Agenda of Ordinary Council Meeting - Tuesday, 27 September 2022

Ordinary Council Meeting Minutes

23 August 2022

MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council Meeting
HELD AT THE Alby Schultz Meeting Centre, Cootamundra
ON Tuesday, 23 August 2022 AT 6:00PM

PRESENT: Cr Leigh Bowden (Deputy Mayor), Cr Les Boyd, Cr Logan Collins, Cr Trevor Glover, Cr David Graham, Cr Abb McAlister, Cr Penny Nicholson

IN ATTENDANCE: Glen McAtear (Acting General Manager), Matt Stubbs (Deputy General Manager - Operations), Ganesh Ganeshamoorthy (Manager Assets), Mark Ellis (Manager Civil Works), Sharon Langman (Manager Development, Building and Compliance), Andrew Brock (Manager Facilities),

1 Acknowledgement of Country

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

2 Open Forum

Nil

3 Apologies

Resolution 261/2022

Moved: Cr Logan Collins

Seconded: Cr Abb McAlister

Apologies from Cr Charlie Sheahan and Cr Gil Kelly be received and leave of absence granted.

Carried

4 Disclosures of Interest

Nil

5 Confirmation of Minutes

5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 26 July 2022

Resolution 262/2022

Moved: Cr Logan Collins

Seconded: Cr Abb McAlister

The Minutes of the Ordinary Meeting of Council held on Tuesday 26 July 2022 be confirmed as a true and correct record of the meeting.

Carried

6 Mayoral Minutes

6.3 Mayoral Minute - The End of an Era

Resolution 263/2022

Moved: Cr Leigh Bowden

Seconded: Cr Penny Nicholson

The information in the Mayoral Minute be received and noted.

Carried

6.1 Mayoral Minute - Councillor Engagement

Resolution 264/2022

Moved: Cr David Graham

Seconded: Cr Abb McAlister

The information in the Mayoral Minute be received and noted.

.Carried

6.2 Mayoral Minute - Accounting Treatment of Rural Fire Service (Red Fleet) Assets

Resolution 265/2022

Moved: Cr David Graham

Seconded: Cr Trevor Glover

THAT:

1. Cootamundra-Gundagai Regional Council writes to the Treasurer the Hon Matt Kean MP, Minister for Emergency Services and Resilience the Hon Stephanie Cook MP and the Minister for Local Government the Hon Wendy Tuckerman MP:

(a) Expressing Council’s objection to the NSW Government’s determination on ownership of Rural Fire Service assets;

(b) Advising of the impact of the Government’s position on Council finances of this accounting treatment;

(c) Informing that Council will not carry out RFS assets stocktakes on behalf of the NSW Government and will not record RFS assets in Cootamundra-Gundagai Regional Council’s financial statements;

(d) Calling on the NSW Government to take immediate action to permanently clear up inequities and inconsistencies around the accounting treatment of Rural Fire Service (RFS) assets by acknowledging that rural firefighting equipment is vested in, under the control of and the property of the RFS; and

(e) Amending s.119 of the Rural Fires Act 1997, so that the effect is to make it clear that RFS assets are not the property of councils.

2. Cootamundra-Gundagai Regional Council writes to the Shadow Treasurer Daniel Mookhey MLC, the Shadow Minister for Emergency Services Jihad Dib MP, the Shadow Minister for Local Government Greg Warren MP, the Greens Spokesperson for Local Government Jamie Parker MP and the leaders of the Shooters, Fishers and Farmers, Animal Justice and One Nation parties Robert Borsak MLC, Emma Hurst MLC and Mark Latham MLC:

(a) Advising Members of Cootamundra-Gundagai Regional Council’s position, including providing copies of correspondence to NSW Government Ministers; and

(b) Seeking Members’ commitments to support NSW Councils’ call to amend the Rural Fires Act 1997 as set out in correspondence.

3. Cootamundra-Gundagai Regional Council writes to the Auditor General advising that notwithstanding any overtures of future qualified audits, it will not carry out RFS stocktakes on behalf of the NSW Government, and will not record RFS assets in Cootamundra-Gundagai Regional Council's financial statements, noting that the State Government’s own Local Government Accounting Code of Practice and Financial Reporting provides for councils to determine whether or not they record the RFS assets as council assets.

4. Cootamundra-Gundagai Regional Council promotes these messages via its digital and social media channels and via its networks.

5. Cootamundra-Gundagai Regional Council re-affirms its complete support of and commitment to local RFS brigades noting that Cootamundra-Gundagai Regional Council’s action is entirely directed towards the NSW Government’s nonsensical position that rather than being owned and controlled by local brigades, RFS assets are somehow controlled by councils, which councils consider to be a cynical financial sleight of hand abdicating the NSW Government’s responsibilities at the cost of local communities.

6. Cootamundra-Gundagai Regional Council affirms its support to Local Government NSW (LGNSW) and requests LGNSW continue advocating on Council’s behalf to get clarification once and for all from the State Government about the accounting treatment of RFS assets.

Carried

Item - 6.3 Mayoral Minute - The End of an Era - has been moved to before Item 6.1.

7 Reports from Committees

7.1 Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 11 August 2022

Resolution 266/2022

Moved: Cr Logan Collins

Seconded: Cr Trevor Glover

1. The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 11 August 2022 attached to the report be received and noted.

2. Council consider the recommendations, if any, contained within the Minutes.

Carried

8 General Manager’s Report

8.1 Business

8.1.1 Motions for the LGNSW Annual Conference

Resolution 267/2022

Moved: Cr David Graham

Seconded: Cr Penny Nicholson

The motions, listed below, and detailed in the report, be submitted to Local Government NSW by Monday, 29^th August 2022.

(a) Addressing Professional Skills Shortage In Local Government

(b) Agritourism and Small-Scale Development Planning Changes

Carried

8.1.2 Delivery Program/ Operational Plan Quarterly Progress Report

Resolution 268/2022

Moved: Cr Les Boyd

Seconded: Cr David Graham

The Delivery Program incorporating the Operational Plan 2021/22, quarterly progress report, (4th Quarter 1 April – 30 June 2022), attached to the report, be received and noted.

Carried

8.1.3 ALGWA Conference 2022

Resolution 269/2022

Moved: Cr Leigh Bowden

Seconded: Cr Logan Collins

The report by Councillor Bowden in relation to the Australian Local Government Women’s Association (ALGWA) Conference, be received and noted.

Carried

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

Resolution 270/2022

Moved: Cr Abb McAlister

Seconded: Cr Trevor Glover

1. The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting and Annual General Meeting held on 28 July, 2022 attached to the report, be received and noted.

2. Membership of the Stockinbingal Ellwood’s Hall s.355 Committee, as detailed in the report, be endorsed.

Carried

8.1.5 The Arts Centre Cootamundra s.355 Commitee Meeting Minutes and Membership

Resolution 271/2022

Moved: Cr Logan Collins

Seconded: Cr Les Boyd

1. The Minutes of The Arts Centre Cootamundra s.355 Committee Ordinary Meeting held 28 July 2022 and Annual General Meeting held on 21 July 2022, attached to the report, be received, and noted.

2. Membership of The Arts Centre Cootamundra s.355 Committee as detailed in the report, be endorsed.

Carried

8.1.6 Muttama Creek Regeneration Group s.355 Committee Meeting Minutes

Resolution 272/2022

Moved: Cr Penny Nicholson

Seconded: Cr Abb McAlister

The Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held 6^th June 2022, attached to the report, be received and noted.

Carried

8.1.7 Muttama Hall Management s.355 Committee Meeting Minutes

Resolution 273/2022

Moved: Cr Trevor Glover

Seconded: Cr David Graham

The Minutes of the Muttama Hall Management s.355 Committee meeting held 13^th July, 2022 attached to the report, be received and noted.

Carried

8.2 Finance

8.2.1 CGRC Loan Details

Resolution 274/2022

Moved: Cr David Graham

Seconded: Cr Trevor Glover

The information on Councils existing loans, detailed in the attachment, be received and noted.

Carried

8.2.2 Investment Report - July 2022

Resolution 275/2022

Moved: Cr Abb McAlister

Seconded: Cr David Graham

The Investment Report for July, 2022 be received and noted.

Carried

8.3 Community and Culture

8.3.1 Hipcamp report presented to Tourism Committees

Resolution 276/2022

Moved: Cr David Graham

Seconded: Cr Penny Nicholson

The HipCamp presentation summary, which includes Council advice, attached to the report, be received and noted.

Carried

8.3.2 Gundagai Tourism Action Group (Advisory Committee) Monday 1st August 2022 - Minutes

Resolution 277/2022

Moved: Cr Abb McAlister

Seconded: Cr Penny Nicholson

1. The Minutes of the Gundagai Tourism Advisory Group meeting held Monday 1^st August, 2022, attached to the report, be noted.

2. Relevant staff give a 12-month update on the amount of money that has been collected from the RV Camps and Dump Point in Gundagai.

Carried

8.4 Development, Building and Compliance

8.4.1 Development Application Approved July 2022

Resolution 278/2022

Moved: Cr David Graham

Seconded: Cr Les Boyd

The information on Development Applications Approved in July 2022, be received and noted.

Carried

Note: Amendment required to correct Application Number and Address for Gundagai Preschool Development.

8.4.2 Draft Liquid Trade Waste Policy

Resolution 279/2022

Moved: Cr Trevor Glover

Seconded: Cr David Graham

1. Council endorse the draft Liquid Trade Waste Policy as presented;

2. Council place the Liquid Trade Waste Policy on exhibition for a period of 28 days;

3. If no submissions are received during the exhibition period that require material alterations to the draft Liquid Trade Waste Policy, it be adopted and forwarded to the Trade Waste Regulation Team at Department of Planning and Environment for endorsement.

Carried

8.5 Regulatory Services

8.5.1 Regulatory Report

Resolution 280/2022

Moved: Cr Logan Collins

Seconded: Cr Abb McAlister

The Regulatory Report for July, 2022 be noted.

Carried

8.6 Assets

Nil

8.7 Civil Works

8.7.1 Civil Works and Technical Services Report - August 2022

Resolution 281/2022

Moved: Cr Penny Nicholson

Seconded: Cr Logan Collins

1. The Civil Works and Technical Services Report for the month of August 2022 be noted.

2. Council to thanks and congratulate relevant council staff and emergency services for the efforts put in during the heavy wet weather we have received in August 2022.

Carried

8.8 Technical Services

Nil

8.9 Facilities

8.9.1 Sherwood Forest Draft Master Plan

Resolution 282/2022

Moved: Cr Abb McAlister

Seconded: Cr Penny Nicholson

1. The report on the Proposed Sherwood Forest Masterplan by Sala4D - dated 18 May 2022 be received.

2. The proposed Sherwood Forest Masterplan by Sala4D – dated 18 May 2022 be placed on public exhibition for a period of 28 days inviting submissions, with a further report, to be prepared for consideration of Council and final adoption at the end of the exhibition period.

3. If no material submissions are received during the exhibition period, council in principle adopt the Sherwood Forest Masterplan to allow construction works to proceed in a timely manner.

Carried

8.9.2 Facilities Works Report August 2022

Resolution 283/2022

Moved: Cr Penny Nicholson

Seconded: Cr Logan Collins

The Facilities Works Report for August 2022 be noted.

Carried

8.10 Waste, Parks and Recreation

8.10.1 Feasibility of Bulk Kerbside Collection

Resolution 284/2022

Moved: Cr Les Boyd

Seconded: Cr Trevor Glover

1. No action be taken to implement a free Bulk Kerbside Collection Service.

2. Council investigates the feasibility of introducing a programmed community Bulk Waste Collection Service to interested CGRC residents.

3. Any programmed Bulk Waste Collection service offered would be at full cost recovery.

4. The Bulk Waste Collection Service feasibility study and associated recommendations be presented to Council for consideration.

Carried

9 Motion of which Notice has been Given

Nil

10 Questions with Notice

Nil

11 Confidential Items

11.1 Closed Council Report

Resolution 285/2022

Moved: Cr Penny Nicholson

Seconded: Cr Abb McAlister

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

11.2 Purchase of Land for Relocation of Substation

Provisions for Confidentiality

Section 10A (2) (a) – The Confidential Report contains personnel matters concerning particular individuals (other than councillors).

Public Interest

Disclosure of the land price may put council at a competitive disadvantage in it's negotiations to achieve the 'best value for money' outcome.

11.3 Request Relief from Developer Contribution - DA 2022/101

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

Personal and sensitive information.

Carried

11.2 Purchase of Land for Relocation of Substation

Resolution 286/2022

Moved: Cr Logan Collins

Seconded: Cr Trevor Glover

1. Council Endorse the acquisition of proposed Lot 47, in the subdivision of Lot 33 DP 1270489 (approved in DA 2021/85).

2. Council delegate authority to the Acting General Manager to negotiate the terms of the acquisition in accordance with the confidential report to Council, and execute all documents associated with the acquisition of this property.

3. The insurance company supply Council with information as to exactly what we are covered for, in this regard.

Carried

11.3 Request Relief from Developer Contribution - DA 2022/101

Resolution 287/2022

Moved: Cr Penny Nicholson

Seconded: Cr Abb McAlister

1. Council advise the applicant that it has no power to waive payment of development contributions and those contributions must be paid in accordance with conditions of consent and the Environmental Planning & Assessment Act 1979.

2. Council refuse the request to make a contribution on behalf of the owner due to financial hardship.

Carried

11.5 Resumption of Open Council Meeting

Resolution 288/2022

Moved: Cr Trevor Glover

Seconded: Cr Logan Collins

The Open Council meeting resume.

Carried

11.6 Announcement of Closed Council Resolutions

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

The Meeting closed at 7:12pm.

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 27 September 2022.

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

CHAIRPERSON GENERAL MANAGER

Ordinary Council Meeting Agenda

27 September 2022

6 Mayoral Minutes

6.1 Mayoral Minute - Councillor Engagement

DOCUMENT NUMBER	377564
AUTHORISING OFFICER	Les McMahon, Interim General Manager
REPORTING OFFICER	Charlie Sheahan, Mayor
ATTACHMENTS	Nil

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

Recommendation

The information in the Mayoral Minute be received and noted.

15 August 2022

Cr Nicholson and McAlister attended a meeting with CGRC Project Manager regarding Old Gundagai and River Project.

18 August 2022

Cr Nicholson attended the Cootamundra Heritage Centre 21^st Birthday Celebration.

23 August 2022

Crs Bowden (Deputy Mayor), Nicholson, McAlister, Graham, Collins, Glover, Kelly, Boyd and I attended a Council Workshop and Ordinary Council meeting.

31 August 2022

Cr Bowden attended a Business Cootamundra Board Meeting.

1 September 2022

Cr Bowden attended Ellwood’s Hall s355 Committee Meeting.

Cr McAlister and I attended a virtual meeting with Steph Cooke and the Acting General Manager regarding the de-merge.

2 September 2022

Cr Bowden and I attended a meeting with the Acting General Manager.

Cr Bowden attended an Eastern Riverina Arts Advisory Committee Meeting at Coolamon.

Cr Bowden and I attended the Business Cootamundra Business Awards.

5 September 2022

Cr Sheahan (Mayor) attended a Cootamundra Youth Council Meeting.

6 September 2022

Crs Bowden (Deputy Mayor), Nicholson, McAlister, Glover, Kelly, Boyd and I attended an Extraordinary Council Meeting.

Cr McAlister and I attended a Dog on the Tuckerbox development meeting.

Cr Sheahan (Mayor) attended a Riverina Joint Organisations virtual meeting.

7 September 2022

Cr Bowden attended a Business Cootamundra Board Meeting.

Cr Sheahan (Mayor) attended a meeting with Acting General Manager and Angus Westaway.

8 September 2022

Crs Bowden, Collins and I attended the R U OK Day at the Cootamundra TAFE.

Cr Sheahan (Mayor) attended a meeting with Transport NSW and the Wallendbeen Committee.

9 September 2022

Cr McAlister attended a virtual meeting with representatives of the Riverina Murray Tourism destination and Dog on the Tucker Box developers.

9-10 September 2022

Cr Bowden attended the Australian Local Government Women's Association (ALGWA) Executive Meeting at Forbes.

12 September 2022

Cr Bowden (Deputy Mayor) and I attended a meeting with the Acting General Manager.

13 September 2022

Crs Bowden (Deputy Mayor), Nicholson, McAlister, Graham, Collins, Glover, Kelly, Boyd and I attended a Council Workshop.

14 September 2022

Crs Bowden, Nicholson, Collins, Kelly, Boyd and I attended a Dinner with Council’s Management Staff.

Cr Sheahan (Mayor) attended an Aerodrome Advisory Committee meeting.

Cr Kelly and I attended a Cootamundra Flood Risk Committee meeting.

Cr Glover and CGRC’s Manager Facilities attended Day 1 of the Riverina Eastern Regional Organisation of Councils (REROC) Innovations and Energy Conference in Wagga Wagga.

15 September 2022

Cr Glover and CGRC’s Manager Facilities attended Day 2 of the Riverina Eastern Regional Organisation of Councils (REROC) Innovations and Energy Conference in Wagga Wagga.

16 September 2022

Cr Bowden (Deputy Mayor) and I attended the opening of the Soroptimist International Cootamundra Art Show at the Cootamundra Town Hall.

17 September 2022

Cr McAlister attended a meeting with the Project Manger and River Project Committee.

Ordinary Council Meeting Agenda

27 September 2022

8.1.7 ALGWA NSW Executive Meeting 10-11 September 2022

DOCUMENT NUMBER

377825

REPORTING OFFICER

Leigh Bowden, Councillor

AUTHORISING OFFICER

Les McMahon, Interim General Manager

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Collaborative and progressive leadership

4.2 Proactive, practical Council leaders who are aligned with community needs and values

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil

Recommendation

The report by Councillor Bowden in relation to the Australian Local Government Women’s Association (ALGWA) NSW Executive Meeting, be received and noted.

The ALGWA (Australian Local Government Women’s Association) NSW meets approximately four times a year. Two meetings are held in regional areas and two in metropolitan areas. On this occasion the meeting was held in Forbes because Forbes will host the 2023 ALGWA NSW Conference.

Three of the members of ALGWA NSW Executive are also Directors of LGNSW Board, Cr Karen McKeown, OAM, Penrith City Council, Cr Penny Pederson, City of Ryde Council, and Cr Philipa Veitch, Randwick City Council.

The business of the meeting included the President’s Report. In August, the ALGWA NSW President, Cr Di Baker, met with the Honourable Wendy Tuckerman, Minister for Local Government, to discuss the issues that women in Local Government deemed to be most pressing. Bullying, harassment, intimidation and stalking remain the most important issues, for both female councillors and staff. Although personal stories were recounted and the shortfalls in the system highlighted, Minister Tuckerman suggested that, due to privacy laws, there should be more education on the problem. Cr Baker also alerted the Minister to the problem of women candidates feeling apprehensive about revealing their full residential addresses to the Electoral Commission. On behalf of ALGWA, Cr Baker requested that alternatives be provided so that women are not discouraged from standing for election because of this lack of privacy. Minister Tuckerman agreed that there must be more done to keep women safe, but this suggestion was not developed any further.

Remuneration for Deputy Mayors and for closing the gap between metropolitan and rural Councillor allowances was also discussed. The Minister’s recommendation was to write to the Remuneration Tribunal.

Cr Baker also had a meeting with personnel from LGNSW, including President Darriea Turley, AM, about the ALGWA Breakfast at the up-coming LGNSW Conference. Lisa McGuigan, 4^th generation winemaker from the McGuigan Family, is the guest speaker.

In addition to the meeting, the weekend included a bus trip around Forbes to see the development that is taking place. Council is opening up land for both residential and industrial development and the first phase of the residential development has sold out.

The Executive also saw and learnt about the attractions that Forbes delivers to the community and tourists. The Sculpture Down the Lachlan Trail is a major tourist attraction and the event, “Graze the Lachlan”, an annual foodie event at $180 per person, is the major fundraiser for the Trail. The signature tourism event in Forbes is “Frost and Fire”, held in June to celebrate the Winter Solstice. It involves the community and visitors gathering by the lake, from 4pm – 10pm, to sit around fire buckets and listen to live music. Food and bar vendors are invited to attend. The event is free.

A rewarding time was spent with the Mayor of Forbes, Cr Phyllis Miller, OAM, particularly in preparing for next year’s conference.

The alternation of Executive Meetings to different LGAs enables the hosting council to display its achievements and visiting councillors to take ideas back to their own councils.

ALGWA’s main role is to advocate for women in local government. In response to the issues raised by women at the recent ALGWA Conference and inspired by the Broderick Report (an independent review into bullying, harassment and sexual misconduct in the Parliament of NSW), a motion was developed to go to the LGNSW Conference as a late motion.

“That LGNSW calls on the Auditor General to undertake a survey of people in Local Government, elected members and staff, on bullying, harassment and intimidation with the intent to improve workplace safety”.

The Executive acknowledged that it is difficult to address the problems of intimidation, bullying and harassment, without evidence to illustrate how rife the problem is. Victoria has already undertaken an audit of this kind and it provides Local Government facts, not hearsay, on which to form policy and education. Such an audit will provide NSW Local Government with similar information.

The next ALGWA Executive Meeting will be held in Randwick on 10 and 11 November and the 2023 ALGWA NSW Conference will be held on 17, 28 and 29 April in Forbes.

Ordinary Council Meeting Agenda

27 September 2022

8.4 Development, Building and Compliance

8.4.1 Development Application Approved August 2022

DOCUMENT NUMBER

377283

REPORTING OFFICER

Sharon Langman, Manager Development, Building and Compliance

AUTHORISING OFFICER

Glen McAtear, Acting Deputy General Manager - CCD

RELEVANCE TO COMMUNITY STRATEGIC PLAN

3. Protected and enhanced environment

3.1 A natural environment is valued and protected

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil

Recommendation

The information on Development Applications Approved in August 2022, be received and noted.

Introduction

The Development Applications approved in August 2022 report, is submitted for the information of Council regarding development applications processed.

Discussion

The following development applications were approved by Cootamundra-Gundagai Regional Council in August 2022.

APP. NO.	PROPOSED DEVELOPMENT	PROPERTY DESCRIPTION
2022.64 (Mod 1)	Modification - New Dwelling – move dwelling on site	Lot 4 DP1103227 George St Wallendbeen
2022.101	New Dwelling	Lot 2 DP212750 Cooneys Creek Rd Jugiong
2022.11 (Mod 1)	Modification - New Dwelling, attached Garage & Detached Shed –shed layout/design	Lot 2 DP518456 Congou St Cootamundra
2022.99	New Dwelling	Lot 5 DP1083214 Old Cootamundra Rd Cootamundra
2022.98	New Shed	Lot 2 DP725154 Justin St Cootamundra
2022.97	New Shed	Lot 6 DP259786 Coora Ave Cootamundra
2022.83	Dwelling Alteration & Additions	Lot 23 DP1084187 Virgil St Gundagai
2021.87	New Dwelling with attached Garage	Lot 248 DP753625 Burra Rd Gundagai
VALUE OF WORK REPORTED TO THIS MEETING:			$ 3,120,302.00
VALUE OF WORK REPORTED FINANCIAL YEAR TO DATE			$ 7,055,339.00
THIS TIME LAST YEAR:
VALUE OF WORK – AUGUST 2021			$ 20,604,297.00
VALUE OF WORK – YTD 2021			$ 24,700,442.00

Financial

The value of approved applications is less than the same period last year, however this is something that is outside of the control of Council.

Ordinary Council Meeting Agenda

27 September 2022

8.4.2 Modification DA 2020/138, Dwelling at Lot 12 DP870918 Stockinbingal Road, Cootamundra

DOCUMENT NUMBER

377838

REPORTING OFFICER

Sharon Langman, Manager Development, Building and Compliance

AUTHORISING OFFICER

Glen McAtear, Acting Deputy General Manager - CCD

RELEVANCE TO COMMUNITY STRATEGIC PLAN

3. Protected and enhanced environment

3.2 We have attractive towns and villages

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1. Assessment Report - DA 2020.138.2 - Dwelling at Lot 12 Stockinbingal Road, Cootamundra ⇩

Recommendation

That Council approve the following development, subject to the consolidated modified consent conditions below (modifications shown in bold and italics):

§ Application No.: DA2020/138.2

§ Property: Lot 12 DP 870918

Stockinbingal Road

COOTAMUNDRA NSW 2590

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

Modification – Change of floor plan

ADMINISTRATIVE CONDITIONS

Approved plans

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

Following plans prepared by Sowdes
Number	Version	Title	Dated	Date lodged
0010620-02SITE	A	Site plan	08/12/2020	6/1/2020
0010620-02DEV	A	Development precinct site plan	08/12/2020	6/1/2020
Following plans prepared by Coota design
1	-	~~Floor plan and elevations~~	~~06/08/2020~~	~~04/09/2020~~
2	-	~~Elevations and section~~	~~24/08/2020~~	~~04/09/2020~~
5	-	*Floor plan and elevations*	*30/03/2022*	*25/07/2022*
6	-	*Elevations and section*	*30/03/2022*	*25/07/2022*
Bush Fire Hazard Assessment report, prepared by Sowdes, dated 8 December 2020, submitted 6^th January 2021
~~NatHERS Report, prepared by Energy Raters, dated 16^th August 2020, submitted 4^th September 2020~~
*NatHERS Report, prepared by Energy Raters, dated 1^st July 2022, submitted 25^th July 2022*
~~BASIX Certificate No. 1124798S, prepared by Coota design, dated 26^th August 2020, submitted 4^th September 2020~~
*BASIX Certificate No. 1279437S, prepared by Coota design, dated 2^nd July, 2022 submitted 25^th July 2022*

and as modified by any conditions of this consent.

(as modified by DA 2020/138.2 dated 28^th September 2022)

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

Compliance with relevant legislation

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

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

Utilities

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

PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE

Payment of section 7.12 contribution

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

Onsite Sewerage Management System

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

Solid fuel heater

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

PRIOR TO WORK/CONSTRUCTION COMMENCING

Inspection/Certification

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

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

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

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

Signs

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

§ statement that unauthorised entry to the site is not permitted,

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

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

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

Notice of Commencement

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

Builders Toilets

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

Residential Building Work

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

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

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

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

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

§ the name of the owner-builder and,

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

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

Prior to Building Work Commencing

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

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

B. The person having the benefit of the development consent has:

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

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

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

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

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

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

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

§ notified the principal certifying authority of any such appointment, and

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

Cut and Fill

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

Siting of Building

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

Soil Erosion Control

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

Restricted Public Access

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

DURING CONSTRUCTION

Bushfire Construction level

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

Works to be undertaken in accordance with the approval

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

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

§ development consent including plans and related documentation,

§ construction certificate including plans, specifications and certificates.

Hours of Construction Site Works

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

§ Monday to Saturday from 7.00am to 7.00pm

§ Sundays and public holidays from 9.00am to 12.00pm

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

Effluent disposal and plumbing and drainage works.

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

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

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

Construction waste management

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

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

Termite Protection

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

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

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

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

Storm Water

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

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

Water Proofing - Wet Areas

30. An owner/builder will not be permitted to provide water proofing membranes to any wet area unless that person holds a Water Proofing Membrane subcontractor's licence with the Department of Fair Trading. The application of water proof membranes to nominated wet areas is a 'Critical Stage Inspection' requiring mandatory inspection by the Council or an accredited Private Certifying Authority. The standards for compliance are AS 3740 2010 for Water Proofing Internal Wet Areas.

Slab on Ground Construction.

31. The following points must be complied with: -

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

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

Scalding

32. The Hot Water System to the bathroom/ensuite is to be set not to exceed 50°C to prevent accidental scalding of children and the infirm. The licensed Plumber is to complete the attached certificate of compliance for the completed installation.

Smoke Alarms

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

PRIOR TO OCCUPATION OR COMMENCEMENT OF USE

Occupation of Building

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

Compliance Certificates

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

BASIX

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

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

Driveway and Layback

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

Property Identification

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

DURING OPERATIONS

Ongoing bushfire protection measures

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

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

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

§ internal access road.

Introduction

This report is presented to Council for determination as it seeks to modify the approval granted by Council resolution at the 30 March 2021 meeting. As the original approval is subject to a Council resolution any subsequent modification requested can only be determined by resolution of Council.

Discussion

Council has received an application to modify consent DA2020/138. The modification involves a change in building footprint and a reduction in footprint size, all other matters of the development including purpose, location and general overall presentation remain the same. An assessment report is attached that has considered the impacts of the modification and found that the modification as proposed is suitable for the site and locality.

Financial

There are no financial impacts to Council or the community as a result of this report.

REPORTING OFFICER	Teresa Breslin, Acting E.A to General Manager and Mayor
AUTHORISING OFFICER	Les McMahon, Interim General Manager
FINANCIAL IMPLICATIONS	There are no Financial implications associated with this report.
LEGISLATIVE IMPLICATIONS	There are no Legislative implications associated with this report.
POLICY IMPLICATIONS	There are no Policy implications associated with this report.
ATTACHMENTS	1. Minutes of the Ordinary Meeting of Council held on Tuesday 23 August 2022