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Minutes Ordinary Council Meeting
Council Chambers, Gundagai
6:00PM, TUESDAY 27TH SEPTEMBER, 2022
Administration Centres: 1300 459 689 |
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Minutes Ordinary Council Meeting
Council Chambers, Gundagai
6:00PM, TUESDAY 27TH SEPTEMBER, 2022
Administration Centres: 1300 459 689 |
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Ordinary Council Meeting Minutes |
27 September 2022 |
MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council
Meeting
HELD AT THE Council
Chambers, Gundagai
ON Tuesday, 27
September 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), Matt Stubbs (Deputy General Manager - Operations), Linda Wiles (Manager Business), Sharon Langman (Manager Development, Building and Compliance), Andrew Brock (Manager Facilities).
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 238/2022 Moved: Cr Logan Collins Seconded: Cr David Graham Council adjourn for Open Forum. |
List of Speakers
1. David Ferguson – House Shortage
2. Gordon Lindley – Old Mill Project
3. Lyn Smart – Nangus Water Committee
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Resolution 239/2022 Moved: Cr Leigh Bowden Seconded: Cr Gil Kelly Council resume the Open Meeting. |
Nil
Nil
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5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 23 August 2022 |
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Resolution 240/2022 Moved: Cr Trevor Glover Seconded: Cr Penny Nicholson The Minutes of the Ordinary Meeting of Council held on Tuesday 23 August 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 Tuesday 6 September 2022 |
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Resolution 241/2022 Moved: Cr Abb McAlister Seconded: Cr Leigh Bowden The Minutes of the Extraordinary Meeting of Council held on Tuesday 6 September 2022 be confirmed as a true and correct record of the meeting. |
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Addition to the councillor engagement report: Cr Collins attended the opening of the soroptimist international Cootamundra art show at the Cootamundra Town Hall. Resolution 242/2022 Moved: Cr David Graham Seconded: Cr Leigh Bowden The information in the Mayoral Minute, be received and noted. |
Nil
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Resolution 243/2022 Moved: Cr Logan Collins Seconded: Cr David Graham The Draft CGRC Adverse Events Management Plan, attached to the report, be adopted.
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8.1.2 Cootamundra Heritage Centre s.355 Committee Meeting Minutes |
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Resolution 244/2022 Moved: Cr Leigh Bowden Seconded: Cr Abb McAlister The Minutes of the Cootamundra Heritage Centre s.355 Committee meetings held 1 August 2022, and 5 September 2022, attached to the report, be received and noted. |
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8.1.3 Stockinbingal Ellwood's Hall s.355 Committee Meeting Minutes |
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Resolution 245/2022 Moved: Cr Logan Collins Seconded: Cr Leigh Bowden 1. The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting held 1 September, 2022, attached to the report, be noted. 2. Appropriate council staff provide a written respond to the Committee’s recommendations detailed within the attached Minutes.
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8.1.4 Cootamundra Showground Users Group s.355 Committee Meeting Minutes |
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Resolution 246/2022 Moved: Cr David Graham Seconded: Cr Trevor Glover The Minutes of the Cootamundra Showground Users Group s.355 Committee meeting held 17 August 2022 attached to the report, be received, and noted. |
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8.1.5 The Arts Centre Cootamundra s.355 Committee Meeting Minutes |
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Resolution 247/2022 Moved: Cr Leigh Bowden Seconded: Cr Penny Nicholson The Minutes of The Arts Centre Cootamundra s.355 Committee meeting held 18 August, 2022 attached to the report, be received and noted. |
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Resolution 248/2022 Moved: Cr Logan Collins Seconded: Cr Trevor Glover The Minutes of the Bradman Birthplace s.355 Committee meeting held 25 August 2022 attached to the report, be receive and noted. |
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Resolution 249/2022 Moved: Cr Leigh Bowden Seconded: Cr Logan Collins The report by Councillor Bowden in relation to the Australian Local Government Women’s Association (ALGWA) NSW Executive Meeting, be received and noted. |
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Resolution 250/2022 Moved: Cr David Graham Seconded: Cr Les Boyd The draft Investment Policy, attached to the report, be adopted. |
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Resolution 251/2022 Moved: Cr Logan Collins Seconded: Cr Trevor Glover The report detailing Council Cash and Investments as at 31st August 2022, be received and noted. |
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8.3.1 Gundagai Tourism Action Group (Advisory Committee) Monday 5th September 2022 - Minutes |
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Resolution 252/2022 Moved: Cr Abb McAlister Seconded: Cr Penny Nicholson The Minutes of the Gundagai Tourism Advisory Group meeting held Monday 5 September 2022, attached to the report, be noted. |
8.4 Development, Building and Compliance
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Resolution 253/2022 Moved: Cr Leigh Bowden Seconded: Cr Gil Kelly The information on Development Applications approved in August 2022, be received and noted. |
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8.4.2 Modification DA 2020/138, Dwelling at Lot 12 DP870918 Stockinbingal Road, Cootamundra |
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Resolution 254/2022 Moved: Cr Abb McAlister Seconded: Cr Trevor Glover 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:
and as modified by any conditions of this consent. (as modified by DA 2020/138.2 dated 28th 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 12.00midday 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 38. 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.
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Nil
Nil
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Resolution 255/2022 Moved: Cr Logan Collins Seconded: Cr David Graham The draft Cootamundra-Gundagai Regional Council Road Safety Action Plan 2022-2026, attached to the report, be endorsed. |
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8.7.2 Civil Works and Technical Servies Report - September 2022 |
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Resolution 256/2022 Moved: Cr David Graham Seconded: Cr Logan Collins The Civil Works and Technical Services Report for the month of September 2022 be noted. |
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8.7.3 Cootamundra Floodplain Risk Management Committee Meeting Minutes 3 November 2021 |
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Resolution 257/2022 Moved: Cr Gil Kelly Seconded: Cr Logan Collins 1. The Minutes of the Cootamundra Floodplain Risk Management Committee Meeting held 3 November 2021, attached to the report, be received and noted. 2. Council consider the recommendations detailed in the report, and contained within the attached Minutes. |
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8.7.4 Cootamundra Floodplain Risk Management Committee Meeting - Minutes 14 September 2022 |
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Resolution 258/2022 Moved: Cr Leigh Bowden Seconded: Cr David Graham The Minutes of the Cootamundra Floodplain Risk Management Committee Meeting held on 14 September 2022, attached to the report, be received and noted. |
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8.7.5 Australian Local Government Association 2022 National Local Roads and Transport Congress 2-3 November 2022 |
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Resolution 259/2022 Moved: Cr Leigh Bowden Seconded: Cr David Graham The attendance of one (1) councillor and one (1) appropriate staff member, at the Australian Local Government Association 2022 National Local Roads and Transport Congress, be endorsed. |
Nil
Nil
8.10 Waste, Parks and Recreation
Nil
9 Motion of which Notice has been Given
Nil
Nil
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Resolution 260/2022 Moved: Cr Logan Collins Seconded: Cr Gil Kelly 1. Item 11.2 be considered in closed Council at which the press and public are excluded in accordance with the applicable provisions of the Local Government Act, 1993 and related public interest reasons detailed. 2. In accordance with section 11 (2) and (3) of the Local Government Act, 1993, the reports, correspondence and other documentation relating to Item 11.2 be withheld from the press and public. Provisions for Confidentiality Section 10A (2) (g) – The Confidential Report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. Public Interest It is considered that discussion of this matter in Open Council would, on balance, be contrary to the public interest as it may prejudice Council's ability to secure the optimum outcome for the community. |
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Resolution 261/2022 Moved: Cr Gil Kelly Seconded: Cr Les Boyd 1. The report on Reno Road acquisition be noted. 2. $30,000 acquisition of the land and creation of a public road corridor be established. 3. The Reno Road be reclassified as a public road and maintained by Council. |
11.3 Resumption of Open Council Meeting
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Resolution 262/2022 Moved: Cr Trevor Glover Seconded: Cr David Graham The Open Council meeting resume. |
11.4 Announcement of Closed Council Resolutions
Note: The Chairperson announced the resolutions made in Closed Council.
The Meeting closed at 7.18PM.
The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 18 October 2022.
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CHAIRPERSON |
GENERAL MANAGER |
