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Minutes Ordinary Council Meeting
Alby Schultz Meeting Centre, Cootamundra
6:00PM, Tuesday 26TH APRIL, 2022
Administration Centres: 1300 459 689 |
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Minutes Ordinary Council Meeting
Alby Schultz Meeting Centre, Cootamundra
6:00PM, Tuesday 26TH APRIL, 2022
Administration Centres: 1300 459 689 |
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Ordinary Council Meeting Minutes |
26 April 2022 |
MINUTES
OF Cootamundra-Gundagai
Regional Council
Ordinary Council Meeting
HELD AT THE Alby Schultz
Meeting Centre, Cootamundra
ON Tuesday, 26 April 2022 AT 6:00PM
PRESENT: Cr Charlie Sheahan (Mayor), Cr Leigh Bowden (Deputy Mayor), Cr Les Boyd, Cr Logan Collins, Cr Trevor Glover, Cr David Graham, Cr Gil Kelly, Cr Abb McAlister, Cr Penny Nicholson
IN ATTENDANCE: Les McMahon (Interim General Manager), Glen McAtear (Acting Deputy General Manager), Ganesh Ganeshamoorthy (Manager Assets), Mark Ellis (Manager Civil Works), Craig Perrin (Acting Manager Development, Building and Compliance), Andrew Brock (Manager Facilities), Janelle Chapman (Acting Manager Regulatory Services), Matt Stubbs (Manager Technical Services)
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
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Resolution 117/2022 Moved: Cr Logan Collins Seconded: Cr Gil Kelly Council adjourn for Open Forum. |
List of Speakers
1. Marcia Thorburn – Addressed Council on the Wallendbeen Memorial Hall 100 Years Celebration.
2. Greg Quirk – Addressed Council on Silo Road, Wallendbeen.
3. Bronwyn Naughton – Spoke against the defunct proposed Cootamundra–Gundagai Rail Trail.
4. Kylie Tout – Spoke against the defunct proposed Cootamundra–Gundagai Rail Trail.
5. Jim Hamilton – Spoke against the defunct proposed Cootamundra–Gundagai Rail Trail.
6. Cathy Hamilton – Spoke against the defunct proposed Cootamundra–Gundagai Rail Trail.
7. Mark Lucas – Spoke against the defunct proposed Cootamundra–Gundagai Rail Trail.
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Resolution 118/2022 Moved: Cr Leigh Bowden Seconded: Cr Logan Collins Council resume the Open Meeting. |
Nil
Cr Kelly disclosed a Significant Non-Pecuniary Interest in Item 8.8.1 Sale of the Toyota Hiace Mini Bus.
Cr David Graham disclosed a Pecuniary Interest in item 10.1 Questions with Notice Procurement of Weed Spraying Chemicals.
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5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 22 March 2022 |
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Resolution 119/2022 Moved: Cr Leigh Bowden Seconded: Cr Gil Kelly The Minutes of the Ordinary Meeting of Council held on Tuesday 22 March 2022 be confirmed as a true and correct record of the meeting. |
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5.2 Minutes of the Extraordinary Meeting of Council held on Monday 28 March 2022 |
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Note: It was noted that Cr Graham was not in attendance at the Extraordinary Meeting as minuted. |
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Resolution 120/2022 Moved: Cr Leigh Bowden Seconded: Cr Logan Collins The Minutes of the Extraordinary Meeting of Council held on Monday 28 March 2022 be confirmed as a true and correct record of the meeting. |
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Procedural Motion |
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Note: At this point of the meeting the Mayor requested that standing orders be suspended to consider an urgent item on the proposals for the recruitment of a new General Manager. |
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Resolution 121/2022 Moved: Cr Gil Kelly Seconded: Cr Logan Collins That Standing Orders be suspended to consider the Proposals for the recruitment of a new General Manager as matter of urgency.
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proposal for the recruitment of a new general manager |
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Note: the Mayor advised that three (3) proposals had been received from recruitment companies for the recruitment of a new General Manager and that the proposal Local Government Management Solutions was considered to be the most competitive proposal. |
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Resolution 122/2022 Moved: Cr Gil Kelly Seconded: Cr Leigh Bowden
The proposal for the recruitment of the General Manager submitted by Local Government New South Wales Management Solutions for $12,000 be accepted. |
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Resolution 123/2022 Moved: Cr David Graham Seconded: Cr Gil Kelly The current recruitment panel comprise of the Mayor, Deputy Mayor, Cr Glover, Cr McAlister and the Interim General Manager.
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Resumption of standing orders |
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Resolution 124/2022 Moved: Cr Leigh Bowden Seconded: Cr Logan Collins That Standing Orders resume.
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Note: the following amendments were made at the meeting: 24th March, 2022 I also attended the interviews with candidates for the position of Interim General. 25th March, 2022 I also attended the interviews with candidates for the position of Interim General. 5th April, 2022 Cr Bowden was in attendance at the tree planting with students from Elouera special School and the Cootamundra Public School at the new Livvies Place Albert Park. Afterward we were given a tour of the progressing play space by Council’s Manager Waste, Parks and Recreation. |
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Resolution 125/2022 Moved: Cr Logan Collins Seconded: Cr Les Boyd The information in the Mayoral Minute be received and noted. |
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7.1 Minutes of the Audit, Risk and Improvement Committee (ARIC) Meeting held on Tuesday 5 April 2022 |
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Resolution 126/2022 Moved: Cr David Graham Seconded: Cr Abb McAlister The Minutes of the Audit, Risk and Improvement Committee (ARIC) Meeting held on Tuesday 5 April, 2022 be confirmed as a true and correct record of the meeting. |
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Resolution 127/2022 Moved: Cr Leigh Bowden Seconded: Cr Abb McAlister The Cootamundra-Gundagai Regional Council Draft Community Strategic Plan (CSP) be deferred to the Ordinary Meeting scheduled to be held 24th May 2022 for consideration. |
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Resolution 128/2022 Moved: Cr Gil Kelly Seconded: Cr Penny Nicholson The draft Code of Meeting Practice, attached to the report, be adopted. |
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8.1.3 Election of Councillor Leigh Bowden as Country Vice President of the Australian Local Government Women’s Association NSW Branch |
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Resolution 129/2022 Moved: Cr Penny Nicholson Seconded: Cr Trevor Glover 1. Council congratulate Cr Bowden (Deputy Mayor) on her recent election as the Country Vice President of the Australian Local Government Women’s Association NSW Branch Annual General Meeting. 2. Council support Cr Bowden to undertake her duties in this elected position not only in her attendance at conferences but also to fulfil her role at the executive and board meetings by way of the provision of a Council car. 3. The Australian Local Government Women’s Association NSW Branch be notified that Council will not cover the cost of accommodation at conferences or executive and board meetings. |
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Resolution 130/2022 Moved: Cr Abb McAlister Seconded: Cr Leigh Bowden 1. The attendance of the Mayor and Interim General Manager at the 2022 National General Assembly scheduled to be held in Canberra 19th - 22nd June, 2022 be endorsed. 2. Registration for each attendee must be finalised before 20th May, 2022 to receive the early bird rate of $989 per attendee. |
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Resolution 131/2022 Moved: Cr Gil Kelly Seconded: Cr Penny Nicholson 1. Councils Communications Officer promote the annual Community Grants Program with a closing date of Friday, 10th June, 2022. 2. A report containing all Community Grant Applications received by the closing be prepared and submitted to the Ordinary Meeting scheduled to be held Tuesday, 28th June, 2022 for the consideration of Council.
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8.1.6 Draft Use of Information Technology and Communication Devices Policy |
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Resolution 132/2022 Moved: Cr Logan Collins Seconded: Cr Abb McAlister The Draft Use of Information Technology and Communication Devices Policy, attached to the report, be adopted. |
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Resolution 133/2022 Moved: Cr Penny Nicholson Seconded: Cr Leigh Bowden The tabling of pecuniary interest returns from Councillors and designated persons be noted. |
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8.1.8 Stockinbingal Ellwood's Hall s.355 Committee Meeting Minutes |
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Resolution 134/2022 Moved: Cr Leigh Bowden Seconded: Cr Les Boyd The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting held 24th February and 24th March 2022, attached to the report, be received and noted. |
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8.1.9 The Arts Centre Cootamundra s.355 Committee Meeting Minutes |
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Resolution 135/2022 Moved: Cr Abb McAlister Seconded: Cr Penny Nicholson The Minutes of The Arts Centre Cootamundra s.355 Committee Ordinary Meeting held 17th March, 2022, attached to the report, be received and noted. |
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8.1.10 Wallendbeen Memorial Hall s.355 Committee Meeting AGM Minutes and Membership |
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Resolution 136/2022 Moved: Cr Leigh Bowden Seconded: Cr Les Boyd 1. The Minutes and supporting documentation of the Wallendbeen Memorial Hall s.355 Committee Annual General Meeting (AGM) held 16th March 2022, attached to the report, be received and noted. 2. The office bearers and membership of the Wallendbeen Memorial Hall s.355 Committee as detailed in the report and attached AGM minutes, be endorsed. |
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8.1.11 The Cootamundra Heritage Centre Management s.355 Committee Meeting Minutes |
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Resolution 137/2022 Moved: Cr Les Boyd Seconded: Cr Logan Collins 1. The Minutes of the Cootamundra Heritage Centre Management s.355 Committee Ordinary Meeting held on 7th March 2022, attached to the report, be received and noted. 2. The Minutes of the Cootamundra Heritage Centre Management s.355 Committee Annual General Meeting held on 7th March 2022, attached to the report, be received and noted. 3. The office bearer and membership of the Cootamundra Heritage Centre Management s.355 Committee as detailed in the report, be endorsed. |
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8.1.12 Muttama Creek Regeneration Group s.355 Committee Meeting Minutes |
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Resolution 138/2022 Moved: Cr Gil Kelly Seconded: Cr Penny Nicholson The Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held 7th February, 2022 attached to the report, be received and noted. |
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Resolution 139/2022 Moved: Cr Logan Collins Seconded: Cr Trevor Glover The Information Bulletin March 2022, and attached correspondence, be received and noted. |
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Resolution 140/2022 Moved: Cr Les Boyd Seconded: Cr Logan Collins The Council Meeting Action Report be noted. |
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Resolution 141/2022 Moved: Cr Abb McAlister Seconded: Cr Leigh Bowden The Investment Report for March, 2022 be received and noted. |
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Resolution 142/2022 Moved: Cr Les Boyd Seconded: Cr Logan Collins The Finance Report for March, 2022 and attached reports be received and noted. |
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Resolution 143/2022 Moved: Cr Leigh Bowden Seconded: Cr Les Boyd Council delegate authority to the Interim General Manager to execute the Business Cootamundra Memorandum of Understanding 2022/23 on behalf of Cootamundra-Gundagai Regional Council. |
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8.3.2 Proposal to Re-form s355 Committee for the Bradman Birthplace and Museum |
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Resolution 144/2022 Moved: Cr Leigh Bowden Seconded: Cr Trevor Glover 1. That a Section 355 Committee be formed to manage the Bradman’s Birthplace Museum with the following to be appointed and an induction be arranged through Coordinator Business: · Chairman – Eric Thorburn · Vice Chairman – Phil Moran · Secretary / Treasurer – Paul Burge · Committee – Brian Nolan, Charlie Donoghue · Member – Graeme Worboys · Councillor – Cr Collins 2. The Section 355 Committee take on all responsibilities of the management of the facility including: · Volunteer Roster Management · Merchandise Management · Garden Maintenance · Facilities Maintenance 3. The Interim General Manager facilitate further discussion to finalise financial controls and prepare a further report to Council once complete agreement is established. |
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8.3.3 Cootamundra Tourism Action Group Advisory Committee Meeting 7th April, 2022 |
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Resolution 145/2022 Moved: Cr Leigh Bowden Seconded: Cr Les Boyd 1. The Minutes of the Cootamundra Tourism Action Group Advisory Committee meeting held on 3rd March, 2022, attached to the report, be received and noted. 2. Council consider the recommendations contained within the minutes:
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8.4 Development, Building and Compliance
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Resolution 146/2022 Moved: Cr David Graham Seconded: Cr Penny Nicholson That Council approve the following development subject to the consent conditions below: · Application Number: DA2022/52 · Property: Lot 18 DP 18650 13 Murray Street, Cootamundra · Proposed Development: New Shed (ancillary to an existing dwelling)
GENERAL CONDITIONS
(1) GEN Condition - Compliance Standards
Any building and associated works shall comply with the statutory requirements of the Environmental Planning & Assessment Act, Local Government Act, 1993 and the Building Code of Australia (BCA).
Reason: The legal obligations of the Council to administer the New South Wales building and planning laws in order to provide satisfactory standards of living and development.
(2) GEN Condition - Compliance with Council
The Development being completed in accordance with plans and specifications stamped by Council listed in the table below and the Statement of Environmental Effects, except where varied by conditions of this consent.
Reason: To confirm the details of the application as submitted by the applicant and as approved by Council.
(3) GEN Condition - Utilities
Approval is given subject to the location of, protection of, and/or any necessary modifications to any existing public utilities situated within or adjacent to the subject property.
Reason: To ensure that any public utilities are maintained and protected from damage.
(4) Gen Condition – Not certify compliance with BCA or NCC
The issue of this Development Consent does not certify compliance with the relevant provisions of the Building Code of Australia or National Construction Code Series.
Reason: This consent does not certify compliance with the BCA or NCC.
PRIOR TO COMMENCEMENT OF WORKS (1) PCW Condition – Prior to Building Work Commencing.
The erection of a building in accordance with the development consent must not commence until:-
1. a construction Certificate for the building work has been issued by the consent authority, the council (if the council is not the consent authority) or an accredited certifier, and
2. the person having the benefit of the development consent has: a. appointed a principal certifying authority for the building work, and b. notified the principal certifying authority that the person will carry out the building work as an owner-builder, if that is the case, and
3. the principal certifying authority has, no later than 2 days before building works commences: a. notified the consent authority and the council (if the council is not the consent authority) of his or her appointment, and b. notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect to the building work, and
4. the person having the benefit of the development consent, if not carrying out the work as an owner-builder, has, a. appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential work is involved, and b. notified the principal certifying authority of any such appointment, and c. unless that person is the principal contractor, notified the principal contractor of any critical stage inspection or other inspections that are to be carried out in respect of the building work .
Reason: To ensure compliance with the requirements of the Environmental Planning and Assessment Regulations.
(2) PCW Condition – Signage.
Site signage shall apply and must be erected on the site in a prominent, visible position for the duration of the construction. The signage must include: -
1. Statement that unauthorised entry to the site is not permitted 2. Show the name of the builder or another person responsible for the site and a telephone number at which the builder or other person can be contacted outside working hours 3. The name, address and telephone contact of the Principal Certifying Authority for the work
Any structures erected to meet the requirements of this condition must be removed when it is no longer required for the purpose for which it was erected.
Reason: To meet the minimum requirements of the Environmental Planning & Assessment Regulation.
(3) PCW Condition – Notice of Commencement.
Prior to work commencing a ‘Notice of Commencement of Building Work and Appointment of Principal Certifying Authority’ shall be submitted to Council at least 2 days prior to work commencing.
Reason: To meet the minimum requirements of the Environmental Planning & Assessment Regulation.
(4) PCW Condition – Builders Toilets.
Provision being made for temporary WC accommodation on site prior to the commencement of excavation or other associated building works.
Reason: To ensure minimum standards of hygiene for onsite workers.
(5) PCW Condition – Residential Building Work.
Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information
1. In the case of work for which a principal contractor is required to be appointed: a. In the name and licence number of the principal contractor, and b. The name of the insurer by which the work is insured under Part 6 of that Act.
2. In the case of work to be done by an owner-builder: a. The name of the owner-builder and, b. If the owner builder is required to hold an owner builder permit under the Act, the number of the owner-builder permits.
If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (1) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.
Reason: Statutory compliance.
(6) PCW Condition – Siting of Building.
The applicant is responsible to ensure that the building is sited on the allotment and constructed to the design levels approved by Council as specified on the approved site plan.
Reason: To ensure the development is carried out on the correct allotment.
(7) PCW Condition – Waste Storage During Construction.
Provision shall be made on site for the proper storage and disposal of waste such that no builders' waste shall be left in the open. Specific attention should be given to items which are subject to relocation by the action of wind, e.g. Paper, sheets of iron, ridge capping, cement and lime bags and the like.
Reason: To ensure that the site is not a source of wind-blown litter.
(8) PCW Condition – Soil Erosion Control.
Site erosion control measures shall be incorporated into site management during construction. Seepage and surface water shall be collected and diverted clear of the building site by a drainage system. Care shall be taken to ensure that no nuisance is created to adjoining properties or public space by way of sediment run off.
Reason: To ensure that adequate measures are in place so that damage from sediment run off to adjoining sites and waterways is minimised.
(9) PCW Condition – Underground Services.
The applicant shall locate and identify all existing underground services prior to commencement of works and ensure there shall be no conflict between the proposed development and existing infrastructure including areas external to the development site where works are proposed.
Reason: To ensure the utility services are protected and satisfactory for the proposed development.
DURING CONSTRUCTION (1) DUR Condition – Works to be undertaken in Accordance with the Approval.
All proposed works to be undertaken are to be carried out in accordance with the conditions of development consent, approved construction certificate drawings and specifications.
Reason: ensure all works are carried out in accordance with the development consent.
(2) DUR Condition – Hours of Construction Site Works.
Construction site works including the entering and leaving of vehicles is limited to the following hours, unless otherwise permitted by Council:-
Monday to Saturday from 7.00am to 7.00pm Sundays and public holidays from 9.00am to 12.00pm
The applicant is responsible to instruct and control subcontractors regarding hours of work.
Reason: So that the development does not reduce the amenity of the area.
(3) DUR Condition – 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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 2. To the roadside table drain. The end of the storm water pipe at the table drain shall be suitably protected to avoid damage to the end of the pipe 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
(8) DUR Condition – Storm Water / Ground Water Diversion.
Run-off and ground water seepage shall be diverted around the building to the storm water system via a suitable ag drain or dish drain.
Reason: To minimise the opportunity for ponding and flooding.
POST CONSTRUCTION (1) POC Condition – Occupation of Building.
A person must not commence occupation or use of the whole or any part of the buildings unless an occupation certificate has been issued by the appointed Principal Certifying Authority.
Reason: So that the development is substantially completed to a safe standard to allow use or occupation of said building.
ONGOING USE (1) USE Condition – Business Use.
The shed 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.
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8.4.2 DA 2022-34 - Proposed Carport - 71 Olney Street, Cootamundra |
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Resolution 147/2022 Moved: Cr Penny Nicholson Seconded: Cr Leigh Bowden 1. That Council approve the following development subject to the consent conditions below: · Application Number: DA2022/34 · Property: Lot 10 DP 236999 71 Olney Street, Cootamundra · Proposed Development: New Carport (ancillary to an existing dwelling)
GENERAL CONDITIONS (1) GEN Condition - Compliance Standards
Any building and associated works shall comply with the statutory requirements of the Environmental Planning & Assessment Act, Local Government Act, 1993 and the Building Code of Australia (BCA).
Reason: The legal obligations of the Council to administer the New South Wales building and planning laws in order to provide satisfactory standards of living and development.
(2) GEN Condition - Compliance with Council
The Development being completed in accordance with plans and specifications stamped by Council listed in the table below and the Statement of Environmental Effects, except where varied by conditions of this consent.
Reason: To confirm the details of the application as submitted by the applicant and as approved by Council.
(3) GEN Condition - Utilities
Approval is given subject to the location of, protection of, and/or any necessary modifications to any existing public utilities situated within or adjacent to the subject property.
Reason: To ensure that any public utilities are maintained and protected from damage.
(4) Gen Condition – Not certify compliance with BCA or NCC
The issue of this Development Consent does not certify compliance with the relevant provisions of the Building Code of Australia or National Construction Code Series.
Reason: This consent does not certify compliance with the BCA or NCC.
PRIOR TO COMMENCEMENT OF WORKS (1) PCW Condition – Prior to Building Work Commencing.
The erection of a building in accordance with the development consent must not commence until:-
1. a construction Certificate for the building work has been issued by the consent authority, the council (if the council is not the consent authority) or an accredited certifier, and
2. the person having the benefit of the development consent has: a. appointed a principal certifying authority for the building work, and b. notified the principal certifying authority that the person will carry out the building work as an owner-builder, if that is the case, and
3. the principal certifying authority has, no later than 2 days before building works commences: a. notified the consent authority and the council (if the council is not the consent authority) of his or her appointment, and b. notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect to the building work, and
4. the person having the benefit of the development consent, if not carrying out the work as an owner-builder, has, a. appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential work is involved, and b. notified the principal certifying authority of any such appointment, and c. unless that person is the principal contractor, notified the principal contractor of any critical stage inspection or other inspections that are to be carried out in respect of the building work .
Reason: To ensure compliance with the requirements of the Environmental Planning and Assessment Regulations.
(2) PCW Condition – Signage.
Site signage shall apply and must be erected on the site in a prominent, visible position for the duration of the construction. The signage must include: - 1. Statement that unauthorised entry to the site is not permitted 2. Show the name of the builder or another person responsible for the site and a telephone number at which the builder or other person can be contacted outside working hours 3. The name, address and telephone contact of the Principal Certifying Authority for the work Any structures erected to meet the requirements of this condition must be removed when it is no longer required for the purpose for which it was erected. Reason: To meet the minimum requirements of the Environmental Planning & Assessment Regulation.
(3) PCW Condition – Notice of Commencement.
Prior to work commencing a ‘Notice of Commencement of Building Work and Appointment of Principal Certifying Authority’ shall be submitted to Council at least 2 days prior to work commencing.
Reason: To meet the minimum requirements of the Environmental Planning & Assessment Regulation.
(4) PCW Condition – Builders Toilets.
Provision being made for temporary WC accommodation on site prior to the commencement of excavation or other associated building works.
Reason: To ensure minimum standards of hygiene for onsite workers.
(5) PCW Condition – Residential Building Work.
Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information
1. In the case of work for which a principal contractor is required to be appointed: a. In the name and licence number of the principal contractor, and b. The name of the insurer by which the work is insured under Part 6 of that Act.
2. In the case of work to be done by an owner-builder: a. The name of the owner-builder and, b. If the owner builder is required to hold an owner builder permit under the Act, the number of the owner-builder permits.
If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (1) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.
Reason: Statutory compliance.
(6) PCW Condition – Siting of Building.
The applicant is responsible to ensure that the building is sited on the allotment and constructed to the design levels approved by Council as specified on the approved site plan.
Reason: To ensure the development is carried out on the correct allotment.
(7) PCW Condition – Waste Storage During Construction.
Provision shall be made on site for the proper storage and disposal of waste such that no builders' waste shall be left in the open. Specific attention should be given to items which are subject to relocation by the action of wind, e.g. Paper, sheets of iron, ridge capping, cement and lime bags and the like.
Reason: To ensure that the site is not a source of wind-blown litter.
(8) PCW Condition – Second Hand Materials.
No second hand materials are to be used on any external surface of the building unless made available for inspection and separately approved by Council prior to erection.
Reason: To ensure the external appearance of the building is maintained to an acceptable standard.
(9) PCW Condition – Underground Services.
The applicant shall locate and identify all existing underground services prior to commencement of works and ensure there shall be no conflict between the proposed development and existing infrastructure including areas external to the development site where works are proposed.
Reason: To ensure the utility services are protected and satisfactory for the proposed development. DURING CONSTRUCTION (1) DUR Condition – Works to be undertaken in Accordance with the Approval.
All proposed works to be undertaken are to be carried out in accordance with the conditions of development consent, approved construction certificate drawings and specifications.
Reason: ensure all works are carried out in accordance with the development consent.
(2) DUR Condition – Hours of Construction Site Works.
Construction site works including the entering and leaving of vehicles is limited to the following hours, unless otherwise permitted by Council:-
Monday to Saturday from 7.00am to 7.00pm Sundays and public holidays from 9.00am to 12.00pm
The applicant is responsible to instruct and control subcontractors regarding hours of work.
Reason: So that the development does not reduce the amenity of the area.
(3) DUR Condition – Footpath Storage.
Building materials not to be stored on Council footway or nature strip at any time.
Reason: To ensure an adequate level of public safety is maintained.
(4) DUR Condition – Waste Removal.
All debris and any waste fill are to be removed from the site and disposed of at Cootamundra Garbage Depot, in the building refuse section of the garbage depot. Please note that a separate fee applies for disposal of waste at Council's waste depot. You should contact Council's Works Operations Manager for an estimate of costs in this regard.
Reason: To ensure that the amenity and unsightly condition is minimised.
(5) DUR Condition – Tree Protection - Nature Strip.
Existing trees which are located on the nature-strip shall be protected during the construction period.
Reason: The Council's concern that the amount of vegetation in the Shire should continue to increase to improve the climate and appearance.
(6) DUR Condition - BCA Compliance.
All building work (other than work relating to the erection of a temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate was made).
Reason: To ensure the building complies with the BCA. (7) DUR Condition – Inspections.
The Principal Certifying Authority is to be given a minimum of 48 hours’ notice prior to any critical stage inspection or any other inspection nominated by the Principal Certifying Authority via the notice issued under Section 91A of the Environmental Planning and Assessment Act 1979.
All building work (other than work relating to the erection of a temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate was made).
Reason: To ensure that adequate time is given of required inspections. (8) DUR Condition – Restricted Public Access.
It is the responsibility of the applicant to restrict public access to the building site, building works or materials or equipment on the site when building work is not in progress or the site is otherwise unoccupied in accordance with WorkCover Regulations.
Reason: To ensure public safety is maintained.
(9) DUR Condition – Storm Water.
Storm water is to be discharged: -
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
(10) 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 – Carport Enclosure Prohibited.
The open sides of the carport are not to be enclosed at any point in time without the prior consent of Council.
Reason: Statutory compliance with the fire separation requirements of the Building Code of Australia. (3) USE Condition – Clean and Tidy.
The premises are to be maintained in a clean and tidy condition at all times.
Reason: So that the development does not reduce the amenity of the area. (4) USE Condition –Amenity General.
The development is to be conducted in a manner that will not interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil, by causing interference to television or radio reception or otherwise.
Reason: So that the development does not reduce the amenity of the area.
(5) USE Condition – Non Habitable Use. The carport is not to be used for residential occupation without prior consent of Council.
Reason: Health and safety prohibition.
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8.4.3 DA 2022-30 Proposed Shed and Carport (Garaport) - 17 Warren Street Cootamundra |
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Resolution 148/2022 Moved: Cr Les Boyd Seconded: Cr Trevor Glover Attachment 2.0 Recommended Conditions: Council Item Number 8.4.3 - DA 2022-30 Proposed Shed and Carport (Garaport) – 17 Warren Street Cootamundra Council Determination - Council Approved subject to: - no objection to relocating the proposed development from the adjoining neighbour (15 Warren Street Cootamundra); - an additional condition (to the conditions listed below) requiring the proposed shed and carport be moved back to the building line from the original proposal; - the following conditions contained in Attachment 2.0 Recommended Conditions: DATE OF COUNCIL MEETING: 16 May 2022 DEVELOPMENT REFERENCE: DA 2022/30 DEVELOPMENT ADDRESS: 17 Warren Street COOTAMUNDRA DEVELOPMENT LOT / SEC / PLAN: Lot: 19 / Section B / DP: 1975 PROPERTY OWNER:
Council approved the following development, of 100m2 shed subject to the consent conditions below:
▪ Application No.: DA2022/30 ▪ Property: Lot 19 / Section B / DP1975 17 Warren Street COOTAMUNDRA NSW 2590
▪ Development: To construct new (6m x 12m) shed and carport (Garaport) Colourbond clad shed as ancillary to the existing dwelling
Application Council Approved subject to the following conditions and reasons: - Attachment 2.0 Recommended Conditions: Council Item Number 8.4.3 - DA 2022-30 Proposed Shed and Carport (Garaport) – 17 Warren Street Cootamundra
DATE OF COUNCIL MEETING: 16 May 2022 DEVELOPMENT REFERENCE: DA 2022/30 DEVELOPMENT ADDRESS: 17 Warren Street COOTAMUNDRA DEVELOPMENT LOT / SEC / PLAN: Lot: 19 / Section B / DP: 1975 PROPERTY OWNER: Michael Purtell
Council approved the following development, of 100m2 shed subject to the consent conditions below:
▪ Application No.: DA2022/30 ▪ Property: Lot 19 / Section B / DP1975 17 Warren Street COOTAMUNDRA NSW 2590
▪ Development: To construct new (6m x 12m) shed and carport (Garaport) Colourbond clad shed as ancillary to the existing dwelling
Determination and Conditions: Application Council Approved subject to the following conditions and reasons: - GENERAL CONDITIONS (1) GEN Condition - Compliance Standards
Any building and associated works shall comply with the statutory requirements of the Environmental Planning & Assessment Act, Local Government Act, 1993 and the Building Code of Australia (BCA).
Reason: The legal obligations of the Council to administer the New South Wales building and planning laws in order to provide satisfactory standards of living and development.
(2) GEN Condition - Compliance with Council
The Development being completed in accordance with plans and specifications stamped by Council listed in the table below and the Statement of Environmental Effects, except where varied by conditions of this consent.
Reason: To confirm the details of the application as submitted by the applicant and as approved by Council.
(3) GEN Condition - Utilities
Approval is given subject to the location of, protection of, and/or any necessary modifications to any existing public utilities situated within or adjacent to the subject property.
Reason: To ensure that any public utilities are maintained and protected from damage.
(4) Gen Condition – Not certify compliance with BCA or NCC
The issue of this Development Consent does not certify compliance with the relevant provisions of the Building Code of Australia or National Construction Code Series.
Reason: This consent does not certify compliance with the BCA or NCC.
(5) Gen Condition - Road Opening and Closing Permit.
If it is proposed to construct a new or alter the existing 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. 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.
(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 – 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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 2. To the roadside table drain. The end of the storm water pipe at the table drain shall be suitably protected to avoid damage to the end of the pipe
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
(8) DUR Condition – Storm Water / Ground Water Diversion.
Run-off and ground water seepage shall be diverted around the building to the storm water system via a suitable ag drain or dish drain.
Reason: To minimise the opportunity for ponding and flooding. POST CONSTRUCTION (1) POC Condition – Occupation of Building.
A person must not commence occupation or use of the whole or any part of the buildings unless an occupation certificate has been issued by the appointed Principal Certifying Authority.
Reason: So that the development is substantially completed to a safe standard to allow use or occupation of said building. ONGOING USE (1) USE Condition – Business Use.
The shed 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.
And no submission from neighbour notification
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Resolution 149/2022 Moved: Cr Penny Nicholson Seconded: Cr Leigh Bowden The information on Development applications approved in March, 2022 be received and noted. |
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Resolution 150/2022 Moved: Cr David Graham Seconded: Cr Abb McAlister The Regulatory Report for March, 2022 be received and noted. |
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8.6.1 Integrated Water Cycle Management Engagement and Funding Deed through the Department of Planning and Environment |
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Resolution 151/2022 Moved: Cr David Graham Seconded: Cr Logan Collins 1. The Interim General Manager be delegated authority to execute the NSW Department Planning and Environment - Funding Deed – Integrated Water Cycle Management Project attached to the report. 2. NSW Public Advisory Works - Proposal - Preparation of an Integrated Water Cycle Management Strategy - additional works, attached to the report be endorsed. 3. The Safe and Secure Water Program – Subsidy Levels, attached to the report be noted. |
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8.7.1 Civil Works and Technical Services Report - April 2022 |
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Resolution 152/2022 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson The Civil Works and Technical Services Report for the month of April, 2022 be received and noted. |
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8.7.2 Tender Refresh - Wet and Dry Plant Hire RFT2021/15 |
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Resolution 153/2022 Moved: Cr Gil Kelly Seconded: Cr Logan Collins 1. The Open Tendering Method for the refresh of the panel contract for Wet and Dry Plant Hire be endorsed. 2. A further report be prepared and submitted for the consideration of Council at the completion of the tendering process. |
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8.8.1 Expressions of Interest to purchase the 2017 Toyota Hiace Mini Bus |
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Note: Having disclosed a significant non-pecuniary interest in this item Cr Kelly left the meeting. |
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Resolution 154/2022 Moved: Cr Logan Collins Seconded: Cr Abb McAlister 1. That preference be given to the Gundagai Neighbourhood Centre for the sale of the 2017 Toyota Hiace Mini Bus for $45,000. 2. If the Gundagai Neighbourhood Centre does not want the bus then it be sold to the Cootamundra Ex-Services Club |
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Resolution 155/2022 Moved: Cr Leigh Bowden Seconded: Cr Logan Collins The Facilities Works report for April, 2022 be received and noted. |
8.10 Waste, Parks and Recreation
Nil
9 Motion of which Notice has been Given
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9.1 Notice of Motion - All salvageable timber from the dismantling of the historic Gundagai Prince Alfred Bridge be quarantined at the Gundagai Landfill facility until such time that fitting projects or tributes are nominated to memorialise the bridge and it is known how the precious timber will be used and how much of the timber is required. |
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Resolution 156/2022 Moved: Cr Abb McAlister Seconded: Cr Penny Nicholson All salvageable timber from the dismantling of the historic Gundagai Prince Alfred Bridge be quarantined at the Gundagai Landfill facility until such time that a fitting project or projects are nominated to memorialise the bridge and it is known how the precious timber will be used and how much of the timber is required. |
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9.2 Notice of Motion - An invitation be extended immediately to the Minister for Local Government, the Hon. Wendy Tuckerman, MP - to visit and tour the Local Government Area, speaking with Councillors and community members at a grass-roots level, discussing the real issues and concerns affecting the merged Council. |
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Resolution 157/2022 Moved: Cr Penny Nicholson Seconded: Cr Leigh Bowden |
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9.3 Notice of Motion - Funding options be explored to obtain Electrical Vehicle Charging stations to be installation in Gundagai and Cootamundra and villages. Advice, guidance and strategy be sought from Council's Manager Community and Culture, Mrs Miriam Crane, prior to her last day with Cootamundra-Gundagai Regional Council. |
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Resolution 158/2022 Moved: Cr Penny Nicholson Seconded: Cr Logan Collins Funding options be explored to obtain Electrical Vehicle Charging stations to be installation in Gundagai and Cootamundra and villages. Advice, guidance and strategy be sought from Council's Manager Community and Culture, Mrs Miriam Crane, prior to her last day with Cootamundra-Gundagai Regional Council. |
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Note: Having disclosed a pecuniary interest in this item Cr Graham left the meeting. |
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Resolution 159/2022 Moved: Cr Abb McAlister Seconded: Cr Logan Collins The Questions with Notice from Councillors and related responses from Council officers be noted. |
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Resolution 160/2022 Moved: Cr Logan Collins Seconded: Cr Trevor Glover 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 Mowing of Sporting Fields Provisions for Confidentiality Section 10A (2) (c) – The Confidential Report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 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 Road Closure Tom Street Gundagai Provisions for Confidentiality Section 10A (2) (b) – The Confidential Report contains discussion in relation to the personal hardship of a resident or ratepayer. Public Interest N/A.
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Resolution 161/2022 Moved: Cr Leigh Bowden Seconded: Cr Gil Kelly 1. Council is to assume all responsibility for the maintenance of ANZAC Park, Stan Crowe and Owen Vincent Ovals. 2. The Interim General Manager undertake discussions with Gundagai District Services Club regarding the historical arrangements in relation to the Gundagai Golf Course. |
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Resolution 162/2022 Moved: Cr Trevor Glover Seconded: Cr Abb McAlister 1. The submissions received on the closure of Tom Street Gundagai between Camphor Lane and Camphor Street, attached to the report, be noted. 2. The closure of Tom Street Gundagai between Camphor Lane and Camphor Street in accordance with Part 4, Division 3 of the Roads Act 1993 be finalised. 3. Council pay all costs associated with the closure of Tom Street Gundagai. 4. A report be prepared with an identified funding source. |
11.4 Resumption of Open Council Meeting
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Resolution 163/2022 Moved: Cr Logan Collins Seconded: Cr Les Boyd The Open Council meeting resume. |
11.5 Announcement of Closed Council Resolutions
Note: The Chairperson announced the resolutions made in Closed Council.
The Meeting closed at 9:20 PM.
The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 24 May 2022.
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CHAIRPERSON GENERAL MANAGER