Ordinary Council Meeting Minutes
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23 July 2024
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MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council
Meeting
HELD AT THE Council
Chambers, Gundagai
ON Tuesday, 23 July
2024 AT 6:00PM
PRESENT: Cr
Gil Kelly (Mayor), Cr Penny Nicholson (Deputy Mayor), Cr Les Boyd, Cr Logan
Collins, Cr Trevor Glover, Cr David Graham and Cr Abb McAlister
IN
ATTENDANCE: Steve McGrath (Interim General Manager),
Matt Stubbs (Deputy General Manager - Operations), Linda Wiles (Manager
Business)
1 Acknowledgement
of Country
The Chairperson acknowledged the Wiradjuri people who are
the Traditional Custodians of the Land at which the meeting was held and paid
his respects to Elders, both past and present, of the Wiradjuri Nation and
extended that respect to other Aboriginal people who were present.
2 Open
Forum
Nil
3 Apologies
and Leave of Absence
3.1 Apologies
Resolution
161/2024
Moved: Cr
David Graham
Seconded: Cr Abb
McAlister
Apologies from Cr Charlie Sheahan and Cr Leigh Bowden
be received and leave of absence granted.
Carried
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3.2 Leave
of Absence
Nil
4 Disclosures
of Interest
Nil
5 Confirmation
of Minutes
5.1 Minutes
of the Ordinary Meeting of Council held on Tuesday 25 June 2024
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Resolution 162/2024
Moved: Cr
David Graham
Seconded: Cr
Logan Collins
The Minutes of the Ordinary Meeting of Council held on
Tuesday 25 June 2024 be confirmed as a true and correct record of the
meeting.
Carried
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5.2 Minutes
of the Extraordinary Meeting of Council held on Tuesday 16 July 2024
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Resolution
163/2024
Moved: Cr
Penny Nicholson
Seconded: Cr
Trevor Glover
The Minutes of the Extraordinary Meeting of Council
held on Tuesday 16 July 2024 be confirmed as a true and correct record of the
meeting.
Carried
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6 Mayoral
Minutes
6.1 Mayoral
Minute - Councillor Engagement
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Resolution
164/2024
Moved: Cr
Abb McAlister
Seconded: Cr Les
Boyd
The information in the Councillor Engagements Mayoral
Minute be received and noted.
Carried
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6.2 Mayoral
Minute - Thanking former Mayor Sheahan
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Resolution
165/2024
Moved: Cr
Gil Kelly
Seconded: Cr
Trevor Glover
That Council acknowledge and thank Councillor
Sheahan for his service to the CGRC community whilst serving in the position
as Mayor.
Carried
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7 Reports
from Committees
Nil
8 General
Manager’s Report
8.1 General
Manager Office
8.1.1 Land Classification
of Council Owned Land - Lot 50 DP 1270489
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Resolution
166/2024
Moved: Cr
David Graham
Seconded: Cr Penny
Nicholson
Council classify Lot 50 DP 1270489 as Operational
Land.
Carried
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8.1.2 Draft Equal
Employment Opportunity (EEO) Policy
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Resolution
167/2024
Moved: Cr
Les Boyd
Seconded: Cr Abb
McAlister
The Draft
Equal Employment Opportunity (EEO) Policy, attached to the
report, be adopted.
Carried
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8.1.3 2024 National General
Assembly - Building Community Trust
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Resolution
168/2024
Moved: Cr
Trevor Glover
Seconded: Cr
Logan Collins
The 2024
National General Assembly report, and attachment, be received and noted.
Carried
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8.2 Business
8.2.1 Authority to Affix
the Common Seal of Council - Riverina Regional Library Deed of Agreement
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Resolution
169/2024
Moved: Cr
Logan Collins
Seconded: Cr
Penny Nicholson
Authority be granted to the Mayor and Interim General
Manager to affix the common seal of Council and sign the Riverina Regional
Library (RRL) Deed of Agreement for the period 2022/2026.
Carried
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8.2.2 The Arts Centre
Cootamundra s.355 Committee Meeting Minutes
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Resolution
170/2024
Moved: Cr
Trevor Glover
Seconded: Cr Les
Boyd
The Minutes of The Arts Centre Cootamundra s.355
Committee Meeting held 18 April 2024 and 20 June 2024 attached to the report,
be received and noted.
Carried
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8.2.3 Muttama Hall
Management s.355 Committee Meeting Minutes
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Resolution
171/2024
Moved: Cr
David Graham
Seconded: Cr
Logan Collins
The Minutes of the Muttama Hall Management s.355
Committee Ordinary Meeting held, 12 June 2024, attached to the report, be
received and noted.
Carried
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8.2.4 Cootamundra
Showground Users s.355 Committee Meeting Minutes
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Resolution
172/2024
Moved: Cr
Trevor Glover
Seconded: Cr Abb
McAlister
The Minutes of the Cootamundra Showground User s.355
Committee Ordinary Meeting held on 19 June 2024 attached to the report, be
received and noted.
Carried
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8.3 Finance
8.3.1 Investment Report -
June 2024
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Resolution
173/2024
Moved: Cr
Penny Nicholson
Seconded: Cr Les
Boyd
The report detailing Council Cash and Investments as at
30th June 2024, be received and noted.
Carried
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8.4 Sustainable
Development
8.4.1 DA MOD 2023/101.2 - 6
Pinkerton Lane, Cootamundra
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Resolution
174/2024
Moved: Cr
Logan Collins
Seconded: Cr
David Graham
That
Council issue development consent for the following development subject to
the consent conditions below:
· Application No: DA MOD
2023/101.2
· 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.
General Conditions
1
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Compliance with Building Code of Australia and
insurance requirements under Home Building Act 1989
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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.
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2
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Erection of signs
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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.
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Condition reason: Prescribed condition under
section 70 of the Environmental Planning and Assessment Regulation 2021.
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3
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Notification of Home Building Act 1989 requirements
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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.
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Condition reason: Prescribed condition under section 71 of the
Environmental Planning and Assessment Regulation 2021.
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4
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Approved plans and supporting documentation
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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
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Plan number
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Revision number
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Plan title
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Drawn by
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Date of plan
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A.01
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C
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Site Plan
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DA Busters
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21/09/2023 received by council
30/11/2023
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A.01
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4
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Site Plan
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DA Busters
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10/7/2024
showing 2.195m
setback at closest point for shed
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-
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B
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Carport Plans
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DA Busters
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30/11/2023
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-
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-
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Shed Plan and Elevations
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Shed Tech
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24/03/2023
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In the event of any inconsistency with the
approved plans and a condition of this consent, the condition prevails.
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Condition reason: To ensure all parties are aware of the approved
plans and supporting documentation that applies to the development.
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Before building work commences
5
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Appointment of a Principal Certifier
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Prior to the commencement of any
construction works, the person having benefit of this Development Consent
must appoint a Principal Certifier.
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Condition reason: To ensure legislative requirements are met.
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6
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Construction Certificate
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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.
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Condition reason: To ensure compliance with the
requirements of the Environmental Planning and Assessment Regulation
2021.
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7
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Erosion and sediment controls in place
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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.
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8
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Notice of intention to commence building work
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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.
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Condition reason: To ensure legislative requirements are met
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9
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Underground Services
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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.
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Condition reason: To ensure the utility services
are protected and satisfactory for the proposed development.
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During building work
10
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Discovery of relics and Aboriginal objects
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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.
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Condition reason: To ensure the protection of objects of
potential significance during works.
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11
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Procedure for critical stage inspections
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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.
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Condition reason: To require approval to proceed
with building work following each critical stage inspection.
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12
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Approved Plans
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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.
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Condition reason: To ensure compliance with relevant plans and
approvals
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13
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Deliveries
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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.
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Condition reason: To protect the amenity of neighbouring
properties.
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14
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Earthworks
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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.
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Condition reason: To ensure that the development is consistent
with the approval
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15
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Footpath Storage
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Building materials not to be stored
on Council footway or nature strip at any time.
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Condition reason: To ensure an adequate level of public safety is
maintained.
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16
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Hours of Work
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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.
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Condition reason: To protect the amenity of the surrounding area.
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17
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Restricted Public Access
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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.
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Condition reason: To ensure public safety is maintained.
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18
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Roof Water
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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 water table; 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
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Condition reason: To ensure that roof water is disposed of
without nuisance to neighbours, damage to property or the environment.
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19
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Works Near Electricity Infrastructure
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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.
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Condition reason: Safety of workers and building occupants.
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20
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Activities within Electricity Easements and Close to
Infrastructure
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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.
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Before issue of an occupation certificate
21
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Repair of infrastructure
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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.
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Condition reason: To ensure any damage to public infrastructure
is rectified.
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22
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Occupation of building
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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.
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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.
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23
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Stabilisation of Earthworks
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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.
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Occupation and Ongoing use
24
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Use of non-habitable structures
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The shed shall not be used or adapted
for any residential, commercial or industrial purpose unless prior
development consent has been obtained.
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Condition reason: To ensure the structure is used in accordance
with this approval.
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25
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Condition – Building Certificate Required.
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As the existing carport structure was
constructed without a valid Construction Certificate or Complying
Development Certificate, you are required as part of this consent to
obtain a Building Certificate from Council to formalize the erection of
the structure in question.
Reason: To formalize the structure and prevent future orders
being imposed.
|
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Carried
VOTING RECORD
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FOR RESOLUTION
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AGAINST RESOLUTION
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Cr Gil Kelly (Mayor)
Cr Les Boyd
Cr Logan Collins
Cr Trevor Glover
Cr David Graham
Cr Abb McAlister
Cr Penny Nicholson
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Nil
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ABSENT
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DECLARED INTEREST
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Cr Charlie Sheahan
Cr Leigh Bowden
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Nil
|
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8.5 Engineering
Cootamundra
8.5.1 Cootamundra Engineering
Report - July 2024
|
Resolution
175/2024
Moved: Cr
Les Boyd
Seconded: Cr
Trevor Glover
The Cootamundra Engineering Report for the month of
July 2024 be noted.
Carried
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8.5.2 South East Weight of Loads
Group (SEWOLG)
|
Resolution
176/2024
Moved: Cr
Penny Nicholson
Seconded: Cr
David Graham
Council support continued membership of the South
Eastern Weight Of Loads Group (SEWOLG)
Carried
|
8.6 Engineering
Gundagai
8.6.1 Draft Motor Vehicle
Leaseback Participants Policy
|
Resolution
177/2024
Moved: Cr
Abb McAlister
Seconded: Cr Les
Boyd
The draft
Motor Vehicle Leaseback Participants Policy be adopted.
Carried
|
8.6.2 Gundagai Engineering
Report - July 2024
|
Resolution
178/2024
Moved: Cr
Trevor Glover
Seconded: Cr
David Graham
The Gundagai Engineering Report for the month of July
2024 be noted.
Carried
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8.7 Regional
Services Gundagai
8.7.2 Sportground &
Public Open Space Fees & Charges 2023/2024
|
Resolution
180/2024
Moved: Cr
Trevor Glover
Seconded: Cr Les
Boyd
1. All
Sports Ground and Open Space User Fees & Charges invoiced for the
2023/2024 financial year be waived.
2. Council
contacts the sporting groups that have paid invoices for the 2023/2024 year
advising them of the waiver and re-imburse the amount paid.
3. Council
contacts the sporting groups that have not paid their invoices, or those
groups which have not yet received an invoice for the 2023/2024 fees,
advising them of the waiver.
4. The
wavier of user fees doesn’t exclude the user groups from the
responsibility of paying for the use of their related utilities e.g., water,
power etc.
5. Council
acknowledges that there will be a reduction in revenue received for the hire
of Councils Sports Grounds, associated facilities, and Open Spaces.
6. Whilst
the Fees & Charges for Users of Sports Grounds and Open Spaces remains in
Council’s Fees and Charges, such Fees & Charges will not be levied
on User Groups of Sports Grounds and Open Spaces until a further
review/report is carried out following the determination of the Minister for
Local Government regarding the demerger proposition.
Carried
|
8.7.3 Gundagai Regional
Services Works Report
|
Resolution
181/2024
Moved: Cr
Penny Nicholson
Seconded: Cr
David Graham
The Gundagai Regional Services Department, Monthly
works report be received and noted.
Carried
|
8.8 Regional
Services Cootamundra
8.8.1 Draft Keeping of
Animals Policy
|
Resolution
182/2024
Moved: Cr
Logan Collins
Seconded: Cr Abb
McAlister
The 2024 revised edition of the Keeping of Animals
Policy be received and adopted. Noting 2 issues that requiring amendment
before being adopted.
Carried
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8.8.2 Regional Services -
Cootamundra Divisional Monthly Report to Council
|
Resolution
183/2024
Moved: Cr
Les Boyd
Seconded: Cr
Trevor Glover
The Regional Services Cootamundra Department Monthly
Works Report be received and noted.
Carried
|
9 Motion
of which Notice has been Given
Nil
10 Questions
with Notice
Nil
11 Confidential
Items
11.1 Closed Council
Report
|
Resolution
184/2024
Moved: Cr
David Graham
Seconded: Cr
Trevor Glover
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.
Carried
|
Resumption of Open Council Meeting
Resolution
185/2024
Moved: Cr
Logan Collins
Seconded: Cr
David Graham
The Open Council meeting resume.
Carried
|
Announcement of Closed Council Resolutions
Note: The Chairperson announced the resolutions made in
Closed Council.
11.2 Contract for
Sale - Dog on the Tuckerbox - Proposed Lot in unregistered plan of
subdivision of Lot 2 in DP160191 and Lot 529B in DP203601.
|
Resolution
186/2024
Moved: Cr
Abb McAlister
Seconded: Cr
Penny Nicholson
1. Council
agree to an extension of time, from 12 months to 16 months, to Cl38.14 of the
Contract for Sale of the proposed lot in unregistered plan of subdivision of
Lot 2 in DP160191 and Lot 529B in DP203601; and
2. The
amendment to Cl38.14 detailed in 1. above is to be achieved by an exchange of
correspondence between the parties to the Contact for Sale indicating
acceptance of the subject amendment to Cl38.14.
Carried
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The Meeting closed at 6:29pm.
The minutes of this meeting were confirmed at the Ordinary Council Meeting held
on 27 August 2024.
|
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CHAIRPERSON
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GENERAL MANAGER
|