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Business

Paper

 

Ordinary Council Meeting

 

Alby Schultz Meeting Centre, Cootamundra

 

6:00 PM, Tuesday 26th October, 2021

 

Administration Centres:  1300 459 689

 

 

 


Ordinary Council Meeting Agenda

26 October 2021

 

 

The Mayor & Councillors

Cootamundra-Gundagai Regional Council

PO Box 420

Cootamundra NSW 2590

NOTICE OF MEETING

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

Tuesday, 26th October, 2021 at 6:00 PM

The agenda for the meeting is enclosed.

Phillip McMurray

General Manager

 

Live Streaming of Meetings Statement

 

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. Please refrain from making any defamatory statements.

 


Ordinary Council Meeting Agenda

26 October 2021

 

AGENDA

Order Of Business

 

1          Acknowledgement of Country. 5

2          Open Forum.. 5

3          Apologies. 5

4          Disclosures of Interest. 5

5          Confirmation of Minutes. 6

5.1            Minutes of the Ordinary Meeting of Council held on Tuesday 28 September 2021. 6

6          Mayoral Minutes. 24

6.1            Mayoral Minute - Councillor Engagement September to October 2021. 24

7          Reports from Committees. 26

8          General Manager’s Report. 26

8.1            Business. 27

8.1.1        Delegations to the General Manager During Post Election Recess Period. 27

8.1.2        Southern Cross Gliding Club Summer Camp 2021/22. 29

8.1.3        Tabling of Pecuniary Interest Returns. 78

8.1.4        The Arts Centre Cootamundra s.355 Committee Meeting Minutes. 80

8.1.5        Stockinbingal Ellwood's Hall s.355 Committee Meeting Minutes. 89

8.1.6        Muttama Hall Management s.355 Committee Meeting Minutes. 93

8.1.7        Muttama Creek Regeneration Group s.355 Committee Meeting Minutes. 102

8.1.8        Information Bulletin - October 2021. 104

8.1.9        Updated Council Meeting Action Report 130

8.2            Finance. 131

8.2.1        Request to Waive Rates on Lot 586 DP 726192 Middleton Drive Gundagai 131

8.2.2        Investment Report - September 2021. 137

8.2.3        Monthly Finance Report for September, 2021. 140

8.3            Community and Culture. 145

8.3.1        Riverina Regional Library Interim Report 145

8.3.2        Cootamundra-Gundagai Agritourism Development Strategy Adoption. 171

8.3.3        Historic Gundagai River Crossing Town Project 196

8.3.4        Gundagai Tourism Action Group Advisory Committee - Meeting Held 11th October, 2021. 198

8.3.5        Cootamundra Tourism Action Group Advisory Committee - Meeting Held 7th October, 2021. 202

8.4            Development, Building and Compliance. 208

8.4.1        DA2021/138 New Shed - 6 Cooper Street Cootamundra. 208

8.4.2        DA2021/1133 - Proposed Shed - 153 Hurley Street Cootamundra. 240

8.4.3        DA Modification - Mod2021/98.2 - 2-4 Cooper Street Cootamundra. 274

8.4.4        Development Applications September 2021. 318

8.5            Regulatory Services. 320

8.5.1        Regulatory Report September 2021. 320

8.6            Assets. 323

8.6.1        Integrated Water Cycle Management and Best Practice Guidelines. 323

8.6.2        Business Case for Stockinbingal Sewerage Project 377

8.7            Civil Works. 378

8.7.1        Civil Works and Technical Services Report - October 2021. 378

8.8            Technical Services. 380

8.9            Facilities. 380

8.10          Waste, Parks and Recreation. 381

8.10.1     MacKay Park Rest Area Wallendbeen Landscape Master Plan. 381

9          Motion of which Notice has been Given. 384

10       Questions with Notice. 385

10.1          Questions With Notice - October, 2021. 385

11       Confidential Items. 388

11.1          Close Council Report 388

11.2          Tender - Gundagai Preschool and Kindergarten Construction - RFT2021/27. 388

11.3          Tender - CGRC with Yass Valley Council - Replacement of Timber Road Bridges - Design and Construction of Six (6) Concrete Bridges - RFT2021/31. 389

11.4          Tender - Replacement of Timber Road Bridges - Design and Construction of Five (5) Concrete Bridges - RFT2021/31. 389

11.5          South West Fuels Electricity Provision Financial Considerations. 389

11.6          Resumption of Open Council Meeting. 389

11.7          Announcement of Closed Council Resolutions. 389

 


1            Acknowledgement of Country

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

ADJOURN MEETING FOR OPEN FORUM

2            Open Forum

RESUME OPEN MEETING

3            Apologies

4            Disclosures of Interest


Ordinary Council Meeting Agenda

26 October 2021

 

5            Confirmation of Minutes

5.1         Minutes of the Ordinary Meeting of Council held on Tuesday 28 September 2021

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Minutes of the Ordinary Meeting of Council held on Tuesday 28 September 2021 

    

 

Recommendation

The Minutes of the Ordinary Meeting of Council held on Tuesday 28 September 2021 be confirmed as a true and correct record of the meeting.

 

 

 

 


 

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Minutes

Ordinary Council Meeting

 

Council Chambers, Gundagai

 

6:00 PM, Tuesday 28th September, 2021

 

Administration Centres:  1300 459 689

 

 


Ordinary Council Meeting Agenda

26 October 2021

 

MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council Meeting
HELD AT THE
Council Chambers, Gundagai
ON
Tuesday, 28 September 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 Doug Phillips, Cr Charlie Sheahan

 

IN ATTENDANCE:     Phillip McMurray (General Manager), Ganesh Ganeshamoorthy (Manager Assets), Mark Ellis (Manager Civil Works), Miriam Crane (Manager of Community and Culture), Sally Atkinson (Acting Manager Development, Building and Compliance), Andrew Brock (Manager Facilities), John Chapman (Interim Manager Finance), Glen McAtear (Manager Regulatory Services), Wayne Bennett (Manager Waste, Parks & Recreation Services)

 

1            Acknowledgement of Country

The Chairperson acknowledged the Wiradjuri people who are the Traditional Custodians of the Land at which the meeting was held and paid his respects to Elders, both past and present, of the Wiradjuri Nation and extended that respect to other Aboriginal people who were present.

 

ADJOURN MEETING FOR OPEN FORUM

 

2            Open Forum

There were no speakers or registered submissions received by Council.

 

RESUME OPEN MEETING

 

3            Apologies

Nil

 

4            Disclosures of Interest

Cr David Graham disclosed a pecuniary interest in item 8.1.4 Cootamundra-Gundagai Regional Council and CWP Renewables Voluntary  Planning Agreement.


 

 

Resolution  256/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Gil Kelly

1.              Item 8.1.1 Election of the Mayor 28th September – 3rd December, 2021 be moved for the consideration of Council prior to item 5.1 – Minutes of the Ordinary Meeting – Proposed Infrastructure Community Reforms.

2.              Item 8.1.2 Election of the Deputy Mayor 28th September – 3rd December, 2021 should Council have resolved to elect a deputy mayor in 1 above.

Carried

 

 

8.1.1      Election of the  Mayor 28th September - 3rd December, 2021

Resolution  257/2021  

Moved:       Cr Gil Kelly

Seconded:   Cr Charlie Sheahan

1.              The election of the Mayor for the 28th September - 3rd December, 2021 term proceed.

2.              As only one nomination was received Cr Abb McAlister was re-elected as Mayor unopposed.

3.       Council elect a Deputy Mayor.

Carried

 

 

8.1.2      Election of the Deputy Mayor 28th September - 3rd December, 2021

Resolution  258/2021  

Moved:       Cr Gil Kelly

Seconded:   Cr Doug Phillips

1.      Subject to Council resolving to elect a Deputy Mayor (previous Item on the agenda) the election of the Deputy Mayor for the 28th September - 3rd December, 2021 term proceed.

2.       As only one nomination was received Cr Dennis Palmer was re-elected as Deputy Mayor unopposed.

Carried

 

5            Confirmation of Minutes

5.1         Minutes of the Ordinary Meeting of Council held on Tuesday 31 August 2021

Resolution  259/2021  

Moved:       Cr David Graham

Seconded:   Cr Doug Phillips

The Minutes of the Ordinary Meeting of Council held on Tuesday 31 August 2021 be confirmed as a true and correct record of the meeting.

Carried

 

6            Mayoral Minutes

6.1         Mayoral Minute - Proposed Infrastructure Contribution Reforms

Resolution  260/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr Dennis Palmer

1.       Council call on the NSW Government to Withdraw the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 (the Bill) from the NSW Parliament.

2.       Council call on the NSW Government to undertake further consultation with the local government sector on any proposed reforms to the infrastructure contributions system.

3.       Council call on the NSW Government to de-couple the Independent Pricing and Regulatory Tribunal led review of the rate peg to include population growth from the infrastructure contributions reforms.

4.       Council write to the local State Members, the Premier the Hon. Gladys Berejiklian MP, Treasurer the Hon. Dominic Perrottet MP, Minister for Planning and Public Spaces the Hon. Rob Stokes MP and Minister for Local Government the Hon. Shelley Hancock MP seeking them to withdraw the Bill.

5.       Council write to the Shadow Treasurer the Hon. Daniel Mookhey MLC, Shadow Minister for Planning and Public Spaces Mr Paul Scully MP, Shadow Minister for Local Government Mr Greg Warren MP, The Greens Mr David Shoebridge MLC, Shooters, Fishers and Farmers Party the Hon. Robert Borsak MLC, Pauline Hanson’s One Nation the Hon. Mark Latham MLC, Animal Justice Party the Hon. Emma Hurst MLC, Christian Democratic Party (Fred Nile Group) the Hon. Fred Nile MLC, Independent Mr Justin Field, Portfolio Committee Chair The Greens Ms. Cate Faehmann, Portfolio Committee Deputy Chair Animal Justice Party the Hon Mark Pearson MLC and Committee members Liberal Party the Hon Catherine Cusack MLC and the Hon Shayne Mallard MLC, The Nationals the Hon Ben Franklin MLC and Australian Labor Party the Hon Rose Jackson MLC and the Hon Adam Searle MLC seeking their support in securing the withdrawal of the Bill from the NSW Parliament and outlining council’s concerns with the Bill.

6.       Council alert the local media to the threat of future ratepayer funds being expended rather than developer levies for new infrastructure brought about by increased development under the proposed legislation and shares and promotes these messages via its digital and social media channels and via its networks.

7.       Council affirms its support to LGNSW and requests LGNSW continue advocating on our behalf to protect local government from any amendments to infrastructure contributions which leaves councils and communities exposed to expending ratepayer funds on new infrastructure made necessary by new development, currently the responsibility of developers.

Carried

 

 

6.2         Mayoral Minute - Councillor Engagement

Resolution  261/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Doug Phillips

The information in the Mayoral Minute be received and noted.

Carried

 

7            Reports from Committees

Nil

 

8            General Manager’s Report

8.1         Business

 

8.1.3      Local Government NSW Annual Conference 2021

Resolution  262/2021  

Moved:       Cr Gil Kelly

Seconded:   Cr Doug Phillips

1.       The Mayor and Deputy Mayor be nominated as voting delegates for the Annual Conference.

2.       The Mayor and Deputy Mayor be nominated as the Voting Delegates – Board Nomination.

3.       LGNSW be advised of the voting delegates before 5pm Tuesday, 5th October, 2021.

4.       The Mayor, Deputy Mayor and General Manager be registered to attend both components for the Local Government NSW Annual Conference 2021.

5.       The Rural Medical Workforce – Recruitment and Retention of Doctors, attached to the report, be submitted as a Motion for the Local Government NSW Annual Conference 2021.

6.       The board nominations and agenda are discussed at a workshop with all councillors.

 Carried

 

 

8.1.4      Cootamundra-Gundagai Regional Council and CWP Renewables Voluntary Planning Agreement

Note: Cr Graham, having disclosed a pecuniary interest in this item left the meeting.

Resolution  263/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr Dennis Palmer

1.       The Voluntary Planning Agreement and Explanatory Note between Cootamundra-Gundagai Regional Council and CWP Renewables be placed on public exhibition for a period of not less than twenty eight (28) days seeking submissions from all interested parties be endorsed.

2.       The General Manager and Mayor be authorised to sign the Voluntary Planning Agreement between Cootamundra-Gundagai Regional Council and CWP Renewables on the provision that no objections are received at the end of the 28 day exhibition period.

Carried

 

8.1.5      Draft Communication and Engagement Strategy

Resolution  264/2021  

Moved:       Cr Doug Phillips

Seconded:   Cr Penny Nicholson

The draft Communication and Engagement Strategy, attached to the report, be endorsed.

Carried

 

8.1.6      Draft Community Engagement Strategy for the Community Strategic Plan 2022-2033

Resolution  265/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Gil Kelly

The draft Community Engagement Strategy for the Community Strategic Plan 2022-2032, attached to the report, be endorsed.

Carried

 

8.1.7      RV Friendly Sites

Resolution  266/2021  

Moved:       Cr Penny Nicholson

Seconded:   Cr Dennis Palmer

The report on RV Friendly Sites, be received and noted.

Carried

 

 

 

8.1.8      Australia Day 2022

Resolution  267/2021  

Moved:       Cr David Graham

Seconded:   Cr Dennis Palmer

The information on Australia Day Awards, 2022 be received and noted.

Carried

 

 

 

8.1.9      Cootamundra and Gundagai Tourism s.355 Committees

Resolution  268/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr Penny Nicholson

1.  The Tourism Action Committee (Gundagai) and Cootamundra Tourism Action Group, be dissolved as a section 355 Committee, for reasons detailed in the report.

2.  The Tourism Action Committee (Gundagai) and Cootamundra Tourism Action Group, be endorsed, as advisory committees of Council.

Carried

 

 

 

8.1.10    Cootamundra Tourism Action Group s.355 Committee Meeting Minutes

Resolution  269/2021  

Moved:       Cr David Graham

Seconded:   Cr Charlie Sheahan

1.       The Minutes of the Cootamundra Tourism Action Group s.355 Committee ordinary meeting held on 2nd September 2021, attached to the report, be received and noted.

2.       Council to note the motion of thanks, included in the report and detailed in the ordinary meeting minutes.

Carried

 


 

 

8.1.11    Refugee Welcome Zone

Resolution  270/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr Leigh Bowden

1.      Cootamundra-Gundagai Regional Council be endorsed by the current Council as a Refugee Welcome Zone.

2.      Cr Abb McAlister (mayor) sign a Refugee Welcome Zone declaration as a recommitment to the Refugee Council of Australia.

3.      A copy of the newly signed Declaration be displayed in each of Council’s Administration Centres and placed on Council’s website.

Carried

 

 

 

8.1.12    Updated Council Meeting Action Report

Resolution  271/2021  

Moved:       Cr Doug Phillips

Seconded:   Cr Gil Kelly

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

Carried

 

 

 

8.1.13    Information Bulletin - September 2021

Resolution  272/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr David Graham

The Information Bulletin – August and September, 2021, and attached correspondence, be received and noted.

Carried

 

 

8.2         Finance

8.2.1      Corporate Credit Card Use and Management

Resolution  273/2021  

Moved:       Cr Penny Nicholson

Seconded:   Cr Leigh Bowden

1.   The Office of Local Government Guidelines on the Use and Management of Credit Cards, attached to the report, be endorsed, as a supplement guideline to Councils existing Corporate Credit Card Policy.

2.   Council officers develop an overarching framework for the management and use of corporate credit cards, to align with the provisions of the Office of Local Government Guidelines on the Use and Management of Credit Cards.

3.   A subsequent report be provided to Council for consideration, once the Corporate Credit Card Use and Management Framework has been developed.

Carried

 

 

8.2.2      Investment Report - August 2021

Resolution  274/2021  

Moved:       Cr Doug Phillips

Seconded:   Cr David Graham

The Investment Report for August, 2021 be received and noted.

Carried

 

 

8.2.3      Monthly Finance Report for August, 2021

Resolution  275/2021  

Moved:       Cr Penny Nicholson

Seconded:   Cr David Graham

The Finance Report for August, 2021, and attached reports, be received and noted.

Carried

 


 

8.3         Community and Culture

8.3.1      Gundagai Tourism Action Group s355 Committee Meeting - 6th September, 2021

Resolution  276/2021  

Moved:       Cr David Graham

Seconded:   Cr Penny Nicholson

The Minutes of the Gundagai Tourism Action Group s.355 Committee meeting held on 6th September, 2021 attached to the report, be received and noted.

Carried

 

8.3.2      Old Gundagai Murrumbidgee River Access Project

Resolution  277/2021  

Moved:       Cr Leigh Bowden

Seconded:   Cr David Graham

Council endorse the Bushfire Black Summer Recovery Grant for $1,055,000 for the Old Gundagai Murrumbidgee River Access Project.

Carried

 

8.3.3      Cootamundra-Gundagai Youth Program Funding

Resolution  278/2021  

Moved:       Cr Penny Nicholson

Seconded:   Cr Leigh Bowden

1.         Council endorse the Youth Opportunities Grant application for $50,000 for the Cootamundra-Gundagai Youth Program.

2.       Council endorse the Black Summer Bushfire Recovery Grant Program application for $150,000 for the Cootamundra-Gundagai Youth Officer.

Carried

 

8.4         Development, Building and Compliance

8.4.1      Development Applications August 2021

Resolution  279/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr Dennis Palmer

 The information on Development Applications approved in August, 2021 be received and noted

Carried

8.5         Regulatory Services

8.5.1      Regulatory Report August 2021

Resolution  280/2021  

Moved:       Cr David Graham

Seconded:   Cr Dennis Palmer

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

Carried

8.6         Assets

8.6.1      Construction of Gundagai Sewage Treatment Plant Report

Note: It was noted on page 282 of the Agenda that the Safe and Secure Water Program amount of $10.5Million should be $10Million.

Resolution  281/2021  

Moved:       Cr David Graham

Seconded:   Cr Penny Nicholson

The Progress Report on the Construction of Gundagai Sewage Treatment Plant be received and noted.

Carried

 

8.6.2      Irrigation Using Recycled Water at Cootamundra

Resolution  282/2021  

Moved:       Cr Gil Kelly

Seconded:   Cr Charlie Sheahan

1.       The Report for Irrigation Using Recycled Water at Cootamundra be deferred for further information and detailed cost analysis to come back to Council.

2.       Representations be made to Member for Cootamundra, Steph Cooke, MP regarding this matter. 

Carried

8.7         Civil Works

8.7.1      Civil Works and Technical Services Report - September 2021

Resolution  283/2021  

Moved:       Cr Gil Kelly

Seconded:   Cr Charlie Sheahan

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

Carried

8.8         Technical Services

8.8.1      LG Grants Commission Special Submission

Resolution  284/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr David Graham

The Special Submission attached to this report be submitted to the Local Government Grants Commission on behalf of Cootamundra Gundagai Regional Council.

Carried

 

 

8.8.2      Softwoods Working Group - Growing Local Economies Funding Support

Resolution  285/2021  

Moved:       Cr David Graham

Seconded:   Cr Penny Nicholson

1.       The payment of $5,454.55 (Ex GST) to Softwoods Working Group for their work in securing funding for timber haulage upgrades be endorsed.

2.       Softwoods Working Group be congratulated for their strong advocacy and evidence preparation work for the Growing Local Economies Funding and for the successful application that will benefit the softwoods industry and the local communities.

3.       Cootamundra-Gundagai Regional Council’s position that the three Councils will continue to work with the Softwoods Working Group to develop partnerships for works on roads to benefit the softwoods industry on the basis of upfront agreed contributions be confirmed.

4.   A Recommendation be put forward to the Next SWG meeting to review council contributions.

 Carried

 

8.9         Facilities

8.9.1      Facilities Works Report September 2021

Resolution  286/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Charlie Sheahan

The Facilities Works report for September, 2021 be received and noted.

Carried

 

 

8.9.2      Gundagai Memorial Swimming Pool Master Plan

Resolution  287/2021  

Moved:       Cr Doug Phillips

Seconded:   Cr Penny Nicholson

1.         The submission for the proposed Gundagai War Memorial Olympic Pool Masterplan be received and noted.

2.         Use of the Proposed Gundagai War Memorial Olympic Pool Complex Masterplan by Halliday design - dated April, 2021 be endorsed for use in future funding opportunities.

Carried

 

8.10       Waste, Parks and Recreation

8.10.1    Domestic Rural Waste Initiative

Resolution  288/2021  

Moved:       Cr Dennis Palmer

Seconded:   Cr Leigh Bowden

The following Domestic Rural Waste Initiatives be adopted:

·    Council to issue on application 1 x 240Lt bin per residential rural property (black bin with red lid) free of charge.

·    Single rateable properties with more than one house would have to pay for an additional annual Waste service of $69.68.

·    The Domestic Rural Waste Initiative be funded from the waste reserves.

·    All Domestic Rural Waste Management bins be issued on receipt of a formal application with Council, whereby all property details are recorded into Council’s domestic waste management system.

·    Each liveable rural property is limited to one service only.

·    Each bin issued is to bear Council branding and branded Domestic Rural Waste Management. The bins remain the property of Cootamundra-Gundagai Regional Council.

·    Unlimited visits to Cootamundra-Gundagai Regional Council landfill sites.

·    No disposal fee on the approved Domestic Rural Waste Management bin disposed at a Cootamundra-Gundagai Regional Council Landfill site.

·    Any unbranded bin will not be accepted at a Cootamundra-Gundagai Regional Council Landfill as part of this initiative.

·   The Domestic Rural Waste Initiative be promoted through Council’s usual mediums detailing the initiative as an improved waste management strategy throughout the local government area.

Carried

 

9            Motion of which Notice has been Given

Nil

10          Questions with Notice

Nil

11          Confidential Items  

11.1       Closed Council Report

Resolution  289/2021  

Moved:       Cr Charlie Sheahan

Seconded:   Cr Dennis Palmer

1.       Items 11.2 and 11.3 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 Items 11.2 and 11.3 be withheld from the press and public.

11.2       RFQ2021/29 - Water Main Replacement - Mackay Street Cootamundra

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.

11.3       South West Fuels Electricity Provision Financial Considerations

Provisions for Confidentiality

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

Public Interest

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

 

Carried

 

 

11.2       RFQ2021/29 - Water Main Replacement - Mackay Street Cootamundra

Resolution  290/2021  

Moved:       Cr Gil Kelly

Seconded:   Cr Charlie Sheahan

1.       The for the Water Main Replacement at Mackay Street Cootamundra submitted by Killard Infrastructure Pty Ltd for $177,039 (ex GST) in accordance with the details contained in the report be accepted.

2.       Council enter into a contract with Killard Infrastructure Pty Ltd to undertake the Water Main Replacement at Mackay Street Cootamundra.

Carried

 

11.3       South West Fuels Electricity Provision Financial Considerations

Resolution  291/2021  

Moved:       Cr Gil Kelly

Seconded:   Cr David Graham

Council defer the report for further consideration at the Ordinary Meeting to be held 26th October 2021.

 

Carried

 

 

11.4       Resumption of Open Council Meeting

Resolution  292/2021  

Moved:       Cr David Graham

Seconded:   Cr Doug Phillips

The Open Council meeting resume.

Carried

11.5       Announcement of Closed Council Resolutions

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

 

The Meeting closed at 8:50 PM.

 

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 26 October 2021.

 

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

CHAIRPERSON                                                                                                      GENERAL MANAGER


 

6            Mayoral Minutes

6.1         Mayoral Minute - Councillor Engagement September to October 2021

DOCUMENT NUMBER

358918

AUTHORISING OFFICER

Phillip McMurray, General Manager  

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

ATTACHMENTS

Nil 

 

So as to keep Councillors and the community aware of my engagements on behalf of Council I intend to provide regular updates through my Mayoral Minutes.

 

Recommendation

The information in the Mayoral Minute be received and noted.

 

22nd September, 2021

Member for Cootamundra, Steph Cooke, MP and I held a radio interview regarding the Prince Alfred Bridge, Gundagai.

23rd September, 2021

I attended a Riverina Joint Organisation Telstra Connectivity Session.

Cr Bowden attended an Ellwood’s Hall s355 Committee Meeting.

24th September, 2021

Crs Graham and Sheahan met with Gundagai stock and station agents.

28th September, 2021

Cr Sheahan attended an Adina Care Board meeting.

Cr Palmer (Deputy Mayor), Crs Bowden, Graham, Kelly, Nicholson, Phillips, Sheahan and I attended a site inspection of the Gundagai Sewage Treatment Plant.

Cr Palmer (Deputy Mayor), Cr’s Bowden, Graham, Kelly, Nicholson, Phillips, Sheahan and I attended a Councillor Workshop.

30th September, 2021

I was a panellist on a COVID-19 webinar through the University of Newcastle.

5th October, 2021

Cr Bowden received an update of the Riverina Regional Library by the General Manager.

I attended a Prince Alfred Bridge Update meeting with representatives from Department of Crown Lands.

8th October, 2021

I attended a meeting regarding the Mt Burra Access Road.

7th October, 2021

Cr Kelly attended NSW Rural Fire Service South West Slopes Zone Liaison Committee Meeting.

Cr Bowden attended a Cootamundra Tourism Action Group meeting.

11th October

Cr Sheahan attended a Muttama Creek regeneration Group meeting.

Cr Nicholson and I attended a Gundagai Tourism Action Group Advisory Committee meeting

12th October, 2021

I attended a Riverina Joint Organisation working party meeting.

Cr Palmer (Deputy Mayor), Crs Bowden, Graham, Kelly, Nicholson, Phillips, Sheahan and I attended a Councillor Workshop.

14th October, 2021

I attended a Riverina Local Land Services Board meeting via Teams.

Cr Nicholson and I attended a Nangus Water Committee Meeting.

15th October, 2021

I attended a Riverina Eastern Regional Organisation of Councils Executive Meeting.

 

7            Reports from Committees

Nil


 

8            General Manager’s Report

8.1        Business

8.1.1      Delegations to the General Manager During Post Election Recess Period

DOCUMENT NUMBER

358605

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

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

 

FINANCIAL IMPLICATIONS

There are no financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

To ensure that Council’s General Manager has sufficient delegations to carry out the business of Council during the post-election council recess.

POLICY IMPLICATIONS

Delegations of General Manager

ATTACHMENTS

Nil 

 

Recommendation

The Report on the Delegations to the General Manager During Post Election Recess Period be received and noted.

 

Introduction

In view of the council elections being conducted on 4th December, 2021 there will be an extended period of time from that date until newly elected councillors undertake the oath or affirmation at the first council meeting scheduled to be held 10th January, 2022, at which the mayor is to be elected.

Accordingly, it is appropriate to review the delegations of the general manager to ensure that the business of Council can continue to be conducted during that period. The General Manager’s delegation provides the authority to the person in that position, or the person who acts in that position, all functions other than those prescribed in section 377(1) of the Local Government Act, 1993 with the following limitations:

1.   The general manager is entitled to carry out any functions delegated to the council by the departmental chief executive or the minister, subject to any express limitations imposed by the departmental chief executive of minister;

2.   The delegation to the general manager is limited in accordance with council’s adopted policies in force from time to time, and must be performed in accordance with such policies;

3.   The delegated power, authority, duty or function being performed in accordance with the Law.

It is considered that the delegations currently provided to the general manager are sufficient to facilitate the functioning of council throughout that period.  


Ordinary Council Meeting Agenda

26 October 2021

 

8.1.2      Southern Cross Gliding Club Summer Camp 2021/22

DOCUMENT NUMBER

358828

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

2.1 The local economy is strong and diverse

 

FINANCIAL IMPLICATIONS

Determination of an Aerodrome User Fee

LEGISLATIVE IMPLICATIONS

Compliance with Section 610F the Local Government Act, 1993.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Aerodrome event application 2021-22

2.       Souther Cross Gliding Club COVID-19 Operations Manual

3.       Southern Cross Gliding Club Emergency Response Plan

4.       Southern Cross Gliding Club Safety Plan Dec-2018

5.       Southern Cross Gliding Club Risk Assessment Dec-2018.pdf    

 

Recommendation

1.       Council determine an appropriate fee for hire of the Cootamundra Aerodrome by the Southern Cross Gliding Club for their annual Summer Camp program.

i.    In accordance with section 610F of the Local Government Act, 1993 the fee for hire of the Cootamundra Aerodrome by the Southern Cross Gliding Club Summer Camp be placed on public exhibition for a period of twenty eight (28) as a permanent fee.

ii.   Following the exhibition period further report be prepared and submitted to Council containing any submissions received at the end of the twenty eight day exhibition period.

iii.  The new fee be adopted pending no submissions be received at the end of the twenty eight day exhibition period.

 

 

Introduction

A Southern Cross Gliders Club Summer Camp program has become an annual event in Cootamundra after the success of its first visit to Cootamundra in 2012.  The Summer Camp can last for approximately two (2) weeks and delivers significant economic benefit to businesses in Cootamundra.

Discussion

There is no fee specified in the Fees and Charges for this annual event. The grass air strip is used for the take-off and landing of the gliders. Access to the terminal is provided for the administration aspect of the event, however, its use is minimal.

The Aerodrome Users Group Advisory Committee is still investigating appropriate fees for use of the aerodrome and its facilities. Page sixteen (16) of the 2021/22 Fees and Charges has a Terminal Hire fee of $500 per day (Inc. GST).  There is no provision for grass air strip hire, only for runway hire fee of $2200 per day (inc. GST).

As the Gliding Club annual summer camp has a major economic benefit to the township it is proposed that the Gliding Club be charged $500 for its use of the aerodrome (grass air strip and terminal facility) and that the fee be set permanently in the annual Fees and Charges from the 2022/23 financial year. To comply with section 410D of the Local Government Act, 1993 the fee must be placed on public exhibition for a period of twenty-eight (28) days inviting submission from any interested persons. 

 

The Gliding Club has submitted all the forms required for the event.

 


Ordinary Council Meeting Agenda

26 October 2021

 

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8.1.3      Tabling of Pecuniary Interest Returns

DOCUMENT NUMBER

358902

REPORTING OFFICER

Teresa Breslin, Governance Officer

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

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

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

In accordance with Section 449 Local Government Act, 1993.

POLICY IMPLICATIONS

To comply with the Code of Conduct.

ATTACHMENTS

Nil  

 

Recommendation

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

 

Introduction

The Code of Conduct specifies that Councillors and designated persons must make and lodge with the general manager a return, disclosing the designated person’s or Councillors interests within 3 months after:

(a) becoming a designated person or Councillor, and

(b) 30 June of each year, and

(c) the designated person or Councillor becoming aware of an interest they are required to disclose under schedule 1 that has not been previously disclosed in a return lodged under paragraphs (a) or (b).

 

Returns required to be lodged with the general manager under (a) and (b) must be tabled at the first meeting of the council after the last day the return is required to be lodged.

 

Returns required to be lodged with the general manager under clause (c) must be tabled at the next council meeting after the return is lodged.

Discussion

Annual pecuniary interest returns from Councillors and designated persons for the period 1 July 2020 to 30 June 2021 are tabled.

Register of Annual Pecuniary Interest Returns disclosed, is tabled below:

Designated person

Position

Latest return on file

Abb McAlister

Mayor

Annual - 2020/2021

Dennis Palmer

Deputy Mayor

Annual - 2020/2021

Doug Phillips

Councillor

Annual - 2020/2021

Craig Stewart

Councillor

Annual - 2020/2021

Charlie Sheahan

Councillor

Annual - 2020/2021

Gil Kelly

Councillor

Annual - 2020/2021

David Graham

Councillor

Annual - 2020/2021

Penny Nicholson

Councillor

Annual - 2020/2021

Leigh Bowden

Councillor

Annual - 2020/2021

Phillip McMurray

General Manager

Annual - 2020/2021

Mark Ellis

Manager Civil Works

Annual - 2020/2021

Miriam Crane

Manager Community and Culture

Annual - 2020/2021

Glen McAtear

Manager Regulatory Services

Annual - 2020/2021

Sharon Langman

Manager Development, Building and Compliance

Annual - 2020/2021

Linda Wiles

Coordinator Business

Annual - 2020/2021

Matt Stubbs

Manager Technical Services

Annual - 2020/2021

Ganesh Ganeshamoorthy

Manager Assets

Annual - 2020/2021

Wayne Bennett

Manager Waste, Facilities and Recreation Services

Annual - 2020/2021

Andrew Brock

Manager Facilities

Annual - 2020/2021

Nicole Godber

Ranger/ Regulatory Officer

Annual - 2020/2021

Bruce Webb

Ranger/ Regulatory Officer

Annual - 2020/2021

Nathan Campbell

Ranger

Annual - 2020/2021

Andrew Wiegold

Ranger

Annual - 2020/2021

Luke Izzard

Environmental Health and Building Surveyor

Annual - 2020/2021

Sally Atkinson

Environmental Health Officer

Annual - 2020/2021

Craig Perrin

Town Planner

Annual - 2020/2021

Laura Schweiger

Town Planner (PPT)

Annual - 2020/2021

Catherine Smith

Procurement Officer

Annual - 2020/2021

Sally Atkinson

Environmental Health Officer

Annual - 2020/2021

 

The code of conduct specifies that a person need not make and lodge a return if they made and lodged a return in the preceding 3 months, or if they have ceased to be a designated person in the preceding 3 months.

John Chapman (Acting Manager Finance and Customer Service) had submitted a new designated person return at the end of June 2021, and therefore is not required to submit an annual return.  


Ordinary Council Meeting Agenda

26 October 2021

 

8.1.4      The Arts Centre Cootamundra s.355 Committee Meeting Minutes

DOCUMENT NUMBER

357761

REPORTING OFFICER

Teresa Breslin, Governance Officer

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

4.2 Active participation and engagement in local decision-making

 

FINANCIAL IMPLICATIONS

There are no financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no legislative implications associated with this report.

POLICY IMPLICATIONS

To comply with the Section 355 Committee Management Manual.

ATTACHMENTS

1.       TACC Meeting Minutes 16/9/2021    

 

Recommendation

The Minutes of The Arts Centre Cootamundra s.355 Committee Ordinary Meeting held on 16th  September, 2021 attached to the report, be received and noted.

 

Introduction

The attached Minutes of The Art Centre Cootamundra s.355 Committee Ordinary Meeting held on 16th September, 2021, are submitted for the information of Council and the community.

 


Ordinary Council Meeting Agenda

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

DOCUMENT NUMBER

358106

REPORTING OFFICER

Teresa Breslin, Governance Officer

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

4.2 Active participation and engagement in local decision-making

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

To comply with the s.355 Committee Management Manual.

ATTACHMENTS

1.       Ellwood's Hall s.355 Committee Meeting Minutes 23/09/2021    

 

Recommendation

The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting held on 23 September 2021, attached to the report, be received and noted.

 

Discussion

The attached Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting and Annual General Meeting held on 23rd September 2021, are submitted for the information of Council and the community.

 


Ordinary Council Meeting Agenda

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8.1.6      Muttama Hall Management s.355 Committee Meeting Minutes

DOCUMENT NUMBER

358881

REPORTING OFFICER

Teresa Breslin, Governance Officer

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

4.2 Active participation and engagement in local decision-making

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

To comply with the Section 355 Committee Management Manual.

ATTACHMENTS

1.       MHMC minutes 24 September 2021    

 

Recommendation

The Minutes and supporting documentation of the Muttama Hall Management s.355 Committee meeting held on 24 September 2021, attached to the report, be received and noted.

 

Introduction

The attached Minutes and supporting documentation of the Muttama Hall Management s.355 Committee meeting held on 24 September 2021, is submitted for the information of Council and the community.

 


Ordinary Council Meeting Agenda

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8.1.7      Muttama Creek Regeneration Group s.355 Committee Meeting Minutes

DOCUMENT NUMBER

358930

REPORTING OFFICER

Teresa Breslin, Governance Officer

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

4.2 Active participation and engagement in local decision-making

 

FINANCIAL IMPLICATIONS

There are no financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

To comply with the Section 355 Committee Management Manual.

ATTACHMENTS

1.       MCRG Minutes 2 August 2021    

 

Recommendation

The Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held on 2 August 2021, attached to the report, be received and noted.

 

Introduction

The attached Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held on 2 August 2021, is submitted for the information of Council and the community.

 


Ordinary Council Meeting Agenda

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8.1.8      Information Bulletin - October 2021

DOCUMENT NUMBER

358824

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

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

 

FINANCIAL IMPLICATIONS

There are no financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Correspondence in - Cootamundra Development Corporation - 2021 Regional Business Awards Finalists

2.       Correspondence in - Cootamundra Development Corporation - Shop Coota Gundy - received 27.09.2021

3.       Correspondence in dated 22.09.2021-Compliments to Gundagai Works Crew.

4.       Correspondence in received 27.09.2021 - Stockinbingal Elwoods Hall s355 Committee - Letter of thanks.

5.       Council Circular21-32 dated 5.10.2021 Government endorses new rate peg methodology to support growing councils.

6.       IPART-Fact Sheet-Modelling for the review of the rate peg to include population growth 5.10.2021

7.       Ministerial Media Release-Council focus on Mental Health During COVID-19 Outbreak dated 17.09.2021

8.       Ministers Message-Government Introduces Population Growth Factor to Raise Infrastructure Funds for Growing Councils and Communities 5.10.2021.

9.       Minsterial Media Release-New action plan following ICAC report-dated 20.09.2021

10.     Minsterial Release-Annual report card reveals resilience of local councils-dated 22.09.2021

11.     Minsterial Release-Mayors and council staff unite to max the vax-dated 21.09.2021

12.     Copy of Returning Officer Appointments for Local Government Elections 2021.1

13.     Copy of Returning Officer Appointments for Local Government Elections 2021.2

14.     Ministerial Release - Regional recovery package to kickstart economy and create new jobs-dated 15.10.2021    

 

Recommendation

The Information Bulletin – October, 2021, and attached correspondence, be received and noted.

 

 

 

 


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8.1.9      Updated Council Meeting Action Report

DOCUMENT NUMBER

358825

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

4.2 Active participation and engagement in local decision-making

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil  

 

Recommendation

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

 

Introduction

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

 


Ordinary Council Meeting Agenda

26 October 2021

 

8.2        Finance

8.2.1      Request to Waive Rates on Lot 586 DP 726192 Middleton Drive Gundagai

DOCUMENT NUMBER

358805

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

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

 

FINANCIAL IMPLICATIONS

The amount up to the total rates outstanding subject to Council’s decision and a funding source being identified.

LEGISLATIVE IMPLICATIONS

Compliance with of the Local Government Act, 1993

POLICY IMPLICATIONS

The CGRC Donations Policy.

ATTACHMENTS

1.       Customer Service Request - Mr Robert Butcher - Gundagai Historic Bridges Committee Inc - Request to Waive Fee

2.       Auto Reply - Service Request 358278 - Mr Robert Butcher - Gundagai Historic Bridges Committee Inc.

3.       Registered Details for lot 586 DP 726192 Middleton Drive Gundagai.

4.       Assessment Details for Lot 586 DP 726192 Middleton Drive Gundagai.    

 

Recommendation

1.       Council notes that the land at Lot 586 DP 726192 Middleton Drive Gundagai is rateable as it is leased by the Gundagai Historic Bridges Committee Inc. from the Crown and used for private purposes .

2.       Council considers making a donation to the Gundagai Historic Bridges Committee Inc for outstanding rates payable with a funding source to be identified.

 

 

Introduction

A service request has been received from The Gundagai Historic Bridges Committee Inc. requesting Council to waive the rates as detailed in Assessment Details for Lot 586 DP 726192 Middleton Drive Gundagai, attached to the report.

 

Discussion

Section 555(1)(a) of the Local Government Act, 1993 (the Act) prescribes as follows:

(1)  The following land is exempt from all rates-

(a)  Land owned by the Crown, not being land held under a lease for private purposes.

Further, section 555(2) continues that  ‘Land is not rateable under subsection (1)(a) only because the land is leased by the Crown to a caretaker at a nominal rent.’

The subject land is Crown Land leased to the Gundagai Historic Bridges Committee Inc. In accordance with the applicable legislation above, as there is a lease held for private purposes, the land currently rateable and the Committee liable for the rates.

It is important to note that there are no provisions for councils to waive or reduce rates (except in the case of pensioner rebates) in the Act. Therefore, the Committee is responsible for the payment of the full amount of the rates levied for the land.

As at the time of preparing this report the amount of rates outstanding and payable by the committee was $4509.35. This includes $1695.67 for the 2021/2022 financial year. The balance of the amount owing is for the rating periods 2019/2020 and 2020/2021 and accrued interest.

To assist the Committee to manage payment of the outstanding rates arrangements could be made through Council’s Hardship Policy. Further, should Council wish to reduce the impact of the financial burden on the Committee resulting from the obligation to pay the rates, the only avenue available for Council is to consider providing  financial support through a donation in an amount up to the value of the annual rates due and outstanding.

There are currently no available funds in the Community Donations budget. Therefore if Council wishes to provide a donation a funding source will be required to be identified.

Council in past years have donated the value of rates to this community group.


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8.2.2      Investment Report - September 2021

DOCUMENT NUMBER

358903

REPORTING OFFICER

John Chapman, Interim Manager Finance and Customer Service

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

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

 

FINANCIAL IMPLICATIONS

Council’s investment income for September 2021 was $6,034.14, 22% over the budgeted figure of $4,932.

LEGISLATIVE IMPLICATIONS

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

POLICY IMPLICATIONS

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

ATTACHMENTS

1.       Investment Report 30 September 2021    

 

Recommendation

The Investment Report for September, 2021 be received and noted.

 

Introduction

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

Discussion

Investments for the month have produced interest of $6,034.14, being 22% over the budget for the month.

 

 

 


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8.2.3      Monthly Finance Report for September, 2021

DOCUMENT NUMBER

359043

REPORTING OFFICER

John Chapman, Interim Manager Finance and Customer Service

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

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

 

FINANCIAL IMPLICATIONS

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

LEGISLATIVE IMPLICATIONS

There are no legislative implications associated with this report.

POLICY IMPLICATIONS

There are no policy implications associated with this report.

ATTACHMENTS

1.       Consolidated Report September 2021

2.       Business Unit-Cost Centre Report September 2021

3.       Capital Expenditure Summary September 2021    

 

Recommendation

1.   The Finance Report for September, 2021, and attached reports, be received and noted.

2.   Provision be made in the September 2021 Quarterly Budget Review for expenditure of $521,877 to fund the proposed Bulk Light Emitting Diode (LED) Upgrade for Street Lighting.

 

Introduction

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

Discussion

At this early stage of the financial year no major concerns have been identified, except for the absence of provision in the budget for the proposed Bulk LED Upgrade for Street Lighting.

 

A number of capital works projects commenced in 2020-2021 were incomplete as of 30th June, 2021. The balance of funding for these projects will be carried forward to the 2021/22 financial year.

 

In relation to a proposed conversion of street lighting, Essential Energy is undertaking an LED rollout across our footprint over the next few years to drive reduced carbon emissions, reduced streetlighting bills and more efficient public lighting.

Council is given the choice to either contribute capital upfront, or to have Essential Energy fund the installation with recovery through regulated annual tariffs.

The upfront net cost to Council is $521,877 (excluding GST and including a contingency of 2%).  This will be offset by an annual cost saving of $75,997 on the current annual charge, thus the upfront cost will be recouped through annual savings in 6.86 years. The total cost saving over 10 years will amount to $238,093.

Under the Essential Energy funding option, there is an operating charge and a capital charge over 10 years.  The combined annual contribution to Essential Energy over 10 years would result in an annual cost saving of $21,784 on the current annual charge, or $217,840 over 10 years.

The funding options are summarised as follows:

Saving/(Cost)

Council Funded (upfront capital)

Essential Energy Funded

Year 1

(445,880)

21,784

Year 2

75,997

21,784

Year 3

75,997

21,784

Year 4

75,997

21,784

Year 5

75,997

21,784

Year 6

75,997

21,784

Year 7

75,997

21,784

Year 8

75,997

21,784

Year 9

75,997

21,784

Year 10

75,997

21,784

 $238,093

 $217,840

 

 

The Council funded option (up front capital contributions of $521,877 less annual maintenance contribution saving of $75,997 – net cost of $445,880 in year 1), delivering a saving of $20,253, is recommended.

 

These, and other relevant adjustments, will be made in the September, 2021 Quarterly Budget Review, scheduled for consideration by Council at the Ordinary Meeting to be held 30th November, 2021.

 


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8.3        Community and Culture

8.3.1      Riverina Regional Library Interim Report

DOCUMENT NUMBER

359124

REPORTING OFFICER

Phillip McMurray, General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

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

 

FINANCIAL IMPLICATIONS

An increase to the RRL contribution. The 2018-2022 contribution was $790,087.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Riverina Regional Library Deed of Agreement 2018 - 2022    

 

Recommendation

The Riverina Regional Library Interim Report be received and noted.

 

 Introduction

The Riverina Regional Library (RRL) provides library services to approximately 137,845 constituents of 10 local government areas, those being the shires of Bland, Coolamon, Cootamundra-Gundagai, Federation, Greater Hume, Junee, Lockhart, Temora, Snowy Valleys and the City of Wagga Wagga. The service consists of 19 stationary library branches and a mobile library spread over an area of 47,830 sq km (which is around 70% of the total area of Tasmania and 6% of the total area of NSW).

Under the Library Act, 1939 section 12(1)(a) Two or more local authorities my enter into an agreement whereby the local authority of one area undertakes the function of providing, controlling and managing libraries, library services or information services within the area of areas of the other local authority or local authorities. (b) Any such agreement shall specify the terms and conditions upon which the libraries, library services of information services shall be so provided., controlled and managed. (c) The local authority undertaking the function of providing, controlling and managing libraries. Library services of information services pursuant to an agreement under this subsection shall have, in relation to the area or area of the other contracting local authority or contracting local authorities. Such of the powers and duties of a local authority relating to the provision, control and management of libraries, library services and information services as may be delegated to it by the agreement.

The attached Deed of Agreement between the 10 member Councils shows agreement to delegate WWCC to provide control and manage all libraries, Library services or information services.

 

At its Ordinary Meeting held 13th September, 2021 Wagga Wagga City Council (WWCC) resolved  (Min. no. 21/290) to approve the Standalone Wagga Wagga City Library Service Option on expiry of the current RRL Deed of Agreement, attached to the report, as at 30th June, 2022.

Discussion

On Tuesday 14th September, 2021 Robert Knight, OAM (RRL Executive Director) advised Phillip McMurray (General Manager) and the general managers at the other RRL member councils of the resolution of WWCC at its Ordinary Meeting held 13th September, 2021.

At an Extraordinary Meeting of the RRL Advisory Committee held on 22nd July, 2021 a working party was appointed. The working party met on 30th August, 2021 to discuss the implications of the discontinuation the WWCC’s membership and considered various scenarios. They met again on 22nd September, 2021 to develop recommendations for consideration at an Advisory Committee to be held in October, 2021 based on the confirmation of the WWCC decision.

The remaining 9 RRL member Council maintain their strong support the RRL, as demonstrated at the July, 2021 meeting of the Advisory Committee.

WWCC contributes 43% of the annual contribution to the service delivery of the RRL. The remaining 9 member councils are committed to their membership; however, they will be required to determine how the financial contribution paid by WWCC will be borne by the remaining members, if it can be covered, or if current service levels will have to be reviewed. Cootamundra-Gundagai Regional Council’s contribution for the period 1st July, 2018-30th June, 2022 is $790,087.27

WWCC are the Executive Council for the RRL. As such, their departure will require a remaining member council to act as the Executive. Subsequently, Coolamon Shire Council has submitted an expression of interest for the executive role and has entered into discussions with WWCC on how to transfer this management process.

The working party is looking at future models, the staff structure and budget that would continue the operations of the RRL. A briefing for GM’s was held on 7th October, 2021 where  some of the challenges at hand were discussed and guidance sought.

A report will be prepared and submitted for the information of Council following the next meeting of the RRL Advisory Committee, when matters are further advanced to best indicate the operational and financial impacts.


Ordinary Council Meeting Agenda

26 October 2021

 

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Ordinary Council Meeting Agenda

26 October 2021

 

8.3.2      Cootamundra-Gundagai Agritourism Development Strategy Adoption

DOCUMENT NUMBER

359146

REPORTING OFFICER

Miriam Crane, Manager Community and Culture

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

2.3 Tourism opportunities are actively promoted

 

FINANCIAL IMPLICATIONS

Resourcing to be determined through IP&R & Resourcing Strategy

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Cootamundra-Gundagai Agritourism Development Plan 2021-2023.pdf (under separate cover)  

2.       Cootamundra-Gundagai Agritourism Development Plan 2021-2023 - Activation Plan FINAL.pdf

3.       Cootamundra-Gundagai Agritourism Development - Fact Sheets Priority Project (under separate cover)     

 

Recommendation

1.        The Cootamundra-Gundagai Agritourism Development Plan 2021-2023 be adopted.

2.        Specific activities for the next four years be determined and included in Council’s draft Operational Plan and resourced through the associated Resourcing Strategy.

 

 

Introduction

In April, 2020, Council received Grant funding to the amount of $62,024.55 through the Bushfire Community Resilience & Economic Recovery Fund- Phase 1 Grant Program, through the Department of Planning, Industry and Environment.  Of that an amount $38,800 was allocated to the Tilma Group Pty Ltd to conduct research for businesses and to produce an Agritourism Development Strategy for the Cootamundra-Gundagai Regional Council local government area.

Consultative sessions with local businesses were conducted over Zoom meetings with registered businesses involved in the program due to COVID-19 restrictions. Businesses involved in the program were provided feedback from the Tilma Group Pty Ltd as to how they could develop their business further in the Agritourism space.

The Cootamundra-Gundagai Agritourism Development Strategy document has been developed by two consultants at the Tilma Group Pty Ltd in conjunction with consultation with Council staff and with feedback from the former Cootamundra Tourism Action Group s355 Committee and the former Gundagai Tourism Action Group s355 Committee.


 

Proposed Priority Projects for Council mentioned within the document (page 28) include the following two phases:

·    Phase 1: Establish Foundations- marketing and experience development.

·    Phase 2: Ongoing Development- Investment attraction and product development

Phase 1 will ‘develop an annual Agritourism Business Development Program to educate producers on how to develop, finesse and promote their agritourism experiences’ and ‘support existing agritourism operators’.

Phase 2 will ‘implement the Agritourism Business Development Program’.

Discussion

The Cootamundra-Gundagai Agritourism Development Plan 2021-2023 document was placed on Public Exhibition for 28 days in April, 2021 seeking submissions from the community. A submission was received which drew attention to the fact that the document did not have strong, clear and measurable deliverables and lacked strength of vision and clear outcomes. The Chair of the Cootamundra Tourism Action Committee also put forward several suggestions for the improvement of the document which were fed back and informed the final document.

Whilst it is recognised that the document could be more concise, and outcomes more clearly defined, it does represent a useful summation of the current situation and the opportunities moving forward. It is suggested that Council adopt the Cootamundra-Gundagai Agritourism Development Plan 2021-2023 as tabled with specific activities for the next four years to be determined and included in Council’s new Operational Plan and resourced through the associated Resourcing Strategy. Adoption of the Plan 2021-2023 will also add weight to funding applications for projects identified to carry priority.

 


Ordinary Council Meeting Agenda

26 October 2021

 

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Ordinary Council Meeting Agenda

26 October 2021

 

8.3.3      Historic Gundagai River Crossing Town Project

DOCUMENT NUMBER

359528

REPORTING OFFICER

Miriam Crane, Manager Community and Culture

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

2.1 The local economy is strong and diverse

 

FINANCIAL IMPLICATIONS

No matched contribution required.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil  

 

Recommendation

Council endorse the Creative Capital expression of interest application for $5,000,000 for the Historic Gundagai River Crossing Town Project.

 

Introduction

Council has been working on a project to adequately interpret the Old Gundagai site since 1999 when Brendan O’Keefe prepared a conservation management plan for the site. Council has also identified in the Gundagai Tourism Strategy 2014 and subsequently the CGRC Tourism and Economic Development Strategy the need to improve access to the Murrumbidgee River at Gundagai and better interpret the Town’s origin as a River Crossing. Further to this Council has been working with Crown Lands and Transport for NSW on a project to remember and interpret the Prince Alfred Bridge after its slated removal in late 2021. Council has also purchased the Old Mill which was the last building surviving from Old Gundagai and intends to use it as a knowledge keeping place, track head and agritourism opportunity for private investment/operation.

Discussion

Council has recently submitted funding applications for the Old Mill Redevelopment, and to improve access to the Murrumbidgee River at Gundagai and better interpret the Town’s origin as a River Crossing. A further funding opportunity has been identified to reapply for funding for these projects, the Creative Capital Large Projects Round.

In addition this round of funding was identified by Transport for NSW as suitable for interpretation after the removal of the Prince Alfred Bridge, a project which could include a viewing platform with augmented reality experience and also a potential mural on the wall of the new sewage treatment plant. Consultation around these interpretive elements is ongoing and would need to be finalised prior to the submission of the final Creative Capital Large Projects application, due in March.

EOI Project Budget Breakdown:

Old Mill - $1Million

River Access/Old Gundagai - $1Million

Viewing Platform - $2.5Million

Interpretive elements - $250,000

Mural - $250,000

 

Total Budget -  $5Million


Ordinary Council Meeting Agenda

26 October 2021

 

8.3.4      Gundagai Tourism Action Group Advisory Committee - Meeting Held 11th October, 2021

DOCUMENT NUMBER

358904

REPORTING OFFICER

Miriam Crane, Manager Community and Culture

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

4.2 Active participation and engagement in local decision-making

 

FINANCIAL IMPLICATIONS

There are no financial implications attached to this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Gundagai Tourism Action Group Advisory Committee - Minutes - 11th October, 2021.pdf    

 

Recommendation

The Minutes of the Gundagai Tourism Action Group Advisory Committee meeting held on 11th October, 2021 attached to the report, be received and noted.

 

Introduction

The attached Minutes of the Gundagai Tourism Action Committee meeting held on 11th October, 2021 are submitted for the information of Council and the community.

 

 


Ordinary Council Meeting Agenda

26 October 2021

 

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Ordinary Council Meeting Agenda

26 October 2021

 

8.3.5      Cootamundra Tourism Action Group Advisory Committee - Meeting Held 7th October, 2021

DOCUMENT NUMBER

358905

REPORTING OFFICER

Miriam Crane, Manager Community and Culture

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

4.2 Active participation and engagement in local decision-making

 

FINANCIAL IMPLICATIONS

There are no financial implications attached to this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Cootamundra Tourism Action Group Advisory Committee meeting - Minutes - 7th October, 2021

2.       Pioneer Park - Tourism Working Group Sub-committee - Meeting Summary - 30.09.2021    

 

Recommendation

The Minutes of the Cootamundra Tourism Action Group Advisory Committee meeting held on 7th October, 2021 and the Pioneer Park - Tourism Working Group Sub-committee - Meeting Summary - 30.09.2021 attached to the report, be received and noted.

 

 

Introduction

The Minutes of the Cootamundra Tourism Action Group (CTAG) Advisory Committee meeting held on 7th October, 2021 attached to the report, are submitted for the information of Council and the community.

The Meeting Summary of the Pioneer Park Working Group, as Sub Committee of the CTAG Advisory Committee are submitted for the information of Council and the community.

 

 


Ordinary Council Meeting Agenda

26 October 2021

 

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Ordinary Council Meeting Agenda

26 October 2021

 

8.4        Development, Building and Compliance

8.4.1      DA2021/138 New Shed - 6 Cooper Street Cootamundra

DOCUMENT NUMBER

359240

REPORTING OFFICER

Craig Perrin, Town Planner

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

3.2 Our built environments support and enhance liveability

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

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

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       DA  Assessment Report DA2021/138    

 

Recommendation

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

·        Application Number: DA2021/138

·        Property:

Lot B DP363649

6 Cooper Street Cootamundra

·        Proposed Development: To remove existing 123m2 shed and replace with new 132m2 shed.

 

GENERAL CONDITIONS

(1)           GEN Condition - Compliance Standards

 

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

 

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

 

(2)       GEN Condition - Compliance with Council

 

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

 

Document Reference

Description

Author

Date

 

Site Plan

Simple Designs

September 2021

TUMUT-0250

Side Elevations

Emerald Design & Construction

12.08.2021

TUMUT-0250

End Elevations

Emerald Design & Construction

12.08.2021

TUMUT-0250

Plan Elevation

Emerald Design & Construction

12.08.2021

TUMUT-0250

Cross Section

Emerald Design & Construction

12.08.2021

 

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

(3)       GEN Condition - Utilities

 

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

 

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

 

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

 

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

 

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

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

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

 

An application shall be lodged and approved by Cootamundra Gundagai Regional 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 – 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 Manager Waste for an estimate of costs in this regard.

 

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

 

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

 

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

 

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

 

(6)           DUR Condition - Pipe Replacement.

 

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

 

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

 

(7)           DUR Condition - BCA Compliance.

 

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

 

Reason: To ensure the building complies with the BCA.

 

(8)           DUR Condition – Inspections.

 

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

 

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

 

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

 

(9)           DUR Condition – Restricted Public Access.

 

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

 

Reason: To ensure public safety is maintained.

 

(10)        DUR Condition – Storm Water.

 

Storm water is to be discharged: -

 

1.    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 – 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 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 an application to remove an existing 123m2 shed and replace with a new 132m2 shed.  The applicant seeks a variation to the controls within Council’s adopted Development Control Plan (DCP).  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.

The maximum area size for an outbuilding specified in the DCP for the subject site is 110m2. The proposed shed is 132m2 which is slightly larger than an existing shed it will replace.

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 DCP includes the existing outbuilding already exceeds the 110m2 maximum floor area requirement for outbuildings in the DCP. 

The proposed shed is marginally over the maximum size specified within the DCP for a site of this size, however, will only be slightly increasing the existing floor area of an existing shed. Thereby, is of minimal consequence considering the existing shed is of similar size.

Overall, the proposed development is considered in keeping with similar sheds in the locality, will not have negative visual or detrimental impact on the streetscape as the proposed shed will be located in the rear yard and therefore able to be approved.

 

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 proposed 132m2 shed exceeds the maximum floor area for outbuilding of 110m2 requirement contained within the DCP. (Note: to replace an existing 123m2 shed). 

 

 


Ordinary Council Meeting Agenda

26 October 2021

 

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Ordinary Council Meeting Agenda

26 October 2021

 

8.4.2      DA2021/1133 - Proposed Shed - 153 Hurley Street Cootamundra

DOCUMENT NUMBER

359288

REPORTING OFFICER

Craig Perrin, Town Planner

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

3.2 Our built environments support and enhance liveability

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

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

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Assessment Report DA2021/1133    

 

Recommendation

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

  Application Number: DA2021/1133

  Property:

Lot 12 DP 808897

153 Hurley Street

Cootamundra NSW 2590

  Proposed Development: New Shed

 

GENERAL CONDITIONS

(1)  GEN Condition - Compliance Standards

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

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

 

(2)  GEN Condition - Compliance with Council

 

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

 

Document Reference

Description

Author

Date

 

Site Plan

Applicant

September 2021

MAST34967
Sheet 1 of 7

Foundation Plan & Member Layout

Fairdinkum Sheds

02.09.2021

MAST34967
Sheet 2 of 7

Elevations

Fairdinkum Sheds

02.09.2021

MAST34967
Sheet 3 of 7

Internal Frame Section

Fairdinkum Sheds

02.09.2021

MAST34967
Sheet 4 of 7

Bored Local Thickening Detail

Fairdinkum Sheds

02.09.2021

MAST34967
Sheet 5 of 7

Connection Detail
Member & Material Schedule

Fairdinkum Sheds

02.09.2021

MAST34967
Sheet 6 of 7

Engineering

Fairdinkum Sheds

02.09.2021

MAST34967
Sheet 7 of 7

Elevations

Fairdinkum Sheds

02.09.2021

MAST34967

Bolt Layout Plan

Fairdinkum Sheds

02.09.2021

 

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 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 Manager Waste 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 - BCA Compliance.

 

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

 

Reason: To ensure the building complies with the BCA.

 

(8)           DUR Condition – Inspections.

 

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

 

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

 

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

 

(9)           DUR Condition – Restricted Public Access.

 

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

 

Reason: To ensure public safety is maintained.

 

 

(10)        DUR Condition – Storm Water.

 

Storm water is to be discharged: -

 

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

 

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

 

(2)       USE Condition – Clean and Tidy.

 

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

 

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

 

(3)       USE Condition –Amenity General.

 

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

 

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

 

(4)       USE Condition – Non Habitable Use.

 

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

 

Reason: Health and safety prohibition.

 

 

 

Introduction

Council has received an application for the erection of an ancillary shed.

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.

 The applicant is seeking a variation to boundary line setback requirements of Council’s development control plan.

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. 

The proposed shed is to be located 100mm from the side northern boundary and a Variation to Council DCP has been sort. Council DCP requirements for this site are that the shed has a 3m setback from the side boundary. There was an existing shed in this location however the new shed will be larger in size. Along the boundary of this property, there are existing structures on the same boundary line.

The application was notified to the adjoining property owner who raised no objection to the development. It is noted the adjoining property (to the northeast) has an existing attached garage adjacent to the proposed development.

In this instance the justification for varying the requirements of the DCP includes the proposed shed is consistent with the existing R1 General Residential zone objectives. The proposed shed is also in keeping with sheds in the locality and lots sizes, not considered out of place, open space has been retained and will not have a negative visual impact and overall detrimental impact on the streetscape and should be approved.

A full assessment of the proposed development contained within the assessment report attached herewith. 

 


Ordinary Council Meeting Agenda

26 October 2021

 

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Ordinary Council Meeting Agenda

26 October 2021

 

8.4.3      DA Modification - Mod2021/98.2 - 2-4 Cooper Street Cootamundra

DOCUMENT NUMBER

359371

REPORTING OFFICER

Craig Perrin, Town Planner

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

3.2 Our built environments support and enhance liveability

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

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

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Applicant Request to amend car parking requirements - DA2021/98

2.       Assessment Report DA2021/98    

 

Recommendation

1. That Council refuse Mod2021/98.2 – by refusing the applicants second request to disregard on-site parking requirements of the Cootamundra Development Control Plan.

2. That original Council approved DA2021/98 remains with the consent conditions below:

·    Application Number: DA2021/98

·    Property:

Lot A DP363649

2-4 Cooper Street

Cootamundra NSW 2590

·    Development: To renovate and change the use of building to Dental Clinic with onsite parking

 

GENERAL CONDITIONS

(1)           GEN Condition - Compliance Standards

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

 

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

 

(2)    GEN Condition - Compliance with Council

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

 

Document Reference

Description

Author

Date

 

Site Plan

Coota Design

July 2021

Drawing No. 1

Floor Plan, Elevations

& Cross Section

Coota Design

17.06.2021

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

 

(3)       GEN Condition - Compliance with Legislation

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

 

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

 

(4)       GEN Condition - Utilities

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

 

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

 

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

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

 

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

 

(6)       GEN Condition – New Footpath Construction.

The Developer shall at their cost, construct a concrete footpath, 1.5 metres wide across the full frontage of the allotment and re-instate the nature strip afterwards to Council’s satisfaction along with the entire area under the proposed awning paved or concreted.

 

Reason: To ensure that adequate pedestrian access facilities are provided to the development to be benefit of the community.

 

(7)       GEN Condition – Public Land Costs

Costs attributed to all work involved on public land shall be borne by the proponent.

 

Reason: Need for applicants to be reasonable for costs arising as a result of development work

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

(1)       PCC Condition - Section 94A Contributions.

At the time of submission of a Construction Certificate all owning monies as they relate to Section 7.12 contributions must be paid in full.

 

Section 7.12 contributions are calculated on the estimated cost of development as specified on the Development Application at time of lodgement and may be subject to change with the coming of a new financial year or revised estimated cost of development.

 

Reason: So that the Section 94A Developer Contributions are paid in accordance with Council’s Section 94A policy as adopted 2011.

 

(2)       PCC Condition - Traffic Management Study.

The applicant shall provide to Council, for approval, a Traffic management Study for those areas in the vicinity of the intersections of Cooper Street and Morris Street to the Roads & Traffic Authority Guideline. This must include the provisions set out by Councils Traffic Committee that the street between Morris and Sutton streets is to become one way.

 

Reason: To ensure acceptable standards of safety for both vehicular and pedestrian traffic.

 

(3)       PCC Condition - Carpark Design.

Detailed car parking plan outlining car spacing's, vehicle manoeuvring, exit/entrance points and location and provision for service delivery vehicles in accordance with Australian Standard 2890 submitted for Council approval providing for 3 staff and visitor parking plus an additional 1 space for disabled parking.  Entry and exit points are to be clearly signposted.

 

Reason: To ensure that adequate and practical off-street parking and access to the development has been provided.

 

(4)       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.

 

(5)       PCC Condition - Road Opening and Closing Permit.

If it is proposed to construct a vehicular crossing on the public footpath a road opening permit must be obtained from Council and an appropriate fee paid for Council to assess or to carry out the design and construction of such crossing. No excavation of, or construction on the public footpath is authorised to be carried out by others than Council except in accordance with (a) a design approved by Council and (b) the terms of an appropriate road opening permit.

 

Reason: To ensure that work carried out on public roads conforms to the requirements of Council, the responsible authority.

 

(6)       PCC Condition - Trade Waste Device Required.

Any business or premises proposing to discharge a pollutant discharge greater than or differing from domestic usage is to submit to Council an application for a Trade Waste Licence. This application is to be approved by Council. This application is to be approved by Council prior to any discharge to sewer being commenced. A trade waste fee may be applicable in accordance with Council’s adopted Fees and Charges.

 

Reason: To comply with Council’s Trade Waste Policy

 

(7)       PCC Condition - Heritage Design Consideration.

So that the renovated building design and character is sympathetic with the heritage styles of the surrounding locality. The applicant must ensure that the colour schemes and materials used for the new dwelling complement the existing dwellings in the locality.

 

Plans and details demonstrating the above shall be submitted to the Principal Certifying Authority upon lodgement of the Construction Certificate Application.

 

Reason: So that the dwelling located on site appears more in character with the heritage styles of the existing buildings and does not detract from the character of the locality.

 

(8)       PCC Condition - Internal Road Design.

Provision of a detailed internal road design outlining car parking spacing’s, vehicle manoeuvring, site lines, exit/entrance points and location and provision for service vehicles in accordance with Australian Standard 2890 are to submitted for Council approval prior to the issuing of a Construction Certificate. Entry and exit points to be clearly signposted.

 

The vehicle entrance into the development from Parker Street shall be of concrete construction from the kerb line to the building line. The provision of a new vehicle access point off Parker Street, 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 that adequate vehicle access and internal movement is achieved and maintained throughout the development

 

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 – Public Safety – Hoardings.

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

 

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

 

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

 

Reason: To protect the general public.

 

(6)       PCW Condition – Waste Storage During Construction.

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

 

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

 

(7)       PCW Condition – Construction Safeguards.

Fire precautions during construction are to comply with PART E1.9 Building Code of Australia. Not less than one fire extinguisher to suit Class A, B and C fires and electrical fires must be provided at all times on each storey adjacent to each required exit.

 

Reason: To provide a minimum standard of fire safety during construction.

 

(8)       PCW Condition – Soil Erosion Control.

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

 

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

 

(9)       PCW Condition – Underground Services.

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

 

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

DURING CONSTRUCTION

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

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

 

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

 

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

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

 

Monday to Saturday from 7.00am to 7.00pm

Sundays and public holidays from 9.00am to 12.00pm

 

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

 

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

 

(3)           DUR Condition – Footpath Construction.

All work on the public footpath and roadway shall be carried out with due care and regard for the safety and convenience of the public including pedestrians, cyclists and motorists. Special regard shall be paid to caring for the needs of children, the disabled, the infirm and the elderly.

 

Reason: Preservation of the life, health and good will of members of the public.

 

(4)           DUR Condition – Footpath Storage.

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

 

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

 

(5)           DUR Condition – Waste Removal.

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

 

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

 

(6)           DUR Condition – Driveway and Layback.

The provision of an adequate vehicle access, 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 - 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 - Demolition of Buildings.

The following points must be complied with: -

 

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

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

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

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

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

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

 

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

 

(11)        DUR Condition – Storm Water.

Storm water is to be discharged: -

 

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

 

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

 

(12)        DUR Condition – Exit Doors.

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

 

Reason: To facilitate exit from the building.

 

(13)        DUR Condition – Fire Hazard Index.

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

 

Reason: To suppress fire within places of public entertainment.

 

(14)        DUR Condition – Disabled Fitouts.

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

 

Reason: To provide access for disabled people.

 

(15)        DUR Condition – Provide Suitable Access.

Access is to be constructed to Council specification and location. The access to be constructed and maintained at the owners cost such no soil erosion is caused.

 

Reason: To ensure that traffic movement generated by the development does not adversely affect the road system of the locality and that siltation of waterways is minimised.

 

(16)        DUR Condition – Disabled Carparking.

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

 

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

 

(17)        DUR Condition – Dust Free Carpark.

Carpark area and access driveway shall be constructed to a dust free standard, and maintained in good, dust fee condition.

 

Reason: To ensure that no dust nuisance occurs.

 

(18)        DUR Condition – Carpark Entry.

Entry and exit from the carpark is to be in a forward direction. Adequate turning space will be required to enable vehicles to leave the carpark in a forward direction.

 

Reason: To ensure acceptable standards of safety for both vehicular and pedestrian traffic.

 

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

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

 

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

 

Reason: Statutory compliance.

 

(20)        DUR Condition - Asbestos Removal.

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

 

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

2.    Thoroughly wet each sheet of the waste before removing

3.    Wrap the sheeting in plastic 200 microns thick

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

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

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

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

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

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

10.  Wear a protective mask and goggles

 

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

 

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

POST CONSTRUCTION

(1)       POC Condition – Occupation of Building.

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

 

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

 

(2)       POC Condition – Compliance Certificates.

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

 

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

 

(3)       POC Condition – Property Identification.

Street numbers of a size and type satisfactory to Council being affixed to the building or fence. Such numbers to be clearly visible from the street.

 

In rural areas, the number should be affixed near your property entrance at the fence line. The property is 2-4.

 

Reason: To ensure that the development is clearly identifiable and easily found by emergency, trade and other services.

ONGOING USE

(1)       USE Condition – Annual Certificate.

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

 

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

 

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

 

(2)       USE Condition – Discrimination Laws.

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

 

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

 

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

 

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

 

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

 

(3)       USE Condition – Hours of Operation.

The development shall only be conducted between the hours of:-

Monday to Saturday from 8.00am to 6.00pm

Sundays and public holidays from 9.00am to 12pm

 

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

 

(4)       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.

 

(5)       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.

 

(6)       USE Condition – Non Habitable Use.

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

 

Reason: Health and safety prohibition.

 

 

Introduction

Council has received an application pursuant to Section 4.55(2) of the Environmental Planning and Assessment Act 1979 to modify DA2021/98.

The applicant is seeking to remove all conditions of car parking requirements of DA2021/98 which Council approved at its August 2021 Ordinary Meeting (Resolution 240/2021). It is noted that the August 2021 report to Council has previously addressed and refused the request to vary Council’s Development Control Plan car parking requirements in this instance.  

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 development controls require that parking be provided onsite.  The rate of carparking to be provided is 3 plus an additional carparking space for disabled parking.  The applicant has requested that this parking be permitted to be provided on the street rather than on site.  The justification for varying the requirements of the DCP includes the existing parking arrangements for the site, the desire to expand the building in the future. 

As previously explained with DA2021/98, the existing parking arrangements are for the previous occupation of the building, being a place of public worship.  The use of the building as a place of public worship had different parking requirements to that of a business that operates with a different focus and different times to that required for the previous use.  Previously the parking demand was on weekends, for short periods, this did not conflict with the uses of the surrounding development.  However, the proposal shifts the demand for parking from the weekend to weekday and for longer, continuous periods of occupation.  As assessment of the application has determined that the proposal, of itself, is not incompatible with the use of the area, however relying on parking on the street is likely to conflict and be incompatible with the existing use of the area.

Furthermore, the applicant has indicated their intention to expand the facility in the future. This has the potential to further intensify car parking requirements in the vicinity. With good design, the subject site has adequate room to provide both onsite parking and the ability to accommodate further expansion in the future. Therefore, it is considered appropriate that the original car parking requirements of DA2021/98 should remain and the request to modify the original development be refused.  


Ordinary Council Meeting Agenda

26 October 2021

 

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Ordinary Council Meeting Agenda

26 October 2021

 

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Ordinary Council Meeting Agenda

26 October 2021

 

8.4.4      Development Applications September 2021

DOCUMENT NUMBER

359254

REPORTING OFFICER

Craig Perrin, Town Planner

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

3.2 Our built environments support and enhance liveability

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

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

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil 

 

Recommendation

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

 

Introduction

The Development Applications Approved in September 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 September 2021:

APP. NO.

PROPOSED DEVELOPMENT

PROPERTY DESCRIPTION

 

010.2021.21.2

New Shed

Lot 2 Sec C DP 4840, Gundagai Road COOTAMUNDRA

 

018.2021.22.1

New Pool/Spa

Lot 3 DP 302381, Thompson Street COOTAMUNDRA

 

018.2021.21.1

Demolition

Lot 11 DP 32774, Mount Street GUNDAGAI

 

010.2021.127.1

New Shed

Lot 10 DP 18650, Hay Street COOTAMUNDRA

 

010.2021.126.1

New Shed

Lot 14 DP 1093742, Matilda Avenue COOTAMUNDRA

 

010.2021.125.1

New Dwelling with attached Garage

Lot 23 DP 1270489, Oliver Selwyn Drive COOTAMUNDRA

 

018.2021.20.1

New Dwelling

Lot 8 DP 1270489, Keith Taylor Crescent COOTAMUNDRA

 

010.2021.122.1

New Dwelling with attached garage

Lot 20 DP 1270489, Oliver Selwyn Drive COOTAMUNDRA

 

018.2021.19.1

Alterations to Alterations and additions to residential

Lot  2 DP327748 , Sutton Street COOTAMUNDRA

 

010.2021.120.1

New Change of Use - Other

Lot 2 DP 1164630, Five Mile Creek Road GUNDAGAI

 

010.2021.115.1

New Alterations and additions to residential

Lot 3 DP 235914 , Cutler Avenue COOTAMUNDRA

 

010.2021.113.1

New Dwelling with attached Garage

Lot 31 DP1270489 , Oliver Selwyn Drive COOTAMUNDRA

 

010.2021.109.1

New Shed

Lot 7 DP 861374, O'Briens Road GUNDAGAI NSW

 

010.2021.108.1

New Shed

Lot 1 DP 781902, Olney Street COOTAMUNDRA

 

010.2021.103.1

New Single Dwelling

Lot 2 DP 607004, Barana Road COOTAMUNDRA

 

010.2020.199.2

MODIFICATION for Development Consent DA2020/199 - Alterations & Additions to Beef Kill Floor

Lot 1 DP 611755 , Stockinbingal Road COOTAMUNDRA

 

 

VALUE OF WORK REPORTED TO THIS MEETING:       $2,180,482.00

 

 

 

VALUE OF WORK REPORTED YEAR TO DATE:             $26,880,924.00

 

 

 

THIS TIME LAST YEAR:

 

 

VALUE OF WORK –September 2020 -    $1,513,378.00

 

 

VALUE OF WORK – YTD 2020-      $4,575,907.00

 

 

 


Ordinary Council Meeting Agenda

26 October 2021

 

8.5        Regulatory Services

8.5.1      Regulatory Report September 2021

DOCUMENT NUMBER

358954

REPORTING OFFICER

Glen McAtear, Manager Regulatory Services

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

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

 

FINANCIAL IMPLICATIONS

Nil

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil  

 

Recommendation

The regulatory report for september, 2021 be received and noted.

 

Introduction

The following report details the main activities that were undertaken by the Regulatory staff during September, 2021.

 

Saleyard Activities

·    Sheep Sales held – Cootamundra: 3 - Yarding information: Total sheep sold:  7253 head.

·    Total amount of Vendor sales - $1,515,546.50 Top price: $310.00, Average Price:  $208.95

·    Cattle Sales held – Gundagai: 0

·    Truck wash Registered Operators: Cootamundra Saleyards: 30, Individual usages 74 - Amount received $3,218.74

·    Truck wash Registered Operators: Gundagai Saleyards: 29, Individual usages 108 - Amount received $3,023.12

·    Transit Fees Received:  Cootamundra Yards: 0   Gundagai Yards: $609.00

General yard maintenance and repairs were undertaken at the Gundagai and Cootamundra yards. Cootamundra Truck wash maintenance was undertaken with tank flushing and excess manure removal from pit.

Transit Stock meeting – Council staff, Cr Sheehan and Cr Graham met with Stock and Stations Agents at Gundagai on Friday 24th September, 2021 to discuss the issue of transit stock through Cootamundra-Gundagai Regional Council (CGRC) Saleyards. The Agents were advised of the report that was adopted by Council at its Ordinary Meeting held 27th July, 2021 and they were provided with a document that would require them to submit an Annual Return to the Council for their use of the yards in relation to transit stock.

The Agents were reluctant to accept the Annual Return scenario as they believed that it could be easily overlooked. They also believe that the use of the saleyards is minimal regarding transit stock and that the cost to introduce and maintain a method to measure usage would far outweigh the income that could be received. A positive discussion ensued and as a result an agreement was made for the following:

·    A CCTV camera be installed to monitor the Saleyards for a 6 month period to calculate trucks usage for transit stock.

·    Council staff undertake daily spot checks of the saleyards during office hours to capture any transit stock use.

·    Stock & Station Agents will provide Council with details of transit stock use to facilitate invoicing of the CGRC fee.

Cemetery Activities

Burial enquiries - Locate grave, provide maps and information for family research: 45.

All cemeteries were sprayed for weeds, mowed, plants, roses and hedges were pruned, and tree litter was removed. General grave maintenance was undertaken with the topping up of sunken graves due to excess rainfall in September, 2021 backfilling feral animal holes and irrigation repairs were undertaken. Regulatory staff have assisted in collecting additional cemetery data and photographs for the new cemetery mapping system being developed for Council’s 13 cemeteries.

 

Burial/Interments: 9

Cemetery Locations: Cootamundra 5, Gundagai South 1 and Tumblong 1.

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Biosecurity Activities

Regulatory staff have continued with weed spraying throughout the Local Government Area (LGA). Township lanes and streets, in addition to Crows Road, West Jindalee Road, Frampton Road, Burra Road, Old Hume Highway, Gobarralong Road, Detroit Road, Old Gundagai Road, Milvale Road and Coolac Road. Cemeteries and Saleyards have also been sprayed.

Biosecurity staff also carried out roadside weed inspections, however, no property inspections were undertaken in September, 2021 due to COVID-19 restrictions. drumMUSTER collections continued to be received.

Ranger Activities

Council Rangers attended to several complaints: 3 Nuisance dog issues (predominantly barking issues), 2 menacing dog incidents, 3 penalty notices given, 0 cat traps were hired, 0 reports of straying livestock incidents and 4 illegal dumping cases and related clean-ups and 2 abandoned vehicles. 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. Rangers continue to patrol the Local Government Area and have undertaken follow up communications regarding the Companion Animal Audit.

NSW Companion Animal Registrations: 21. Amount received for September 2021: $1,730.00

Dog Attack Incidents across the LGA: 2 - dogs and cats seized across the LGA: 14 -   5 returned home, 7 rehomed and 2 euthanised.


Seizure Locations: Cootamundra 12 and Gundagai 2.

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Ordinary Council Meeting Agenda

26 October 2021

 

8.6        Assets

8.6.1      Integrated Water Cycle Management and Best Practice Guidelines

DOCUMENT NUMBER

358958

REPORTING OFFICER

Ganesh Ganeshamoorthy, Manager Assets

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

3.2 Our built environments support and enhance liveability

 

FINANCIAL IMPLICATIONS

$42,000 from both the Water and Sewer funds.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       NSW Government Public Works Advisory Proposal - Preparation of an Integrated Water Cycle Management Strategy - additional works    

 

Recommendation

1.       Public Works Advisory be engaged to prepare the Integrated Water Cycle Management Strategy Development.

2.       $42,000 from the Water fund and $42,000 from Sewer fund be allocated to engage Public Work Advisory to proceed with the development of the Integrated Water Cycle Management Strategy.

 

 

Introduction

Cootamundra-Gundagai Regional Council engaged Public Works Advisory (PWA) to prepare an Integrated Water Cycle Management (IWCM) Issue Paper. The IWCM Issue Paper was completed and a IWCM Reference Group was established. A Reference Group meeting was held on 12th August, 2021, to refine the paper and plan for the next steps in meeting the best practice guidelines.

A proposal was invited from PWA to prepare strategies for the next phase of IWCM and that proposal has now been received as attached. Funding is available from Department of Primary Industry and Environment (DPIE) under Safe Secure Water Program to develop IWCM strategies.

Discussion

The Integrated Water Cycle Management (IWCM) Strategy is a local water utility’s resourcing strategy for the provision of appropriate, affordable, cost–effective and sustainable urban water services that meet community needs and protect public health and the environment. It also provides long term asset renewal strategy and improved asset performance.

Additionally, by completing IWCM strategies and completing the initial planning phase, enables infrastructure projects to progress a step closer to be shovel ready thus enabling Council to apply for funding and implementation.

Local Water Utilities (LWU) area able to register their interest in funding for Integrated Water Cycle Management Strategy under Stream 2 of Safe and Secure Water Program (SSWP).

Levels of funding available for Local Water Utilities are all the same for all streams of the program and will be calculated based on annual revenue of the proponents (from water and sewerage business) as detailed in Table 1 which was obtained from Safe and Secure Water Program web site.

 

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Based on the above revenue criteria Cootamundra Gundagai Regional Council will be eligible for 60% of Safe Secure water Funding for the cost of engagement of PWA to develop strategies and proceeding with nest phase of IWCM development.

The proposal submitted by PWA is $210,000 including optional items eligible funding from SSWP for IWCM development would be $126,000, subject review of the Expression of Interest (EOI) by Safe Secure Water Program Management office and the balance funds must be allocated from Council Water and Sewer funds.

 

IWCM Strategy Development PWA Engagement Cost

$210,000

 

SSWP Funding (60% subject approval)

 

$126,000

CGRC Contribution Water fund

 

$ 42,000

CGRC Contribution Water fund

 

$ 42,000

 

$210,000

$210,000

 

 

 


Ordinary Council Meeting Agenda

26 October 2021

 

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Ordinary Council Meeting Agenda

26 October 2021

 

8.6.2      Business Case for Stockinbingal Sewerage Project

DOCUMENT NUMBER

359186

REPORTING OFFICER

Ganesh Ganeshamoorthy, Manager Assets

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

3.1 The natural environment is valued and protected

 

FINANCIAL IMPLICATIONS

There are no financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Stockinbingal Sewerage Scheme Business Case September 2021 (under separate cover)     

 

Recommendation

The report on the Business case for the Stockinbingal Sewerage Scheme, attached under separate cover, be received and noted.

 

 

Introduction

The Public Works Advisory (PWA) was engaged undertake investigations and prepare an Options Study to identify options and assess feasibility of these options for the proposed Stockinbingal Sewerage Scheme. After the completion of Stockinbingal Options Study report the Public Works Advisory was engaged to prepare a business case taking into consideration costs and benefits associated with this project.

Discussion

The Options Study identified and considered in detail the options of using a pressure sewerage system and conventional gravity sewerage system for sewerage collection and sewage treatment and disposal options. This study identified the pressure sewerage option as the preferred option.

Subsequently, PWA was engaged to do concept design report for the preferred option which was received and adopted at the ordinary Council Meeting held 31st March, 2020. Based on the decision at the meeting PWA was engaged to prepare a Business Case for the preferred option.  


Ordinary Council Meeting Agenda

26 October 2021

 

8.7        Civil Works

8.7.1      Civil Works and Technical Services Report - October 2021

DOCUMENT NUMBER

359323

REPORTING OFFICER

Julie Buckley, Operations Support Officer

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

3.2 Our built environments support and enhance liveability

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil 

 

Recommendation

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

 

Introduction

The Civil Works and Technical Services Report for the month of October, 2021 is submitted for the information of Council and the community.

Discussion

Fixing Local Roads Projects:

Mackay Street Cootamundra:

The pavement works at the intersection of Poole and Mackay Streets has now been completed and sealed. Works towards Hemet Crescent and Onley Street will be scheduled to commence as soon as possible, pending the replacement of the water main and resources. The footpath between Olney and Poole Streets, including pram ramps has been replaced due to their poor condition and sub-standard design which did not suit mobility scooters.    

Old Gundagai Road Cootamundra:

This road has now been sealed and guide posted.  Line marking will be undertaken as soon as resources and weather conditions allow.

Old Hume Highway:

Works have reached practical completion on the Old Hume Highway with a 4 kilometre (km) section to the north of the bridge over Hillas Creek, Mundarlo now sealed. This section was previously a gravel pavement and works have provided a significantly improved asset for road users.

 

 

Drought Communities Program:

Work is continuing in Sheridan Street, Gundagai Block 3 with all drainage works and kerb and gutter now complete. Contract crews are progressing with placement of concrete pavement ahead of paving works. This work has been staged to ensure the Gundagai Medical Centre continues to operate and Council staff would like to thank the Medical Centre, and the general public, for their understanding to date.

Local Roads and Community Infrastructure Program:

Work on the bridge replacement on Rosehill Road, Cootamundra has seen the road pavement placed and compacted either side of the bridge. Sealing of these works should be completed by the end of October, 2021.  Minor drainage and removal of the side-track was underway at the time of writing this report.

Work on replacing the footbridge at the top end of Scott Avenue, Cootamundra has seen a new concrete deck poured. Replacement of the shared footpath from Cutler Avenue to the new bridge is now underway. The old footpath had to be replaced as part of the project, due to its poor state and new grading to match into the bridge deck.

Works have reached practical completion at the intersection of Sheridan and West Streets, Gundagai. Paving infill has been completed within all traffic islands and Parks staff have completed the installation of irrigation, mulching and plants that are consistent with the theme along the remainder of Sheridan Street.

General Works:

The one-way configuration in First Avenue, Gundagai has now been implemented with signage installed in the past week.

Bitumen shire roads:

The wet weather is still causing issues with pavement failures around the whole network.  Patching crews have been working on the higher trafficked roads as much as practicable to keep them maintained, however, the continual wet weather is seeing deeper pavement failures which require additional and more complex excavation and repairs.  Rural roads suffering the most deterioration are Muttama, Nangus, Stockinbingal, Old Gundagai and Old Cootamundra Roads, with these roads being prioritised for the required maintenance work.  Culvert cleaning and maintenance repairs are also being undertaken.

 

Roadside slashing has commenced in and around the Cootamundra township, with works in the villages set to commence.   Roadside slashing and spraying is underway on all rural sealed roads in the Gundagai area. The upcoming warmer seasons are expected to see prolific grass growth and repetitive slashing around the area will be required to keep the grass maintained for the safety of road users.

 

Maintenance grading is underway around the Muttama and Nangus areas as weather conditions allow.  Cootamundra crews are planning to undertake maintenance grading on various roads in the northern portion of the local government area.

  


Ordinary Council Meeting Agenda

26 October 2021

 

8.8        Technical Services

Nil

8.9        Facilities

Nil


Ordinary Council Meeting Agenda

26 October 2021

 

8.10      Waste, Parks and Recreation

8.10.1    MacKay Park Rest Area Wallendbeen Landscape Master Plan

DOCUMENT NUMBER

358296

REPORTING OFFICER

Wayne Bennett, Manager Waste, Parks and Recreation Services

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

3.2 Our built environments support and enhance liveability

 

FINANCIAL IMPLICATIONS

· There is currently no funding ($55,000.) available for the development of a Landscape Master Plan for Wallendbeen.

· If the Master Plan is developed, the Cootamundra’s Open Space maintenance budget will require an estimated increase of $15,000 for ongoing maintenance annually.

· If the development proceeds it may create an increase in Council annual asset value and depreciation costs.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil 

 

Recommendation

1.             The Report on the Mackay Park Rest Area Wallendbeen Landscape Master Plan received and noted.

2.             Council considers the development of a Landscape Master Plan for Mackay Park Rest Area as part of the 2022/2023 budget deliberations.

3.             Council considers the allocation of $55,000. for the preparation of a Landscape Master Plan for Mackay Park Rest Area as part of the 2022/2023 budget preparation.

 

 

Introduction

At its Ordinary Meeting held 27th October 2020 there was a recommendation in the Minutes submitted by the Cootamundra Tourism Action Group s355 Committee to be considered by Council. Council resolved (Min. no. 315/2020) to enact any existing or develop a new Landscaping Plan for the Wallendbeen Rest-Area. This should be bright, colourful and enticing and give a great first impression of our LGA.

Discussion

In response to the resolution, a quote was sought from Salsa4 and Somewhere Landscapes for the preparation of a Landscape Master Plan for the area identified in the figure on page two (2) of this report.  The cost estimate indicated the development of a Landscape Master Plan would be in the vicinity of approximately $40,000. This plan would include the concept and master design, all associated consultation, site inspections, land surveys and final report. There is no funding currently available for the landscape plans to be prepared. Consultation with and the involvement of Transport for NSW would also be required, as they are the authority of the two state roads which meet at the roundabout and parallel to the rest area, including the Roundabout.

Once a report on the Landscape Master Plan has been submitted and approved by Council, a further $15,000 will be required to complete the technical plans, specifications, and tender construction documents. It is the intent to associate any proposed landscape design works with the previously adopted Wallendbeen King Street Revitalisation Landscape Master Plan adopted at the Ordinary Council Meeting held 29th October 2019.

A Landscape Master Plan is required to enable any future applications to be submitted for funding through relevant grant funding streams. Prior to going to tender and construction, a budget of $55,000 would need to be approved for prior design works.

As with all new Capital Work projects, there is an annual cost associated with the introduction of any new public open space assets (increase asset and depreciation values) and, costs associated with any ongoing maintenance and improvement to existing amenity standards. It would not be unreasonable to think, even with the most conservative design, any upgrade of the existing amenity could add a further $15,000 (indicative figure only) annually to the areas open space maintenance costs.

The related rest area is located at the intersection of Burley Griffin and the Olympic Highway. The area and associated facilities are currently in very poor condition, and not very well presented or welcoming to travellers that pass-through or wish to stop at Wallendbeen. As such, it currently reflects poorly on Council and the Wallendbeen community. The area needs a facelift, an improved maintenance schedule and upgraded facilities.

This rest area should be a show piece, reflecting a progressive, forward thinking, and proud Council with high standards in its open spaces management and tourism opportunities.

 

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Figure 1 - Mackay Park Rest Area


Ordinary Council Meeting Agenda

26 October 2021

 

9            Motion of which Notice has been Given

Nil


Ordinary Council Meeting Agenda

26 October 2021

 

10         Questions with Notice

10.1       Questions With Notice - October, 2021

DOCUMENT NUMBER

359110

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

 

Recommendation

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

 

 

Questions with Notice

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

Cr Gil KellyIn response to Council’s resolution of 28 January 2020 (Minute number 032/2020) regarding the Gundagai Sewage Treatment Plant Replacement Project, was MH Earthmoving Pty Ltd (MHE) engaged at an estimated cost of $418,000 to: 1) Win, supply, place and compact fill material under the base area for the Intermittent Decanting Aeration tanks and Sludge Lagoons? 2) Win, supply, place and compact fill material for the expanded mound area on which treatment plant structures were constructed?

Response from Council Officer – In the detailed report to the January 2020 meeting, Council were provided with a quote provided by MHE for $38/m3 compacted by volume required and the rates in that quote were considered by Council officers to be very competitive and being lower than what Council could undertake the works for. Essentially the quotation is a “Schedule of Rates Quotation”, that is Supply and Payment based on the actual weighed quantities delivered by the contractor. Detailed invoices provide those amounts.

 

Cr Gil KellyWhat is the total amount paid to MHE to date for that work?

Response from Council Officer – The spreadsheet following details the actual expenditure associated with the contractor MHE and the STP Project, and other projects in the period. The “Quantities” involved and initially expected, were substantially less than the actual quantities needed to complete both the IDEA Tank area and the Mound Area.

 

Cr Gil KellyWas MHE engaged to undertake any additional work in relation to the Gundagai Sewage Treatment Plant Replacement Project?

Response from Council Officer – In the same quotation received by Council, it details additional costs associated with removal of unsuitable material, and removal and stockpiling of rock.

 

Cr Gil KellyIf so, what was that work, through what process(es) was that work procured, and how much has that entity been paid for it? 

Response from Council Officer – A copy of scheduled rates follow.

 

Cr Gil KellyHow much has Council paid MHE in total for any materials or services on any projects/works additional to the Gundagai Sewage Treatment Plant Works since 1 January 2020 (with an itemised list detailing costs and projects individually to be provided)?

Response from Council Officer – The spreadsheet following details the actual expenditure associated with the contractor MHE and the STP Project, and other projects in the period follow.

 

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Ordinary Council Meeting Agenda

26 October 2021

 

11         Confidential Items

11.1       Close Council Report

DOCUMENT NUMBER

358827

REPORTING OFFICER

Marianne McInerney, Executive Assistant to the General Manager

AUTHORISING OFFICER

Phillip McMurray, General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

4.2 Active participation and engagement in local decision-making

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

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

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil 

 

Note

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

 

RECOMMENDATION

1.       Items 11.2, 11.3, 11.4 and  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 Items 11.2, 11.3, 11.4 and  be withheld from the press and public.

11.2       Tender - Gundagai Preschool and Kindergarten Construction - RFT2021/27

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 it would prejudice Council's ability to secure the optimum outcome for the community..

11.3       Tender - CGRC with Yass Valley Council - Replacement of Timber Road Bridges - Design and Construction of Six (6) Concrete Bridges - RFT2021/31

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 it would prejudice Council's ability to secure the optimum outcome for the community..

11.4       Tender - Replacement of Timber Road Bridges - Design and Construction of Five (5) Concrete Bridges - RFT2021/31

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 it would prejudice Council's ability to secure the optimum outcome for the community..

11.5       South West Fuels Electricity Provision Financial Considerations

Provisions for Confidentiality

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

Public Interest

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