Minutes Ordinary Council Meeting
Alby Schultz Meeting Centre, Cootamundra
6:00PM, Tuesday 28th June, 2022
Administration Centres: 1300 459 689 |
Ordinary Council Meeting Minutes |
28 June 2022 |
MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council
Meeting
HELD AT THE Alby
Schultz Meeting Centre, Cootamundra
ON Tuesday, 28 June
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), Mark Ellis (Manager Civil Works), Andrew Brock (Manager Facilities), Wayne Bennett (Manager Waste, Parks & Recreation Services), John Blackman (Manager Finance)
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.
Nil
Nil
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5.1 Minutes of the Extraordinary Meeting of Council held on Tuesday 31 May 2022 |
Resolution 203/2022 Moved: Cr Leigh Bowden Seconded: Cr David Graham
The Minutes of the Extraordinary Meeting of Council held on Tuesday 31 May 2022 be confirmed as a true and correct record of the meeting. |
5.2 Minutes of the Ordinary Meeting of Council held on Tuesday 24 May 2022 |
Resolution 204/2022 Moved: Cr Abb McAlister Seconded: Cr Penny Nicholson The Minutes of the Ordinary Meeting of Council held on Tuesday 24 May 2022 be confirmed as a true and correct record of the meeting. |
6.1 Mayoral Minute - Riverina Eastern Regional Organisation of Councils (REROC) and Riverina Joint Organisation (JO) Meeting with State Ministers at Parliament House. |
Resolution 205/2022 Moved: Cr Abb McAlister Seconded: Cr David Graham The information in the Mayoral Minute be received and noted.
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Resolution 206/2022 Moved: Cr Leigh Bowden Seconded: Cr Gil Kelly The information in the Mayoral Minute be received and noted. |
Note: the following amendments were made at the meeting: 19th – 22nd June 2022 Cr Bowden (Deputy Mayor) did not attend the Australian Local Government National General Assembly in Canberra with the Interim General Manager and me. 20th June 2022 Cr Bowden (Deputy Mayor) attended the ALGWA Breakfast held at the Australian Local Government National General Assembly. |
Resolution 207/2022 Moved: Cr Logan Collins Seconded: Cr Penny Nicholson The information in the Mayoral Minute be received and noted. |
Resolution 208/2022 Moved: Cr David Graham Seconded: Cr Abb McAlister Council congratulate Miss Casey Polsen for her outstanding achievement of being awarded the Riverina Region Trainee of the Year for 2022. |
7 Reports from Committees
7.1 Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 12 May 2022 |
Resolution 209/2022 Moved: Cr Logan Collins Seconded: Cr David Graham 1. The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 12 May 2022 be confirmed as a true and correct record of the meeting. 2. Council consider the recommendations, if any, contained within the Minutes. |
At 6:22 pm, Cr Penny Nicholson left the meeting.
7.2 Minutes of the Cootamundra Aerodrome Users Advisory Group Meeting held on Wednesday 8 June 2022 |
Resolution 210/2022 Moved: Cr Leigh Bowden Seconded: Cr Trevor Glover 1. The Minutes of the Cootamundra Aerodrome Users Advisory Group Meeting held on Wednesday 8 June 2022, attached to the report, be received and noted. 2. Recommendations in the Minutes, as detailed in the report, be considered by Council. |
Resolution 211/2022 Moved: Cr Logan Collins Seconded: Cr David Graham 1. The draft Organisational Structure, attached to the report, be received, and endorsed by Council. 2. Council acknowledge the anticipated savings of $400,000 in salaries. 3. Council accept a number of staff will be made redundant and their entitlements paid out as part of Award provisions. |
At 6:29 pm, Cr Penny Nicholson returned to the meeting.
8.1.2 Final Delivery Program, Operational Plan and Resourcing Strategy |
Resolution 212/2022 Moved: Cr David Graham Seconded: Cr Leigh Bowden 1. The submissions in response to the public exhibition of the draft 2022/2025 Delivery Program and draft 2022/2023 Operational Plan (incorporating Revenue Policy, Fees & Charges and budget) and draft 2022/2032 Long-Term Financial Plan be considered. 2. The draft Cootamundra-Gundagai Regional Council 2022/2025 Delivery Program and 2022/2023 Operational Plan be adopted by Council. 3. The draft Cootamundra-Gundagai Regional Council 2022/2032 Long Term Financial Plan (Part of the Resourcing Strategy), be adopted by Council. 4. The draft Cootamundra-Gundagai Regional Council 2022/2025 Workforce Management Plan (Part of the Resourcing Strategy) be endorsed by Council. 5. Submissions received after the creation of the business paper, be considered, and appropriate changes be incorporated into the required plans prior to adoption. |
At 6:35 pm, Cr Penny Nicholson left the meeting and did not return.
Resolution 213/2022 Moved: Cr Leigh Bowden Seconded: Cr Les Boyd 1. That Council award the coordination of the Coota Beach Volleyball event for 2023 to Business Cootamundra. 2. That the $20,000 Ex GST already allocated to the event be transferred to Business Cootamundra. |
Resolution 214/2022 Moved: Cr Abb McAlister Seconded: Cr Logan Collins 1. The Donations budget be increased annually in line with the consumer price index. 2. Council approves the Community Donation Applications as detailed in the report. 3. That the policy be reviewed and submitted to Council for approval. |
Resolution 215/2022 Moved: Cr Trevor Glover Seconded: Cr Abb McAlister 1. Council note the large number of event proposals submitted by the community. 2. Council approve the proposed events listed in this report being submitted as part of an application to the Reconnecting Regional NSW - Community Events Program. |
8.1.6 Authority to Affix the Common Seal of Council - Riverina Regional Library Deed of Agreement |
Resolution 216/2022 Moved: Cr Leigh Bowden Seconded: Cr David Graham Authority be granted to the Mayor and Interim General Manager to affix the common seal of Council and sign the Riverina Regional Library (RRL) Deed of Agreement for the period 2022/2026. |
Resolution 217/2022 Moved: Cr Leigh Bowden Seconded: Cr Gil Kelly The report on the Local Government NSW Destination and Visitor Economy Conference be noted. |
8.1.8 The Cootamundra Heritage Centre Management s.355 Committee Meeting Minutes |
Resolution 218/2022 Moved: Cr David Graham Seconded: Cr Les Boyd The Minutes of the Cootamundra Heritage Centre Management s.355 Committee Ordinary Meeting held on 2nd May, 2022, attached to the report, be noted. |
8.1.9 Muttama Creek Regeneration Group s.355 Committee Meeting Minutes |
Resolution 219/2022 Moved: Cr Leigh Bowden Seconded: Cr Trevor Glover The Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held 4th April, 2022 attached to the report, be received and noted. |
8.1.10 Muttama Hall Management s.355 Committee Meeting Minutes |
Resolution 220/2022 Moved: Cr Trevor Glover Seconded: Cr Gil Kelly The Minutes of the Muttama Hall Management s.355 Committee meeting held 4th May, 2022 attached to the report, be received and noted. |
8.1.11 Stockinbingal Ellwood's Hall s.355 Committee Meeting Minutes |
Resolution 221/2022 Moved: Cr Gil Kelly Seconded: Cr Logan Collins The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting held 26th May, 2022, attached to the report, be noted. |
8.1.12 Cootamundra Tourism Action Group (Advisory Committee) - 2nd June 2022 - Minutes |
Resolution 222/2022 Moved: Cr Les Boyd Seconded: Cr Abb McAlister The Minutes of the Cootamundra Tourism Action Group (Advisory Committee), attached to the report be noted. |
Resolution 223/2022 Moved: Cr Abb McAlister Seconded: Cr David Graham The Investment Report for May, 2022 be received and noted. |
Resolution 224/2022 Moved: Cr David Graham Seconded: Cr Logan Collins 1. ORDINARY RATES In accordance with the provisions of Section 535 of the Local Government Act 1993 Cootamundra Gundagai Regional Council hereby resolves to make the following rates for the 2022/23 rating year: a) Farmland Category Rate of 0.29266 cents in the dollar, with a base amount of $427.00 per assessment, for all rateable land within the Farmland Category in Council’s area, as defined in Section 515 of the Local Government Act 1993, based upon the land value at a base valuation date of 1 July 2019. The base amount for the Farmland Category is estimated to realise 10.55% of the total yield in this category. b) Residential Category Rate of 0.67946 cents in the dollar, with a base amount of $427.00 per assessment, for all rateable land within the Residential Category in Council’s area, as defined in Section 516 of the Local Government Act 1993, based upon the land value at a base valuation date of 1 July 2019. The base amount for the Residential Category is estimated to realise 45.49% of the total yield of this category. c) Business Category Rate of 1.67157 cents in the dollar, with a base amount of $427.00 per assessment, for all rateable land within the Business Category in Council’s area, as defined in Section 518 of the Local Government Act 1993, based upon the land value at a base valuation date of 1 July 2019. The base amount for the Business Category is estimated to realise 19.51% of the total yield of this category. d) Mining Rate of 0.29266 cents in the dollar, with a base amount of $427.00 per assessment, for all rateable land within the Mining Category in Council’s area, as defined in Section 517 of the Local Government Act 1993, based upon the land value at a base valuation date of 1 July 2019. 2. WASTE MANAGEMENT CHARGES In accordance with the provisions of Sections 535, 496 and 501 of the Local Government Act 1993 Council hereby resolves to make the following domestic waste management and waste management charges for the 2022/23 rating year: a) Domestic Waste Management Charge of $486.00 per annual service for each parcel of rateable residential land within the Gundagai, Cootamundra, Stockinbingal & Wallendbeen Scavenging Areas for which the service is available, excluding vacant and unoccupied land. The levying of such charge is to entitle the ratepayer to a regular weekly service of one 120 litre bin for domestic rubbish and a fortnightly service of one 240 litre bin for recyclable domestic rubbish. b) Green Waste/Organics Charge of $63.50 per annual service for each parcel of rateable residential land within the Gundagai, Cootamundra, Stockinbingal & Wallendbeen Scavenging Areas for which the service is available, excluding vacant and unoccupied land. The levying of such charge is to entitle the ratepayer to a regular fortnightly service of one 240 litre bin for green domestic waste. c) Residential Waste Management – Other Charge of $486.00 per annual service for each assessment of residential land outside of the Gundagai, Cootamundra, Stockinbingal & Wallendbeen Scavenging Areas, for which the service is available and required. The levying of such charge is to entitle the ratepayer to a regular weekly service of one 140 litre bin for domestic rubbish, a fortnightly service of one 240 litre bin for recyclable domestic rubbish. (Ratepayers for whom this service is requested and available, may also elect to be provided with a Green Waste/Organics service subject to the charge as noted in d) below.) d) Green Waste/Organics Charge – Other Charge of $63.50 per annual service for each assessment of residential land outside of the Gundagai, Cootamundra, Stockinbingal & Wallendbeen Scavenging Areas, for which the service is available and required. The levying of such charge is to entitle the ratepayer to a regular fortnightly service of one 240 litre bin for domestic green waste e) Rural Waste Charge of $72.00 on each parcel of rateable land outside the Gundagai, Cootamundra, Stockinbingal & Wallendbeen Scavenging areas, and for which there is no service being provided as noted in c) above. f) Commercial Waste Management Charge of $486.00 per service for the removal of waste (one 240 litre general waste pickup per week and one 240 litre recyclable waste pickup per fortnight) from Non-Residential properties for which the service is requested and available. Multiple services will be charged for multiple bins and/or collections per week. g) Unoccupied (Vacant Land) Waste Charge of $72.00 on each parcel of rateable land within the Gundagai, Cootamundra, Stockinbingal & Wallendbeen Scavenging areas for which a domestic waste management service is available, but the land is vacant and unoccupied. 3. STORMWATER MANAGEMENT SERVICE CHARGE In accordance with the provisions of Section 535, 496A and 510A of the Local Government Act 1993, Cootamundra Gundagai Regional Council hereby resolves to make the following annual stormwater management service charges, in respect of occupied rateable land within the urban area of Cootamundra, excepting Council owned or controlled parks, land and buildings, or other land exempt as per Section 496A(2) of the Local Government Act 1993, for the 2022/23 rating year: a) Residential Stormwater Management Charge of $25.00 per annum per residential assessment of occupied rateable land within the townships of Gundagai & Cootamundra, excepting Council owned or controlled parks, lands and buildings, or other land exempt as per Section 496A(2) of the Local Government Act 1993, and excluding land that is part of a residential strata allotment. b) Residential Strata Stormwater Management Charge of $12.50 per annum per residential Strata assessment within the townships of Gundagai & Cootamundra, excepting Council owned or controlled parks, lands and buildings, or other land exempt as per Section 496A(2) of the Local Government Act 1993. c) Business (Non-Residential) Stormwater Management Charge of $25.00 for each 350 square meters of area of land or part thereof of land categorised as business, subject to a minimum of $25.00 per annum per assessment and a maximum charge of $250.00 per annum per assessment within the townships of Gundagai & Cootamundra, excepting Council owned or controlled parks, lands and buildings, or other land exempt as per Section 496A(2) of the Local Government Act 1993. c) Business (Non-Residential) Stormwater Management Charge being the greater of $5.00, or the assessment’s proportion of the charge that would apply if the total land area was not strata’d, per annum per business strata assessment within the townships of Gundagai & Cootamundra, excepting Council owned or controlled parks, lands and buildings, or other land exempt as per Section 496A(2) of the Local Government Act 1993. 4. ON-SITE SEWERAGE MANAGEMENT ADMINISTRATION CHARGE In accordance with the provisions of Sections 535 and 501 of the Local Government Act 1993 Council hereby resolves to make the following domestic waste management and waste management charges for the 2022/23 rating year: On-Site Sewerage Management Administration Charge of $49.00 per annum for properties for which on-site sewerage services are available and connected. 5. WATER CONSUMPTION CHARGES In accordance with the provisions of Section 535 and 502 of the Local Government Act 1993, Cootamundra Gundagai Regional Council hereby resolves to make the following water consumption charges for the 2022/23 rating year: a) Water Usage Charge of $2.16 per kilolitre for usage up to and including 39 kilolitres per quarter, and thereafter $3.24 per kilolitre for water usage exceeding 39 kilolitres per quarter, for all land connected to the water supply, excepting that land as identified as subject to the charges in 5.b) below. b) Non-Residential Community Water Usage Charge of $1.62 per kilolitre for usage up to and including 39 kilolitres per quarter, and thereafter $2.43 per kilolitre for usage exceeding 39 kilolitres per quarter, for land to which the water supply is available and connected and whereby Council has by resolution identified the assessment as being subject to Non-Residential Community Water Usage charges. 6. NON-RESIDENTIAL SEWER USAGE CHARGES In accordance with the provisions of Section 535 and 502 of the Local Government Act 1993, Cootamundra Gundagai Regional Council hereby resolves to make the following non-residential sewer usage charges for the 2022/23 rating year: Non-Residential Sewer Usage Charge of $2.87 per kilolitre of the volume of sewerage discharged. The volume of sewerage discharged shall be calculated by multiplying the volume of water measured at the water meter(s) connected to the property, based on actual usage per kilolitre, by the sewerage discharge factors (SDF) for the predominant use of the land as follows:
7. WATER ACCESS CHARGES The annual water access charges as identified below are charged quarterly in arrears. In accordance with the provisions of Section 535 and 501 of the Local Government Act 1993, Cootamundra Gundagai Regional Council hereby resolves to make the following annual water access charges for the 2022/23 rating year: a) Residential Water Access Charge on residential land to which the water supply is available and connected, excluding land that is part of a residential strata allotment, in accordance with the number and size of water service meters connected to the land as follows;
b) Residential Strata Water Access Charge of $432.00 per annum per residential Strata assessment for which the water supply is available and connected. c) Non Residential Water Access Charge in respect of non-residential land to which the water supply is available and connected, excluding land that is part of a strata allotment and that land that is identified as liable for charges outlined in 7.e) below, in accordance with the number and size of water service meters connected to the parcel as follows (excluding fire service meters);
d) Non-Residential Strata Water Access Charge of $432.00 per annum per non-residential Strata assessment for which the water supply is available and connected.
e) Non-Residential Community Water Access Charge in respect of non-residential land to which the water supply is available and connected, and whereby Council has by resolution identified the assessment as being subject to Non-Residential Community Water Access charges, in accordance with the number and size of water service meters connected to the parcel as follows (excluding fire service meters):
8. VACANT WATER ACCESS CHARGES In accordance with the provisions of Section 535 and 501 of the Local Government Act 1993, Cootamundra Gundagai Regional Council hereby resolves to make the following annual vacant water access charges for the 2022/23 rating year: a) Vacant Residential Water Access Charge of $432.00 per annum per residential assessment to which the water supply is available but not connected. b) Vacant Non-Residential Water Access Charge of $432.00 per annum per non-residential assessment to which the water supply is available but not connected. c) Vacant Non-Residential Community Water Access Charge of $216.00 per annum per non-residential assessment whereby Council has by resolution identified the assessment as being subject to the Vacant Non-Residential Community Water Access Charge. 9. SEWER ACCESS CHARGES The annual sewer access charges as identified below are charged quarterly in arrears. In accordance with the provisions of Section 535 and 501 of the Local Government Act 1993, Cootamundra Gundagai Regional Council hereby resolves to make the following annual sewer access charges for the 2022/23 rating year: a) Residential Sewer Access Charge of $649.00 per annum per residence to which sewerage services are available and connected. b) Non-Residential Sewer Access Charge in respect of non-residential land to which sewerage services are available and connected, excepting land identified as liable for the charges as outlined in 9.c) below, in accordance with the number and size of the water service meters connected to the land as follows (excluding fire service meters);
c) Non-Residential Community Sewer Access Charge in respect of non-residential land to which sewerage services are available and connected, and whereby Council has by resolution identified the assessment as being subject to Non-Residential Community Sewer Access charges, in accordance with the number and size of water service meters connected to the land as follows (excluding fire service meters):
10. VACANT SEWER ACCESS CHARGES In accordance with the provisions of Section 535 and 501 of the Local Government Act 1993, Cootamundra Gundagai Regional Council hereby resolves to make the following annual vacant sewer access charges for the 2022/23 rating year: a) Vacant Residential Sewer Access Charge of $379.00 per annum per residential assessment to which the water supply is available but not connected. b) Vacant Non-Residential Sewer Access Charge of $379.00 per annum per non-residential assessment to which the water supply is available but not connected. c) Vacant Non-Residential Community Sewer Access Charge of $189.50 per annum per non-residential assessment to which sewerage services are available but not connected, and whereby Council has by resolution identified the assessment as being subject to Vacant Non-Residential Community Access Charges 11. LIQUID TRADE WASTE CHARGES The annual trade waste charges as identified below are charged bi-annual in arrears. In accordance with the provisions of Section 535 and 502 of the Local Government Act 1993, Council hereby resolves to make the following trade waste charges for the 2022/23 rating year: a) Trade Waste Annual Fee on non-residential land connected to the sewerage service of $250.00 where liquid trade waste is discharged.
b) Trade Waste Usage Charge on (Category 2) non-residential land connected to the sewerage service of $4.33 per kilolitre of the estimated volume of liquid trade waste discharged to the sewerage system with prescribed pre-treatment. The volume of liquid trade waste discharged shall be calculated by multiplying the volume of water measured at the water meter(s) connected to the property, based on actual usage per kilolitre, by the trade waste discharge factors (TWDF) for the predominant use of the property as follows:
12. INTEREST ON OVERDUE RATES & CHARGES Interest on overdue rates and charges for the 2022-23 rating year has been set by Council at the maximum rate of interest payable as determined by the Minister of Local Government of 6.0% per annum, calculated daily, in accordance with Section 566 of the Local Government Act 1993. 13. COMMUNITY BASED NOT FOR PROFIT ORGANISATIONS Cootamundra-Gundagai Regional Council hereby resolves to make the assessments shown below as being those assessments to which Non-Residential Community Water Access Charges, Non-Residential Community Sewer Access Charges, Non-Residential Community Water Usage Charges, and Community Use Sewerage and Trade Waste Discharge Factors shall apply as follows:
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8.3.1 Extension of Memorandum of Understanding with Paranormal Entertainment |
Resolution 225/2022 Moved: Cr Abb McAlister Seconded: Cr Logan Collins 1. Council extend Memorandum of Understanding with Paranormal Entertainment (trading as APPI Ghost Hunts & Tours) to conduct ghost hunts and other activities at the Old Gundagai Gaol until 31st July, 2023. |
8.3.2 Gundagai Tourism Action Group (Advisory Committee) 6th June 2022 - Minutes |
Resolution 226/2022 Moved: Cr Abb McAlister Seconded: Cr David Graham 1. The Minutes of the Gundagai Tourism Advisory Group meeting held 6th June, 2022, attached to the report, be noted. 2. Council considers the recommendations contained within the minutes and acknowledges the work that needs to be done and the various matters contained within the minutes and will address the Committee concerns accordingly. |
8.4 Development, Building and Compliance
Resolution 227/2022 Moved: Cr Leigh Bowden Seconded: Cr Logan Collins The information on Development Applications approved in May 2022 be received and noted. |
8.4.2 Development Application 2022/63 Construct dwelling and shed at 15 George Street Wallendbeen - Variation to Development Standard |
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Resolution 228/2022 Moved: Cr Leigh Bowden Seconded: Cr Trevor Glover Council approve the following development subject to the consent conditions below: · Application No: DA2022/63 · Property: Lot: 2 DP: 1103227 15 George Street WALLENDBEEN NSW 2588 · Development: New dwelling and attached 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.
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 - Section 94A Contributions. At the time of submission of a Construction Certificate all owning monies as they relate to Section 94A contributions must be paid in full. Section 94A 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 - Certificates in Relation to Energy Efficiency. Prior to obtaining a Construction Certificate, the Applicant shall furnish Council with Certificates in relation to energy efficiency. In general terms, these certificates shall be provided by appropriately qualified persons and reference compliance of the particular element of construction with requirements of BASIX. Certificates shall be provided for the following parts of construction: 1. Building Fabric 2. External Glazing 3. Air Movement 4. Air Conditioning and Ventilation Systems 5. Artificial Lighting and Power 6. Hot Water Supply 7. Access for Maintenance Reason: To ensure the development meets the energy requirements of BASIX.
(3) 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.
(4) PCC Condition - Onsite Sewerage Management System. An application shall be lodged and approved by Cootamundra Shire Council under Section 68 of the Local Government Act for the installation of an onsite sewerage management system prior to the issue of a Construction Certificate. Details of the proposed system are to be included with the application detailing the tank capacity, type and location and size of effluent disposal area. The proponent shall comply with all requirements tabled under any approval issued under section 68 of the Local Government Act. Reason: To comply with the requirements of Section 68 of the Local Government Act.
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 – 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.
(5) DUR Condition - BCA Compliance. All building work (other than work relating to the erection of a temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate was made). Reason: To ensure the building complies with the BCA.
(6) DUR Condition – Inspections. The Principal Certifying Authority is to be given a minimum of 48 hours’ notice prior to any critical stage inspection or any other inspection nominated by the Principal Certifying Authority via the notice issued under Section 91A of the Environmental Planning and Assessment Act 1979. All building work (other than work relating to the erection of a temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate was made). Reason: To ensure that adequate time is given of required inspections. (7) DUR Condition – Restricted Public Access. It is the responsibility of the applicant to restrict public access to the building site, building works or materials or equipment on the site when building work is not in progress or the site is otherwise unoccupied in accordance with WorkCover Regulations.
Reason: To ensure public safety is maintained.
(8) DUR Condition – Termite Protection. The building and immediate surrounds shall be treated be treated in accordance with Australian Standard 3660.1 for protection against subterranean termites, and a copy of the guarantee submitted to Council. NB: If a chemical system is selected for use as a barrier against termite attack, a durable notice shall be attached to the house providing information relating to the treatment supplied and the chemical used. This notice should be affixed permanently in either the electric meter box or at the entrance to the subfloor area. Whilst the Building Code of Australia (BCA) and AS 3660.1 prescribe measures for protection in relation to the structural elements of a building, there are many other elements which may be susceptible to termite attack. Council therefore, encourages builders and owners to take general protective measures against termite attack according to approved industry standards and practices. No protective measure is permanent. Owners should therefore, arrange regular inspections of their building by appropriate experts.
Reason: To protect the building from attack.
(9) DUR Condition – Storm Water. Storm water is to be discharged: - 1. Clear of the building and septic tank disposal area 2. To diffusion pit a minimum 3m from any building and in such a position that it does not cause nuisance to neighbours 3. To the requirements of the BASIX Certificate, and any overflows to be without nuisance Reason: To ensure that roof water is disposed of without nuisance to neighbours, without overloading Council's laneways system and so as to minimise input to the ground water system
(10) DUR Condition – Water Proofing - Wet Areas. An owner/builder will not be permitted to provide water proofing membranes to any wet area unless that person holds a Water Proofing Membrane subcontractor's licence with the Department of Fair Trading. The application of water proof membranes to nominated wet areas is a 'Critical Stage Inspection' requiring mandatory inspection by the Council or an accredited Private Certifying Authority. The standards for compliance are AS 3740 2010 for Water Proofing Internal Wet Areas. Reason: To ensure that water proofing of internal wet areas are competently carried out to the required Standard and Code of Practice.
(11) DUR Condition – Slab on Ground Construction. The following points must be complied with: - 1. Internal floor level must be a minimum of 150mm above the external finished surface level adjacent to the building 2. External paths and ground surface adjoining the walls of the building must be graded and drained away from the dwelling in such a manner as not to cause a nuisance Reason: To ensure minimum requirements for surcharge gully heights are met and to minimise problems caused by flooding.
(12) DUR Condition – Scalding. The Hot Water System to the bathroom/ensuite is to be set not to exceed 50°C to prevent accidental scalding of children and the infirm. The licensed Plumber is to complete the attached certificate of compliance for the completed installation. Reason: Statutory requirement.
(13) DUR Condition – Smoke Alarms. Install AC operated hard wired smoke alarms as per Australian Standard AS3786 to the building, where there is more than one smoke alarm installed all alarms must be interconnected. Reason: To provide for fire safety in residential buildings.
(14) 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.
(15) DUR Condition – Residential Driveway Safety Requirements. The connecting door to the garage/shed from the dwelling shall comply with the requirements within ‘Residential Driveway Safety Requirements’ of the Cootamundra Development Control Plan (DCP) 2013. If a door adjoins a ‘covered vehicle area’ on or within the immediate adjoining wall (parallel or at any angle thereto but not including the front entrance door to the dwelling), the door must have at minimum the following to comply:
· Door shall swing inward of the dwelling, · No sliding or concertina door of any type to be used, · The door leaf shall be fitted with a hydraulic self-closing fixture that is at minimum a size 2 spring strength in accordance with AS4145.5. Note: In the case of unusually high or heavy doors, windy or draughty conditions, or special installations a larger power size of door closer should be used); and · any door latch or passage set shall be installed at a minimum of 1500mm above finished floor level; and · Any bolt or function that could, in normal usage, render a door leaf non-self- latching shall not be incorporated. Note: A non-self-latching bolt (e.g. a dead bolt) will prevent the door from closing if left protruding while the door is open. Any electrically operated locking devices or bolts shall be self-latching in the event of power failure and any activation switches installed 1500mm above finished floor level. · If pairs of doors are used both leaves are to be self-closing and self-latching and shall include a selective sequence closing device.
NOTE: for the purpose of this condition, immediate adjoining wall includes any wall of a dwelling or part thereof within 3 metres of the bounding construction of the 'covered vehicle area' whether attached or covered or not. Reason: To incorporate building design elements and prevention methods that could reduce the risk of Low Speed Roll Overs (LSRO) associated with residential dwellings. 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 – BASIX. The development is to be carried out in accordance with the current BASIX certificate and schedule of commitments approved in relation to this development. Prior to an Occupation Certificate being issued, the applicant is to provide certification certificates to the PCA which specifies that all commitments listed in the BASIX Certificate have been completed. Reason: To ensure the development meets State Government energy and water efficiency targets
(4) 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 15 Reason: To ensure that the development is clearly identifiable and easily found by emergency, trade and other services.
ONGOING USE (1) 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.
(2) 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.
Carried |
Resolution 229/2022 Moved: Cr David Graham Seconded: Cr Les Boyd The Regulatory Report for June, 2022 be noted. |
Nil
Resolution 230/2022 Moved: Cr Abb McAlister Seconded: Cr Logan Collins That the Civil Works and Technical Services Report for the month of June 2022 be noted. |
8.8 Technical Services
Resolution 231/2022 Moved: Cr Leigh Bowden Seconded: Cr Trevor Glover 1. Council note the report on the Cootamundra-Gundagai Regional Council Development Strategy. 2. The Interim General Manager be delegated to proceed with the sale of 39 Harold Conkey Drive, Cootamundra with a further report to be provided to a future meeting. |
Resolution 232/2022 Moved: Cr Logan Collins Seconded: Cr Abb McAlister This report in relation to the NSW Local Roads Congress be received and noted. |
Resolution 233/2022 Moved: Cr Abb McAlister Seconded: Cr David Graham This matter be deferred to the July 2022 Meeting. |
8.10 Waste, Parks and Recreation
8.10.1 Waste,Parks & Recreation Services Monthly Works Report |
Resolution 234/2022 Moved: Cr Logan Collins Seconded: Cr Trevor Glover The Waste, Parks & Recreation Monthly Works Report be received and noted. |
9 Motion of which Notice has been Given
Nil
Nil
Nil
The Meeting closed at 7.38pm.
The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 26 July 2022.
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CHAIRPERSON GENERAL MANAGER