Agenda of Ordinary Council Meeting - Tuesday, 12 December 2023

Ordinary Council Meeting Minutes

28 November 2023

MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council Meeting
HELD AT THE Council Chambers, Gundagai
ON Tuesday, 28 November 2023 AT 6:00PM

PRESENT: Cr Charlie Sheahan (Mayor), Cr Gil Kelly (Deputy Mayor), Cr Les Boyd, Cr Logan Collins, Cr Trevor Glover, Cr David Graham, Cr Abb McAlister, Cr Penny Nicholson

IN ATTENDANCE: Steve McGrath (Interim General Manager), Paul Woods (Interim Deputy General Manager - CCD), Matt Stubbs (Deputy General Manager - Operations), Linda Wiles (Manager Business), Zac Mahon (Manager Finance), Michael Mason (Interim Manager Sustainable Development), Mark Ellis (Manager Engineering Cootamundra),

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.

Motion

Resolution 290/2023

Moved: Cr Les Boyd

Seconded: Cr David Graham

Council moved that item 8.3.1 Presentation of Audited Financial Statements be concidered as the first item of business.

Carried

8.3.1 Presentation of Audited Financial Statements

Resolution 291/2023

Moved: Cr Penny Nicholson

Seconded: Cr David Graham

The General-Purpose Financial Statements, Special-Purpose Financial Statements and Special Schedules for the year ended 30^th June 2023, be adopted following consideration of any submissions received.

Carried

Adjourn Meeting For Open Forum

Resolution 292/2023

Moved: Cr David Graham

Seconded: Cr Trevor Glover

Council adjourn for Open Forum.

Carried

2 Open Forum

List of Speakers

1. David Harris – Noise pollution and unsafe premises.

Resume Open Meeting

Resolution 293/2023

Moved: Cr Abb McAlister

Seconded: Cr Gil Kelly

Council resume the Open Meeting.

Carried

3 Apologies and Leave of Absence

3.1 Apologies

Nil

3.2 Leave of Absence

Resolution 294/2023

Moved: Cr David Graham

Seconded: Cr Trevor Glover

Leave of Absence, on 28 November 2023, be granted for Cr Leigh Bowden.

Carried

4 Disclosures of Interest

1. Charlie Sheahan – Item 8.2.1 Coota Beach Volley Ball – Significate Non-Pecuniary (left meeting for item) – Adina Board Member.

2. Les Boyd – Item 8.2.1 Coota Beach Volley Ball – Significate Non-Pecuniary (left meeting for item) – Adina Board Member.

5 Confirmation of Minutes

5.1 Minutes of the Ordinary Meeting of Council held on Tuesday 24 October 2023

Resolution 295/2023

Moved: Cr Gil Kelly

Seconded: Cr Trevor Glover

1. The Minutes of the Ordinary Meeting of Council held on Tuesday 24 October 2023 be confirmed as a true and correct record of the meeting.

2. The Confidential Minutes of the Closed Session of Council held on Tuesday 24 October 2023 be confirmed as a true and correct record of the meeting.

Carried

5.2 Minutes of the Extraordinary Meeting of Council held on Wednesday 18 October 2023

Resolution 296/2023

Moved: Cr Gil Kelly

Seconded: Cr Trevor Glover

The Minutes of the Extraordinary Meeting of Council held on Wednesday 18 October 2023 be confirmed as a true and correct record of the meeting.

Carried

6 Mayoral Minutes

6.1 Mayoral Minute - Councillor Engagement

Resolution 297/2023

Moved: Cr Les Boyd

Seconded: Cr Gil Kelly

The information in the Councillor Engagements Mayoral Minute be received and noted.

Carried

7 Reports from Committees

7.1 Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 9 November 2023

Resolution 298/2023

Moved: Cr David Graham

Seconded: Cr Gil Kelly

1. The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 9 November 2023, attached to the report, be received and noted.

2. In consideration of the Cootamundra-Gundagai Local Traffic Committee recommendations detailed in the minutes, Council endorse the following:

3.1 That NO STOPPING regulatory signage be installed 10 metres from the Bourke Street and Wallendoon Street intersecting roads off Cooper Lane in accordance with the NSW Road Rules 2008, clause 170.

3.2 That Council seek funding opportunities for the installation of night visible kerbside numbering and directional street signage to assist emergency services with locating properties quickly.

3.3 That further investigation commences regarding the necessity for the installation of vehicle, school bus and pedestrian separation zones at Cootamundra High School and Cootamundra Public School.

3.4 That the vegetation restricting sight distance on the Wallendoon Street blister at the Cooper Street pedestrian crossing intersection be trimmed to improve visibility concerns.

3.5 That School Route Bus Route Warning Signage only be considered for prioritised roads after further investigations and discussion with bus operators.

3.6 That marked NO PARKING bays be painted on the roadway outside of each of the three (3) driveways exiting the Sacred Heart School car park located off Morris Street, Cootamundra following further consultation with Sacred Heart School management.

3.7 That the Salvation Army Toy Run Event with the assistance of the Cootamundra Antique Motor Club scheduled for Saturday 9 December 2023 be approved and a Road Occupancy Licence be granted.

3.8 That the Snake Gully Cup Carnival scheduled for the 17 and 18 November 2023 be noted.

3.9 That approval be given to the Gundagai Business Network to hold the 2023 Christmas on Sheridan event on Friday 8 December 2023 subject to the following conditions:

a) The temporary closure of Sheridan Street between 4pm and 10pm on Friday 8 December 2023.

b) That all businesses along the route be advised and road closure advertised throughout the community.

c) The event organiser complies with any conditions set by Council and the NSW Police.

d) The Event Management Plan (EMP) is completed and submitted to Council (attached).

e) A current Certificate of Currency (COC) is submitted to Council noting Council, TfNSW and NSW Police as interested parties (attached).

f) Council to provide a Traffic Guidance Scheme (TGS attached) and arrange placement and removal of all road barriers.

3.10 That approval be given to The Coota District Coop Ltd to hold the 2023 Christmas in Coota event on Thursday 14^th December 2023 subject to the following conditions:

a) The temporary closure of Parker Street between 3:30pm and 10pm on Thursday 14^th December 2023 from Wallendoon Street to Adams Street.

b) That all businesses along the route be advised and road closure advertised throughout the community.

c) The event organiser complies with any conditions set by Council and the NSW Police.

d) The Event Management Plan (EMP) is completed and submitted to Council (attached).

e) A current Certificate of Currency (COC) is submitted to Council noting Council, TfNSW and NSW Police as interested parties (attached).

f) Council to provide a Traffic Guidance Scheme (TGS).

Carried

8 General Manager’s Report

8.1 General Manager Office

8.1.1 Christmas and New Year Closure

Resolution 299/2023

Moved: Cr Abb McAlister

Seconded: Cr Les Boyd

The Christmas 2023 and New Year 2024 closures for Council facilities be noted.

Carried

8.1.2 Riverina Eastern Regional Organisation of Councils (REROC) Meeting Minutes

Resolution 300/2023

Moved: Cr David Graham

Seconded: Cr Les Boyd

The draft Minutes of the Riverina Eastern Regional Organisation of Councils (REROC) Board Meeting and Annual General Meeting held on 27 October 2023, attached to the report, be received and noted.

Carried

8.1.3 LGNSW Annual Conference - ALGWA (Australian Local Government Women's Association) NSW Breakfast 14 November 2023

Resolution 301/2023

Moved: Cr Penny Nicholson

Seconded: Cr Gil Kelly

The ALGWA National Networking Breakfast summary report, be received and noted.

Carried

At 6:25 pm, Cr Charlie Sheahan left the meeting.

At 6:25 pm, Cr Les Boyd left the meeting.

8.2 Business

8.2.1 Cootamundra Beach Volleyball Event Licence/Mou

Resolution 302/2023

Moved: Cr Penny Nicholson

Seconded: Cr Abb McAlister

1. That Council award the coordination of the Coota Beach Volleyball event, via MOU, offering a 3-year agreement, with a further 3-year option, to Adina Care.

2. That seed funding totalling $10,000 already allocated to the event be transferred to Adina Care.

3. Council note the in-kind support to the value of $15,000 associated with the conduct of the event.

Carried

At 6:30 pm, Cr Charlie Sheahan returned to the meeting.

At 6:30 pm, Cr Les Boyd returned to the meeting.

8.2.2 Christmas Celebrations

Resolution 303/2023

Moved: Cr Penny Nicholson

Seconded: Cr Gil Kelly

The Christmas Celebration updates, attached to the report be noted.

Carried

8.2.3 Business Cootamundra Request for Assistance

Resolution 304/2023

Moved: Cr Abb McAlister

Seconded: Cr David Graham

Council advise Business Cootamundra that it is not in a position to provide the funding or funding relief as requested by Business Cootamundra.

Carried

8.2.4 Customer Service Charter

Resolution 305/2023

Moved: Cr Trevor Glover

Seconded: Cr Penny Nicholson

The Customer Service Charter, attached to the report, be adopted.

Carried

8.2.5 Draft Data Breach Policy

Resolution 306/2023

Moved: Cr David Graham

Seconded: Cr Trevor Glover

The draft Data Breach Policy, attached to the report, be adopted.

Carried

8.2.6 Code of Conduct Complaint Statistics

Resolution 307/2023

Moved: Cr Les Boyd

Seconded: Cr Gil Kelly

The report on Code of Conduct complaint statistics for the period 1^st September 2022 to 31^st August 2023, be received and noted.

Carried

8.2.7 Annual Report 2022/2023

Resolution 308/2023

Moved: Cr David Graham

Seconded: Cr Abb McAlister

1. The Draft Annual Report, including a copy of the Financial Statements for the year ended 30 June 2023, attached to the report, be endorsed, noting that it will be updated to include superannuation expenses applicable to Councillors.

2. A copy of the 2022/2023 Annual Report be placed on Council’s website and provided to the Minister for Local Government.

Carried

8.2.8 Delivery Program/ Operational Plan Quarterly Progress Report

Resolution 309/2023

Moved: Cr Gil Kelly

Seconded: Cr Penny Nicholson

The Delivery Program incorporating the Operational Plan 2023/2024, quarterly progress report, (1^st Quarter July to September), attached to the report, be received and noted.

Carried

8.2.9 Stockinbingal Ellwood's Hall s.355 Committee Meeting Minutes

Resolution 310/2023

Moved: Cr Les Boyd

Seconded: Cr Abb McAlister

The Minutes of the Stockinbingal Ellwood’s Hall s.355 Committee Ordinary Meeting held on 26 October 2023 attached to the report, be received and noted.

Carried

8.2.10 The Arts Centre Cootamundra s.355 Committee Meeting Minutes

Resolution 311/2023

Moved: Cr Trevor Glover

Seconded: Cr Les Boyd

The Minutes of The Arts Centre Cootamundra s.355 Committee Meeting held 19 October 2023 attached to the report, be received and noted.

Carried

8.3 Finance

8.3.2 Finance Update - October 2023

Resolution 312/2023

Moved: Cr David Graham

Seconded: Cr Abb McAlister

The Finance Update report, be received and noted.

Carried

8.3.3 Restricted Cash Reconciliation

Resolution 313/2023

Moved: Cr Gil Kelly

Seconded: Cr David Graham

The Restricted Cash Reconciliation report, be received and noted.

Carried

8.3.4 Early Repayment of Grader Loan

Resolution 314/2023

Moved: Cr Trevor Glover

Seconded: Cr Penny Nicholson

That Council:

1. Authorise the early repayment of the fixed rate loan for Plant No. 1206 John Deere Grader, in the sum of $359,400 to the Commonwealth Bank of Australia; and

2. Authorise the Interim General Manager to complete any documentation associated with the transaction.

Carried

8.3.5 Quarterly Budget Review Statement - September 2023

Resolution 315/2023

Moved: Cr David Graham

Seconded: Cr Trevor Glover

1. The September 2023 Quarterly Budget Review be received and noted.

2. The budget variations listed in the report be adopted.

Carried

8.3.6 Investment Report - October 2023

Resolution 316/2023

Moved: Cr Gil Kelly

Seconded: Cr David Graham

The report detailing Council Cash and Investments as at 31 October 2023, be received and noted.

Carried

8.4 Sustainable Development

8.4.1 Flood Study for the Villages of Coolac, Nangus, Tumblong and Darbarlara

Resolution 317/2023

Moved: Cr Les Boyd

Seconded: Cr David Graham

Councillor Glover be nominated to Chair the Gundagai Villages Floodplain Management Committee, with Councillor Collins nominated as the alternate Chair.

Carried

8.5 Engineering Cootamundra

8.5.1 CGRC Engineering Report - November 2023

Resolution 318/2023

Moved: Cr David Graham

Seconded: Cr Les Boyd

The CGRC Engineering Report for the month of November 2023 be noted.

Carried

8.6 Engineering Gundagai

8.6.1 Gundagai Rail Bridge

Resolution 319/2023

Moved: Cr Penny Nicholson

Seconded: Cr Abb McAlister

Council consider the report and provide advice to relevant authorities that;

1. Middleton Drive and O I Bell drive are to remain open with appropriate works to be carried out to make the structures safe for motorist and pedestrians.

2. The closure of the Tumut Street section of the same bridge that has been closed for several years and of concern, has received no action for reopening to date.

Carried

8.7 Regional Services Gundagai

8.7.1 Regional Services Gundagai Works Report for November 2023

Resolution 320/2023

Moved: Cr Abb McAlister

Seconded: Cr Les Boyd

Regional Services Gundagai Report for November 2023, be received and noted.

Carried

8.8 Regional Services Cootamundra

8.8.1 Regional Services October Works Report

Resolution 321/2023

Moved: Cr Les Boyd

Seconded: Cr Gil Kelly

The Cootamundra Regional Services Department, Monthly Works Report be received and noted.

Carried

9 Motion of which Notice has been Given

9.1 Notice of Motion - Village Flood Study (Wallendbeen, Stockinbingal & Muttama)

Resolution 322/2023

Moved: Cr Logan Collins

Seconded: Cr Gil Kelly

CGRC pursues funding for a flood study focusing on the villages of Wallendbeen, Stockinbingal & Muttama and once funding is achieved, immediately engages the relevant bodies to conduct the flood study.

Carried

9.2 Notice of Motion - Road Closure costs associated with Christmas Celebrations

Resolution 323/2023

Moved: Cr Penny Nicholson

Seconded: Cr Abb McAlister

Council provides in-kind support to cover the expense of road closures for the Christmas celebration evenings in Gundagai and Cootamundra being organised by Gundagai Business Network (GBN) and Coota District Co-Op to the value of GBN - $2,740 + GST and Coota District Co-Op - $3,100 + GST.

Carried

At 7:38 pm, Cr Logan Collins left the meeting.

10 Questions with Notice

Nil

11 Confidential Items

11.1 Closed Council Report

Resolution 324/2023

Moved: Cr Gil Kelly

Seconded: Cr Abb McAlister

1. Items 11.2 and 11.3 be considered in closed Council at which the press and public are excluded in accordance with the applicable provisions of the Local Government Act, 1993 and related public interest reasons detailed.

2. In accordance with section 11 (2) and (3) of the Local Government Act, 1993, the reports, correspondence and other documentation relating to Items 11.2 and 11.3 be withheld from the press and public.

Carried

RESUMPTION OF OPEN COUNCIL MEETING

Resolution 325/2023

Moved: Cr Les Boyd

Seconded: Cr Abb McAlister

The Open Council meeting resume.

Carried

Announcement of Closed Council Resolutions

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

11.2 Leasing of Land at the Cootamundra Aerodrome - Expression of Interest

Resolution 326/2023

Moved: Cr Gil Kelly

Seconded: Cr Penny Nicholson

That Council endorse the awarding of the lease of the land at the Cootamundra Aerodrome for five years from 1 January, 2024 - 31 December, 2029 to Wallandoon Pty Ltd for the sum of $10,028.40 per annum to be adjusted by the CPI figure each year.

Carried

11.3 Inland Rail Project - Council Road Licence and Acquisitions

Resolution 327/2023

Moved: Cr David Graham

Seconded: Cr Abb McAlister

1. That Council executes the Licence to perform works on a public road – Section 138 Roads Act 1993 (NSW); and

2. That Council Delegate authority to the Interim General Manager to finalise and execute the Deed of compulsory acquisition by agreement – Section 29 Land Acquisition (Just Terms Compensation) Act 1991 (NSW).

Carried

The Meeting closed at 7:50PM.

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 12 December 2023.


CHAIRPERSON	GENERAL MANAGER

Ordinary Council Meeting Agenda

12 December 2023

8.3 Finance

8.3.1 Finance Update - November 2023

DOCUMENT NUMBER

404073

REPORTING OFFICER

Zac Mahon, Manager Finance

AUTHORISING OFFICER

Paul Woods, Interim Deputy General Manager - CCD

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Collaborative and progressive leadership

4.1 A clear strategic direction that is delivered upon

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 Finance Update report, be received and noted.

Report

The November Finance Update has been reviewed and no issues have been detected.

Operations

Income

The operational income is at 53% when comparing actual to budget, with the annual rates already being recognised as income but becoming due and payable quarterly throughout the year.

Department	ACTUAL YTD	BUDGET	% Received	Result	Comment
Development & Building	235,576	315,000	75%	J	OK
Finance	10,704,154	12,118,026	88%	J	OK
Business	44,315	88,000	50%	J	OK
Executive	12,080	40,000	30%	J	OK
Regional Services - Cootamundra	2,248,001	3,553,500	63%	J	OK
Regional Services - Gundagai	1,213,987	1,441,500	84%	J	OK
Engineering - Cootamundra	211,097	483,084	44%	J	OK
Engineering - Gundagai	197,328	455,116	43%	J	OK
Water - Cootamundra	1,636,340	3,092,720	53%	J	OK
Water - Gundagai	805,959	1,523,280	53%	J	OK
Sewer - Cootamundra	1,304,604	2,753,150	47%	J	OK
Sewer - Gundagai	346,793	731,850	47%	J	OK
Grants & Contributions	6,398,247	20,990,374	30%	J	OK
TOTAL	25,358,482	47,585,600	53%	J	OK

Expenditure

The Operational expenditure actual spend to budget is at 48% which is tracking well to budget. Finance, in collaboration with the department manager will review the spend in Gundagai Sewer.

Department	TOTAL YTD	BUDGET	% Spent	Result	Comment
Development & Building	552,574	1,223,715	45%	J	OK
Finance	5,554,869	14,157,325	39%	J	OK
Business	2,260,164	3,430,000	66%	J	OK
Executive	863,361	2,030,000	43%	K	OK
Regional Services - Cootamundra	2,289,200	5,189,300	44%	J	OK
Regional Services - Gundagai	1,526,133	2,407,200	63%	J	OK
Engineering - Cootamundra	4,261,663	9,953,520	43%	J	OK
Engineering - Gundagai	3,779,211	5,174,400	73%	J	OK
Water - Cootamundra	759,548	2,154,050	35%	J	OK
Water - Gundagai	374,106	1,060,950	35%	J	OK
Sewer - Cootamundra	950,076	1,429,900	66%	J	OK
Sewer - Gundagai	252,552	380,100	66%	K	High compared to budget,
	23,423,457	48,590,460	48%	J	OK

Capital

Income

Capital income is at 29% of budget as at 30 November 2023, the plant replacement program has been planned and is progressing in line with budget estimates.

CAPITAL INCOME to 31 October 2023
ASSET CATEGORY	TOTAL YTD	BUDGET	% SPENT	RESULT	COMMENTS
Plant & Equipment - Cootamundra	73742	188750	39%	J
Plant & Equipment - Gundagai	35909	188750	19%	J
TOTAL	109651	377500	29%	J	OK

Expenditure

Capital expenditure is at 21% of budget as at 30 November 2023. Council is continuing to develop a program of works that will forecast expected capital expenditure to ensure projects are progressing.

ASSET CATEGORY	TOTAL YTD	BUDGET	% SPENT	RESULT	COMMENTS
Bridges - Cootamundra	0	0	0%	J	N/A
Bridges - Gundagai	46307	920000	5%	J
Buildings - Cootamundra	58903	1119502	5%	K	Finance to follow up re status of projects
Buildings - Gundagai	30558	1101325	3%	K	Finance to follow up re status of projects
Land - Cootamundra	59550	0	0%	J	Expenditure covered by building reserve
Land - Gundagai	0	0	0%	J	N/A
Plant & Equipment - Cootamundra	1126209	1240378	91%	J
Plant & Equipment - Gundagai	516527	1240378	42%	J
Cemeteries - Cootamundra	0	0	0%	J	N/A
Cemeteries - Gundagai	0	80000	0%	K	Finance to follow up re status of projects
Recreation - Cootamundra	148238	161032	0%	J	QBR Adjustment to cover grant funded expenditure
Recreation - Gundagai	153868	1637331	9%	J	Finance to follow up re status of projects
Roads - Cootamundra	1323906	2317056	57%	J	Works at planning/procurement stage
Roads - Gundagai	672006	4550185	15%	J	Works at planning/procurement stage
Waste - Cootamundra	0	522000	0%	K	Finance to follow up re status of projects
Waste - Gundagai	0	520000	0%	K	Finance to follow up re status of projects
Sewer - Cootamundra	58883	2850000	2%	J	Works at planning/procurement stage
Sewer - Gundagai	382210	745000	51%	J	OK
Water - Cootamundra	90132	1240000	7%	J	Works at planning/procurement stage
Water - Gundagai	6000	1584000	0%	J	Works at planning/procurement stage
TOTAL	4673297	21828187	21%	J	OK

Financial

There are no financial implications associated with this report.

OLG 23a Guideline consideration

Report purpose does not conflict with guidelines.

Ordinary Council Meeting Agenda

12 December 2023

8.3.2 Restricted Cash Reconciliation - November 2023

DOCUMENT NUMBER

404076

REPORTING OFFICER

Zac Mahon, Manager Finance

AUTHORISING OFFICER

Paul Woods, Interim Deputy General Manager - CCD

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Collaborative and progressive leadership

4.1 A clear strategic direction that is delivered upon

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 Restricted Cash Reconciliation report, be received and noted.

Report

The restricted cash figures have been reconciled to 30 November 2023 as shown in the below table.

Internally Restricted Reserves	Bal 30 June 2023	Transfers To	Transfers From	Bal 30 Nov 2023
Aerodrome Bitumen Resurfacing	165,588			165,588
Bradman's Birthplace	94,337			94,337
Cootamundra Caravan Park	172,553	38,745	(1,883)	190,984
Heritage Centre	27,181	1,503	(1,355)	27,329
Development - Land & Buildings	1,182,693		30,476	1,213,169
Employee Leave Entitlements	1,774,746			1,774,746
Quarries & Pit Restoration	570,207	1,556	(31,645)	540,118
Plant Replacement	3,026,533	1,501,080	(1,579,269)	2,948,344
Saleyards	0	67,701	(83,454)	0
Swimming Pool Pump & Equipment	0			0
Cemetery	102,989	150,439	(102,938)	150,490
Southern Phone	586,464			586,464
Waste Management	500,000			500,000
	8,203,291	1,761,024	(1,770,068)	8,191,569

Externally Restricted Reserves
Domestic Waste	806,958	579,099	(145,777)	1,240,280
Water Supply	7,462,014	1,221,530	(1,376,196)	7,307,348
Sewerage Service	5,402,866	730,417	(1,412,244)	4,721,039
Stormwater Infrastructure Renewal	262,011	31,949		293,960
Developer Contributions	1,037,818	30,521		1,068,339
General Fund Unspent Grants & Contributions	6,665,901		(600,970)	6,064,931
	21,637,568	2,593,516	(3,535,187)	20,695,897
TOTALS	29,840,858	4,354,540	(5,305,255)	28,887,465

Restricted Cash Reconciliation

Restricted Cash	28,887,465
Cash at 30 November 2023	33,784,217
Unrestricted Balance	4,896,752
Grant Debtors Outstanding	684,004
Balance	5,580,756

Financial

There are no financial implications associated with this report.

OLG 23a Guideline consideration

Report purpose does not conflict with guidelines.

Ordinary Council Meeting Agenda

12 December 2023

8.4.3 DA2023/101 - 6 Pinkerton Lane, Cootamundra

DOCUMENT NUMBER

404003

REPORTING OFFICER

Lauren Dawes, Senior Building Surveyor

AUTHORISING OFFICER

Paul Woods, Interim Deputy General Manager - CCD

RELEVANCE TO COMMUNITY STRATEGIC PLAN

2. A region for the future

2.2 A thriving region that attracts people to live, work and visit

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

1. Development Assessment Report - DA2023/101 - 6 Pinkerton Lane, Cootamundra ⇩

Recommendation

That Council issue Deferred Commencement Approval for the following development subject to the consent conditions below:

· Application No: DA2023/101

· Property: Lot: 1 DP: 1296902, 6 Pinkerton Lane, Cootamundra

· Erection of a new shed ancillary to existing dwelling and continued use of carport (erected without consent) ancillary to existing dwelling.

DEFERRED COMMENCEMENT CONDITION

This consent does not operate and may not be acted on until the consent authority is satisfied of the following matter(s):

Testing of the imported fill on which the shed is proposed to be located has been undertaken and shows the material is:

a) Virgin Excavated Natural Material as defined in Schedule 1 of the Protection of the Environment Operations Act 1997; or

b) a material identified as being subject to a resource recovery exemption by the NSW EPA; or

c) a combination of Virgin Excavated Natural Material as defined in Schedule 1 of the Protection of the Environment Operations Act 1997 and a material identified as being subject to a resource recovery exemption by the NSW EPA.

Evidence of the above relevant matter(s) must be produced to the consent authority, within 366 days of the date of the determination, otherwise the consent will lapse.

Under section 88(3) of the EP&A Regulation, the consent authority will notify you in writing if the matters above have been satisfied and the date from which this consent operates.

The conditions of development consent below apply from the date that this consent operates.

General Conditions

Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989

1. It is a condition of a development consent for development that involves building work that the work must be carried out in accordance with the requirements of the Building Code of Australia.

2. It is a condition of a development consent for development that involves residential building work for which a contract of insurance is required under the Home Building Act 1989, Part 6 that a contract of insurance is in force before building work authorised to be carried out by the consent commences.

3. It is a condition of a development consent for a temporary structure used as an entertainment venue that the temporary structure must comply with Part B1 and NSW Part H102 in Volume 1 of the Building Code of Australia.

4. In subsection (1), a reference to the Building Code of Australia is a reference to the Building Code of Australia as in force on the day on which the application for the construction certificate was made.

5. In subsection (3), a reference to the Building Code of Australia is a reference to the Building Code of Australia as in force on the day on which the application for development consent was made.

6. This section does not apply—

a. to the extent to which an exemption from a provision of the Building Code of Australia or a fire safety standard is in force under the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, or

b. to the erection of a temporary building, other than a temporary structure to which subsection (3) applies.

Condition reason: Prescribed condition under section 69 of the Environmental Planning and Assessment Regulation 2021.

Erection of signs

1. This section applies to a development consent for development involving building work, subdivision work or demolition work.

2. It is a condition of the development consent that a sign must be erected in a prominent position on a site on which building work, subdivision work or demolition work is being carried out—

a. showing the name, address and telephone number of the principal certifier for the work, and

b. showing the name of the principal contractor, if any, for the building work and a telephone number on which the principal contractor may be contacted outside working hours, and

c. stating that unauthorised entry to the work site is prohibited.

3. The sign must be—

a. maintained while the building work, subdivision work or demolition work is being carried out, and

b. removed when the work has been completed.

4. This section does not apply in relation to—

a. building work, subdivision work or demolition work carried out inside an existing building, if the work does not affect the external walls of the building, or

b. Crown building work certified to comply with the Building Code of Australia under the Act, Part 6.

Condition reason: Prescribed condition under section 70 of the Environmental Planning and Assessment Regulation 2021.

Notification of Home Building Act 1989 requirements

1. This section applies to a development consent for development involving residential building work if the principal certifier is not the council.

2. It is a condition of the development consent that residential building work must not be carried out unless the principal certifier for the development to which the work relates has given the council written notice of the following—

a. for work that requires a principal contractor to be appointed—

i. the name and licence number of the principal contractor, and

ii. the name of the insurer of the work under the Home Building Act 1989, Part 6,

b. for work to be carried out by an owner-builder—

i. the name of the owner-builder, and

ii. if the owner-builder is required to hold an owner-builder permit under the Home Building Act 1989—the number of the owner-builder permit.

3. If the information notified under subsection (2) is no longer correct, it is a condition of the development consent that further work must not be carried out unless the principal certifier has given the council written notice of the updated information.

4. This section does not apply in relation to Crown building work certified to comply with the Building Code of Australia under the Act, Part 6.

Condition reason: Prescribed condition under section 71 of the Environmental Planning and Assessment Regulation 2021.

Approved plans and supporting documentation

Development must be carried out in accordance with the following approved plans and documents, except where the conditions of this consent expressly require otherwise.

Approved plans
Plan number	Revision number	Plan title	Drawn by	Date of plan
A.01	C	Site Plan	DA Busters	21/09/2023 received by council 30/11/2023
-	B	Carport Plans	DA Busters	30/11/2023
-	-	Shed Plan and Elevations	Shed Tech	24/03/2023

In the event of any inconsistency with the approved plans and a condition of this consent, the condition prevails.

Condition reason: To ensure all parties are aware of the approved plans and supporting documentation that applies to the development.

Before building work commences

5	Appointment of a Principal Certifier
	Prior to the commencement of any construction works, the person having benefit of this Development Consent must appoint a Principal Certifier.
	Condition reason: To ensure legislative requirements are met.
6	Construction Certificate
	A Construction Certificate must be submitted and approved by a nominated Certifier prior to any building works taking place on the subject site. The Construction Certificate must be lodged via the NSW Planning Portal.
	Condition reason: To ensure compliance with the requirements of the Environmental Planning and Assessment Regulation 2021.
7	Erosion and sediment controls in place
	Before any site work commences, the Principal Certifier, must be satisfied that erosion and sediment controls in the erosion and sediment control plan are in place. These controls must remain in place until any bare earth has been restabilised in accordance with 'Managing Urban Stormwater: Soils and Construction’ prepared by Landcom (the Blue Book) (as amended from time to time).
	Condition reason: To ensure sediment laden runoff and site debris do not impact local stormwater systems and waterways.
8	Notice of intention to commence building work
	The proponent must give the Principal Certifier at least 2 days notice of their intention to commence building works. The notice of intention to commence building works must be lodged on the NSW Planning Portal in accordance with Section 6.6 of Environmental Planning and Assessment Act 1979 and Section 59 of Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.
	Condition reason: To ensure legislative requirements are met
9	Underground Services
	The proponent 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.
	Condition reason: To ensure the utility services are protected and satisfactory for the proposed development.

During building work

10	Discovery of relics and Aboriginal objects
	While site work is being carried out, if a person reasonably suspects a relic or Aboriginal object is discovered: a. the work in the area of the discovery must cease immediately; b. the following must be notified i. for a relic – the Heritage Council; or ii. for an Aboriginal object – the person who is the authority for the protection of Aboriginal objects and Aboriginal places in New South Wales under the National Parks and Wildlife Act 1974, section 85. Site work may recommence at a time confirmed in writing by: a. for a relic – the Heritage Council; or b. for an Aboriginal object – the person who is the authority for the protection of Aboriginal objects and Aboriginal places in New South Wales under the National Parks and Wildlife Act 1974, section 85.
	Condition reason: To ensure the protection of objects of potential significance during works.
11	Procedure for critical stage inspections
	While building work is being carried out, the work must not continue after each critical stage inspection unless the principal certifier is satisfied the work may proceed in accordance with this consent and the relevant construction certificate.
	Condition reason: To require approval to proceed with building work following each critical stage inspection.
12	Approved Plans
	A copy of the endorsed plans, specifications, development consent, the construction certificate and any other certificates to be relied upon shall be available on site at all times during construction.
	Condition reason: To ensure compliance with relevant plans and approvals
13	Deliveries
	While site work is being carried out, deliveries of material and equipment must only be carried out between— · Mondays to Fridays - 7:00am to 6:00pm; · Saturdays - 8:00am to 1:00pm; · No work permitted on Sundays and Public Holidays.
	Condition reason: To protect the amenity of neighbouring properties.
14	Earthworks
	No earthworks are permitted to be undertaken beyond those detailed on the approved plans unless otherwise permitted by the exempt development provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
	Condition reason: To ensure that the development is consistent with the approval
15	Footpath Storage
	Building materials not to be stored on Council footway or nature strip at any time.
	Condition reason: To ensure an adequate level of public safety is maintained.
16	Hours of Work
	Site work must only be carried out between the following times – · Mondays to Fridays - 7:00am to 6:00pm; · Saturdays - 8:00am to 1:00pm; and · No work is permitted on Sundays and Public Holidays. Site work is not to be carried out outside of these times except where there is an emergency, or for urgent work directed by a police officer or a public authority.
	Condition reason: To protect the amenity of the surrounding area.
17	Restricted Public Access
	It is the responsibility of the proponent 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 SafeWork NSW Regulations.
	Condition reason: To ensure public safety is maintained.
18	Roof Water
	Roof water generated by the development must be discharged to the water table or a rainwater tank complying with exempt development provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. The stormwater outlet or tank overflow outlet must discharge:- · to the watertable; and · away from any buildings, structures, property boundaries and effluent disposal area; The point of discharge from the overflow must be · protected from being crushed or damaged; and · provided with scour protection to prevent erosion
	Condition reason: To ensure that roof water is disposed of without nuisance to neighbours, damage to property or the environment.
19	Works Near Electricity Infrastructure
	Given there is electricity infrastructure in the area, it is the responsibility of the person/s completing any works around powerlines to understand their safety responsibilities. SafeWork NSW (www.safework.nsw.gov.au) has publications that provide guidance when working close to electricity infrastructure. These include the Code of Practice – Work near Overhead Power Lines and Code of Practice – Work near Underground Assets.
	Condition reason: Safety of workers and building occupants.
20	Activities within Electricity Easements and Close to Infrastructure
	Essential Energy’s records indicate there is electricity infrastructure located within close proximity of the property. Any activities within this location must be undertaken in accordance with the latest industry guideline currently known as ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure. Approval may be required from Essential Energy should activities within the property encroach on the electricity infrastructure.
	Condition reason: Safety of workers, building occupants and protection of electricity infrastructure.

Before issue of an occupation certificate

21	Repair of infrastructure
	Before the issue of an occupation certificate any public infrastructure damaged as a result of the carrying out of work approved under this consent (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concreting vehicles) must be fully repaired to the written satisfaction of Council, and at no cost to Council.
	Condition reason: To ensure any damage to public infrastructure is rectified.
22	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 Certifier.
	Condition reason: To ensure the development is completed to a safe standard to allow use or occupation and to ensure compliance with the requirements of this consent.
23	Stabilisation of Earthworks
	Prior to the issue of an Occupation Certificate all earthworks must be appropriately retained or battered at a ratio no steeper than 1:3 (vertical: horizontal) and vegetated to prevent erosion. Any retaining wall constructed on-site must comply with the exempt development provisions of State Environmental Planning Policy (Exempt and Complying development Codes) 2007 or have necessary development and construction approval.
	Condition reason: To ensure earthworks are appropriately protected.

Occupation and Ongoing use

24	Use of non-habitable structures
	The shed shall not be used or adapted for any residential, commercial or industrial purpose unless prior development consent has been obtained.
	Condition reason: To ensure the structure is used in accordance with this approval.

Introduction

This report assesses a development application (DA2023/101), for the construction of a 123.5m² shed ancillary to existing dwelling on the property and the continued use of an existing 51m² carport ancillary to the dwelling which was constructed without necessary development and construction approvals at Lot: 1 DP: 1296902, 6 Pinkerton Lane, Cootamundra.

The application is referred to full Council for determination, as the application seeks a variation of minimum setback requirements for carports set out by the Cootamundra Development Control Plan (DCP) 2013.

Discussion

The assessment of the application has thoroughly considered all relevant matters under Section 4.15 of the Environmental Planning and Assessment Act 1979 (the Act) and the requirements of relevant Environmental Planning Instruments and the Cootamundra DCP 2013.

Council staff have delegation to determine developments that comply with the Cootamundra LEP 2013 and DCP 2013, however, delegations do not extend to the determination of developments where a variation of the DCP 2013 is sought. In such circumstances, delegations require the application to be referred to Council for determination.

The development assessment concludes that the development, including proposed setback variation for the carport, is appropriate in the context of the area. However, the shed proposed to be constructed would be located on imported fill that has been placed on the site without consent. The source of the fill is unknown, and no testing certificates or certification has been submitted that demonstrates that it is clean and free of contaminants. Subsequently, Council cannot be satisfied that the development would not cause adverse impacts to the natural environment unless testing of the material is undertaken and results assessed as part of the application.

In light of this, it is the recommendation of council staff that a deferred development consent be granted. A deferred consent would require testing of the fill to be undertaken to verify that it does not contain hazardous or polluting materials and meets the requirements of Virgin Excavated Natural Material as defined in Schedule 1 of the Protection of the Environment Operations Act 1997 or a material identified as being subject to a resource recovery exemption by the NSW EPA. Upon the submission of satisfactory testing results, an operational development consent may be issued, permitting the progression of the development. No subsequent development application would be required for the applicant to secure an operational consent; rather, compliance with the recommended condition would suffice.

Should the test results indicate contaminated material in the fill, corrective measures would need to be implemented, including the removal of the material and remediation of the site. The specific actions required would be contingent upon the outcomes of the required test results.

Financial

There are no financial impacts to this development.

OLG 23a Guideline consideration

There are no impacts or considerations in regard to the 23a Guidelines.

Ordinary Council Meeting Agenda

12 December 2023

8.4.4 DA2023/035 - 190 and 274 Turners Lane, Cootamundra - proposed six (6) lot subdivision

DOCUMENT NUMBER

404084

REPORTING OFFICER

Laura Schweiger, Town Planner

AUTHORISING OFFICER

Paul Woods, Interim Deputy General Manager - CCD

RELEVANCE TO COMMUNITY STRATEGIC PLAN

2. A region for the future

2.2 A thriving region that attracts people to live, work and visit

2. A region for the future

2.3 A region that can accommodate and support strategic growth

4. Collaborative and progressive leadership

4.1 A clear strategic direction that is delivered upon

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

Policy implications are discussed within the attached development application assessment report.

ATTACHMENTS

1. DA 2023-035 DA Assessment Report ⇩

Recommendation

That Council approve the following development, subject to the consent conditions below:

§ Application No.: DA2023/035

§ Property: Lots 5 and 6 DP 1150609

190 and 274 Turners Lane

COOTAMUNDRA NSW 2590

§ Development: Subdivision – to subdivide the lots into 6 lots of 2 ha, 2.01 ha, 2.01 ha, 2.09 ha, 2.01 ha and 22.53 ha.

CONDITIONS:

PART A – ADMINISTRATIVE CONDITIONS

Terms of approval

A1. The developer shall carry out the development generally in accordance with the following plans and documents:

Drawing name	Sheet No.	Issue	Prepared by	Dated	Submitted
21288subdivision	1 of 7	6	CMS Surveyors	Nov 2023	28.11.2023
21288subdivision	2 of 7	6	CMS Surveyors	Nov 2023	28.11.2023
21288subdivision	3 of 7	6	CMS Surveyors	Nov 2023	28.11.2023
21288subdivision	4 of 7	6	CMS Surveyors	Nov 2023	28.11.2023
21288Adetail	1 of 14	5	CMS Surveyors	Nov 2023	28.11.2023
21288Adetail	2 of 14	5	CMS Surveyors	Nov 2023	28.11.2023
21288Adetail	3 of 12	5	CMS Surveyors	Nov 2023	28.11.2023
21288Adetail	4 of 14	5	CMS Surveyors	Nov 2023	28.11.2023
21288Adetail	5 of 14	5	CMS Surveyors	Nov 2023	28.11.2023
21288Adetail	6 of 14	5	CMS Surveyors	Nov 2023	28.11.2023
21288Adetail	7 of 14	5	CMS Surveyors	Nov 2023	28.11.2023
21288Adetail	8 of 14	5	CMS Surveyors	Nov 2023	28.11.2023
21288Adetail	9 of 14	5	CMS Surveyors	Nov 2023	28.11.2023
21288Adetail	10 of 14	5	CMS Surveyors	Nov 2023	28.11.2023
21288Adetail	11 of 14	5	CMS Surveyors	Nov 2023	28.11.2023
21288Adetail	12 of 14	5	CMS Surveyors	Nov 2023	28.11.2023
21288Adetail	13 of 14	5	CMS Surveyors	Nov 2023	28.11.2023
21288Adetail	14 of 14	5	CMS Surveyors	Nov 2023	28.11.2023
Statement of environmental effects (53 pages), prepared by CMS Surveyors Pty Ltd, Rev03, dated 28/11/2023, submitted 28.11.2023.

Inconsistencies between documents

A2. In the event of any inconsistency between the documentation referred to in Condition A1, the most recent document shall prevail to the extent of the inconsistency.

A3. In the event of any inconsistency between conditions of this approval and documents referred to in Condition A1, the conditions of this approval shall prevail to the extent of the inconsistency.

Lapsing of approval

A4. This development approval shall lapse five (5) years after the date on which it is granted, unless the works associated with the development have physically commenced.

Statutory Requirements

A5. All licences, permits and approvals must be obtained and maintained as required throughout the life of the development. No condition of this approval remove the requirement to obtain, renew or comply with such licences, permits or approvals.

Cost of works

A6. All works associated with the proposal, or required by this consent, will be at no cost to Council.

Prescribed Conditions

A7. All relevant prescribed conditions under Part 4, Division 2 of the Environmental Planning & Assessment Regulation 2021 apply and must be complied with.

PART B – PRIOR TO ISSUE OF SUBDIVISION WORKS CERTIFICATE

Road design plan

B1. A road design plan shall be prepared by a Civil Engineer or other suitably qualified professional, in accordance with all relevant Austroads “Guide to Road Design”. The plan shall be submitted to, and approved by, Council, prior to the issue of a subdivision works certificate. The plan shall include but not be limited to details of design and construction for the following:

(a) the widening of Turners Lane to achieve a minimum width of 5.5 metres (2 x 2.75 metres lanes), from the common boundary of Lots 10 and 11 DP 1217995 (to west of the site), through to the eastern boundary of Lot 2 DP 1004745 (to the east of the site),

(b) access to each lot, including type, location and available sight distance (from either the existing road or proposed road extension),

(c) signage in accordance with Australian Standard AS1742 - Manual of uniform traffic control devices,

(d) tree removal and/or pruning.

NOTE: If the detailed engineering plans identify that additional tree removal (not approved as part of this consent) is required, a modification application for the additional tree removal, must be lodged and approved, prior to a subdivision works certificate being issued.

PART C – PRIOR TO COMMENCEMENT OF WORKS

Subdivision works certificate

C1. A subdivision works certificate must be obtained from Council or an Accredited Certifier prior to work commencing, for all road construction works.

C2. Full engineering design plans, prepared in accordance with Part B conditions, shall accompany the applications for a subdivision works certificate, and shall cover all civil works.

Notice to be Given Prior to Commencement

C3. The Principal Certifier (PC) and Council shall be given written notice, at least 48 hours prior to the commencement of works on the site.

C4. Seven days prior to commencement of engineering works on the site, the person having the benefit of the consent shall notify Council and the PC of:

(a) the appointed Project Manager

(b) the appointed Construction Contractor

(c) the intention to start site works,

(d) a 24 hour telephone number, for contact with the construction manager, to be operated for the duration of the construction works.

C5. The Project Manager shall arrange an on-site meeting with the nominated Contractor, Council’s Engineering Representative and PC, prior to work commencing.

Application to carry out works in road reserve.

C6. Any works constructed or undertaken on public roads dedicated in the name of Cootamundra-Gundagai Regional Council or utilised for the carrying out of work on adjacent properties, shall not be undertaken until an approval under the Roads Act, 1993 (works within the road reserve application), has been obtained.

C7. The following documentation and plans shall accompany the application for approval under the Roads Act 1993:

(a) a Traffic Control Plan (TCP prepared by an accredited person, which contains their Certification Number, origin of issue and the date of issue),

(b) the approved road design plans and accompanying construction certificate (where Council has not issued the construction certificate).

Site notice

C8. A site notice(s) shall be prominently displayed at the boundaries of the site for the purposes of informing the public of development details including, but not limited to:
(a) details of the PC;

(b) the approved hours of work;

(c) the name of the site/project manager and the primary contract the responsible managing company (if any), its address and 24 hour contact phone number for any inquiries; and

(d) a statement that unauthorised entry to the site is not permitted.

Sedimentation and erosion controls

C9. Where necessary, site erosion control measures shall be incorporated into site management, prior to work commencing. Care shall be taken to ensure that no nuisance is created to adjoining properties or public space by way of sediment run off.

PART D – DURING CONSTRUCTION

Hours of construction

D1. Construction hours shall be limited to the following:

(i) Mondays to Fridays – 7:00 am to 6:00 pm

(ii) Saturdays – 8:00 am to 1:00 pm

(iii) Sundays and public holidays – Nil

(iv) \Any other times – only with the prior written consent of Council.

Noise management

D2. All activities on the site shall be undertaken with the objective of minimising noise emissions from plant and equipment, by installing and maintaining, wherever practicable, efficient silencers and low-noise mufflers.

Dust management

D3. All activities on the site shall be undertaken with the objective of preventing visible emissions of dust from leaving the site, including wind-blown and traffic-generated dust. Should such visible dust emissions occur at any time, the Developer shall identify and implement all practicable dust mitigation measures, including cessation of relevant works or dampening of site roads and work areas, as appropriate, such that emissions of visible dust cease.

Construction waste

D4. The storage of waste shall occur within the boundaries of the site, by way of a screened area of silt stop fabric, shade cloth or waste disposal bin/skip.

D5. Any waste materials removed from the site shall only be directed to a waste management facility lawfully permitted to accept the materials.

D6. The Developer shall maximise the treatment, reuse and/or recycling on the site of any excavated soils, slurries, dusts, aggregate and sludges associated with the development, to minimise the need for treatment or disposal of those materials outside the site.

Tree removal and protection measures

D7. Approval is granted for the removal of the following trees/shrubs located in the Turners Lane Road reserve:

(a) two eucalyptus trees located at the proposed location of the access to Lots 104 and 105,

(b) removal of the exotic shrub/bush immediately to the east of the proposed location of the access to Lots 104 and 105,

(c) removal of the exotic shrub/bush at the proposed location of the access to Lots 101 and 102,

(d) removal of the exotic shrub/bush located approximately 17 metres to the east of the proposed location of the access to Lots 101 and 102.

D8. Approval is granted for the pruning of the low-hanging branches on the following trees/shrubs located in the Turners Lane Road reserve, to a height of approximately eight (8) metres:

(a) eucalyptus tree located approximately 15 metres to the west of the access to Lots 101 and 102,

(b) kurrajong tree located approximately 20 metres to the east of the access to Lots 101 and 102.

D9. No approval is granted for the removal of any other trees on the site or in the road reserve as a result of the subdivision.

D10. All trees on the site and on Council land, and that may be threatened by the works, are to be suitably protected in accordance with AS 4970-2009 Protection of trees on development sites, by way of tree guards, barriers or other measures as necessary in order to protect tree root systems, trunks and branches, during construction.

Fencing

D11. A rural stock proof fence shall be erected along all allotment boundaries (internal and external). The developer shall ensure that the fence lines adjacent to public roads are on the correct boundary alignment, by having the boundaries marked by a Registered Surveyor, and a written statement shall be lodged by the Surveyor, confirming that all fencing is erected and on the correct alignment.

D12. All fencing shall be located to avoid tree removal, with any minor deviations in the fencing to be reflected on the final plan of subdivision.

Approved Plans to be On-site.

D13. A copy of the approved and certified plans, specifications and documents incorporating conditions of approval and certification, and all relevant environmental approvals, shall be always kept on the site, and shall be made available for perusal by any officer of Council or the PC on request.

Unexpected finds

D14. The applicant must ensure that if any unexpected archaeological deposits or relics not identified and considered in the supporting documents for this approval are discovered, work must cease in the affected area(s) and the Heritage Council of NSW must be notified as required by s146 of the Heritage Act 1977. Additional assessment and approval may be required prior to works continuing in the affected area(s) based on the nature of the discovery.

Setting out of Infrastructure / Structures

D15. The engineering works shall be set out by a registered surveyor to verify the correct position of the infrastructure in relation to property boundaries and the approved alignment levels. A report from the registered surveyor shall be furnished to the PC and Council for verification prior to any inspections being carried out by the PC.

Certification and inspection of subdivision works.

D16. The subdivision works must be inspected and tested by the PC, at each relevant stage of construction to demonstrate compliance with the approved plans. Where Council is not the PC, documentary evidence shall be provided by the PC to Council, demonstrating compliance.

D17. Where Council is nominated as the PC, Council shall be given a minimum of 48 hours notice prior to any critical stage inspection or any other inspection nominated by the PC.

Installation of services

D18. Service conduits for electricity and telecommunications cabling shall not be trenched across any road pavements.

State Survey Marks

D19. The developer shall ensure that any existing State Survey Marks will not be disturbed. If it so happens that any SSMs falls within any works associated with the development it shall be relocated at the developer’s cost or if it is disturbed, reinstatement costs shall also be borne by the developer.

PART E – PRIOR TO ISSUE OF SUBDIVISION CERTIFICATE

Completion of engineering works

E1. All engineering works (roadworks) shall be completed in accordance with the approved plans and subdivision works certificate, prior to the issue of a subdivision certificate.

Water supply

E2. Evidence shall be supplied to Council in the form of a works as executed plan, demonstrating that the private water supply line proposed to be relocated, has been relocated in accordance with the approved plans.

Utility services

E3. Prior to the issue of a Subdivision Certificate, a copy of the Notice of Arrangement (NOA) from Essential Energy, which states that satisfactory supply arrangements have been made for the provision of electricity to each of the lots in the subdivision, shall be provided to Council.

E4. Prior to the issue of a Subdivision Certificate written advice shall be obtained from an approved telecommunications carrier stating that satisfactory arrangements have been made to ensure the provision of adequate services to the development.

Damage to infrastructure or services

E5. The cost of repairing any damage caused to Council or other Public Authority’s assets in the vicinity of the subject site as a result of construction works associated with the approved development, is to be met in full by the developer prior to the release of any subdivision certificate.

Street addressing

E6. Rural addressing numbers shall be purchased from Council and erected for each lot, in accordance with the NSW Addressing User Manual prepared by the Geographical Names Board of NSW, as follows:

Lot No.	Primary number
101	186 Turners Lane, Cootamundra
102	188 Turners Lane, Cootamundra
103	200 Turners Lane, Cootamundra
104	218 Turners Lane, Cootamundra
105	220 Turners Lane, Cootamundra
106	274 Turners Lane, Cootamundra

NOTE: Rural addressing numbers to be confirmed when entrances constructed, which may result in changes to the above numbers.

Defects Liability Period and bond

NOTE: These following conditions only apply in respect of works caried out by a contractor other than Cootamundra-Gundagai Regional Council.

E7. For a period of twelve (12) months after the subdivision certificate is issued, the subdivider must remedy any defects or omissions in the subdivision works.

NOTE: Defects do not include reasonable wear and tear or damage caused to the works by inappropriate use (e.g. damage or abuse from traffic accidents or vandalism).

E8. The defects liability bond must be submitted with the subdivision certificate application. The bond must be in the form of cash or unconditional bank guarantee (no lapse date) for an amount of 5% of the agreed value of the subdivision works or $ 5,000, whichever is the greater.

E9. At any time during the defects liability period, the consent authority may direct the subdivider to rectify any omission or defect in the subdivision works. The direction will identify the scope of works to rectification and state the time by which the subdivider shall complete the work of rectification (or stages of the rectification) and may state the time by which rectification shall commence.

E10. If the subdivider fails conforming to the direction or part of the direction, the consent authority may perform the works and charge costs to the subdivider. The Council will deduct any costs incurred from the defects liability bond.

E11. At the expiry of the defects liability period the subdivider shall arrange Council to carry out an inspection of the subdivision works, and request a return of the defects liability bond.

E12. If Council determines that the subdivision works are satisfactory, Council will refund the balance of the defects liability bond.

E13. If unremedied subdivision work defects or omissions are detected by the Council during the inspection, the subdivider must remedy these works and re-apply for an off defects liability inspection. Council may retain some or all of the defects liability bond for a further period of twelve (12) months.

Final subdivision plans

E14. The submission of a final plan of subdivision suitable for registration at the Land Titles Office.

Registration of easements and restriction as to users

E15. Easements shall be created over all services to the satisfaction of the relevant authority, and/or wherever Council deems necessary to allow unrestricted access to the service, and restrictions as to user created, under section 88B of the Conveyancing Act 1919, including, but not limited to, the following:

a) release of the existing power easement on Lot 5 DP 1150609 (created by DP 1062169), and creation of a new power easement over the power lines on-site,

b) release of the existing restriction as to user on Lot 5 DP 1150609 (created by DP 1004745),

c) release of the existing water supply easement on Lot 5 DP 1150609, that benefits Lot 2 DP 850604 (created by DP 1004745), and creation of a new water supply easement over the relocated water supply line, benefiting Lot 2 DP 850604,

d) right of access over Lot 102 to benefit Lot 101,

e) a reciprocal right of access over the combined access to Lots 104 and 105,

f) restriction as to user on proposed Lots 101, 102, 104 and 105), that requires the installation/provision of water storage with a minimum capacity of 20,000 litres for fire-fighting purposes with an appropriately sized Storz fitting.

E16. The 88B Instrument shall be submitted to the PCA with the final plan of subdivision as a prerequisite to the endorsement of the subdivision certificate.

E17. Council is not to be nominated as the prescribed authority in the 88B instrument, in relation to any restrictions imposed by the developer relating to buildings and improvements (e.g building materials, setbacks, design matters, etc).

REASONS FOR THE CONDITIONS:

§ To confirm the details of the application as submitted by the applicant and as approved by Council.

§ To manage any inconsistencies between the approved plan/documents and conditions of consent.

§ To achieve the objectives of section 1.3 of the Environmental Planning and Assessment Act 1979, having regard to the relevant matters for consideration contained in section 4.15 of the Act and the Environmental Planning Instruments applying to the land.

§ To ensure that adequate access is provided to each lot, and the road network is upgraded to cater for the additional traffic generated by the development.

§ To ensure works are carried out to the appropriate standard.

§ To ensure the lots are adequately serviced.

§ To protect the existing trees.

§ To protect the amenity of the local environment, residents and adjoining landowners.

§ To ensure the development complies with all relevant approvals.

SCHEDULE 1, DIVISION 4, CLAUSE 20 - REASONS FOR THE DECISION:

This section of the Act requires the public notification of certain decisions, the date of the decision, the reasons for the decision and how community views were taken into account in making the decision. The reasons for the decision and how community views were taken into account, as it relates to this development application are:

§ the proposed development is not inconsistent with the objectives of the zone,

§ the proposed development is permitted in the zone,

§ the proposed development does not compromise the relevant Environmental Planning

Instruments,

§ any potential concerns have been ameliorated by appropriate conditions,

§ the proposal is not inconsistent with the key planning provisions contained within the

applicable environmental planning instruments,

§ the proposal will have an acceptable environmental impact,

§ the proposal is consistent with the zone and desired future character of the area,

§ notification of the application in accordance with the relevant environmental planning instrument and/or policy was carried out, and no submission were received, and the issues raised in the submission have been addressed during the assessment and through the imposition of conditions of consent.

Introduction

This report assesses a development application for the subdivision of Lots 5 and 6 DP 1150609, 190 and 274 Turners Lane, Cootamundra, into six (6) lots of 2 ha, 2.01 ha, 2.01 ha, 2.09 ha, 2.01 ha and 22.53 ha.

Discussion

This application was duly notified, and five (5) submissions were received, raising a number of issues and/or concerns with the proposed subdivision including such things as road conditions, traffic access, noise, dust, amenity, suitability of the stem tree removal and stormwater. The development also proposes some policy variations. On this basis, the application has been presented to Council for determination.

The assessment of the application has considered all relevant matters under Section 4.15 of the Environmental Planning and Assessment Act 1979 (the Act), the objects of the Act and the comments from the Environment Protection Authority. The assessment concludes that the application can be approved, subject to conditions. See development assessment report (Attachment 1).

With the implementation of the recommended conditions, it is considered that the impacts of the development can be appropriately managed and/or mitigated. Consequently, it is considered that the development meets all relevant environmental and amenity criteria and that the development is in the public interest and recommended for approval, subject to conditions.

Financial

There are no financial impacts to this development.

OLG 23a Guideline consideration

There are no impacts or considerations regarding any 23a Guidelines.

Ordinary Council Meeting Agenda

12 December 2023

8.7 Regional Services Gundagai

8.7.1 Regional Services Gundagai Works Report for November 2023

DOCUMENT NUMBER

404098

REPORTING OFFICER

Donna Britton, Operations Support Officer - Facilities

AUTHORISING OFFICER

Matt Stubbs, Deputy General Manager - Operations

RELEVANCE TO COMMUNITY STRATEGIC PLAN

2. A region for the future

2.2 A thriving region that attracts people to live, work and visit

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

Regional Services Gundagai Report for December 2023, be received and noted.

Introduction

The report for December 2023, is a snapshot of the diverse works Gundagai Regional Services performed over the previous month and intends to give an update on the ongoing works being conducted.

Discussion

This report focuses on the divisions projects as we progress through to completion, details our operational activities, informs, and updates the continued routine duties of this division.

1. Gundagai Parks & Gardens Section – Parks, Reserves, Sporting Fields and Playgrounds.

Achievements for the month of October include:

· Spraying and mowing at Burra Rd, Adjungbilly area, Tarrabandra Rd, Mt Adrah Cemetery, Closed Rd Eagle St, Spring Flat Rd.

· Rejuvenation of park structures and furniture continues.

· Watering and feeding of all hedges.

· Repair pavers in Sheridan St.

Recently two of our staff travelled to Temora to take part in a Mosquito workshop held by NSW Health. These staff members will now take part in a Surveillance and Mosquito Monitoring program in the Gundagai area.

Removal of dangerous tree at Yarri Park carpark area, the tree was completely hollow with only minimum timber remaining. Trimming of tree in Sheridan St, removal/clean-up of limbs and debris from storm damage.

2. Cemeteries

Cemetery achievements include:

· There have been 5 funerals in the previous month across all cemeteries, with the first burial in 20 years taking place at Mt Adrah.

· Repairs to sunken graves have been completed due to torrential rain.

· Ongoing maintenance of all 10 cemeteries continues.

3. Biosecurity Section:

News and Achievements include:

· Normal weed control continues to be a priority with qualified staff carrying out successful spot/general spraying.

· Spray activity areas for the month are Burra Rd, Adjungbilly area, Tarrabandra Rd, Closed Rd Eagle St, Spring Flat Rd.

Below are the spray records for the spraying completed for November 2023.

4. Gundagai Public & Council Facilities:

Gundagai Pool has opened with a fantastic start to the season with the new lessee doing a wonderful job. The newly repaired 50m pool leak has been a huge success. This will lead to great water savings over this coming season.

When the pool season finishes the refurbishment of the amenities will commence.

Carberry Park Public Toilet block with lift & change accessible bathroom is due to commence with security fencing being erected and the slab due to be laid prior to Christmas (weather permitting). The surveyors have been onsite to do the set out.

Gundagai Visitor information Centre has also had the surveyors in attendance to do the set out with works due to commence Mid-January. This project will run consecutively with the public toilet project.

Council has joined with Powerbank Electrical P/L in a Government incentive scheme to help convert Council facilities that have eligible old electric hot water systems to new Eco friendly efficient hot water systems to help meet zero emissions by 2050. Not all Council sites have been eligible to complete this conversion however, we have been able to facilitate this at 13 Council facilities across the Gundagai area.

5. Gundagai Waste:

Landfill/Transfer Station Operations

Social media posts reminding the community of Christmas opening times.

The scrap metal has been collected from the landfill; CRC shed has cleared with the latest pickup.

6. Compliance:

Compliance with the Companion Animals Act 1998

Local Government (General) Regulation 2021 – Reg 217(1)(f)

· Barking dog complaints have been addressed.

· 3 Cats were surrendered to Council.

· Illegal Dumping – Council have had another instance of illegal dumping requiring clean-up.

7. Gundagai Saleyards:

Monitoring of overnight stock being held at the saleyards continues.

Financial

There are no financial implications as all work has been carried out as per the approved 23/24 budget allocations.

OLG 23a Guideline consideration

There are no implications to the guidelines.

REPORTING OFFICER	Teresa Breslin, Executive Assistant to Mayor and General Manager
AUTHORISING OFFICER	Steve McGrath, 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 28 November 2023

DOCUMENT NUMBER	403774
AUTHORISING OFFICER	Charlie Sheahan, Mayor
REPORTING OFFICER	Charlie Sheahan, Mayor
ATTACHMENTS	Nil

DOCUMENT NUMBER	404214
AUTHORISING OFFICER	Charlie Sheahan, Mayor
REPORTING OFFICER	Charlie Sheahan, Mayor
ATTACHMENTS	1. Correspondence from City of Hemet ⇩