallendoon Street, where membership can be arranged and shares can be purchased. |
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Resolution 138/2021 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson The information in the Mayoral Minute be received and noted. Carried |
7 Reports from Committees
Nil
8 General Manager’s Report
8.1 Business
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8.1.1 Draft 2021/2022 Operational Plan |
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Note: Having declared a less than significant pecuniary interest in this item Cr McAlister (Mayor) left the meeting. |
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Resolution 139/2021 Moved: Cr Charlie Sheahan Seconded: Cr Penny Nicholson 1. The draft 2021/22 Operational Plan, inclusive of the Revenue Policy, Long Term Financial Plan and budget, be adopted, as presented to the Ordinary Meeting held 25th May, 2021. 2. The amended 2021/22 draft Fees and Charges (Part 5 of the Operational Plan), attached to the report, be adopted. 3. All submissions received be considered prior to formal adoption of the draft 2021/22 Operational Plan. 4. Council consider any tabled submissions, received after the publication of the June Business Paper, received up until 3pm 29th June 2021. 5. The items detailed in the submission provided by Nina Piotrowicz be included in the 2021/22 Operational Plan. 6. A Councillor Workshop be scheduled to review the 2021/22 Fees and Charges. Carried |
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8.1.2 2021/22 Determination of the Local Government Remuneration Tribunal - Councillor Fees and Additional Mayoral Fee |
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Note: Item 9.1 Notice of Motion – That Council not Adopt the Proposed 2% Increase to Mayor and Councillor Fees fort the 2021/22 Financial Year as Determined by the Local Government Remuneration Tribunal Effective form 1st July, 2021 was considered in conjunction with this item. |
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Resolution 140/2021 Moved: Cr David Graham Seconded: Cr Gil Kelly 1. The Report on the 2021/22 Determination of the Local Government Remuneration Tribunal, the 2021-22 Determination of the Local Government Remuneration Tribunal - 21-06 and the Local Government Remuneration Tribunal - Annual Report and Determination 2021, attached to the report be received and noted. 2. The Mayor and Councillors fees remain unchanged for the 2021/22 financial year. Carried |
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8.1.3 Applications for Community Donations |
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Resolution 141/2021 Moved: Cr Leigh Bowden Seconded: Cr Charlie Sheahan 1. The Report on the Applications for Community Donation be received. 2. Council consider the Community Donation Applications in a Councillor Workshop with a further report to be prepared and submitted to Council at the Ordinary Meeting to be held 27th July, 2021. Carried |
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8.1.4 Amendment of the Procedures for the Administration of the Code of Conduct |
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Resolution 142/2021 Moved: Cr David Graham Seconded: Cr Leigh Bowden The Procedures for the Administration of The Model Code of Conduct for Local Councils in NSW 2020, attached to the report, be adopted. Carried |
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8.1.5 Tabling of Pecuniary Interest Return/s - New Designated Person |
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Resolution 143/2021 Moved: Cr Charlie Sheahan Seconded: Cr Dennis Palmer The tabling of a pecuniary interest return from a new designated person be noted. Carried |
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8.1.6 The Arts Centre Cootamundra s.355 Committee Meeting Minutes |
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Resolution 144/2021 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson The Minutes of The Arts Centre Cootamundra s.355 Committee meetings held on 20 May and 17 June 2021, attached to the report, be received and noted. Carried |
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8.1.7 Stockinbingal Ellwood's Hall s.355 Committee Meeting Minutes |
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Resolution 145/2021 Moved: Cr Charlie Sheahan Seconded: Cr Gil Kelly The Minutes of
the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting held
on Carried |
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8.1.8 The Cootamundra Heritage Centre Management s.355 Committee Meeting Minutes |
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Resolution 146/2021 Moved: Cr Charlie Sheahan Seconded: Cr Gil Kelly The Minutes of the Cootamundra Heritage Centre Management s.355 Committee meeting held on 3 May 2021, and 7 June 2021, attached to the report, be received and noted. Carried |
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8.1.9 Muttama Hall Management s.355 Committee Meeting Minutes |
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Resolution 147/2021 Moved: Cr Dennis Palmer Seconded: Cr Leigh Bowden The Minutes of the Muttama Hall Management s.355 Committee meeting held on 27 May 2021, attached to the report, be received and noted. Carried |
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8.1.10 Muttama Creek Regeneration Group s.355 Committee Meeting Minutes |
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Resolution 148/2021 Moved: Cr Charlie Sheahan Seconded: Cr Penny Nicholson The Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held on 12 April 2021, attached to the report, be received and noted. Carried |
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8.1.11 Cootamundra Tourism Action Group s.355 Committee Meeting Minutes |
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Resolution 149/2021 Moved: Cr Leigh Bowden Seconded: Cr Dennis Palmer 1. The Minutes of the Cootamundra Tourism Action Group s.355 Committee Ordinary Meeting held on 3 June 2021, attached to the report, be received and noted. 2. That any required preparatory planning work needed be undertaken to enable the expansion and renovation of the Cootamundra Heritage Centre – Visitors Information Centre project so as to be “grant ready”. Furthermore, that applications be prepared for this project and submitted in any appropriate upcoming grant programs. Carried |
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8.1.12 Cootamundra Showground Users Group s.355 Committee Meeting Minutes |
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Resolution 150/2021 Moved: Cr Gil Kelly Seconded: Cr Charlie Sheahan The Minutes of the Cootamundra Showground Users Group s.355 Committee Ordinary Meeting held on 16 June 2021, attached to the report, be received and noted. Carried |
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8.1.13 Information Bulletin |
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Resolution 151/2021 Moved: Cr Gil Kelly Seconded: Cr Charlie Sheahan 1. The correspondence and information attached to the Information Bulletin be received and noted. 2. Provide a response to the Minister for Local regarding attachment 12 regarding the Potential Council Candidate Workshop. 3. A submission be prepared for attachment 10 - Consultation on Proposed Riverina Travelling Stock Route (TSR) Management Pilot seeking assurance that any financial impact on Council be met by the Local Land Services.
Carried |
8.2 Finance
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8.2.1 2021/22 Rates and Annual Charges |
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Resolution 152/2021 Moved: Cr Dennis Palmer Seconded: Cr Leigh Bowden 1. ORDINARY RATES In accordance with the provisions of Section 535 of the Local Government Act 1993 Cootamundra Gundagai Regional Council hereby resolves to make the following rates for the 2021/22 rating year: a) Farmland Category Rate of 0.25229 cents in the dollar, with a base amount of $368.50 per assessment, for all rateable land within the Farmland Category in Council’s area, as defined in Section 515 of the Local Government Act 1993, based upon the land value at a base valuation date of 1 July 2019. The base amount for the Farmland Category is estimated to realise 10.57% of the total yield in this category. b) Residential Category Rate of 0.58574 cents in the dollar, with a base amount of $368.50 per assessment, for all rateable land within the Residential Category in Council’s area, as defined in Section 516 of the Local Government Act 1993, based upon the land value at a base valuation date of 1 July 2019. The base amount for the Residential Category is estimated to realise 45.61% of the total yield of this category. c) Business Category Rate of 1.44101 cents in the dollar, with a base amount of $368.50 per assessment, for all rateable land within the Business Category in Council’s area, as defined in Section 518 of the Local Government Act 1993, based upon the land value at a base valuation date of 1 July 2019. The base amount for the Business Category is estimated to realise 19.57% of the total yield of this category. d) Mining Rate of 0.25229 cents in the dollar, with a base amount of $368.50 per assessment, for all rateable land within the Mining Category in Council’s area, as defined in Section 517 of the Local Government Act 1993, based upon the land value at a base valuation date of 1 July 2019.
2. WASTE MANAGEMENT CHARGES In accordance with the provisions of Sections 535, 496 and 501 of the Local Government Act 1993 Council hereby resolves to make the following domestic waste management and waste management charges for the 2021/22 rating year: a) Domestic Waste Management Charge of $474.00 per annual service for each parcel of rateable residential land within the Gundagai, Cootamundra, Stockinbingal & Wallendbeen Scavenging Areas for which the service is available, excluding vacant and unoccupied land. The levying of such charge is to entitle the ratepayer to a regular weekly service of one 120 litre bin for domestic rubbish and a fortnightly service of one 240 litre bin for recyclable domestic rubbish. b) Green Waste/Organics Charge of $62.00 per annual service for each parcel of rateable residential land within the Gundagai, Cootamundra, Stockinbingal & Wallendbeen Scavenging Areas for which the service is available, excluding vacant and unoccupied land. The levying of such charge is to entitle the ratepayer to a regular fortnightly service of one 240 litre bin for green domestic waste. c) Residential Waste Management – Other Charge of $474.00 per annual service for each assessment of residential land outside of the Gundagai, Cootamundra, Stockinbingal & Wallendbeen Scavenging Areas, for which the service is available and required. The levying of such charge is to entitle the ratepayer to a regular weekly service of one 140 litre bin for domestic rubbish, a fortnightly service of one 240 litre bin for recyclable domestic rubbish. (Ratepayers for whom this service is requested and available, may also elect to be provided with a Green Waste/Organics service subject to the charge as noted in d) below.) d) Green Waste/Organics Charge – Other Charge of $62.00 per annual service for each assessment of residential land outside of the Gundagai, Cootamundra, Stockinbingal & Wallendbeen Scavenging Areas, for which the service is available and required. The levying of such charge is to entitle the ratepayer to a regular fortnightly service of one 240 litre bin for domestic green waste. e) Rural Waste Charge of $70.00 on each parcel of rateable land outside the Gundagai, Cootamundra, Stockinbingal & Wallendbeen Scavenging areas, and for which there is no service being provided as noted in c) above. f) Commercial Waste Management Charge of $474.00 per service for the removal of waste (one 240 litre general waste pickup per week and one 240 litre recyclable waste pickup per fortnight) from Non-Residential properties for which the service is requested and available. Multiple services will be charged for multiple bins and/or collections per week. g) Unoccupied (Vacant Land) Waste Charge of $70.00 on each parcel of rateable land within the Gundagai, Cootamundra, Stockinbingal & Wallendbeen Scavenging areas for which a domestic waste management service is available, but the land is vacant and unoccupied. 3. STORMWATER MANAGEMENT SERVICE CHARGE In accordance with the provisions of Section 535, 496A and 510A of the Local Government Act 1993, Cootamundra Gundagai Regional Council hereby resolves to make the following annual stormwater management service charges, in respect of occupied rateable land within the urban area of Cootamundra, excepting Council owned or controlled parks, land and buildings, or other land exempt as per Section 496A(2) of the Local Government Act 1993, for the 2021/22 rating year:
a) Residential Stormwater Management Charge of $25.00 per annum per residential assessment of occupied rateable land within the townships of Gundagai & Cootamundra, excepting Council owned or controlled parks, lands and buildings, or other land exempt as per Section 496A(2) of the Local Government Act 1993, and excluding land that is part of a residential strata allotment. b) Residential Strata Stormwater Management Charge of $12.50 per annum per residential Strata assessment within the townships of Gundagai & Cootamundra, excepting Council owned or controlled parks, lands and buildings, or other land exempt as per Section 496A(2) of the Local Government Act 1993. c) Business (Non-Residential) Stormwater Management Charge of $25.00 for each 350 square meters of area of land or part thereof of land categorised as business, subject to a minimum of $25.00 per annum per assessment and a maximum charge of $250.00 per annum per assessment within the townships of Gundagai & Cootamundra, excepting Council owned or controlled parks, lands and buildings, or other land exempt as per Section 496A(2) of the Local Government Act 1993. c) Business (Non-Residential) Stormwater Management Charge being the greater of $5.00, or the assessment’s proportion of the charge that would apply if the total land area was not strata’d, per annum per business strata assessment within the townships of Gundagai & Cootamundra, excepting Council owned or controlled parks, lands and buildings, or other land exempt as per Section 496A(2) of the Local Government Act 1993. 4. ON-SITE SEWERAGE MANAGEMENT ADMINISTRATION CHARGE In accordance with the provisions of Sections 535 and 501 of the Local Government Act 1993 Council hereby resolves to make the following domestic waste management and waste management charges for the 2021/22 rating year: On-Site Sewerage Management Administration Charge of $48.00 per annum for properties for which on-site sewerage services are available and connected. 5. WATER CONSUMPTION CHARGES In accordance with the provisions of Section 535 and 502 of the Local Government Act 1993, Cootamundra Gundagai Regional Council hereby resolves to make the following water consumption charges for the 2021/22 rating year: a) Water Usage Charge of $2.08 per kilolitre for usage up to and including 39 kilolitres per quarter, and thereafter $3.12 per kilolitre for water usage exceeding 39 kilolitres per quarter, for all land connected to the water supply, excepting that land as identified as subject to the charges in 5.b) below. b) Non-Residential Community Water Usage Charge of $1.56 per kilolitre for usage up to and including 39 kilolitres per quarter, and thereafter $2.34 per kilolitre for usage exceeding 39 kilolitres per quarter, for land to which the water supply is available and connected and whereby Council has by resolution identified the assessment as being subject to Non-Residential Community Water Usage charges. 6. NON-RESIDENTIAL SEWER USAGE CHARGES In accordance with the provisions of Section 535 and 502 of the Local Government Act 1993, Cootamundra Gundagai Regional Council hereby resolves to make the following non-residential sewer usage charges for the 2021/22 rating year: Non-Residential Sewer Usage Charge of $2.76 per kilolitre of the volume of sewerage discharged. The volume of sewerage discharged shall be calculated by multiplying the volume of water measured at the water meter(s) connected to the property, based on actual usage per kilolitre, by the sewerage discharge factors (SDF) for the predominant use of the land as follows:
7. WATER ACCESS CHARGES The annual water access charges as identified below are charged quarterly in arrears. In accordance with the provisions of Section 535 and 501 of the Local Government Act 1993, Cootamundra Gundagai Regional Council hereby resolves to make the following annual water access charges for the 2021/22 rating year: a) Residential Water Access Charge on residential land to which the water supply is available and connected, excluding land that is part of a residential strata allotment, in accordance with the number and size of water service meters connected to the land as follows:
b) Residential Strata Water Access Charge of $416.00 per annum per residential Strata assessment for which the water supply is available and connected. c) Non-Residential Water Access Charge in respect of non-residential land to which the water supply is available and connected, excluding land that is part of a strata allotment and that land that is identified as liable for charges outlined in 7.e) below, in accordance with the number and size of water service meters connected to the parcel as follows (excluding fire service meters):
d) Non-Residential Strata Water Access Charge of $416.00 per annum per non-residential Strata assessment for which the water supply is available and connected. e) Non-Residential Community Water Access Charge in respect of non-residential land to which the water supply is available and connected, and whereby Council has by resolution identified the assessment as being subject to Non-Residential Community Water Access charges, in accordance with the number and size of water service meters connected to the parcel as follows (excluding fire service meters):
8. VACANT WATER ACCESS CHARGES In accordance with the provisions of Section 535 and 501 of the Local Government Act 1993, Cootamundra Gundagai Regional Council hereby resolves to make the following annual vacant water access charges for the 2021/22 rating year: a) Vacant Residential Water Access Charge of $416.00 per annum per residential assessment to which the water supply is available but not connected. b) Vacant Non-Residential Water Access Charge of $416.00 per annum per non-residential assessment to which the water supply is available but not connected. c) Vacant Non-Residential Community Water Access Charge of $208.00 per annum per non-residential assessment whereby Council has by resolution identified the assessment as being subject to the Vacant Non-Residential Community Water Access Charge. 9. SEWER ACCESS CHARGES The annual sewer access charges as identified below are charged quarterly in arrears. In accordance with the provisions of Section 535 and 501 of the Local Government Act 1993, Cootamundra Gundagai Regional Council hereby resolves to make the following annual sewer access charges for the 2021/22 rating year: a) Residential Sewer Access Charge of $624.00 per annum per residence to which sewerage services are available and connected. b) Non-Residential Sewer Access Charge in respect of non-residential land to which sewerage services are available and connected, excepting land identified as liable for the charges as outlined in 9.c) below, in accordance with the number and size of the water service meters connected to the land as follows (excluding fire service meters):
c) Non-Residential Community Sewer Access Charge in respect of non-residential land to which sewerage services are available and connected, and whereby Council has by resolution identified the assessment as being subject to Non-Residential Community Sewer Access charges, in accordance with the number and size of water service meters connected to the land as follows (excluding fire service meters):
10. VACANT SEWER ACCESS CHARGES In accordance with the provisions of Section 535 and 501 of the Local Government Act 1993, Cootamundra Gundagai Regional Council hereby resolves to make the following annual vacant sewer access charges for the 2021/22 rating year: a) Vacant Residential Sewer Access Charge of $364.00 per annum per residential assessment to which the water supply is available but not connected. b) Vacant Non-Residential Sewer Access Charge of $364.00 per annum per non-residential assessment to which the water supply is available but not connected. c) Vacant Non-Residential Community Sewer Access Charge of $182.00 per annum per non-residential assessment to which sewerage services are available but not connected, and whereby Council has by resolution identified the assessment as being subject to Vacant Non-Residential Community Access Charges.
11. LIQUID TRADE WASTE CHARGES The annual trade waste charges as identified below are charged bi-annual in arrears. In accordance with the provisions of Section 535 and 502 of the Local Government Act 1993, Council hereby resolves to make the following trade waste charges for the 2021/22 rating year: a) Trade Waste Annual Fee on non-residential land connected to the sewerage service of $240.00 where liquid trade waste is discharged. b) Trade Waste Usage Charge on (Category 2) non-residential land connected to the sewerage service of $4.16 per kilolitre of the estimated volume of liquid trade waste discharged to the sewerage system with prescribed pre-treatment. The volume of liquid trade waste discharged shall be calculated by multiplying the volume of water measured at the water meter(s) connected to the property, based on actual usage per kilolitre, by the trade waste discharge factors (TWDF) for the predominant use of the property as follows:
12. INTEREST ON OVERDUE RATES & CHARGES Interest on overdue rates and charges for the 2021-22 rating year has been set by Council at the maximum rate of interest payable as determined by the Minister of Local Government of 6.0% per annum, calculated daily, in accordance with Section 566 of the Local Government Act 1993. 13. COMMUNITY BASED NOT FOR PROFIT ORGANISATIONS Cootamundra-Gundagai Regional Council hereby resolves to make the assessments shown below as being those assessments to which Non-Residential Community Water Access Charges, Non-Residential Community Sewer Access Charges, Non-Residential Community Water Usage Charges, and Community Use Sewerage and Trade Waste Discharge Factors shall apply as follows:
Carried |
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8.3 Community and Culture
Nil
8.4 Development, Building and Compliance
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8.4.1 Development Applications Approved May 2021 |
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Resolution 153/2021 Moved: Cr David Graham Seconded: Cr Penny Nicholson The information on Development Applications approved in May 2021 be received and noted. Carried |
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8.4.2 Categorisation of Council Managed Crown Land |
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Resolution 154/2021 Moved: Cr Gil Kelly Seconded: Cr Dennis Palmer 1. The report on the Categorisation of Council Managed Crown Land and the Initial Categorisation of Council Managed Crown Land, attached to the report, be received and noted. 2. Council endorse the initial Categorisation of Council Managed Crown Land as provided in the Initial Categorisation of Council Managed Crown Land, attached to the report. 3. The Minister for Water, Property and Housing be advised in writing of the initial categorisation of Council Managed Crown Land as provided in the Initial Categorisation of Council Managed Crown Land, attached to the report. Carried |
8.5 Regulatory Services
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8.5.1 Regulatory Report May 2021 |
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Resolution 155/2021 Moved: Cr Penny Nicholson Seconded: Cr David Graham The Regulatory Report for May, 2021 be received and noted. Carried |
8.6 Assets
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8.6.1 Recycled Water Management Policy |
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Resolution 156/2021 Moved: Cr Dennis Palmer Seconded: Cr Leigh Bowden 1. The Recycled Water Policy Report and the Draft Recycled Water Policy, attached to the report be received and noted. 2. The Draft Recycled Water Policy, attached to the report be adopted. Carried |
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8.6.2 Plant Replacement Programme |
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Resolution 157/2021 Moved: Cr David Graham Seconded: Cr Penny Nicholson 1. The Plant Replacement Report and the Plant Replacement Programme Financials, attached to the report be received and noted. 2. A further report containing updated Plant Replacement Programme Financial information be prepared and submitted for the information of Council at the Ordinary Meeting to be held 27th July, 2021. Carried |
8.7
Civil Works
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8.7.1 Civil Works and Technical Services Report - June 2021 |
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Resolution 158/2021 Moved: Cr David Graham Seconded: Cr Gil Kelly The Civil Works and Technical Services Report for the month of June, 2021 be received. Carried |
8.8 Technical Services
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8.8.1 Tender for Design & Construct Five (5) Bridges Project |
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Resolution 159/2021 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson 1. The Open Tendering method for the Design & Construct portion of the Five (5) Bridge Replacement Project be endorsed. 2. A further report be prepared and submitted for the consideration of Council at the completion of the tendering process. Carried |
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8.8.2 Fixing Local Roads Round Three Project Nominations |
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Resolution 160/2021 Moved: Cr David Graham Seconded: Cr Penny Nicholson 1. The Fixing Local Roads Round Three (3) Project Nominations report be received. 2. The project list recommended within the Fixing Local Roads Round Three (3) Project Nominations report for nomination under Round Three (3) of the Fixing Local Roads funding program be endorsed. Carried |
8.9 Facilities
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8.9.1 Tender for the Gundagai Preschool Kindergarten Inc Redevelopment, First Avenue, Gundagai |
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Resolution 161/2021 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson 1. The report on the Tender for the Gundagai Preschool Kindergarten Inc Redevelopment, first Avenue, Gundagai be received. 2. The Open Tendering method for the Gundagai Pre-School redevelopment be endorsed. 3. A further report be prepared and submitted for the consideration of Council at the completion of the tendering process. Carried |
8.10
Waste, Parks and Recreation
Nil
9 Motion of which Notice has been Given
|
9.1 Notice of Motion - That Council not Adopt the Proposed 2% Increase to Mayor and Councillor Fees for the 2021/22 Financial Year as Determined by the Local Government Remuneration Tribunal Effective from 1st July, 2021 |
|
Note – This item was considered in conjunction with item 8.1.2. 2021/22 Determination of the Local Government Remuneration Tribunal – Councillor Fees and Additional Mayoral Fee |
|
Resolution 162/2021 Moved: Cr Gil Kelly Seconded: Cr Dennis Palmer Council not adopt the proposed 2% increase to Mayor and Councillor fees for the 2021/22 financial year as determined by the Local Government Remuneration Tribunal Effective from 1st July, 2021. Carried |
|
9.2 Notice of Motion - That Council writes to Minister of Local Government to ensure that the current proposal of de-amalgamation, including Business Case as previously submitted, is considered in line with the new Section 218CC of the Local Government Act, 1993 |
|
Resolution 163/2021 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson That Council writes to the Minister for Local Government to ensure that the current proposal of de-amalgamation, including Business Case as previously submitted, and now resubmitted, is considered in line with the new Section 218CC of the Local Government Act. Carried |
10 Questions with Notice
Nil
11 Confidential Items
|
11.1 Closed Council Report |
|
Resolution 164/2021 Moved: Cr Charlie Sheahan Seconded: Cr Dennis Palmer 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 RFQ2021/18 - Water Main Replacement - West Street Gundagai 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 RFQ2021/18 - Water Main Replacement - West Street Gundagai |
|
Resolution 165/2021 Moved: Cr Gil Kelly Seconded: Cr Leigh Bowden 1. The Quotation for the Water Main Replacement at West Street Gundagai be awarded to Knock Contractors Pty Ltd for the amount of $148,800.00 (ex GST) in accordance with the details contained in the report. 2. Council enter into a contract with Knock Contractors to undertake the Water Main Replacement at West Street Gundagai. Carried |
11.3 Resumption of Open Council Meeting
|
Resolution 166/2021 Moved: Cr Penny Nicholson Seconded: Cr Dennis Palmer The Open Council meeting resume. Carried |
11.4 Announcement of Closed Council Resolutions
Note: The Chairperson announced the resolutions made in Closed Council.
The Meeting closed at 7:26PM.
The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 27 July 2021.
................................................... ...................................................
CHAIRPERSON GENERAL MANAGER
|
27 July 2021 |
6.1 Mayoral Minute - For Discussion: The information in the Examination of a Proposal to Alter the Boundaries of the Cootamundra-Gundagai Local Government Area and Create a New Local Government Area, Dissenting report by Commissioners Rick Firman and Lesley Furneaux-Cook to the Minister for Local Government and the Terms of Reference – Review into the Local Government Boundaries Commission, attached to the Mayoral Minute.
|
DOCUMENT NUMBER |
353645 |
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|
REPORTING OFFICER |
Abb McAlister, Mayor |
|
1. Dissenting report by Commissioners Rick Firman and Lesley Furneaux-Cook to the Minister for Local Government ⇩ 2. Boundaries Commission Final Report on the Proposed Demerger of Cootamundra-Gundagai Regional Council - Feb 2021. ⇩ 3. Terms of Reference - Independent Review of the Local Government Boundaries Commission ⇩ |
|
The information in the Examination of a Proposal to Alter the Boundaries of the Cootamundra-Gundagai Local Government Area and Create a New Local Government Area, Dissenting report by Commissioners Rick Firman and Lesley Furneaux-Cook to the Minister for Local Government and the Terms of Reference – Review into the Local Government Boundaries Commission, attached to the Mayoral Minute, be considered. |
Cootamundra-Gundagai Regional Council submitted a business case to the NSW Boundaries Commission for a proposed demerger of Cootamundra-Gundagai Regional Council in February 2021.
At the Ordinary Meeting held 29th June, 2021 Council resolved (Min. no.163/2021) to write to the Minister for Local Government to ensure that the current proposal of de-amalgamation, including Business Case as previously submitted, and now resubmitted, is considered in line with the new Section 218CC of the Local Government Act, 1993.
On Tuesday, 20th July, 2021 Council received the Examination of a Proposal to Alter the Boundaries of the Cootamundra-Gundagai Local Government Area and Create a New Local Government Area, Dissenting report by Commissioners Rick Firman and Lesley Furneaux-Cook to the Minister for Local Government and the Terms of Reference – Review into the Local Government Boundaries Commission, attached to the Report from the Minister for Local Government, the Hon. Shelley Hancock in response to both of those submissions.
I have prepared this Mayoral Minute for discussion and the consideration of my fellow Councillors.
|
27 July 2021 |
Insert here detail about who has been appointed to conduct the review, or delete heading
Context
The Boundaries Commission (the Commission) has a role under Chapter 9 of the Local Government Act 1993 to examine and report on proposals for the constitution, amalgamation, de-amalgamation or alteration of boundaries of local government areas. Any amalgamation and de-amalgamation proposal is required to be referred to the Commission. The Commission is required to examine and report to the Minister for Local Government on proposals referred to it, to assist the Minister in considering whether or not to make a recommendation to the Governor regarding the proposal.
The Commission’s recent examinations of Cootamundra-Gundagai Regional Council and Snowy Valleys Council demerger elector proposals resulted in conflicting outcomes and recommendations.
Recent amendments to the Local Government Act 1993 have created a new role for the Commission in relation to proposals for de-amalgamation.
Role
The Reviewer is to review, examine and report to the Minister for Local Government on the composition, functions and processes of the Commission established under the Local Government Act 1993 in relation to current and future proposals referred to the Commission under sections 218, 218F or 218CC of the Local Government Act 1993, including to:
· Review the efficacy of Chapter 9 Part 3 and Schedule 2 of the Local Government Act 1993 to provide robust and cohesive advice to the Minister, including the statutory composition of the Commission
· Consider and report on mechanisms by which information and community and stakeholder views can be best provided to the Minister to guide and enhance the decision-making process, including whether the different approaches might be suitable for proposals considered by the Commission, and
· Advise on any improved, effective mechanisms for providing advice on and recommendations relating to proposals to the Minister, to ensure best practice and optimum outcomes.
Process
· Liaise with community, stakeholder groups and local councils
· Consult with the Department of Planning, Industry and Environment, Treasury, NSW Electoral Commission and other relevant Government agencies as necessary
· Make public a mechanism for providing submissions, and receive and assess submissions
· Review mechanisms similar to the Boundaries Commission in other jurisdictions
· Seek expert advice as required, and
· Consider the information, submissions, and material and formulate recommendations to the Minister.
Outcome
The report of the Review is to be provided to the Minister for Local Government.
Administration
Secretariat to be provided by DPIE – Office of Local Government.
|
27 July 2021 |
6.2 Mayoral Minute - Council Obtain Leagal Advice with a View to Taking Action in Negligence against the NSW Government and KPMG seeking damages to cover the financial Losses Incurred as a Result of the Forced Amalgamation
|
DOCUMENT NUMBER |
353683 |
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|
REPORTING OFFICER |
Abb McAlister, Mayor |
|
Nil |
|
The General Manager report to Council his progress in obtaining legal advice with a view to taking action in negligence against the NSW Government and KPMG seeking damages to cover the financial losses incurred as a result of the forced amalgamation as resolved at the Ordinary Meeting held 25th May, 2021 (Min. no.105/2021). |
Note from Mayor
At the Ordinary Meeting held 25th May, 2021 Council resolved (Min. no 105/2021) that Council obtains legal advice with a view to taking action in negligence against the NSW Government and KPMG seeking damages to cover the financial losses incurred as a result of the forced amalgamation.
This Mayoral Minute allows for open discussion by Council on this matter.
|
27 July 2021 |
|
DOCUMENT NUMBER |
351795 |
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|
REPORTING OFFICER |
Marianne McInerney, Executive Assistant to the General Manager |
|
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.
|
The information in the Mayoral Minute be received and noted. |
21-23 June, 2021
Cr Palmer (Deputy Mayor), Phillip McMurray (General Manager) and I attended the Annual National General Assembly of Local Government, 2021 in Canberra.
Cr Bowden attended the Australian Local Government Women’s Association Networking breakfast held during the Annual National General Assembly of Local Government, 2021 in Canberra.
24th June, 2021
Cr Nicholson and I attended a meeting with Council staff regarding the matter of Reno Road.
Cr Bowden attended a Stockinbingal Ellwood’s Hall s355 Committee meeting.
Cr Bowden attended an Inland Rail consultative meeting.
25th June, 2021
I attended a Riverina Eastern Regional Organisation of Councils meeting in Wagga Wagga.
I attended a Riverina Joint Organisation meeting in Wagga Wagga.
I attended the NAIDOC (National Aborigines and Islanders Day Observance Committee) Ball in Gundagai.
28th June, 2021
Cr Sheahan attended an Adina Care Board Meeting.
29th June, 2021
Cr Palmer (Deputy Mayor), Cr’s Bowden, Graham, Kelly, Nicholson, Phillips, Sheahan and I attended a Workshop with Phillip McMurray (General Manager) and senior Council staff.
1st July, 2021
Cr Bowden attended the Cootamundra Tourism Action Group s355 Committee Meeting.
5th July, 2021
Cr Palmer (Deputy Mayor), Cr’s Bowden and Sheahan attended the official flag raising ceremony with the Cootamundra Aboriginal Working Party for the commencement of National Aborigines and Islanders Day Observance Committee (NAIDOC) week of celebration and morning tea.
Cr Bowden attended the Cootamundra Youth Council Annual General Meeting and meeting.
8th July, 2021
Cr Bowden attended a Refugee Welcome Zone Forum via Zoom.
Cr Bowden attended a Cootamundra Development Corporation Board meeting.
13th July, 2021
Cr Palmer (Deputy Mayor), Cr’s Bowden, Graham, Kelly, Nicholson, Sheahan and I attended a Workshop with Phillip McMurray (General Manager) and senior Council staff.
15th July, 2021
Cr Bowden attend the Arts Centre Cootamundra s355 Committee Annual General Meeting.
19th July, 2021
Cr Nicholson and I attended Gundagai Tourism Action Group s355 Committee Meeting
21st July, 2021
I was interviewed by Prime7 News at the pop up COVID-19 testing clinic in Cootamundra.
Cr’s Bowden and Kelly attended a Mental Health and Suicide Prevention Information Evening hosted by Member for Cootamundra, Steph Cooke, MP. The forum was attended by representatives of the Murrumbidgee Primary Health Network, Murrumbidgee Local Health District, NSW Police and Wellways. I gave the Official Welcome to all that participated and attended.
|
27 July 2021 |
|
REPORTING OFFICER |
Teresa Breslin, Governance Officer |
|
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. |
|
1. Minutes of the Internal Audit Committee Meeting held on Tuesday 6 July 2021
|
|
The Minutes of the Internal Audit Committee Meeting held on Tuesday 6 July 2021 be confirmed as a true and correct record of the meeting. |
|
Minutes Internal Audit Committee Meeting
Alby Schultz Meeting Centre, Cootamundra
10:00AM, Tuesday 6th July, 2021
Administration Centres: 1300 459 689 |
|
Internal Audit Committee Meeting Minutes |
6 July 2021 |
MINUTES OF Cootamundra-Gundagai Regional Council
Internal Audit
Committee Meeting
HELD AT THE Alby
Schultz Meeting Centre, Cootamundra
ON Tuesday, 6 July
2021 AT 10:00AM
PRESENT: Tony Donoghue (Chairperson), Courtney Armstrong and Cr David Graham
IN ATTENDANCE: Ian Roberts (Blackadder & Associates), Phil McMurray (General Manager), Linda Wiles (Coordinator Business) and Teresa Breslin (Governance Officer)
1 Apologies
Cr Doug Phillips
2 Confirmation of Minutes
|
2.1 Minutes of the Internal Audit Committee Meeting held on Thursday 25 March 2021 |
|
Committee Resolution Moved: Courtney Armstrong Seconded: Cr David Graham The Minutes of the Internal Audit Committee Meeting held on Thursday 25 March 2021 be confirmed as a true and correct record of the meeting. Carried |
3 Reports
|
3.1 Gipa Performance & Compliance Methodology and Report |
|
Recommendation 1. The Gipa Performance and Compliance methodology and report be received and noted. 2. Council note and discuss the recommendations provided in the Gipa Performance and Compliance report. 3. Council act on the following recommendations determined: a. Council staff include the full list of what constitutes Open Access Information on its website and in cases where the particular information is not directly accessible from the website, an explanation be provided how interested persons can go about getting access to that information. b. Council staff prepare a report to Council detailing the legislated requirements surrounding mandatory proactive release of returns of interest of councillors and designated persons (pecuniary interest returns). c. Council await outcome of pending discussions with REROC in relation to potential utilisation of the Planning Portal, for providing access to Development Information. d. Council staff investigate more intensive training or workshops on the GIPA to enhance the understanding of all relevant staff as well as senior managers and other staff on their access to information obligations. |
|
3.2 Internal Audit Recommendations Register |
|
Committee Resolution Moved: Courtney Armstrong Seconded: Cr David Graham The updated Internal Audit Recommendations Register, attached to this report, be received and noted. Carried |
|
3.3 External Audit Recommendations Register (Audit Office) |
|
Committee Resolution Moved: Cr David Graham Seconded: Courtney Armstrong The updated External Audit Recommendations Register, attached to the report, be received and noted. Carried |
|
3.4 Notification of Incidents (ICAC, Ombudsman, Code of Conduct) |
|
Committee Resolution Moved: Courtney Armstrong Seconded: Cr David Graham The report on notification of incidents, be received and noted. Carried |
|
3.5 Other Business |
|
Committee Resolution Moved: Cr David Graham Seconded: Courtney Armstrong 1. Council’s General Manager gave a verbal update on the work that had been undertaken since the last meeting in regards to chemical control and vehicle use, the Internal Audit Recommendations register to be updated accordingly. 2. Grants Management and Deport Inventory Management to be made a top priority, and is to be reflected in the Internal Audit Recommendations register. 3. Meeting schedule and future agenda items to be determined at the Internal Audit Alliance Meeting. Carried |
The Meeting closed at 10:55am.
The minutes of this meeting were confirmed at the Internal Audit Committee Meeting held on TBA.
................................................... ...................................................
CHAIRPERSON GENERAL MANAGER
|
27 July 2021 |
|
DOCUMENT NUMBER |
352429 |
|||
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REPORTING OFFICER |
Phillip McMurray, General Manager |
|||
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|||
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
|
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
|
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
|
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||
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1. National General Assembly 2021 Program ⇩ 2. Local government leading the way to end ageism in Australia. ⇩ 3. Every Age Counts - LocalGovMotion ⇩ |
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The General Managers Report On Attendance At The National General Assembly 2021 Held in Canberra 21st – 23rd June, 2021 be received and noted.
|
Introduction
Cr Palmer (Deputy Mayor), Cr McAlister (Mayor) and Phillip McMurray (General Manager) attended the 2021 National General Assembly (NGA) held in Canberra 21st – 23rd June being the 27th NGA held in the Nation’s capital, Canberra or Ngunnawal Country. The NGA is coordinated by the Australian Local Government Association (ALGA) and is attended by councillors and general managers from 537 council areas from around Australia.
The NGA is the platform for the shaping the national advocacy agenda for ALGA from policies and motions submitted by the councils for discussion at the NGA. ALGA meets with the nation’s federal politicians from the incumbent government, the opposition and members of the cross bench to ensure they are hearing about the good work that councils are doing to lead a locally led economic recovery and to ensure they are aware of what local government wants to hear through their federal election commitments.
Discussion
Monday 21st June, 2021
The Australian Local Government Association (ALGA) Board was introduced and Cr Linda Scott, President of ALGA welcomed the local government delegations and officially opened the Assembly.
The Prime Minister, the Hon. Scott Morrison, MP was introduced and he addressed the delegation by way of video link. He thanked the leaders of local government areas for supporting the state, territories and federal governments through the COVID-19 Pandemic period and acknowledged the hard work of councils maintaining their local communities safe. He mentioned the federal government’s financial support to councils to stabilise employment in local government areas by way of grant funding to undertake many community infrastructure projects such as roads, and water, digital connectivity, bridges renewal programs and building better regions program.
Cr Scott introduced (the then) Deputy Prime Minister, the Hon. Michael McCormack MP and invited him to address the delegation. He acknowledged the difficulties of working in local government and congratulated and thanked the councillors in attendance for all their hard work in serving their communities. He thanked councils for showing leadership through the COVID -19 pandemic period. Following the Prime Minister reference was made to the various funding streams that have assisted in providing stable employment throughout the global pandemic period. He referred to projects such as the inland rail projects and Sydney airport project that provide employment and inject much needed funds into local communities, particularly as other revenue has been greatly reduced due to restrictions imposed by state governments and territories as a direct response to the COVID-19 pandemic.
Cr Scott addressed the delegation:
· Working together for ‘our communities’ and coming together to lead the recovery of the COVID-19 Pandemic and stressed that without the employment provided by local government with its own workforce, the work undertaken by local government directly benefits its communities with the use of local contractors, local suppliers, which flows on to local retailers and other commercial operators.
· recognised the impact to councils of the 2020 natural disasters of long term drought bushfire, floods, and pestilence which had a significant impact on some local government areas more than others in addition to COVID-19.
· The upcoming federal election is opportune to focus on financial support given through the Financial Assistance Grants Program (FAGS) and discussed the necessity of there being an increase to the FAGS.
· The importance of inviting federal members to infrastructure openings to showcase jobs and the stimulus as a result of the funding highlighting the importance of receipt of funding in local government areas to ensure jobs and stability in the economic recovery of COVID-19 continues. The next federal election will be held 22nd May, 2022.
Other topics raised and discussed included:
· Peter van Onselen – (An Australian Political Academic) spoke to the delegation regarding predictions of the federal election scheduled to be held 22nd May, 2022.
· Local Government NSW – spoke on general managers salaries, industrial issues and the ongoing issue of the Emergency Services Levy on Councils.
· Session on COVID-19 – information on the statistical analysis , where have we come from and where are we headed?
· ASPIRE – is a digital too that supports a social business network across a region. As industries face the challenge of rising waste disposal costs and the pressure to reduce greenhouse gas emissions for excessive landfill, it is neither const effective, operationally efficient nor socially responsible for companies to ignore the end of life impacts of unwanted resources.
ASPIRE - Empowering businesses to exchange waste as a resource (aspiresme.com)
· Rose Read – spoke on product stewardship and product manufacturers taking account of end use to address pollution, waste and litter.
· Member for Parkes, Minister of Regional Services, Decentralisation and Local Government, Mark Coulton, MP – spoke on lobbying state premiers for a seat at National Cabinet. He provided an opinion on lobbying for a 1% increase to FAGS.
· Indigenous Voice – Elder of the Kungarakan tribal group and member of the Iwaidga tribal group in the Northern Territory, Professor Tom Calma, AO, - spoke on undertaking a four (4 month) consultation providing advice to government on aboriginal affairs on a local, regional and national platform.
· Donella Mills – Lawyer at LawRight Community Legal Centre and Chair of the National Aboriginal Community Controlled Health Organisation spoke on Closing the Gap being signed off by three levels of government and ALGA and needing a formal partnership in local government areas to discuss the impact of first nation’s people.
· Danielle Wood – CEO Grattan Institute spoke on:
o the shift from fiscal policy around balanced and surplus budget to the rate at 4%.
o Rates Cap – transparency in spending; suggest that not having control of revenue is inappropriate.
o Circular economy – income and jobs.
o Green Steel – Australia uses iron ore and hydrogen gas to produce in Australia (opportunity)
· Mayors Forum –
o Recovery from COVID-19. The Melbourne down turn in foot traffic down 900,000 per day; International students down 60%.
o Events calendar
o Business support/concierge service (data shows it works)
o Community development – impost on COVID-19 RECOVERY
o Mental health programs – Head Yakka HEAD YAKKA|Changing Mental Health & Wellbeing in Outback Communities
· Social Capital - Strengthening – Every Age Counts
o Connections between
o Ageism can be overcome by working with elders on programs within the community.
o Shift focus in community – promote pledge via council meeting (see attachments).
· Romilly Madew – CEO Infrastructure Australia spoke on infrastructure planning:
o place based approach i.e. link to community, build on strengths.
o Pipeline projects – listed annually – receptive of pre-meetings about projects.
o Resilience planning required
· Press Club – Cr Linda Scott pushing issues regarding Financial Assistance Grants (FAGs)
· The Circular Economy
o Mike Ritchie – Managing Director MRA Consulting Group spoke on waste management; A national target of banning exports; reducing waste generated by 10%, average resources by 80% and and halving organic waste by 2030.
o The cost of landfill – Councils key role in setting price; no more cheap landfill.
o Key focus – energy from waste, FOGO (food organics/garden organics); buy recycled content and modernise Material Recycling Facilities (MRFs).
From left: Cr Dennis Palmer (Deputy Mayor), Cr Linda Scott (President Australian Local Government Association), Phillip McMurray (General Manager) and Cr Abb McAlister (Mayor).
|
27 July 2021 |
|
DOCUMENT NUMBER |
352470 |
|||
|
REPORTING OFFICER |
Marianne McInerney, Personal Assistant to the General Manager |
|||
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|||
|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
|
FINANCIAL IMPLICATIONS |
The budget allocation for community donations for the 2021/22 financial year is $30,000 |
|||
|
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
|
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||
|
1. CGRC Community Donations Policy ⇩ 2. Community Donation Application Form ⇩ |
|
1. The Report on the Applications for Community Donation be received. 2. The Community Donation Applications, as detailed in the report, be considered. |
Introduction
At its Ordinary Meeting held 9th June, 2021 Council resolved (Min. no. 141/2021) to consider the Community Donation applications in a Councillor Workshop with a further report to be prepared and submitted to Council at the ordinary Meeting to be held 27th July, 2021.
Discussion
Council advertised through its usual mediums for community groups, groups and individuals to submit their application for a donation to Council by Friday 21st May, 2021 for consideration by Council.
The applications had to meet certain criteria to be considered. Each application was assessed on its individual merits and both successful and unsuccessful applicants will be contacted and advised of the outcome of their application as resolved in this report.
An overview of the applications, projects, donation amounts allocated and why applications did not meet the criteria as detailed in the Community Donations Policy are detailed in the following table:
|
Organisation |
Amount Requested |
Project details |
|
Bling it on Ball Exaggerated
|
$0
|
This request is now to be considered as a community event being applicable for a %50 community discount on hall hire and is not included as part of the annual Community Donations program. |
|
Busking Championships Gundagai
|
$5,000 |
Council determined the busking competition a unique tourism event which welcomes all participants of varied ability to Gundagai. The two day event encourages overnights stays and showcases the LGA and promotion of the area and local businesses bringing a much needed boost to the community. |
|
Cootamundra Amateur Dramatic Arts Society - CADAS |
$2,000 |
Council allocated $2,000 for CADAS which facilitates a youth Drama group called CADAS kids which traditionally has a theatre production every second year. A donation would be used to help fund production costs for a production to be held in 2022. These productions are our main source of revenue which have allowed CADAS to remain self-sufficient for many years. Due to the COVID-19 pandemic CADAS was unable to hold theatre productions in 2020 or 2021 meaning our funds to cover our operating costs are currently well below what they would usually be. |
|
Cootamundra Australian Rules Football Club |
$0
|
Council determined this application for Annual Park Hire for Clarke Oval Cootamundra did not meet the criteria as detailed in the Community Donations Policy. |
|
Cootamundra District Cricket Association |
$0 |
Council determined this application for $1250 toward the cost to service a roller and mower and a new marking framer for Fisher Park did not meet the criteria as detailed in the Community Donations Policy. |
|
Cootamundra Girl Guides
|
$420 |
Council allocated a $420 donation toward the cost of the bi-monthly hire of Fisher Park for Markets that raise money which helps to fund activities and projects for members of the Cootamundra Girl Guides. |
|
Cootamundra Lions Club |
$750 |
Council allocated a $750 donation toward the Annual Christmas Fair & Fireworks display. Council receives good advertisement in print, electronic media and on the day of the event. |
|
Cootamundra Riding for the Disabled
|
$4,000 |
Council allocated a $4,000 donation to the Riding for the Disabled Cootamundra as they have 8 horses on the RDA grounds and there is a need to refurbish the pasture. Currently it has a lot of weed, including marshmallow weed which need to be slashed, ploughed up, sprayed and resown. |
|
Cootamundra Sports Foundation
|
$500 |
Council allocated a $500 donation to assist Cootamundra Sports Foundation with the provision of financial assistance to aspiring young athletes, junior clubs and schools. |
|
Cootamundra Showground Users Group
|
$0 |
Council determined this application by the CSUG asking for a donation to cover the cost of the purchase of one defibrillator unit and required signage by Council did not meet the criteria as detailed in the Community Donations Policy being a s355 Committee of Council. |
|
Cootamundra Strikers Soccer Club |
$5,000 |
Council allocated $5,000 of in kind work toward the levelling of Fields 2 and 3 at Connor Park. |
|
Cootamundra Veterans Week of Golf
|
$1,000 ($800 and 2 gift bags of local produce to the value of $100 each) |
Council allocated a $1000 donation to the Cootamundra Veterans Golfers week of Golf being a highlight of the golfing calendar at the Cootamundra Country Club. The event, now in its 13th year attracts a significant number of visitors to Coota each year. The overall number of entrants in this tournament averages 123-150 each year. On average 60% are visitors of Coota. The golf event is played over 4 days and a presentation dinner (usually of 100 People) is held on Friday night. |
|
1st Gundagai Scout Group |
$3,000 |
Council allocated a $3,000 donation to assist with the costs of providing fun and healthy activities for its members. |
|
Gundagai Regional Enhancement Group |
$0 |
The application submitted by the GREG Committee did not meet the criteria for a donation as detailed in the Community Donations Policy. |
|
Gundagai Historical Museum Inc |
$7,000 |
Council allocated a $7,000 donation to the Gundagai Historical Museum toward the purchase of a shipping container for the purposes of setting it up as a secure storage area to be used to store items, enabling a rotation of the displays. |
|
Gundagai Neighbourhood Centre |
$0 |
Council determined this application did not meet the criteria as detailed in the Community Donations Policy. |
|
Muttama Hall Management Committee |
$5,000 |
Council determined this application did not meet the criteria as detailed in the Community Donations Policy being a Section 355 Committee of Council. |
|
Stockinbingal – Our Heritage Room |
$300 |
Council allocated a $ 300 donation for the printing costs for a book about the families and Pioneers of Stockinbingal. |
|
Wallendbeen Community Association (WCA)
|
$1,030 |
Council allocated a $1,030 donation to assist the WCA with the cost of submitting a development application to develop the station master’s residence as a viewing platform for silo artwork and a historic walking trail through the Wallendbeen township developing Wallendbeen as a tourism site. |
|
27 July 2021 |
8.1.3 Mandatory Proactive Release of Government Information - Disclosures of Pecuniary Interests and other matters by Councillors and designated staff
|
DOCUMENT NUMBER |
352818 |
|||
|
REPORTING OFFICER |
Teresa Breslin, Governance Officer |
|||
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|||
|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
|
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
|
LEGISLATIVE IMPLICATIONS |
To comply with the provisions of the Government Information (Public Access) Act and the Government Information (Public Access) Regulations. |
|||
|
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||
|
1. Information and Privacy Commission Guideline 1 For local councils on the disclosure of information September 2019 ⇩ |
|
A register detailing the position, title and name of designated persons and Councillors, be uploaded to Council’s website, along with advice that Returns may be viewed free of charge at Council’s Administration Building. |
Introduction
All Councils are required to comply with the provisions of the Government Information (Public Access) Act, 2009 (NSW) (“GIPA Act”) and the Government Information (Public Access) Regulation, 2018 (NSW). One of these requirements is the mandatory proactive release of Councillors and Designated Persons Returns.
In 2019, the Information and Privacy Commission (IPC) issued Guideline 1: For local Council’s on the disclosure of information contained in Returns disclosing the interests of Councillor’s and Designated Persons (attached to the report).
The mandatory pro-active release associated with the Government Information (Public Access) (GIPA) Act 2009 is requiring that the information contained in these returns should be made easily accessible, such as available free on the internet; unless:
· It imposes unreasonable costs, or
· Council determined there was an overriding public interest against disclosing information.
To date the Councillor and ‘Designated Person’ Returns have been made available at the Council Administration building upon request. The Returns contain certain personal details and information about the individual, and potentially about family members.
Discussion
In determining compliance with the guidelines, Council needs to consider several issues:
1. As a guideline, is Council compelled to do this?
2. What is the public interest?
3. What about the Privacy Protection of individuals?
In order to determine Council’s position, it is thought appropriate to explore each in more detail.
1) Whilst issued as a guideline by the IPC, Section 15(b) of the GIPA Act, requires that any determination as to whether there is an overriding public interest against disclosures must have regard to any relevant Guidelines issued by the Information Privacy Commissioner.
In order to determine public interest considerations against disclosure Section 14 of the GIPA Act sets out a table that includes:
Table 3
Individual rights, judicial processes and natural justice.
There is a public interest consideration against disclosure of information if disclosure of the information could be reasonably expected to have one or more of the following effects:
(a) reveal an individual’s personal information.
(f) expose a person to risk of serious harm or serious intimidation.
2) The reason for open disclosure is designed to create transparency and accountability in Local Government. It is in order to ensure that when matters are before Council the general public have the ability to determine whether an individual has a vested interest in the decision.
It must be remembered that there is already a requirement of Councillors and staff to declare any such interests and record them during meetings. This is set out in Council’s Code of Meeting Practice.
3) The Privacy and Personal Information Protection Act, 1988 (PPIPA) is designed to protect individuals from information being accessible about individuals pertaining to, amongst other things - cybercrime and identity theft, and, or, harassment and intimidation.
When Councillors and Designated Persons are completing the Return, they are doing so in order to comply with the Local Government Act, 1993 around good open governance. They are not condoning the information being available for cybercrime. The previous and current Returns have always been made available publicly upon request under 5 (1) (a) of the GIPA Regulations. This has required the provision of details and reasons for viewing. This is felt to add a layer of control over the information that protects individuals. Private information easily accessible on the internet does not have any such protection.
Assessment
An individual hidden from the world, has the potential to go online and discover all the information about a third party and can create mischief (either financially or otherwise).
There is already the opportunity for concerned individuals to access these returns. In order to do so, they must present to Council in person and provide valid or justified reasons. This is considered an appropriate step to ensure protection to individuals and to ensure that the purpose for such investigations is appropriate and legitimate.
The community is entitled to know what people (Staff and Councillors), have provided a Return and this information can be placed on the internet. This information can be provided on the internet in a register, including a statement that individuals are welcome to apply to see the documents at Council offices during work hours.
To date Council has not received an application to view the pecuniary interest forms, therefore, one could presume, there cannot be a great demand that requires disclosure on the website.
Summary
GIPA and PPIPA are in conflict, by both seeking public disclosure of information and conversely seeking to protect an individual’s privacy. In weighing up the issues above, the protection of individuals is a more important consideration than the convenience of someone being able to locate personal information on the internet.
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27 July 2021 |
|
DOCUMENT NUMBER |
352888 |
||||||
|
REPORTING OFFICER |
Marianne McInerney, Executive Assistant to the General Manager |
||||||
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
||||||
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FINANCIAL IMPLICATIONS |
Potential advertising requirements once application is approved. |
||||||
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LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
||||||
|
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
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|
Nil |
|
1. Two alternative sites in Cootamundra be considered to be included in a new RV Friendly Town Assessment submission to the Campervan and Motorhome Club of Australia (CMCA) to have Cootamundra included in the Recreational Vehicle Friendly Town program. 2. A new application be submitted to the Campervan and Motorhome Club of Australia (CMCA)for approval of the determined sites. 3. Once approval has been received the new RV Friendly sites be advertised through Council’s usual mediums and (previously purchased) RV Friendly Town signs be installed accordingly.
|
Introduction
At its Ordinary Meeting held 30th April, 2019 Council resolved (Min. no. 117/2019) to submit an application to the Campervan and Motorhome Club of Australia (CMCA) to have Cootamundra included in the Recreational Vehicle Friendly Town program to include land within the Airport on Yass Road, Cootamundra and land within Pioneer Park on Back Brawlin Road, Cootamundra as Short Term Parking options located close to the CBD.
Discussion
Following the ensuing application being submitted and approved by the CMCA, it was realised that the area at the Aerodrome was not zoned for such activity.
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27 July 2021 |
|
DOCUMENT NUMBER |
352674 |
|||
|
REPORTING OFFICER |
Teresa Breslin, Governance Officer |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
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FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
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|
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
|
POLICY IMPLICATIONS |
To comply with the CGRC s.355 Committee Management Manual. |
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1. Cootamundra Heritage Centre Meeting Minutes 5 July 2021 ⇩ |
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The Minutes of the Cootamundra Heritage Centre Management s.355 Committee meeting held on 5 July 2021, attached to the report, be received and noted. |
Introduction
The attached Minutes of the Cootamundra Heritage Centre Management s.355 Committee meeting held 5 July 2021, are submitted for the information of Council and the community.
|
27 July 2021 |
|
DOCUMENT NUMBER |
352873 |
|||
|
REPORTING OFFICER |
Teresa Breslin, Governance Officer |
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|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
|
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
|
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
|
POLICY IMPLICATIONS |
To comply with the s.355 Committee Management Manual. |
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1. Ordinary Meeting Minutes ⇩ 2. AGM Meeting Minutes ⇩ |
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1. The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting and Annual General Meeting held on 24 June 2021, attached to the report, be received and noted. 2. Membership of the Ellwood’s Hall s.355 Committee as detailed in the report, be endorsed. |
Discussion
The attached Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting and Annual General Meeting held on 24th June, 2021, are submitted for the information of Council and the community.
Membership
Stockinbingal Ellwood’s Hall s.355 Committee conducted their Annual General Meeting (AGM) on 24th June, 2021. At that meeting the following members were appointed:
Chairperson: Carmel Payne, Vice Chairperson: Sue Caldwell,
Secretary: Lorna Nixon, Treasurer: Alan Pether,
Other Committee members: Stephen Neave, Lynn Basham and Russell Vincent.
Temporary Booking Officer is to be Carmel Payne, until Stephen Neave is back from leave.
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27 July 2021 |
|
DOCUMENT NUMBER |
352877 |
|||
|
REPORTING OFFICER |
Teresa Breslin, Governance Officer |
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|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
|
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
|
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
|
POLICY IMPLICATIONS |
To comply with the Section 355 Committee Management Manual. |
|||
|
1. CTAG Meeting Minutes 1 July 2021 ⇩ |
|
1. The Minutes of the Cootamundra Tourism Action Group s.355 Committee Ordinary Meeting held on 1st July, 2021, attached to the report, be received and noted. 2. Council consider the Committee’s recommendation, and note to Council, included in the report and detailed in the Ordinary Meeting Minutes. |
Introduction
The attached Minutes of the Cootamundra Tourism Action Group s.355 Committee ordinary meeting held on 1st July, 2021, are submitted for the information of Council.
Committee Recommendation to Council from the Ordinary Meeting held on 1st July, 2021
That Council review Isobel Scott’s proposal for the Hillside Adventure Walking Track and Dirt Bike Facility and consider its suitability for further investigation & planning to have in a grant ready state.
Note to Council: The Committee believe it would be helpful if Council (Staff) defined its process around involvement, review and support of grants submitted by community groups in its LGA; better notification of grants the Council is submitting to avoid double-ups in effort, as well to better notify groups of available grant opportunities.
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27 July 2021 |
|
DOCUMENT NUMBER |
353074 |
|||
|
REPORTING OFFICER |
Teresa Breslin, Governance Officer |
|||
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|||
|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
|
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
|
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
|
POLICY IMPLICATIONS |
To comply with the Section 355 Committee Management Manual. |
|||
|
1. MHMC Meeting Minutes 7 July 2021 ⇩ |
|
The Minutes of the Muttama Hall Management s.355 Committee meeting held on 7th July, 2021, attached to the report, be received and noted. |
Introduction
The attached Minutes of the Muttama Hall Management s.355 Committee meeting held on 7th July, 2021, is submitted for the information of Council and the community.
|
27 July 2021 |
|
DOCUMENT NUMBER |
353218 |
|||
|
REPORTING OFFICER |
Marianne McInerney, Executive Assistant to the General Manager |
|||
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|||
|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
|
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
|
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
|
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||
|
1. Updated Council Meerting Action Report ⇩ |
|
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.
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27 July 2021 |
|
DOCUMENT NUMBER |
353361 |
|||
|
REPORTING OFFICER |
Miriam Crane, Manager Community and Culture |
|||
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
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FINANCIAL IMPLICATIONS |
A potential 25% Council co-contribution for two grant applications detailed in the report totalling $212,500 if successful. |
|||
|
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
|
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||
|
1. Gundagai Tourism Action Committee Minutes 19 July 2021 ⇩ |
|
1. The Minutes of the Gundagai Tourism Action Group s.355 Committee meeting held on 19th July, 2021 attached to the report, be received and noted. 2. Council consider the Recommendations contained within the Minutes.
|
Introduction
The attached Minutes of the Gundagai Tourism Action Committee meeting held on 19th July, 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 19th July, 2021
1. That Council endorse Verity Whittaker, Michael Whittaker, and Izzy Perko as members of the Gundagai Tourism Action Committee.
2. That Council submit two funding applications to the Regional Tourism Activation Fund being $200,000 for The Old Gaol Residence Accommodation (including a 25%/$50,000 Council co-contribution) and $800,000 for The Old Mill Agrotourism Development (including a 25%/$200,000 Council co-contribution).
Council co-contribution would be met from within other grant funding already obtained.
|
27 July 2021 |
8.4 Development, Building and Compliance
|
DOCUMENT NUMBER |
353090 |
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REPORTING OFFICER |
Sharon Langman, Manager Development, Building and Compliance |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
|
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
|
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
|
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||
|
1. Partnership Agreement - Cootamundra-Gundagai Regional Council and Service NSW ⇩ |
|
Council delegate authority to the General Manager to enter into a renewed Partnership Agreement with Service NSW. |
Introduction
Council currently has an agreement with Service NSW to promote and provide access to NSW Government information and services to assist business owners and support the local economy. The agreement is due for renewal and resolution of Council is required to endorse the renewal of the agreement. There is no cost to Council for participation in this partnership with support material, training and ongoing advice provided by Service NSW for Business.
Discussion
Service NSW for Business provides free, personalised support to small businesses to help them understand industry regulations and guide them through transactions and accessing support as necessary. The program provides concierge services and case management service as well as guidance and support for small business operators in times of disaster to access a range of Governmental support. The program also offers online business information hubs where customers can access how to guides on key tasks and support available when starting and running a business.
Councils are encouraged to enter into an agreement with Service NSW to ensure consistency across all Councils that reflects the broader focus both Service NSW and provides an opportunity for Councils to engage with all services provided by Service NSW in a consistent manner. The partnership’s intent is to build awareness of the specialist services available, assist Council staff to direct people to the appropriate Service NSW service and provide customers with skills to be better researched and informed prior to lodging any application. It is anticipated that this would lead to reduced processing times and costs relating to Council applications.
It is considered that this partnership assists in promoting Cootamundra-Gundagai Regional Council as being welcoming of small business by actively seeking to reduce delays by directing potential investors to the concierge and support services of Service NSW. This partnership achieves the objective of encouraging sustainable economic development by building relationships with key stakeholders to enhance and grow economic development activities within the Local Government Area.
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27 July 2021 |
|
DOCUMENT NUMBER |
353038 |
|||
|
REPORTING OFFICER |
Sharon Langman, Manager Development, Building and Compliance |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
|
FINANCIAL IMPLICATIONS |
Any potential financial contribution would be funded by the Development, Building and Compliance budget . |
|||
|
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
|
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||
|
Nil |
|
That Council: 1. Accept the letter of offer for funding under the Heritage Advisor Service Program. 2. Accept the letter of offer for funding under the Small Heritage Grants Program. 3. Match the funding of both programs on a dollar-for-dollar basis. 4. An Internal Heritage Committee be established to manage, monitor and report on both programs. |
Introduction
NSW Heritage provides annual grants to councils to assist in managing important heritage items and educating the community in heritage matters. These grants are provided on a recurrent funding basis every two years. Council has received a letter of offer for two separate heritage grant funding programs: Small Heritage Grants and Local Heritage Advisor Service. Grants assist communities, owners and custodians to recognise, value and care for heritage items. In accordance with Council’s draft grant policy a resolution of Council is required to accept the funding offer and to commit funding to the programs if so desired. The funding for both programs is required to be accepted by 31st July, 2021.
Discussion
Heritage management is an important part of cultural recognition, storytelling and community fabric. Heritage includes indigenous and non-indigenous matters, built, natural and cultural places. Recognising and valuing all forms of heritage helps to create a sense of place and belonging. It brings communities together, passes on traditions and meaning through generations. Heritage is an important community asset, it provides unique character and distinctiveness, provides educational opportunities as well as economic stimulus through tourism. When heritage items are maintained, it is an asset to the community, not only visually, but can also assist in engendering pride of place, social inclusion and sense of belonging.
The importance of heritage is recognised at all levels of Government from the National Heritage List, State Heritage Register through to Local Environmental Plans. To this end councils are involved in the protection, management and conservation of heritage items through their local planning instruments, as building owners and managers of conservation areas. Cootamundra-Gundagai Regional Council has 143 individual items and 6 heritage conservation areas listed in the Local Environmental Plans governing the local government area. This represents a large and valuable community asset, resource and opportunity.
There are two streams of annual grant funding available for councils on a two-year ongoing basis: Small Heritage Grants and Local Heritage Advisor Service. The purpose of Small Heritage Grants is to assist owners of heritage items undertake minor works such as painting, fencing and works as outlined in a heritage conservation management plan. The purpose of the Local Heritage Advisor Services is to provide advice to the community and staff on heritage matters and assist in educating the community and staff on the importance and value of heritage. It is usual (and a reporting requirement) for a heritage advisor to assist owners to lodge, and assist staff assess, Development Applications as well as provide advice to Council on the management of Council managed heritage items. A local heritage advisor also assist staff in developing, managing, monitoring the outcomes of, and reporting on the small heritage grants program.
Council has been successful in being offered funding for both of the above programs as follows:
Local Heritage Advisor Service $6000 (ex GST) for 2021-2022
$6000 (ex GST) for 2022-2023
Small Heritage Grants $5500 (ex GST) for 2021-2022
$5500 (ex GST) for 2022-2023
Neither grant has a mandatory requirement for matched funding, although Council is required to report on any matching funding under the terms of both programs. Nonetheless in order to maximise the available funding and provide value for money in both grants it is not unusual for Council to contribute funds to these programs. For example, should Council determine to match funding for a heritage advisor service on a dollar-for-dollar basis Council would provide such a physical presence to provide this service for 1 day per month at a total cost of $12,000 (ex GST) per year. Similarly, it is not unusual for Council to provide funding for small heritage grants. In this situation funding is generally provided on a ratio of 1:1:1 where a dollar is provided from grant monies, Council provides a matching dollar, and the owner of the heritage item provides a further dollar. In this way the owner achieves heritage maintenance outcomes that may otherwise not be achieved without guidance and funding. Such funding may be able to be provided within the budget allocation for staffing of the Development, Building and Compliance Team.
In accepting the offer of funding for the heritage advisor service Council will need to call for expressions of interest, including expected time on site, hours of work, hourly rate, expected output and reporting. Similarly, in accepting the offer of funding for the small heritage grants Council will be required to develop a policy on how the program will be offered, including awareness of program, eligibility criteria, assessment criteria, monetary limits per application, notification of applications, monitoring, acquittal, reporting, completion and celebration. It is expected that the final decision of allocation of funding under the small heritage grants would be by resolution of Council.
Each of the programs will need to be reported to Council on an annual basis. It is anticipated that an internal heritage committee be established that would include at least one councillor, staff and heritage advisor to manage, monitor and report the success of both programs.
|
27 July 2021 |
|
DOCUMENT NUMBER |
352805 |
|||
|
REPORTING OFFICER |
Sharon Langman, Manager Development, Building and Compliance |
|||
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|||
|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
|
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
|
LEGISLATIVE IMPLICATIONS |
Compliance with the provisions of the Environmental Planning and Assessment Act, 1979 and related legislation. |
|||
|
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||
|
Nil |
|
The information on Development Applications approved in June, 2021 be received and noted. |
Introduction
The Development Applications Approved in June, 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 June, 2021.
|
APP. NO. |
PROPOSED DEVELOPMENT |
PROPERTY DESCRIPTION |
|||
|
CDC2021.13 |
New Dwelling |
Lot 53 DP1173450 Banjo Patterson Pl Gundagai |
|
||
|
DA2021.82 |
Secondary dwelling, new sheds, shipping containers and rain water tanks |
Lot 4 DP1105847 Ryans Ln Cootamundra |
|
||
|
DA2021.73 |
Dwelling alterations and additions |
Lot 446 DP753601, Kilrush Rd Cootamundra |
|
||
|
CDC2021.12 |
Swimming Pool |
Lot 55 DP757213 Old Hume Hwy Tumblong |
|
||
|
DA2021.71 |
Shed |
Lot B DP383307 Centenary Ave Cootamundra |
|
||
|
DA2021.70 |
Shed |
Lot 1 DP1057741 Old Cootamundra Rd Cootamundra |
|
||
|
DA2021.69 |
Dwelling alterations and additions |
Lot 1 DP503958 Punch St Gundagai |
|
||
|
DA2021.68 |
Retaining Wall |
Lot 24 DP851885 Gilmore Pl, Gundagai |
|
||
|
DA2021.67 |
RFS Shed |
Lot 48 DP750606 McCaffreys Ln Milvale |
|
||
|
CDC2021.11 |
Demolition of Dwelling |
Lot A DP155104 Punch St Gundagai |
|
||
|
DA2021.15.3 |
Modification to Development Consent - Shed |
Lot 3 Sec 4 DP2740 Ward St Cootamundra |
|
||
|
DA2021.62 |
Centre-based child care facility |
Lot 13 DP1102375 First Ave Gundagai |
|
||
|
DA2021.60 |
Subdivision (residential) – 3 lots |
Lot 1 DP231347 Northcott Ave Cootamundra |
|
||
|
DA2021.59 |
Alterations and Additions to Council Administration Office |
Lot 2 Sec 37 DP758785 Sheridan St Gundagai |
|
||
|
DA2021.46 |
New Dwelling and Shed |
Lot 14 DP1093742 Matilda Ave Cootamundra |
|
||
|
VALUE OF WORK REPORTED TO THIS MEETING: |
$3,745,627.00 |
|
VALUE OF WORK REPORTED YEAR TO DATE: |
$18,569,862.00 |
|
THIS TIME LAST YEAR: |
|
|
VALUE OF WORK –June 2020: |
$127,100 |
|
VALUE OF WORK – YTD 2020: |
$12,833,694.00 |
|
27 July 2021 |
8.4.4 Development Application 2021/80 - 1 Centenary Ave, Cootamundra - Variation to Development Control Plan
|
DOCUMENT NUMBER |
352947 |
|||
|
REPORTING OFFICER |
Sharon Langman, Manager Development, Building and Compliance |
|||
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|||
|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
|
FINANCIAL IMPLICATIONS |
There are no financial implications associated with this report. |
|||
|
LEGISLATIVE IMPLICATIONS |
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. |
|||
|
1. Development Assessment Report - DA 2021/38 - 1 Centenary Ave, Cootamundra ⇩ |
|
That Council approve the following development subject to the consent conditions below: · Application No: DA2021/80 · Property: Lot A DP383307 1 Centenary Ave COOTAMUNDRA NSW 2590 · Development To construct a 234m2 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.
(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.
(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 Stormwater is to be discharged 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
(11) DUR Condition- Clearance to Boundary Trap Council existing boundary trap must be accessible to Council and plumbers, a clearance of 500mm maintained around the connection point. No structures to be built over sewer lines or old clay pipes, unless the line is PVC pipe.
Reason: to provide clear and unobstructed access to the main connection point to Council sewer/boundary trap and prevent failure under structures built.
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 or shed is 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 a shed as ancillary development to an existing dwelling. 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 is above 5% 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 can 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 the existing outbuildings already exceed site coverage as contained within the DCP. 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, being a shed, exceeds the site maximum size requirements for outbuildings as contained within the DCP.
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27 July 2021 |
8.4.5 Development Application 2021/86 - 48 Thompson St, Cootamundra - Variation to Development Control Plan
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DOCUMENT NUMBER |
353018 |
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REPORTING OFFICER |
Sharon Langman, Manager Development, Building and Compliance |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
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FINANCIAL IMPLICATIONS |
There are no financial implications associated with this report. |
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LEGISLATIVE IMPLICATIONS |
Council needs to assess each application on its individual merits in accordance with legislative requirements and timeframes. |
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POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
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1. Development Assessment Report - DA 2021/86 - Shed - 48 Thompson Street, Cootamundra ⇩ |
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That Council approve the following development subject to the consent conditions below: · Application No: DA2021/86 · Property: Lot 1 DP166465 48 Thompson Street COOTAMUNDRA NSW 2590 · Development: To construct a 78m2 Colorbond clad 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.
Reason: To confirm the details of the application as submitted by the applicant and as approved by Council.
(3) GEN Condition - Utilities Approval is given subject to the location of, protection of, and/or any necessary modifications to any existing public utilities situated within or adjacent to the subject property.
Reason: To ensure that any public utilities are maintained and protected from damage.
(4) Gen Condition – Not certify compliance with BCA or NCC The issue of this Development Consent does not certify compliance with the relevant provisions of the Building Code of Australia or National Construction Code Series.
Reason: This consent does not certify compliance with the BCA or NCC.
PRIOR TO COMMENCEMENT OF WORKS (1) PCW Condition – Prior to Building Work Commencing The erection of a building in accordance with the development consent must not commence until: 1. a construction Certificate for the building work has been issued by the consent authority, the council (if the council is not the consent authority) or an accredited certifier, and 2. the person having the benefit of the development consent has: a. appointed a principal certifying authority for the building work, and b. notified the principal certifying authority that the person will carry out the building work as an owner-builder, if that is the case, and 3. the principal certifying authority has, no later than 2 days before building works commences: a. notified the consent authority and the council (if the council is not the consent authority) of his or her appointment, and b. notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect to the building work, and 4. the person having the benefit of the development consent, if not carrying out the work as an owner-builder, has, a. appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential work is involved, and b. notified the principal certifying authority of any such appointment, and c. unless that person is the principal contractor, notified the principal contractor of any critical stage inspection or other inspections that are to be carried out in respect of the building work.
Reason: To ensure compliance with the requirements of the Environmental Planning and Assessment Regulations.
(2) PCW Condition – Signage Site signage shall apply and must be erected on the site in a prominent, visible position for the duration of the construction. The signage must include: 1. Statement that unauthorised entry to the site is not permitted 2. Show the name of the builder or another person responsible for the site and a telephone number at which the builder or other person can be contacted outside working hours 3. The name, address and telephone contact of the Principal Certifying Authority for the work
Any structures erected to meet the requirements of this condition must be removed when it is no longer required for the purpose for which it was erected.
Reason: To meet the minimum requirements of the Environmental Planning & Assessment Regulation.
(3) PCW Condition – Notice of Commencement Prior to work commencing a ‘Notice of Commencement of Building Work and Appointment of Principal Certifying Authority’ shall be submitted to Council at least 2 days prior to work commencing.
Reason: To meet the minimum requirements of the Environmental Planning & Assessment Regulation.
(4) PCW Condition – Builders Toilets Provision being made for temporary WC accommodation on site prior to the commencement of excavation or other associated building works.
Reason: To ensure minimum standards of hygiene for onsite workers.
(5) PCW Condition – Residential Building Work Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information: 1. In the case of work for which a principal contractor is required to be appointed: a. In the name and licence number of the principal contractor, and b. The name of the insurer by which the work is insured under Part 6 of that Act. 2. In the case of work to be done by an owner-builder: a. The name of the owner-builder and, b. If the owner builder is required to hold an owner builder permit under the Act, the number of the owner-builder permits.
If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (1) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.
Reason: Statutory compliance.
(6) PCW Condition – Siting of Building The applicant is responsible to ensure that the building is sited on the allotment and constructed to the design levels approved by Council as specified on the approved site plan.
Reason: To ensure the development is carried out on the correct allotment.
(7) PCW Condition – Waste Storage During Construction Provision shall be made on site for the proper storage and disposal of waste such that no builders' waste shall be left in the open. Specific attention should be given to items which are subject to relocation by the action of wind, e.g. Paper, sheets of iron, ridge capping, cement and lime bags and the like.
Reason: To ensure that the site is not a source of wind-blown litter.
(8) PCW Condition – Soil Erosion Control Site erosion control measures shall be incorporated into site management during construction. Seepage and surface water shall be collected and diverted clear of the building site by a drainage system. Care shall be taken to ensure that no nuisance is created to adjoining properties or public space by way of sediment run off.
Reason: To ensure that adequate measures are in place so that damage from sediment run off to adjoining sites and waterways is minimised.
(9) PCW Condition – Underground Services The applicant shall locate and identify all existing underground services prior to commencement of works and ensure there shall be no conflict between the proposed development and existing infrastructure including areas external to the development site where works are proposed.
Reason: To ensure the utility services are protected and satisfactory for the proposed development. DURING CONSTRUCTION (1) DUR Condition – Works to be undertaken in Accordance with the Approval All proposed works to be undertaken are to be carried out in accordance with the conditions of development consent, approved construction certificate drawings and specifications.
Reason: ensure all works are carried out in accordance with the development consent.
(2) DUR Condition – Hours of Construction Site Works Construction site works including the entering and leaving of vehicles is limited to the following hours, unless otherwise permitted by Council:-
Monday to Saturday from 7.00am to 7.00pm Sundays and public holidays from 9.00am to 12.00pm
The applicant is responsible to instruct and control subcontractors regarding hours of work.
Reason: So that the development does not reduce the amenity of the area.
(3) DUR Condition – Footpath Storage Building materials not to be stored on Council footway or nature strip at any time.
Reason: To ensure an adequate level of public safety is maintained.
(4) DUR Condition – Waste Removal All debris and any waste fill are to be removed from the site and disposed of at Cootamundra Garbage Depot, in the building refuse section of the garbage depot. Please note that a separate fee applies for disposal of waste at Council's waste depot. You should contact Council's Works Operations Manager for an estimate of costs in this regard.
Reason: To ensure that the amenity and unsightly condition is minimised.
(5) DUR Condition - BCA Compliance All building work (other than work relating to the erection of a temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate was made).
Reason: To ensure the building complies with the BCA.
(6) DUR Condition – Inspections The Principal Certifying Authority is to be given a minimum of 48 hours’ notice prior to any critical stage inspection or any other inspection nominated by the Principal Certifying Authority via the notice issued under Section 91A of the Environmental Planning and Assessment Act 1979.
All building work (other than work relating to the erection of a temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate was made).
Reason: To ensure that adequate time is given of required inspections.
(7) DUR Condition – Restricted Public Access It is the responsibility of the applicant to restrict public access to the building site, building works or materials or equipment on the site when building work is not in progress or the site is otherwise unoccupied in accordance with WorkCover Regulations.
Reason: To ensure public safety is maintained.
(8) DUR Condition – Storm Water Storm water is to be discharged 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
(9) DUR Condition – Storm Water / Ground Water Diversion Run-off and ground water seepage shall be diverted around the building to the storm water system via a suitable ag drain or dish drain.
Reason: To minimise the opportunity for ponding and flooding.
POST CONSTRUCTION (1) POC Condition – Occupation of Building A person must not commence occupation or use of the whole or any part of the buildings unless an occupation certificate has been issued by the appointed Principal Certifying Authority.
Reason: So that the development is substantially completed to a safe standard to allow use or occupation of said building.
ONGOING USE (1) USE Condition – Business Use The shed is 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, wastewater, waste products, grit, oil, by causing interference to television or radio reception or otherwise.
Reason: So that the development does not reduce the amenity of the area.
(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 a shed as ancillary development to an existing dwelling. 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 is above 5% 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 can 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 the existing outbuildings already exceed site coverage as contained within the DCP. 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, being a shed, exceeds the site maximum size requirements for outbuildings as contained within the DCP
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27 July 2021 |
8.4.6 Development Application 2011-058 - Mod 2- Soil Treatment Facility - Old Treatment Works Lane, Cootamundra
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DOCUMENT NUMBER |
353256 |
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REPORTING OFFICER |
Sharon Langman, Manager Development, Building and Compliance |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
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FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
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LEGISLATIVE IMPLICATIONS |
Council is required to assess each application on the merits of the individual proposal and in accordance with legislation. |
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POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
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1. Assessment Report - DA2011-058 Mod - Soil Treatment Facility - Old Treatment Works Lane (17 Turners Lane) Cootamundra ⇩ |
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1. Council refuse development application 2011-058 Mod 2 for a soil treatment facility at Lot 562 DP 881310 17 Turners Lane, Cootamundra for the following reasons: a. The consent authority has been advised by an approval authority that general terms of approval will not be issued for the modification proposal; b. The consent authority is not satisfied that the modification proposal is not designated development; c. The consent authority is not satisfied that the modification proposal is substantially the same development as that for which consent was originally granted. |
Introduction
Council has received a modification application to development consent DA2011-058 for a soil treatment facility at Old Treatment Works Lane (17 Turners Lane) Cootamundra. The proposal is on Council and, according to the delegations issued to staff, devilment proposal on land owned where Council is the owner or applicant, the proposal is referred to Council for determination.
Discussion
In 2011 consent was granted to a soil treatment facility on Council owned land at the former sewer treatment works site on Old Treatment Works Lane (17 Turners Lane), Cootamundra. The proposal being defined in Schedule 3 of the Environmental Planning and Assessment Regulation, 2000 was is designated development and defined as contaminated soil treatment works. The proposal was also integrated development in that it required a licence from the NSW EPA to be able to operate.
The site has been in operation for approximately 9 years. Recently Council and the NSW EPA became aware that the site was not being operated in accordance with the conditions of consent and the Environmental Protection Licence in terms of total material on site, type of material being brought to site and source of material brought to site for treatment. Staff of Council and NSW EPA met with the applicant and advised of the non compliance issues, the proposed modification as lodged is an attempt to legalise the activities being taken, and sought to be undertaken on site.
As the site is a licensed site (ie it has an Environmental Protection Licence) any modification that proposed to alter, amend or is in contrary to the conditions of the licence requires the agreement of the approval authority to the proposed changes. In this instance Council, as the consent authority, sought general terms of approval from NSW EPA, the approval authority, in order that the modification may be determined. The NSW EPA advised Council that it would not issue general terms of approval and the reasons for not issuing are contained within the attached assessment report.
Where an approval authority advises the consent authority that it will not issue general terms of approval, the consent authority must not grant consent to the application. This in and of itself is sufficient grounds for Council to refuse the application, however an assessment under the regulations in relation to modifying designated developments has revealed that the proposed modification is also considered to be designated development (and subject to the preparation of an Environmental Impact Statement and third party appeal rights). Furthermore an assessment of the original Environmental Impact Statement against the proposed modification has failed to satisfy Council that the modification sought is of minor environmental impact and not substantially the same development in purpose as that originally approved.
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27 July 2021 |
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DOCUMENT NUMBER |
353285 |
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REPORTING OFFICER |
Sharon Langman, Manager Development, Building and Compliance |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
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FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
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LEGISLATIVE IMPLICATIONS |
Council is required to assess each application on the merits of the individual proposal and in accordance with NSW legislation. |
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POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
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1. Development Application 2019/143 Mod 2 - Waste Facility - Tumblong Reserve Road, Tumblong - Assessment Report ⇩ |
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1. Council refuse development application 2019-143 Mod 2 for a waste facility at Lot 7300 DP 1149008, Lot 7300 DP1028797 Lot 10 DP1210362 and Crown Road, Tumblong Reserve Road, Tumblong for the following reasons: a. The consent authority has been advised by an approval authority that general terms of approval will not be issued for the modification proposal; b. The consent authority is not satisfied that the modification is of minimal environmental impact; c. The applicant has not adequately considered the additional environmental risks associated with unknown source and composition material and sufficient mitigation and monitoring measures have not been proposed. |
Introduction
Council has received a modification application to development consent DA2019-143 for a waste facility at Tumblong Reserve Road, Tumblong. The proposal is on Council land, according to the delegations issued to staff, development proposals where Council is the owner or applicant, the proposal is referred to Council for determination.
Discussion
In 2020 consent was granted by the Southern Region Planning Panel to a waste facility (landfill) on Council owned land at a quarry site on Tumblong Reserve Road, Tumblong. The proposal being defined in Schedule 3 of the Environmental Planning and Assessment Regulation, 2000 was designated development and defined as contaminated soil treatment works. The proposal was also integrated development in that it required a licence from the NSW Environmental Protection Agency (EPA) to be able to operate.
The site has been in operation for approximately 1 year with the complete excavation of the gravel resources, stockpiling and landfilling operations occurring on site. The facility was proposed and justification as being a local, economical alternative for the waste from the Visy Paper Recycling Facility at Tumut. The application was modified to remove the need for a weighbridge at the site, which is required under best practice guidelines, on the basis that the material was single source and weighed before leaving the Visy facility.
The applicant now proposes to bring construction and demolition material from unspecified sources to the site. The proposal does not include the installation of a weighbridge or sufficient quarantine areas to separate and inspect potentially non conforming loads.
As the site is a licensed site (i.e. it has an Environmental Protection Licence) any modification that proposed to alter, amend or is in contrary to the conditions of the licence requires the agreement of the approval authority to the proposed changes. In this instance Council, as the consent authority, sought general terms of approval from NSW EPA, the approval authority, in order that the modification may be determined. The NSW EPA advised Council that it would not issue general terms of approval and the reasons for not issuing are contained within the attached assessment report.
Where an approval authority advises the consent authority that it will not issue general terms of approval, the consent authority must not grant consent to the application. This in and of itself is sufficient grounds for Council to refuse the application, however an assessment under the regulations in relation to modifying designated developments has revealed that the proposed modification is not considered to be one of minimal environmental impact as the environmental risks associated with unknown source and composition material has not been assessed and is based upon the previous assessment for the site which was for the acceptance of single source waste from the Visy Paper Recycling Facility at Tumut.
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27 July 2021 |
8.4.8 Development Application 2021/15 Modification - 2 Ward St, Cootamundra - Variation to Development Control Plan
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DOCUMENT NUMBER |
353575 |
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REPORTING OFFICER |
Sharon Langman, Manager Development, Building and Compliance |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
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FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
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LEGISLATIVE IMPLICATIONS |
Council needs to assess each application on its individual merits in accordance with legislative requirements and timeframes. |
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POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
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1. Development Assessment Report DA2021-15 Mod 3 - 2 Ward Street, Cootamundra ⇩ |
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That Council approve the following development subject to the consent conditions below: · Application No.: DA2021/15.3 · Property: Lot 3, Section 4, DP2740 2 Ward Street COOTAMUNDRA NSW 2590 · Development: To construct a 20.8m2 Colorbond shed as ancillary to the existing dwelling Determination and Conditions: Application Approved subject to the following conditions and reasons: - GENERAL CONDITIONS (1) GEN Condition - Compliance Standards Any building and associated works shall comply with the statutory requirements of the Environmental Planning & Assessment Act, Local Government Act, 1993 and the Building Code of Australia (BCA).
Reason: The legal obligations of the Council to administer the New South Wales building and planning laws in order to provide satisfactory standards of living and development.
(2) GEN Condition - Compliance with Council The Development being completed in accordance with plans and specifications stamped by Council listed in the table below and the Statement of Environmental Effects, except where varied by conditions of this consent.
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 – Provision of Landscape Plan Prior to the issue of a Construction Certificate, the applicant shall submit to Council for approval a proposed landscape plan. The plan shall provide the following details: · Common and botanical name of proposed plantings; · Location and number of proposed plantings; · Height at planting; · Height at maturity; · Timeframe for plants to reach maturity; · Water and maintenance requirements for plantings. 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 - 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.
(7) 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.
(8) 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.
(9) DUR Condition – Storm Water Storm water is to be discharged 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.
(2) USE Condition – Establishment of Landscaping Proposed landscaping in accordance with the approved plans for established tree planting shall be maintained to ensure a dense screen is established. Such plantings are to be at least to an established height of the gutter line of the shed and are to occur prior to the issue of an Occupation Certificate.
Reason: To minimise visual impact and promote/enhance the rural character of the area and Council's concern that the amount of vegetation in the Shire should continue to increase to improve the climate and appearance.
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.
(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 a modification application for the erection of a shed as ancillary development to an existing dwelling. 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 is above 5% 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 can 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 the setting the building back further would impact on views; large rocks in the rear yard inhibit construction in that area; and consistent with setback of outbuilding on adjoining land. 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, being a shed, is inconsistent with the building line setback as contained within the DCP.
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27 July 2021 |
8.4.9 Development Applciation 2020/155 Modification - 24 Lawrence St, Cootamundra - Variation to Development Control Plan
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DOCUMENT NUMBER |
353619 |
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REPORTING OFFICER |
Sharon Langman, Manager Development, Building and Compliance |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
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FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
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LEGISLATIVE IMPLICATIONS |
Council needs to assess each application on its individual merits in accordance with legislative requirements and timeframes. |
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POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
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1. Developoment Assessment Report - 2020-155 Modification - 24 Lawrence St, Cootamundra ⇩ |
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That Council approve the following development subject to the consent conditions below: · Application No.: DA2020/155.2 · Property: Lot 1, Section 5, DP2740 24 Lawrence Street COOTAMUNDRA NSW 2590
· Development: To construct a 60m2 Colorbond shed (including awning) as ancillary to the existing dwelling Determination and Conditions: Application Approved subject to the following conditions (modified as relevant) and reasons: (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.
As modified 2020/155 Mod 1 dated 28 July, 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 nil
PRIOR TO ISSUE OF SUBDIVISION CERTIFICATE (if applicable) nil
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 – 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 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
(12) DUR Condition – Storm Water / Ground Water Diversion. Run-off and ground water seepage shall be diverted around the building to the storm water system via a suitable ag drain or dish drain.
Reason: To minimise the opportunity for ponding and flooding.
POST CONSTRUCTION (1) POC Condition – Occupation of Building. A person must not commence occupation or use of the whole or any part of the buildings unless an occupation certificate has been issued by the appointed Principal Certifying Authority.
Reason: So that the development is substantially completed to a safe standard to allow use or occupation of said building.
(2) POC Condition – Compliance Certificates. Prior to occupation of the building an Occupation Certificate is to be obtained. If Council is requested to issue the Occupation Certificate, all relevant compliance certificates must be submitted.
Reason: So that the development is substantially completed to a safe standard to allow use or occupation of said building.
ONGOING USE
(1) USE Condition – Business Use. The garage and awning 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 garage is not to be used for residential occupation without prior consent of Council.
Reason: Health and safety prohibition. |
Introduction
Council has received a modification application for the erection of a shed as ancillary development to an existing dwelling. 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 is above 5% 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 can 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 the setting the building back further would impact on views; large rocks in the rear yard inhibit construction in that area; and consistent with setback of outbuilding on adjoining land. 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, being a shed, is inconsistent with the building line setback as contained within the DCP.
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27 July 2021 |
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DOCUMENT NUMBER |
352447 |
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REPORTING OFFICER |
Glen McAtear, Manager Regulatory Services |
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AUTHORISING OFFICER |
Phillip McMurray, General Manager |
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
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FINANCIAL IMPLICATIONS |
$5,050 in Crown Reserves Improvement Fund funding from the Department Primary Industries – Crown Lands. Income received from Saleyard activity in Cootamundra and Gundagai. |
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LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
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POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
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Nil |
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The Regulatory Report for June, 2021 be received and noted. |
Introduction
The following report details the main activities that were undertaken by the Regulatory staff during June, 2021.
Saleyard Activities
· Sheep Sales held – Cootamundra: 2 - Yarding information: Total sheep sold: 4669 head.
· Total amount of sales - $859,772 Top price: $300.00, Average Price: $184.14
· Cattle Sales held – Gundagai: 1 - Yarding information: Total cattle sold: 2268 head
· Total amount of sale - $3,780,365 top price: $2,150, Average Price: $ 1,666.83
· Truck wash Registered Users: Cootamundra Saleyards: 22 - Amount received $2,317.43
· Truck wash Registered Users: Gundagai Saleyards: 30 - Amount received $2,942.05
· Transit Fees Received: Cootamundra Yards: 0 Gundagai Yards: 0
Cootamundra yards were cleaned and maintained with minor
welding repairs undertaken and weed spraying of yards and grounds. Gundagai
yards were cleaned with general maintenance carried out. Cootamundra Truck wash
maintenance was carried out along with tank flushing and excess manure removal
from pit.
Cemetery Activities
Burial enquiries - Locate grave, provide maps and information for family research: 25.
All Cemeteries were mowed, weeds sprayed, trees watered, plants and hedges pruned and sprayed, and tree litter was removed. Maintenance to Cemetery furniture was undertaken with repainting of benches. General grave maintenance including backfilling, feral animal holes, topping up graves and irrigation repairs were undertaken. Fencing repairs and general upkeep of Boundary fencing was carried out in the Coolac, Muttama and South Gundagai Cemeteries.
Burial/Interments: 12
Cemetery Locations: Cootamundra 11, Gundagai North 1
Biosecurity Activities
Council has been successful in receiving a further $5,050 in Crown Reserves Improvement Fund funding (CRIF) from the Department Primary Industries (DPI) – Crown Lands to assist with ongoing weed spraying and slashing works on the Cowcumbla Tank Reserve, Cootamundra and Crown Road in Gundagai.
Regulatory staff have recently submitted 4 further quotes for consideration through the CRIF for Weed control works with DPI-Crown Lands and if successful this would be an additional $ 21,600. These quotes are for * Crown Road off Francis Avenue, Gundagai, * Cowcumbla Tank Reserve, Cootamundra, * Crown Land Reserve off Hurley Street, Cootamundra and * Crown Road off Neil McInerney Street, Gundagai.
Biosecurity staff carried out roadside inspections, but no property inspections were carried out in June. drumMUSTER collections continued to be accepted.
Ranger Activities
The Animal Care Facility was cleaned, mowed, whipper snipped and maintained, along with continued baiting for mice and rats. Dog Waste Stations were refilled with bags in all parks and off leash areas. Waste Stations have been installed in the main streets of Cootamundra and Gundagai to encourage better behaviour from dog owners regarding picking up after their dogs whilst out walking their pets.
The Rangers attended to several complaints, 5 Nuisance Dog issues, predominantly barking issues and 5 illegal dumping incident and clean ups. No Penalty Infringement Notices were issued.
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. Rangers have undertaken follow ups compliance checks on Menacing Dogs.
NSW Companion Animal Registrations: 43, amount received for
June, 2021: $3,614
Dog Attack Incidents across the LGA: 0 -
Dogs and Cats Seized across the LGA: 27 -
Seizure Locations: Cootamundra 23, Gundagai 1, Tumblong 1, Coolac 1 and
Stockinbingal 1
|
27 July 2021 |
|
DOCUMENT NUMBER |
353276 |
|||
|
REPORTING OFFICER |
Janelle Chapman, Senior Regulatory Officer |
|||
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|||
|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
|
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
|
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
|
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||
|
Nil |
|
The Council to resolve which option they would like to pursue. |
Introduction
Cootamundra-Gundagai Regional Council (CGRC) currently manages Saleyards in Cootamundra and in Gundagai. The Cootamundra Saleyards currently conducts a fortnightly sheep sale and Gundagai Saleyards currently conducts a yearly Cattle sale. Both yards are regularly utilised by local Stock and Station Agents and Transport Companies to transfer stock between vendors and purchases. Due to the geographical location of the Saleyards at Gundagai they are very easily accessible to highway traffic, therefore a convenient transit stop for transport operators. It is recognised that the maintenance of both Saleyards is an ongoing cost to the Council and these costs could be offset by recovering transit fees from users.
Discussion
CGRC staff have investigated at length the various possibilities for methods to recover these transit costs and there is no easy solution. The staff have received information from other councils, Saleyard Associations, and the Department Primary Industries-Local Lands Services with regard as to how to manage this complex issue.
Firstly, the definition of transit stock could be considered as any livestock i.e. Horses, Cattle, Sheep, Goats, Pigs, Alpaca’s et cetera. Transit stock does not just include livestock being transported into and out of the local government area but could also be considered any local livestock utilising the yards i.e. local residents using the yards to house stock on a short term basis.
Secondly, who should be charged when using the yards? The transporter, the vendor, the purchaser or the Agent?
Thirdly, what hours should the Saleyards be open and accessible for use on non-sale days? Should the yards be locked after hours from 4pm to 6am on weekdays and on weekends? Should transporters be given access to the yards after hours at a cost?
Finally, what is CGRC’s Duty of Care? Many councils lock their Saleyards only to be opened two days prior and two days following a sale or in case of an emergency. The logic of these decisions was based upon the fact that during all other times, the yards are unmanned leaving councils liable in the event of an accident. CGRC’s insurer has advised that with appropriate signage, security cameras and maintenance, liability would be minimal.
To ensure fairness for all Saleyard users a system that captures all users should be considered.
There is currently a prototype automatic gate and panel being developed by Avdata (private billing solutions), Local Land Services, Proway Livestock Equipment and Outcross Software Systems which allows Saleyard operators to capture users of the yards. A transport operator utilises this system with an Avdata key (an electronic device issued by transport operators which measures time spent at a truck wash, standpipe or other facility).
The prototype also includes a system where the transport operator enters via a keypad the details of the stock being dropped or collected i.e. the name of vendor, amount of livestock, National Vendor Declaration (NVD) number, transporters details and the like. This information is directly captured and sent onto the council and would then be used for billing users. To date there is no available costing for this prototype and no timeframe has been given as to when this prototype may become available.
If CGRC was to utilise the current Avdata system on a ramp at each saleyard, this would allow for the capture of time spent by the transport operator and appropriate Fees and Charges of $0.92 per minute for Avdata would be charged. This would cost CGRC approximately $15,000 per gate, installed.
If the Saleyards are locked after 4pm and reopened at 6am on weekdays and locked on weekends, staff could monitor the usage of the yards during CGRC hours and collect details for billing of transit stock.
If the yards were only monitored during Council hours and not locked after hours, users would be able to use the yards free of charge during that time. Staff are contactable in the event of an emergency or if operators are prepared to pay a call out fee to access the yards. Should it be requested, staff would attend to allow out of hour access to the yards.
Options
1. Avdata operated gates be installed on 1 ramp each at both Cootamundra and Gundagai Saleyards. Transporters billed via Avdata per minute – currently .92 per minute. Example being: Driver unloads 20 head and takes him 1 hour to get them off truck and into yards, this would cost $55.20. The driver picking up the stock also takes 1 hour to load the same 20 head and he gets charged $55.20, coming to a total of $110.40. The other benefit is this billing system is operated by Avdata and minimal Council administrative support would be required. If CGRC were charging the $7.00 per head, stock holding fee on the same scenario this would be $140.00, but CGRC would have to have all of the other infrastructure in place to capture total head of stock, and who gets the bill etc. Whereas the time used would be a fairer cost to the user of the yards, paid by both transporters and give CGRC an accurate record of the exact time they were there and how they used the ramp.
2. Lock Saleyards at 4pm on Monday to Fridays and opened again at 6am. Locked on weekends and left unlocked on Sale days and 2 days before and after sales and by appointment or Emergency use. Staff would be able to monitor yards during business hours and would attend call outs after yards were closed if deemed an emergency. This option would involve a greater administrative responsibility from staff, from recording the users, issuing invoices, and following up on debt recovery.
3. Wait and Install prototype panel estimated costs could be in excess of $25,000 per gate to capture all data, vendor, transporter, quantity, and hours of use.
|
27 July 2021 |
|
DOCUMENT NUMBER |
353286 |
||||
|
REPORTING OFFICER |
Ganesh Ganeshamoorthy, Manager Assets |
||||
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
||||
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RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
||||
|
FINANCIAL IMPLICATIONS |
There are no financial implications associated with this report. |
||||
|
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
||||
|
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
||||
|
1. Revised Plant Fund Long Term Financial Plan 19 Jul 21 ⇩ |
|
1. The Revised Plant Replacement Program Financials, attached to the report , be adopted. 2. A report be prepared regarding the Hiace Mini Bus detailing usage and income related performance and submitted for consideration by Council to the Ordinary Meeting to be held January, 2022. |
Introduction
At the Ordinary Meeting held 29th June, 2021 Council resolved (Min. no157/2021) that a further report containing an updated Plant Replacement Programmed Financial Information be prepared and submitted for the information of Council at the Ordinary Meeting to be held 27th July, 2021.
John Chapman (Interim Finance Manager) reviewed the Plant Replacement Programmed financial Information submitted to the June Meeting and the revised information is attached to the report for the consideration of Council. The Plant replacement programme presented last month remains unchanged.
The following points and, or actions are a result of the review undertaken on plant fund:
· Adjusted the reserve balance brought forward in 2020/21 – previously ($34,775), now $849,688 after I had reviewed the 2018/19 balance forward and 2020/21 transfers to and from
· Used actual 2020/21 operating income and expenditure figures as a basis , indexed annually by 1.5%
· Plant hire in 2021/22 reduced to 2019-2020 actuals (probably a bit conservative but assumes major capital road works undertaken in 2020/21 will not all carry forward)
· Reviewed and renamed the operating and income and expenditure categories
· Indexed the Capital Expense for Heavy & Light Plant purchases by 1.5%
Discussion
The ten year program clearly details the plant income levels needed if plant and vehicles are to be replaced during any particular financial year. This document will be reviewed regularly and updated if operating conditions identify any amendments required to the adopted program.
Significant improvement was noted in the annual plant income for the last three years which contributed to increase plant reserve during 2019/20 and in 2020/21.
|
Year |
2018/19 |
2019/20 |
2020/21 |
|
Plant Income |
$2.8M |
$3.4M |
$3.8M |
|
Increase |
- |
22% |
13% |
The Hiace Mini Bus (the bus) has been used sparingly with the maintenance and depreciation expenses opposed to the zero the income generated by its use. Such low usage could be attributed to restrictions imposed by the NSW government due to the COVID-19 pandemic.
The table below provides the income and expenditure for the last two years. Based on the historical use It is highly unlikely that the income generated by the bus will ever cover the costs associated with its operation, maintenance and depreciation.
|
Year |
2018/19 |
2019/20 |
|
Plant Income |
|
|
|
Expenditure |
$9,671 |
$10,088 |
|
Operating |
$3,266 |
$3,683 |
|
Depreciation |
$6,405 |
$6,405 |
|
27 July 2021 |
|
DOCUMENT NUMBER |
353287 |
|||||
|
REPORTING OFFICER |
Ganesh Ganeshamoorthy, Manager Assets |
|||||
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|||||
|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||||
|
FINANCIAL IMPLICATIONS |
$1Million to be allocated from the Water Reserve |
|||||
|
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||||
|
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||||
|
1. Dog on the Tucker Box Water Project Plans ⇩ |
|
1. The proposed water supply extension design proposed by Moloney & Sons Engineering from Spring Flat Drive to the Dog on the Tucker Box Tourist Precincts, attached to the report, be adopted. 2. $1Million be allocated through the water fund to complete the construction of the Water Supply Extension to Dog on the Tucker Box Tourist Precinct, Gundagai.
|
Introduction
Grant funding was allocated from the New Merger Implementation Fund to extend the water supply to the Dog on the Tucker Box Tourism Precinct in Gundagai. During investigations and the preliminary concept design stage a potable water supply to Coolac village in the future was considered important. The expanded scope of works required additional investigation and design so that any new infrastructure would be adequate to meet the current, and any potential future supply, requirements.
Discussion
Maloney & Sons Engineering was engaged to undertake the concept design of a potable water supply extension to Dog on the Tucker Box precinct and Coolac Village.
Due to the need of having a stable and effective water supply to the Dog on the Tucker Box and beyond, the original estimated costing of project has increased significantly from $600,000 to $1.6M due to the inclusion of an additional pumping station, an upgrade of the pipes for transmission mains, the need to do a detailed environmental assessment, preparation of a Review of Environmental Factors (REF) Due Diligence Report, a biodiversity assessment, and obtaining a License from Crown Lands to lay the pipe work.
At present the water supply extension design work for the Dog on the Tucker Box Tourist Precinct, draft REF and Due Diligence Assessment and Biodiversity Assessment Report have been completed.
Councillors should note that at the time of writing this report there is current balance of $1,717,732 in the water reserve.
|
27 July 2021 |
|
DOCUMENT NUMBER |
353327 |
|||
|
REPORTING OFFICER |
Ganesh Ganeshamoorthy, Manager Assets |
|||
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|||
|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
|
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
|
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
|
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||
|
1. Cardno - Nangus Water Supply Business Case - dated 17 June 2021 (under separate cover) ⇨ |
|
The Report for the Business Case for the Nangus Water Supply Project, attached to this report, be received and noted.
|
Introduction
Cardno was engaged by Goldenfields Water County Council to prepare a feasibility study on the proposed water supply to Nangus Village. The Feasibility Report was submitted for the consideration of Council at the Ordinary Council Meeting held 31st March, 2020 along with proceeding the project to Business Case stage and subsequently adopted (Min. no.105/2020). Subsequently Cardno was engaged to prepare a business case for this project so that Council could apply for funding for this project through NSW Government Safe and Secure Water Fund. The business case and associated report has been conducted and attached under separate cover.
Discussion
The Business Cases assessed the viability of the preferred option to supply potable water to Nangus Village. The preferred option involves a total of seventeen (17) kilometres of water pipeline, two (2) new reservoirs to provide adequate storage and upgrading work at the Marinna Water pumping station.
The updated cost estimate for the preferred option is $8,430,000 (inclusive of a 30% contingency amount). The economic appraisal of this project resulted in a net present value of negative $5,323,000 and a benefit to cost ratio of 0.16. Both results are well below the benchmark for an economically viable project. This project would not meet the eligibility of the NSW Government’s Safe and Secure Water funding program. As such, Council will need to investigate the potential of available grant funding suitable to fund this project. There are non-financial benefits that can be pursued with this project for community health and well-being, enabling growth within the region and meeting stakeholder expectations.
|
27 July 2021 |
|
DOCUMENT NUMBER |
353288 |
|||
|
REPORTING OFFICER |
Julie Buckley, Operations Support Officer |
|||
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|||
|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
|
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
|
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
|
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||
|
Nil |
|
The Civil Works and Technical Services Report for the month of July 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 July 2021 and is submitted for the information of Council and the community.
Discussion
Fixing Local Roads Projects:
Mackay Street, Cootamundra work is slowly progressing with wet weather hampering progress. Over the last month several sections of kerb have been replaced in the block between Onley and Poole Streets and new roll over kerb laid alongside the Cootamundra Country Club Oval between Poole and Hemet Crescent. Once the kerb is finished in this section, the pavement reconstruction can commence. Minor traffic diversions will need to be in place for the pavement reconstruction with motorists and residents to be advised.
The Old Gundagai Road project near Harris’s Lane, Cullinga, is progressing along also despite the wet conditions. Current works see the road base overlay being placed and compacted. New culverts were installed prior to the pavement works to allow better upstream water disbursement to the lower side of the road.
Works have commenced on the Old Hume Highway with gravel resheeting completed to the north of the Hillas Creek Bridge, Mundarlo. The remainder of works which will include sealing this section will resume in the warmer months.
Drought Relief Project:
Works within the third block of Sheridan Street, Gundagai are scheduled to commence this week. Works will include stormwater drainage, kerb and gutter replacement, concrete subgrade and paving. Council staff will be working with the appointed contractor to ensure minimal disruption to normal activities within the area.
Local Roads Community Infrastructure Program:
Work on the Rosehill Bridge, Cootamundra replacement is nearing completion. A concrete road deck has now been poured across the top of the box culverts with the road approaches expected to be backfilled and sealed by the end of July. Traffic is still being detoured around the site via a side-track.
Wallendbeen Railway Bridge:
Current works at Wallendbeen for the bridge replacement has seen the construction of a worksite to allow the assembly of the bridge components. Current advice still indicates the temporary bridge will be open in September, subject to weather conditions.
Timber Haulage Projects:
Work has been completed on Adjungbilly Road, Adjungbilly with tree clearing, drain cleaning and batter works undertaken in the Grahams Road Adjungbilly area. Stabilisation and pavement works will resume in springtime.
Stockinbingal Road Cootamundra:
A 600-meter section of Stockinbingal Road, Cootamundra has been rehabilitated in order to remediate the pavement and reduce the amount of patching works required. Council has negotiated with Transport for NSW for them to supply a patching crew to assist with maintaining the road, as a result of the additional maintenance works required on Stockinbingal Road, due to additional traffic as a result of the Wallendbeen Bridge detour. Funding for these works are expected to be sourced from Transport for NSW.
Works:
Maintenance grading is underway on Cooneys Creek Road, Jugiong, Old Hume Highway, Redhill Road Adjungbilly, Fairview Road, Tumorrama and Wee Jasper Road, Tumorrama. Crews will continue to work their way around the Local Government Area with roads prioritised according to condition. Edge repair works and table drain maintenance are being undertaken on Burra Road, Burra Creek.
Bitumen Shire Roads:
The current continual wet weather is causing a lot of bitumen surface deterioration and subsequent potholing of the pavement. Patching crews are endeavouring to keep up with these repairs as conditions permit.
|
27 July 2021 |
|
DOCUMENT NUMBER |
353091 |
|||
|
REPORTING OFFICER |
Matt Stubbs, Manager Technical Services |
|||
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|||
|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
|
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
|
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
|
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||
|
1. Department of Infrastructure, Transport, Regional Development and Communication Road Safety Program Guidelines Tranches (under separate cover) ⇨ 2. Muttama Road Safety Improvement Drawing Set (under separate cover) ⇨ |
|
1. The resubmission of the Muttama Road Safety Improvement Project for the 2022/23 Safer Roads Program be endorsed. 2. The nomination of the Nangus Road Safety Improvement Project for the 2022/23 Safer Roads Program be endorsed.
|
Introduction
Under the $110 billion Infrastructure Investment Program, the Australian Government is making funding available to retrofit lifesaving road safety upgrades and improvements to regional and urban roads where a greater than moderate risk of significant injury is present. The funding is available for proactive and reactive road safety treatments to prevent fatal and serious injury road crashes.
Included in the last Federal Budget announcement, there was a commitment to five six month tranches (instalments) as part of the Federal Road Safety Program. This would result in tranches 4 and 5 spanning the 2022/23 financial year. Based on the previous distribution, NSW is estimated to receive $200M across two tranches of the program.
Cootamundra-Gundagai Regional Council (CGRC) submitted a proposal for Muttama Road in the first tranche of the program but was not successful. Subsequent correspondence from Transport for New South Wales (TfNSW) has included a recommendation that this project be resubmitted for the currently advertised rounds.
Discussion
The TfNSW Centre for Road Safety provides crash statistics on their website that can be used to identify trends and highlight problem locations within the road network. When reviewing the CGRC Local Government Area it is evident that the roads with the most significant crash record are Muttama and Nangus Roads by quite a margin over all others (this is excluding roads not managed by CGRC). A broad overview of the crash data from the TfNSW website is shown in the below Figure 1 for reference.
Figure 1
In preparing a submission for this program, Council staff have considered the safety issues on the nominated roads and considered appropriate treatments on a network based approach that deals both reactively with previous crash locations and also proactively in identifying other concerns along the route that present safety risks. The proposals are subject to a benefit cost analysis by the TfNSW project team and thus treatments that provide a high benefit for relatively low cost are viewed favourably in the review process.
The issues present on the roads include:
- Narrow verges,
- Steep batter slopes,
- Traffic hazards (including fixed objects within the clear zone),
- Substandard curves,
- Alignment issues
It should also be noted that a number of crashes are single vehicles that leave the travel lane through a combination of fatigue, speed or distraction.
The treatment options that will be included in the proposals include:
- Audio Tactile Line Marking,
- Safety Barriers,
- Hazard removal,
- Signage,
- Shoulder widening,
- Shape Corrections
In applying these treatments, consideration is given to first eliminating the hazard and where this is not possible, attempting to seek a reduction in crash severity. A full drawing set of the proposed works for both Muttama and Nangus Roads is attached to this report, it should be noted that these plans are conceptual in nature and subject to change.
|
27 July 2021 |
|
DOCUMENT NUMBER |
352952 |
|||
|
REPORTING OFFICER |
Andrew Brock, Manager Facilities |
|||
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|||
|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
|
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
|
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||
|
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||
|
1. Proposed Masterplan Gundagai War Memorial Olympic Pool Complex by Halliday design - dated April 2021 ⇩ |
|
1. The Report on the Proposed Masterplan Gundagai War Memorial Olympic Pool Complex by Halliday design - dated April 2021 be Received. 2. The Proposed Masterplan Gundagai War Memorial Olympic Pool Complex by Halliday design - dated April 2021be placed on public exhibition for a period of 28 days inviting submission with a further report to be prepared for the consideration of Council at the end of the exhibition period.
|
Introduction
Halliday design was engaged to prepare a concept plan for the upgrade of the Gundagai War Memorial Olympic Pool Complex. The attached Proposed Masterplan Gundagai War Memorial Olympic Pool Complex by Halliday design - dated April 2021 was received and addresses the aging infrastructure, non-compliance with current standards, and upgrades to facilities which will meet the growing needs of the local sporting fraternity and attract visitors stop in the Gundagai region.
Discussion
The Gundagai War Memorial Olympic Pool is 60 years old and has been showing signs of significant deterioration particularly over the last few years. As a result of investigations into existing pipe work, structural concerns and the filtration systems, it was deemed prudent to consider developing a master plan to address these issues when funding became available. By already having a
The local swimming club has highlighted the growing increase in membership, as well as being invited to hold regional carnivals. Unfortunately, the current design does not meet competition standards and as a Gundagai is central location for the regional group, it would have a positive economic benefit to the township.
The existing filtration system does not meet the current swimming pool standards, as such, it is critical that this be addressed to ensure the health and safety of pool users. Furthermore, the complex will miss opportunities to host future regional competitions without the installation of a new filtration system.
The existing 3-meter diving board has been unusable for the past 2 swimming seasons and will need to be removed to allow pipe repairs to be undertaken before it can be used again. Consideration was given to incorporating a slide to replace the board and to enhance the use of the amenities for broader use and to be used as an attraction to both local and visiting users. The Carberry Park adventure playground is well used by locals and visitors alike and is an attraction to Gundagai as a tourist town. The upgrade to the pool and addition of the proposed slide would generate more use and interest in the pool complex during peak holiday seasons.
The inclusion of an access ramp in and out of the pool and by incorporating an adult change facility to the design, will ensure an all-inclusive use of the proposed upgrade of the facilities.
Currently, maintenance works are being undertaken to repair the ageing infrastructure, which is being funded through previous successful grant applications. This funding helps reduce operating costs while Council continues to seek major funding streams to fund a complete upgrade to the pool complex with the final plan endorsed by Council.
|
27 July 2021 |
|
DOCUMENT NUMBER |
353620 |
|||||
|
REPORTING OFFICER |
Andrew Brock, Manager Facilities |
|||||
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|||||
|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||||
|
FINANCIAL IMPLICATIONS |
The work detailed in this report is funded through the Facilities budget. |
|||||
|
LEGISLATIVE IMPLICATIONS |
There are no Legislative implications associated with this report. |
|||||
|
POLICY IMPLICATIONS |
There are no Policy implications associated with this report. |
|||||
|
Nil |
|
The Facilities Works Report for July be received and noted.
|
Introduction
The Gundagai Facilities and Parks and Gardens crew undertake regular and scheduled activities in addition to new projects. The Works Report for July 2021 contains information on the activities undertaken by the Gundagai Facilities and Parks and Gardens Team and has been prepared and submitted for the information of Council and the community.
Discussion
Plants for the new garden beds in the main street have been ordered and delivery is anticipated early to mid-August. Irrigation materials have been ordered and installation will be undertaken once delivered which is hoped mid to late July. The main street gardens have been weeded in preparation for pruning of liriope and fresh mulch laid. Tree Pruning on Otway Street and the Plane tree near Elder’s has been completed. The Carberry Park Rose Garden continues to be pruned as required and the main street banners have been changed.
Works undertaken on a Council residential property have been completed with a final clean completed in early July.
Friendship Park shelter and benches were installed mid July and the concreting of the footpath around the Mirrabooka Centre is nearing completion.
Maintenance of the Gundagai Landfill was undertaken by the Parks and Gardens crew. This included the cleaning up of items dumped incorrectly and the resurfacing of area around the pit. Items left at the Community Recycling Container Shed have been sorted into the appropriate receptacles.
The Long stay RV park on Pope Street received some general maintenance and tree pruning in preparation for an anticipated increase of activity in the coming warmer months. The short stay RV park on Middleton Drive received tree pruning and stump grinding.
Slashing was undertaken at Stoney’s boat ramp on Tumut Road, the Nangus Road boat ramp, the landfill entrance, and Pope Street mid July. Mowing of north and south entrances has been completed as weather permitted.
The central business district footpath continues to be cleaned 3 to 4 times per week as resourcing permits and the street sweeper attends on a weekly basis. Daily cleaning of public amenities and main street bin emptying continues.
A clean up at the Library was undertaken mid July. Line marking at the sporting precinct is attended to as required.
|
27 July 2021 |
|
DOCUMENT NUMBER |
353083 |
|||
|
REPORTING OFFICER |
Marianne McInerney, Executive Assistant to the General Manager |
|||
|
AUTHORISING OFFICER |
Phillip McMurray, General Manager |
|||
|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
|
FINANCIAL IMPLICATIONS |
There are no Financial implications associated with this report. |
|||
|
LEGISLATIVE IMPLICATIONS |
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. |
|||
|
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.
