|
Business Paper Late Reports Ordinary Council Meeting
Alby Schultz Meeting Centre, Cootamundra
6:00PM, Tuesday 24th October, 2023
Administration Centres: 1300 459 689 |
|
Business Paper Late Reports Ordinary Council Meeting
Alby Schultz Meeting Centre, Cootamundra
6:00PM, Tuesday 24th October, 2023
Administration Centres: 1300 459 689 |
|
Ordinary Council Meeting Agenda |
24 October 2023 |
LATE REPORTS
8.4.2 Grant of Easement over Lot 3 DP 702858, 68 Tumblong Reserve Road, TUMBLONG
|
24 October 2023 |
|
DOCUMENT NUMBER |
401128 |
|||
|
REPORTING OFFICER |
Sally Atkinson, Environmental Health Officer |
|||
|
AUTHORISING OFFICER |
Paul Woods, Interim Deputy General Manager - CCD |
|||
|
RELEVANCE TO COMMUNITY STRATEGIC PLAN |
|
|||
|
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. |
|||
|
1. Annexure B ⇩ 2. Plan of Easement ⇩ |
|
That Council resolve to grant the easement as proposed in the attached Plans and Terms. |
Introduction
At the June 2023 Council meeting, Council approved the modification of DA2019/143 – which permitted the construction of a Temporary Leachate storage dam on Lot 3 DP 702858.
One of the conditions imposed by Council required that the applicant create an easement over Lot 3 DP 702858 benefitting the landfill.
Prior to the transfer of any leachate to the temporary pond on Lot 3 DP 702858, an easement is to be created over Lot 3 DP 702858 benefitting Lot 7004 DP 1028797 and Lot 7300 DP 1148008. The easement is to permit the temporary storage of leachate from the landfill on Lot 7004 DP 1028797 and Lot 7300 DP 1148008, on Lot 3 DP 702585.
Discussion
On the 6 October Council received draft Transfer Granting Easement documentation from Lawyers acting for the applicant. The documents were sent for review to Lindsay Taylor Lawyers, who subsequently proposed amendments and drafted terms, which have been accepted by the Applicant’s lawyers.
The easement;
· Permits the construction of infrastructure required for the transfer of leachate from Lot 7004 and Lot 7300 to Lot 3,
· Permits the transfer from and the acceptance of the leachate from the landfill into the pond on Lot 3,
· Ensures that the responsibility for the removal of the infrastructure and the of decommissioning the leachate dam on Lot 3 DP 702585 remains with the Applicant.
· Ensures that if Lot 3 be sold, there is legal ability for the operation of the landfill Facility to
rely on Lot 3 for leachate storage.
As previously noted, the easement is required by the Conditions of Consent, and is required to be established before the applicant can transfer the leachate to the temporary dam currently under construction.
Financial
The granting of the easement ensures there is a legal liability for the landfill operation to rely on Lot 3 DP 702585 and protects Council from future costs relating to the decommissioning of the temporary leachate dam.
OLG 23a Guideline consideration
There is no impact or triggers that require consideration of the 23a Guideline.
