Agenda of Ordinary Council Meeting - Tuesday, 27 August 2024

Ordinary Council Meeting Minutes

23 July 2024

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

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

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

5.2 Minutes of the Extraordinary Meeting of Council held on Tuesday 16 July 2024

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

6 Mayoral Minutes

6.1 Mayoral Minute - Councillor Engagement

Resolution 164/2024

Moved: Cr Abb McAlister

Seconded: Cr Les Boyd

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

Carried

6.2 Mayoral Minute - Thanking former Mayor Sheahan

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

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

Resolution 166/2024

Moved: Cr David Graham

Seconded: Cr Penny Nicholson

Council classify Lot 50 DP 1270489 as Operational Land.

Carried

8.1.2 Draft Equal Employment Opportunity (EEO) Policy

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

8.1.3 2024 National General Assembly - Building Community Trust

Resolution 168/2024

Moved: Cr Trevor Glover

Seconded: Cr Logan Collins

The 2024 National General Assembly report, and attachment, be received and noted.

Carried

8.2 Business

8.2.1 Authority to Affix the Common Seal of Council - Riverina Regional Library Deed of Agreement

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

8.2.2 The Arts Centre Cootamundra s.355 Committee Meeting Minutes

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

8.2.3 Muttama Hall Management s.355 Committee Meeting Minutes

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

8.2.4 Cootamundra Showground Users s.355 Committee Meeting Minutes

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

8.3 Finance

8.3.1 Investment Report - June 2024

Resolution 173/2024

Moved: Cr Penny Nicholson

Seconded: Cr Les Boyd

The report detailing Council Cash and Investments as at 30^th June 2024, be received and noted.

Carried

8.4 Sustainable Development

8.4.1 DA MOD 2023/101.2 - 6 Pinkerton Lane, Cootamundra

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

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~~
A.01	4	Site Plan	DA Busters	10/7/2024 showing 2.195m setback at closest point for shed
-	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 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
	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.
25	Condition – Building Certificate Required.
25	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.

Carried

VOTING RECORD
FOR RESOLUTION	AGAINST RESOLUTION
Cr Gil Kelly (Mayor) Cr Les Boyd Cr Logan Collins Cr Trevor Glover Cr David Graham Cr Abb McAlister Cr Penny Nicholson	Nil
ABSENT	DECLARED INTEREST
Cr Charlie Sheahan Cr Leigh Bowden	Nil

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

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

8.7 Regional Services Gundagai

8.7.1 Review of Gundagai Waste Management and related Transfer Station Operations

Resolution 179/2024

Moved: Cr David Graham

Seconded: Cr Penny Nicholson

1. Council acknowledges receipt of the report on the financial feasibility of transfer stations across the CGRC area.

2. Council defer further consideration of the report pending a councillor workshop to be held 13 August 2024.

Carried

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

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

The Meeting closed at 6:29pm.

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 27 August 2024.


CHAIRPERSON	GENERAL MANAGER

Ordinary Council Meeting Agenda

27 August 2024

7 Reports from Committees

7.1 Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Wednesday 31 July 2024

REPORTING OFFICER	Kylie Grybaitis, Road Safety Officer
AUTHORISING OFFICER	Matt Stubbs, Deputy General Manager - Operations
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 Cootamundra-Gundagai Local Traffic Committee Meeting held on Wednesday 31 July 2024

Recommendation

1. The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Wednesday 31 July 2024, 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:

2.1. That Council cease further works related to the installation of a pedestrian refuge at the roundabout intersection of Parker Street and Adams Street in Cootamundra and investigate the reallocation of LRCI funds.

2.2. Approval be given to The Wallendbeen Community Association to hold the Wallendbeen Long Lunch Event on Saturday 12^th October 2024 subject to the following conditions:

a) The temporary closure of Hoskins Street and King Street between 8:00am and 6:30pm on Saturday 12 October 2024.

b) That all businesses along the route be advised and the 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 has attached a Traffic Guidance Scheme (TGS) and will arrange placement and removal of all road barriers and signage.

2.3. That approval be given to CGRC to install a temporary speed reduction of 40km/h at the OiBell Drive intersection on Middleton Drive, Gundagai for the duration of the Snake Gully Cup Carnival scheduled for the 15 - 16 November 2024.

2.4. That approval be given for the Cootamundra Community of Schools to hold the 2024 Book Week Parade on Friday the 23 August 2024 subject to the following conditions:

a) The temporary closure of Parker Street between Adams and McKay Street between 10:30am and 12 noon, including Bourke Street at Parker Street and the Woolworths carpark entry exit at Parker Street.

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

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

d) A Police escort is organised for the duration of the parade by the event organiser.

e) The Event Risk Assessment and Hazard Summary forms associated with the Event Management Plan are completed and submitted to Council (attached).

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

g) Council has provided a Traffic Guidance Scheme (attached).

h) Council to arrange qualified traffic controllers and barrier placement and removal.

2.5. That the Ton Plus Two motorcycle event scheduled for Saturday 16 November 2024 be approved in principle subject to the following conditions:

a) An Event Management Plan (EMP) from the Cootamundra Antique Motor Club is completed and submitted to Council (attached).

b) A current Certificate of Currency (COC) from the Antique Motor Club is provided to Council, noting CGRC, NSW Police and TfNSW as interested parties no later than twenty-one (21) days prior to the event.

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

2.6. That the Cootamundra Salvation Army Toy Run Event scheduled for Saturday 14 December 2024 be approved in principle subject to the following conditions:

a) An Event Management Plan (EMP) from the Salvation Army is completed and submitted to Council.

b) A current Certificate of Currency (COC) from the Salvation Army and the Antique Motor Club are provided to Council, noting CGRC, NSW Police and TfNSW as interested parties.

c) An Emergency Services Agreement is signed and submitted to Council no later than twenty-one (21) days prior to the event.

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

2.7. That approval be given to the Cootamundra-Gundagai Regional Council for the annual Wattle Time Parade and Fair to hold this year’s event subject to the following conditions:

a) The closure of Murray Street between Adams and Bourke Street , Adams Street from Murray Street to Parker Street, Parker Street between Adams and Wallendoon Street, Wallendoon Street between Parker and Murray Street to hold the Street Parade between 10:15am and 11:00pm on Saturday 7 September 2024.

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

c) A Police escort is organised for the duration of the parade by the event organiser.

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

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

f) A Traffic Guidance Scheme and traffic control will be provided by Riverina Traffic Control (attached).

2.8. That approval be given to Cootamundra-Gundagai Regional Council to hold the Festival of Gundagai on Saturday 21^st September 2024 subject to the following conditions:

a) The temporary closure of Sheridan Street from Carberry Park to Byron Street between 3:30pm and 8pm on Saturday 21 September 2024.

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) Council will provide a Traffic Guidance Scheme and arrange the placement and removal of all road barriers.

2.9. That approval be given to Cootamundra Gundagai Regional Council to hold the 2024 Sparkling Streets Christmas Party event on Thursday 12 December 2024 in Cootamundra between 6pm and 9pm subject to the following conditions:

a) The temporary closure of Parker Street between 5pm and 10pm on Thursday 12 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) Council will provide a Traffic Guidance Scheme (TGS) and associated traffic control (attached).

2.10. That approval be given to Cootamundra-Gundagai Regional Council to hold the Christmas on Sheridan event in Gundagai on Friday 6 December 2024 between 5pm and 9pm subject to the following conditions:

a) The temporary closure of Sheridan Street between Otway Street and Homer Street from 3:30pm and 10pm on Friday 6 December 2024.

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

2.11. That approval be given for the Cootamundra Rodeo Association to hold the 2024 Rodeo Parade and Festival on Friday 1 November 2024 subject to the following conditions:

a) The temporary closure of Adams Street from the Fisher Park entry/exit point to the Parker Street roundabout then Parker Street through to and including the Wallendoon Street roundabout from 4:30pm until 5:30pm.

b) The temporary closure of Parker Street from 50m north of the Bourke Street intersection through to the north side of the Wallendoon Street roundabout from 4pm until 9pm. This closure will include the Bourke Street intersection and temporary relocation of the taxi rank.

c) That all businesses along the route be advised and road closures be advertised throughout the community.

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

e) A Police escort is organised for the duration of the parade by the event organiser.

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

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

h) Council provides an approved Traffic Guidance Scheme, traffic control and barrier placement and removal.

2.12. That approval be given to Cootamundra Health Care Co-Operative Ltd to hold the 2025 Coota Beach Volleyball Carnival from the 14 - 16 February 2025 subject to the following conditions:

a) The temporary closure of Murray Street (Wallendoon Street to Bourke Street) between Tuesday 11^th February and Monday the 17 February inclusive.

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

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

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

e) Council provides a Traffic Guidance Scheme and associated traffic control.

2.13. ‘No Parking – Police Excepted’ signage is no longer required at Stratton Park, Cootamundra as recommended in May 2024 Local Traffic Committee meeting.

2.14. Council removes the repeated stop line on the southern side of the Cooper Street pedestrian crossing located at the Wallendoon intersection, Cootamundra.

2.15. Council to install temporary disabled parking in the current No Parking zone at the entrance of the Civic Hall on Cooper Street, Cootamundra for the duration of the local election pre-polling period in September 2024.

Discussion

The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held 9 November 2023 are submitted for the information of Council and the community.

Cootamundra-Gundagai Local Traffic Committee Meeting Minutes

31 July 2024

MINUTES OF Cootamundra-Gundagai Regional Council
Cootamundra-Gundagai Local Traffic Committee Meeting
HELD AT THE Alby Schultz Meeting Centre, Cootamundra
ON Wednesday, 31 July 2024 AT 10:00am

PRESENT: Gill Kelly (Mayor), Gwen Norman (Local Electorate Representative), Greg Minehan (Lead Community & Safety Partner TfNSW), Ben Smith (Sergeant Riverina Highway Patrol), Justin Knewstub (Acting Sergent Riverina Police District)

IN ATTENDANCE: Gary Arthur (Acting Manager Engineering Cootamundra), Kylie Grybaitis (Road Safety Officer)

1 Acknowledgement of Country

2 Apologies and Leave of Absence

2.1 Apologies

Thomas Hogg (Acting Manager Engineering Gundagai)

Logan Collins (Councillor)

2.2 Leave of Absence

Nil

3 Disclosures of Interest

Nil

4 Confirmation of Minutes

2.1 Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Tuesday 7 May 2024

Recommendation

The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Tuesday 7 May 2024 be confirmed as a true and correct record of the meeting.

Moved: Gwen Norman

Seconded: Greg Mineham

5 Reports

3.1 Parker Street Roundabout Pedestrian Refuge

Recommendation

That Council cease further works related to the installation of a pedestrian refuge at the roundabout intersection of Parker Street and Adams Street in Cootamundra and investigate the reallocation of LRCI funds.

Discussion:

LTC members agreed that the new pedestrain refuge was no longer necessary due to the introduction of the 30km HPAA and proximity of existing infrastructure. The Local Roads Community Infrastructure (LRCI) funds may be reallocated to another approved LRCI project. Council will investigate suitable options.

3.2 Wallendbeen Long Lunch Event 2024

Recommendation

Approval be given to The Wallendbeen Community Association to hold the Wallendbeen Long Lunch Event on Saturday 12^th October 2024 subject to the following conditions:

a) The temporary closure of Hoskins Street and King Street between 8:00am and 6:30pm on Saturday 12 October 2024;

b) That all businesses along the route be advised and the 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 has attached a Traffic Guidance Scheme (TGS) and will arrange placement and removal of all road barriers and signage.

Discussion:

Approval granted.

3.3 Gundagai Snake Gully Cup Carnival 2024

Recommendation

That approval be given to CGRC to install a temporary speed reduction of 40km/h at the OiBell Drive intersection on Middleton Drive, Gundagai for the duration of the Snake Gully Cup Carnival scheduled for the 15 - 16 November 2024.

Discussion:

Approval granted.

3.4 Cootamundra Book Week Parade 2024

Recommendation

That approval be given for the Cootamundra Community of Schools to hold the 2024 Book Week Parade on Friday the 23 August 2024 subject to the following conditions:

a) The temporary closure of Parker Street between Adams and McKay Street between 10:30am and 12 noon, including Bourke Street at Parker Street and the Woolworths carpark entry exit at Parker Street;

b) That all businesses along the route be advised and road closures be advertised throughout the community;

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

d) A Police escort is organised for the duration of the parade by the event organiser;

e) The Event Risk Assessment and Hazard Summary forms associated with the Event Management Plan are completed and submitted to Council (attached);

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

g) Council has provided a Traffic Guidance Scheme (attached);

h) Council to arrange qualified traffic controllers and barrier placement and removal.

Discussion:

Approval granted. Noted that the Certificate of Currency (COC) does not identify interested third parties.

3.5 Cootamundra Ton Plus Two Motorcycle Event 2024

Recommendation

That the Ton Plus Two motorcycle event scheduled for Saturday 16 November 2024 be approved in principle subject to the following conditions:

a) An Event Management Plan (EMP) from the Cootamundra Antique Motor Club is completed and submitted to Council (attached);

b) A current Certificate of Currency (COC) from the Antique Motor Club is provided to Council, noting CGRC, NSW Police and TfNSW as interested parties no later than twenty one (21) days prior to the event;

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

Discussion:

Approved in principle. Noted that the Certificate of Currency (COC) identifying interested parties as requested is not current. The Cootamundra Antique Motor Club will be required to supply a current COC noting NSW Police, TfNSW and CGRC as interested parties no later than 21 days prior to the event.

3.6 Cootamundra Salvation Army Toy Run 2024

Recommendation

That the Cootamundra Salvation Army Toy Run Event scheduled for Saturday 14 December 2024 be approved in principle subject to the following conditions:

a) An Event Management Plan (EMP) from the Salvation Army is completed and submitted to Council;

b) A current Certificate of Currency (COC) from the Salvation Army and the Antique Motor Club are provided to Council, noting CGRC, NSW Police and TfNSW as interested parties;

c) An Emergency Services Agreement is signed and submitted to Council no later than twenty one (21) days prior to the event;

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

Discussion:

Noted that the Salvation Army are yet to submit an EMP and COC. Both organisations will be required to supply a current COC noting NSW Police, TfNSW and CGRC as interested parties no later than 21 days prior to the event.

3.7 Cootamundra Wattle Time Festival 2024

Recommendation

That approval be given to the Cootamundra-Gundagai Regional Council for the annual Wattle Time Parade and Fair to hold this year’s event subject to the following conditions:

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

c) A Police escort is organised for the duration of the parade by the event organiser.

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

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

f) A Traffic Guidance Scheme and traffic control will be provided by Riverina Traffic Control (attached).

Discussion:

Approval granted. This event is currently presented to the community under Expression of Interest to seek external organisations that may wish to run the event. The event will be managed by CGRC if no other parties are interested. CGRC will provide a current Certificate of Currency to committee members, noting that no interested third parties are identified in the policy.

3.8 Festival of Gundagai 2024

Recommendation

That approval be given to Cootamundra-Gundagai Regional Council to hold the Festival of Gundagai on Saturday 21^st September 2024 subject to the following conditions:

a) The temporary closure of Sheridan Street from Carberry Park to Byron Street between 3:30pm and 8pm on Saturday 21 September 2024;

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) Council will provide a Traffic Guidance Scheme and arrange the placement and removal of all road barriers.

Discussion:

3.9 Sparkling Streets Christmas Party 2024

Recommendation

That approval be given to Cootamundra Gundagai Regional Council to hold the 2024 Sparkling Streets Christmas Party event on Thursday 12 December 2024 in Cootamundra between 6pm and 9pm subject to the following conditions:

a) The temporary closure of Parker Street between 5pm and 10pm on Thursday 12 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) Council will provide a Traffic Guidance Scheme (TGS) and associated traffic control (attached).

Discussion:

3.10 Christmas on Sheridan 2024

Recommendation

That approval be given to Cootamundra-Gundagai Regional Council to hold the Christmas on Sheridan event in Gundagai on Friday 6 December 2024 between 5pm and 9pm subject to the following conditions:

a) The temporary closure of Sheridan Street between Otway Street and Homer Street from 3:30pm and 10pm on Friday 6 December 2024;

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

Discussion:

3.11 Cootamundra Rodeo and Street Parade 2024

Recommendation

That approval be given for the Cootamundra Rodeo Association to hold the 2024 Rodeo Parade and Festival on Friday 1 November 2024 subject to the following conditions:

c) That all businesses along the route be advised and road closures be advertised throughout the community;

d) The event organiser complies with any conditions set by Council and the NSW Police;

e) A Police escort is organised for the duration of the parade by the event organiser;

f) The Event Management Plan is completed and submitted to Council (attached);

g) A current Certificate of Currency is submitted to Council noting Council, TfNSW and NSW Police as interested parties;

h) Council provide an approved Traffic Guidance Scheme, traffic control and barrier placement and removal.

Discussion:

Approval granted in principle. A current Cerficate of Currency must be submitted at least twenty one (21) days prior to the event and note CGRC, TfNSW and NSW Police as interested third parties. Event organisers will be notified that the use of enticements is prohibited and people must not travel on the back of vehicles without approved protection rails or safety harnesses.

3.12 Coota Beach Volleyball Carnival 2025

Recommendation

That approval be given to Cootamundra Health Care Co-Operative Ltd to hold the 2025 Coota Beach Volleyball Carnival from the 14 - 16 February 2025 subject to the following conditions:

1. The temporary closure of Murray Street (Wallendoon Street to Bourke Street) between Tuesday 11^th February and Monday the 17^th February inclusive;

2. The event organiser complies with any conditions set by Council and the NSW Police;

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

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

5. Council provides a Traffic Guidance Scheme and associated traffic control.

Discussion:

Approval granted in principle. A current Cerficate of Currency must be submitted at least twenty one (21) days prior to the event and note CGRC, TfNSW and NSW Police as interested third parties.

3.13 Upcoming Events 2024-2025

Recommendation

For the Committee’s information

Discussion

Events noted. Additional events to be mentioned in furture LTC meetings include the Cootamundra Cup and the Coota Picnic Races.

3.14 General Business

Recommendations

‘No Parking – Police Excepted’ signage is no longer required at Stratton Park, Cootamundra as recommended in May 2024 Local Traffic Committee meeting.

Council remove the repeated stop line on the southern side of the Cooper Street pedestrian crossing located at the Wallendoon intersection, Cootamundra.

Council to install temporary disabled parking in the current No Parking zone at the entrance of the Civic Hall on Cooper Street, Cootamundra for the duration of the local election pre-polling period in September 2024.

Discussion:

1. Objection to Restricted Parking at Stratton Park, Cootamundra.

With consideration of the submission against item 7.1 of the May Council meeting 2024, LTC Committee members agreed that the installation of ‘No Parking–Police Excepted’ signage at Stratton Park was unnecessary and unsuitable for the location.

2. Cootamundra Arts Centre Building Safety Compliance and One Way Lane Direction

Noted.

3. Repeated Stop Line at the Cooper and Wallendoon Street Pedestrian Crossing

Committee members agree that the repeated stop line on the southern side of the Cooper Street pedestrian crossing is causing confusion for road users and should be removed.

4. West Street 50km Signage Upgrade

Current signage investigated by TfNSW and no upgrade is required. Speed bumps are not recommended in residential locations due to noise pollution.

5. Temporary Disabled Parking Space during Local Election Period.

LTC Committee Members agree that temporary disabled parking will be beneficial for residents during the two week pre polling period in September 2024.

6. No Parking Signage relocation on Poole Street

Noted and added to action items.

7. Cycle Alert Boards on Berthong Road no longer working.

Noted and Council to investigate.

8. Stop signs requested at the intersection of Boundary Road and Temora Road.

TfNSW to investigate. If location doesn’t meet warrants, other intersection enhancements may need to be considered.

9. Report of hazardous situation when exiting Olympic Highway onto Dirnaseer Road.

TfNSW to investigate.

The Meeting closed at 11:35pm.

The minutes of this meeting were confirmed at the Cootamundra-Gundagai Ordinary Council Meeting held on 27 August 2024.

................................................... …………………………………………………

CHAIRPERSON GENERAL MANAGER

Ordinary Council Meeting Agenda

27 August 2024

8.3.2 Finance Update - July 2024

DOCUMENT NUMBER

419298

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 July Finance Update has been reviewed and no issues have been detected.

Operations

Income

The operational income is at 30% when comparing actual to budget, with the annual rates already being recognised as income but becoming due and payable quarterly throughout the year. Water & Sewer rates haven’t been levied in 2025 yet.

Department	ACTUAL YTD	BUDGET	% Received	Result	Comment
Building Department	$205,966	$445,000	46%	J	Fees from new development in Coota received
Business Department	$7,149	$240,000	3%	J
Engineering Cootamundra	$104,453	$6,570,489	2%	J
Engineering Gundagai	$39,535	$2,600,488	2%	J
Executive Department	$0	$216,000	0%	J
Finance Department	$0	$16,440,195	0%	J
Rates Cootamundra	$6,801,789	$7,028,139	97%	J
Rates Gundagai	$4,407,916	$4,532,162	97%	J
Services Cootamundra	$2,881,378	$3,663,750	79%	J
Services Gundagai	$880,225	$1,620,000	54%	J
Sewer Cootamundra	$214,744	$2,910,807	7%	J
Sewer Gundagai	$0	$768,442	0%	J
Water Cootamundra	$2,164	$3,267,356	0%	J
Water Gundagai	$0	$1,629,444	0%	J
Total	$15,545,319	$51,932,272	30%	J

Expenditure

Operational Expenditure is at 7% when comparing actual to budget.

Department	TOTAL YTD	BUDGET	% Spent	Result	Comment
Building Department	$111,597	$1,572,902	7%	J
Business Department	$268,095	$3,377,405	8%	J
Engineering Cootamundra	$900,619	$9,716,544	9%	J
Engineering Gundagai	$314,960	$5,350,819	6%	J
Executive Department	$198,185	$2,310,938	9%	J
Finance Department	$1,229,612	$20,447,707	6%	J
Services Cootamundra	$465,214	$5,744,946	8%	J
Services Gundagai	$167,608	$2,608,306	6%	J
Sewer Cootamundra	$57,925	$1,581,694	4%	J
Sewer Gundagai	$52,594	$784,319	7%	J
Water Cootamundra	$87,175	$2,812,625	3%	J
Water Gundagai	$52,527	$1,210,655	4%	J
Total	$3,906,111	$57,518,860	7%	J

Capital

Income

Capital income is at 8% of budget as at 31 July 2024.

ASSET CATEGORY	TOTAL YTD	BUDGET	% RECEIVED	RESULT	COMMENTS
Plant & Equipment - Cootamundra	$81,135	$473,550	17%	K	Disposals need to be processed
Plant & Equipment - Gundagai	$0	$498,950	0%	K	Disposals need to be processed
Property Disposal – Cootamundra	$0	$0	0%	J	Proposed Carry forward budget to be presented
Property Disposal – Gundagai	$0	$0	0%	J
TOTAL	$81,135	$972,500	8%	K

Expenditure

Capital expenditure is at 22% of budget as at 31 July 2024.

Asset Category	Total YTD	Budget	% Spent	Result	Comments
Cootamundra Land	$153,977	$25,000	616%	J	Proposed Carry forward budget to be presented, Oliver Selwyn purchase to be reimbursed by insurance
Cootamundra Plant	$1,206,532	$1,300,000	93%	K	Budget for year already committed
Cootamundra Roads	$14,628	$2,035,672	1%	J
Cootamundra Building	$147,148	$428,050	34%	J
Cootamundra Recreation	$25,966	$214,500	12%	J
Cootamundra Bridges	$0	$2,411,625	0%	J
Cootamundra Roads	$0	$1,444,800	0%	J
Gundagai Building	$313,277	$268,434	117%	J	Proposed Carry forward budget to be presented
Gundagai Pools	$1,573	$309,915	1%	J
Gundagai Waste	$20,692	$720,000	3%	J
Gundagai Bridges	$0	$1,250,000	0%	J
Gundagai Plant	$142,192	$1,300,000	11%	J
Gundagai Roads	$1,008,797	$2,190,580	46%	J
IT	$0	$50,000	0%	J
Total	$3,034,782	$13,948,576	22%	J

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

27 August 2024

8.3.3 Restricted Cash Reconciliation - July 2024

DOCUMENT NUMBER

419299

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 31 July 2024 as shown in the below table.

	Bal 30 June 2024	Transfers To	Transfers From	Bal 31 July 2024
Aerodrome Bitumen Resurfacing	$165,588			$165,588
Bradman's Birthplace	$94,337			$94,337
Cootamundra Caravan Park	$213,037			$213,037
Heritage Centre	$27,490	$38		$27,528
Development - Land & Buildings	$1,767,204			$1,767,204
Employee Leave Entitlements	$1,798,460			$1,798,460
Quarries & Pit Restoration	$476,387		$197	$476,190
Bangus Landfill	$329,938			$329,938
Plant Replacement	$3,720,480	$282,791	$1,495,606	$2,507,665
Cemetery	$133,710	$16,003	$16,696	$133,017
Southern Phone	$586,464			$586,464
Waste Management	$500,000			$500,000
Total Internal	$9,813,095	$298,832	$1,512,499	$8,599,428

Externally Restricted Reserves
Domestic Waste	1,334,928	12,108	48,742	1,298,294
Water Supply	7,826,732	10,476	175,879	7,661,329
Sewerage Service	5,172,930	219,572	237,167	5,155,335
Stormwater Infrastructure Renewal	389,985			389,985
Developer Contributions	1,310,465	14,178		1,324,643
General Fund Unspent Grants & Contributions	5,633,377		150,173	5,483,204
Total External	21,668,417	256,334	611,961	21,312,790
TOTALS	31,481,512	555,166	2,124,460	29,912,218

Restricted Cash Reconciliation

Restricted Cash	29,912,218
Cash at 31 July 2024	31,276,545
Unrestricted Balance	1,364,327
Grant Debtors Outstanding	1,519,012
Balance	2,883,339

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

27 August 2024

8.3.4 2025 Carry Forward Budget

DOCUMENT NUMBER

419859

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

Net amount of $3.995M will be carried forward from prior years budget.

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

1. The Carry Forward Budget report be received and noted.

2. The budget variations in the report be adopted.

The Carry forward budget is prepared to transfer the unexpended balance or uncollected capital income from the prior financial year. There is no operational budget being carried forward this year.

Capital Income

Manager	Category	Project Description	$ to carry forward
Arthur	Property Disposal	Disposal of Council Property – Cootamundra	$610,000
Total			$610,000

Capital Expenditure

Manager	Category	Project Description	Funding Source	$ to carry forward
Bennett	BUILDING	Cootamundra Arts Centre Rehearsal Space	Grant	$58,056
Bennett	BUILDING	SCCF3-0043 - Sustainable Redevelopment and Upgrade of Cootamundra Library	Grant	$116,910
Bennett	BUILDING	Stockinbingal Hall - Footpath & Disabled Ramp (Local Roads and Community Infrastructure (LRCI Rd 2)	Grant	$49,619
Bennett	BUILDING	Amenities additions to Fisher Park Cootamundra - SCCF5-0562 Project 1 -	Grant	$100,000
Bennett	BUILDING	Replacement of toilet block Ellwoods Hall Stockinbingal - SCCF5-0562 Project 3	Grant	$168,350
Bennett	RECREATION	Redevelopment of Fisher Park Sporting Precint - Masterplan and immediate upgrades - Council Resolution 194/2022 May22	Reserve	$70,000
Ewings	BUILDING	Gundagai Visitors Information Centre redevelopment - disabled ramp and disabled toilet	Grant	$375,850
Ewings	BUILDING	SCCF 3 - 0105 - Gundagai Library Extension	Grant	$31,712
Ewings	BUILDING	SCCF3-1159 – Carberry Park Toilet Block Grant	Grant	$205,862
Ewings	POOLS	Gundagai Swimming Pool Refurb (SCF1 Funded and contribution from GunSwim)	Grant	$83,380
Ewings	PROPERTY	Gundagai South & Lawn Cemetery Toilet Block	Reserve	$77,594
Ewings	RECREATION	Lindley Park Playground Carpark (Local Roads and Community Infrastructure (LRCI Rd 2)	Grant	$5,540
Ewings	RECREATION	Sherwood Forest - Landon St Tree removal along walking track & Create green space and off leash dog park (Local Roads and Community Infrastructure (LRCI Rd 2)	Grant	$73,680
Ewings	RECREATION	Sherwood Forest - LRCI Round 4a	Grant	$135,000
Ewings	RECREATION	Owen Vincent - Cricket Nets (Local Roads and Community Infrastructure (LRCI Rd 4a)	Grant	$25,000
Hogg	PLANT	Gundagai Plant Replacement	Reserve	$808,049
Hogg	BRIDGES	Bridge Replacement 2022/2023 - 2024/2025- Hillas Creek Bridge - (Fixing Country Bridges R2	Grant	$230,757
Hogg	ROADS	Sheridan St Block 3 Upgrade - Stage 2 (Local Roads and Community Infrastructure (LRCI Rd 3)	Grant	$159,062
Hogg	ROADS	Annie Pyers Drive (Transport for NSW Grant)	Grant $160.8k /Revenue 150k	$310,824
Hogg	ROADS	First Avenue Footpath & Gutter Rehabilitation Stage 1 (Local Roads and Community Infrastructure (LRCI Rd 4)	Grant	$56,280
Hogg	ROADS	First Avenue, Gundagai Stormwater Drainage Upgrade - LRCI Rd 4b	Grant	$50,000
Hogg	SEWER	Gundagai Riverside caravan park sewer pump station upgrade	Reserve	$23,000
Hogg	WATER	Extension of Gundagai Water Supply to the Dog on the Tuckerbox site	Grant	$338,559
Hogg	WATER	Gundagai Water Treatment Plant Refurbishment - Sand Filters, Low & High Lift Pumps & Intake System	Reserve	$402,940
Hogg	WATER	Water Telemetry/SCADA Upgrades Gundagai	Reserve	$165,794
Arthur	LAND	Claron Estate Residential Land Development	Reserve	$65,785
Arthur	ROADS	Poole St Kerb & Gutter (LRCI Round 4b)	Grant	$17,882
Arthur	SEWER	Cootamundra Sewerage treatment plant refurbishment	Reserve	$141,725
Arthur	SEWER	Coota Sewer Mains Modelling	Reserve	$42,800
Arthur	SEWER	Vent Pipe Replacement	Reserve	$85,000
Arthur	WATER	Res 2 Chlorination, Matilda Avenue Cootamundra	Reserve	$87,727
Arthur	WATER	Coota Water Mains Modelling Investigation	Reserve	$42,800

Total				$4,605,537

Ordinary Council Meeting Agenda

27 August 2024

8.4 Sustainable Development

8.4.1 DA2023/109 - Proposed Staged 15,000 SSU Feedlot and Associated Infrastructure - 1570 Old Cootamundra Road Cootamundra

DOCUMENT NUMBER

419673

REPORTING OFFICER

Michael Mason, Interim Manager Sustainable Development

AUTHORISING OFFICER

Paul Woods, Interim Deputy General Manager - CCD

RELEVANCE TO COMMUNITY STRATEGIC PLAN

2. A region for the future

2.3 A region that can accommodate and support strategic growth

3. Protected and enhanced environment

3.1 A natural environment is valued and protected

4. Collaborative and progressive leadership

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

4. Collaborative and progressive leadership

4.3 Actively engaged and supportive community

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. Additional information dated 5th July 2024 (Rev 1) ⇩

2. Delegated Assessment Report (Officers Report) - DA2023/109 – as presented to the May 2024 Ordinary Council Meeting ⇩

3. Notice of Determination - DA2023/109 – as presented to the May 2024 Ordinary Council Meeting ⇩

4. DA Plans for Approval - DA2023/109 – as presented to the May 2024 Ordinary Council Meeting ⇩

Recommendation

Council determines DA2023/109 by way of approval subject to the Notice of Determination conditions of consent (Attachment 3).

Introduction

Council is in receipt of a development application for the establishment and operation of a sheep feedlot (15,000 standard sheep units), at 1570 Old Cootamundra Road, Cootamundra. The application was lodged with Council in August 2023, and following notification, consultation with the relevant government departments, and an assessment of the proposal, the application was submitted to the May 2024 Ordinary Council Meeting for determination (Item 8.4.2), with a recommendation for approval.

At the Council Meeting, the following resolution (123/2024) was passed:

1. Council defer determination of this application to enable the applicant to ascertain potential impacts of historical flooding of ‘Powder Horn Creek’ on adjoining lands (including the site and adjoining/adjacent parcels).

2. The applicant be provided with information and a copy of visual information to assist any flooding impact assessment.

3. The applicant provide a report on the impact of water supply on adjoining properties including an annual demand analysis.

In accordance with the above resolution, Council supplied copies of the videos to the Applicant, and requested that the Applicant supply the following additional information:

1. Hydraulic Impact Assessment

A Hydraulic Impact Assessment undertaken by a suitably qualified person is required which assesses the potential impact of historical flooding of the development site and from Powder Horn Creek. This report should consider the impact of surface and overflow flooding, impacts on the adjoining properties, and the likely impact of flooding generally on the site. This assessment should also take into consideration the proposed development.

2. Water Supply

A report is required which assessed the impact of water supply on adjoining properties, including an annual demand analysis. This report may be an attachment to the Hydraulic Impact Assessment.

A response to this request for additional information was submitted to Council (see Attachment 1), and is discussed as follows.

Discussion

The additional information supplied by the Applicant acknowledges the concerns expressed by the neighbours, and as per the Council resolution, has reviewed the supplied footage, and has addressed the issues as requested, with the additional assessment work being carried out by a suitably qualified professional.

Hydraulic Impact Assessment

As detailed above, following the Council resolution, Staff prepared a request for further information (RFI). The Applicant in their recent submission, has correctly identified that the RFI, actually extended the scope of the Council resolution, and required the Applicant to address the issue of flooding in a specific way, being a hydraulic impact assessment. In hindsight, it is acknowledged that there are different methodologies for assessing the issue of flooding, including the catchment based and topographical analysis, which has been carried out by the Applicant. This is considered an appropriate approach, and satisfies the Council resolution with regards to flooding, and therefore the hydraulic impact assessment requested by Staff, is not necessary in this instance.

In summary, the additional information states:

Neighbour’s video of 4 August 2022

§ 100 mm of rain was recorded at the weather station near the proposed development site during the event,

§ it is believed that most of the flow was from significantly higher rainfall in the catchment to the west of the feedlot site, past the proposed Maximum Harvestable Rights (MHR) dam,

§ topographically this event is unlikely to have impacted the proposed development site due to it having a raised elevation,

§ as such the proposed development would be outside the flood impact zone, and would have had minimal impact on this event,

§ the flooding shown in the video footage, is downstream of a dam located on the southern edge of the neighbouring property, adjacent to the boundary of the subject land,

§ this dam was constructed pre 1985, appears to be poorly designed, has no clearly defined bywash, likely overtops via the inflow channel to the south west, returning the western flow channel and is in breach of current legislative requirements.

Two (2) Neighbour’s videos of 30^th November 2023

§ average rainfall events only result in a small to moderate flows down both the Powder Horn Creek and western unnamed creek flow line,

§ these videos were taken after an extended wet period of 2 years,

§ the flow confirms that the two (2) creeks are both fairly latent creeks.

Pre-development assessment

§ the dam on the neighbouring property is supplied by two (2) large catchments, totalling approximately 1,573 ha, and includes:

- Powder Horn Creek catchment of 794.97 ha, being 50.5% of the total catchment,

- Unnamed Creek catchment of 778.42 ha, being 49.5% of the total catchment.

Post development

§ the proposed development truncates some catchments,

§ as such, the above catchments have been divided into sub-catchments, detailed as follows, with the development impacts identified and discussed.

Ordinary Council Meeting Agenda

27 August 2024

Water supply

The additional information supplied by the Applicant, states that:

§ an assessment of potential water usage by the feedlot and water modelling, has already been caried out for the proposal, and has previously been submitted to Council,

§ due to the prohibitive cost of supply from the Goldenfields Water the proposed development will not be drawing on this source, unless required to do so in the event of an animal welfare emergency,

§ normal operations will include risk management of extreme weather, and development of a drought management plan, this would include strategies such as reducing or destocking during prolonged dry periods,

§ the primary water supply for the proposed development will be via the Maximum Harvestable Rights (MHR) dam, which does not require a water access licence, water supply works approval or water use approval,

§ ‘Truro’ is located within the Central Inland-Draining Catchment and as such is entitled to “up to 10% of the average annual regional rainfall runoff on the landholding”,

§ the WaterNSW MHR calculator has been utilised and a maximum MHR take of 44.7 ML is possible for this property,

§ the proposed MHR dam is 41 ML,

§ as MHR is a legislated right, the impact of this take on adjoining properties does not need to be considered,

§ the tailwater system has been designed to manage the waste utilisation area (WUA), by capturing the first flush (25 mm) from any rain event, and this allows the property to capture the primary contaminants that would be generated by the site runoff,

§ all remaining runoff bywashes to the natural waterway,

§ all proposed infrastructure has been designed according to relevant guidelines and standards.

Staff can confirm that both the EIS and the additional information previously submitted, has adequately addressed the issue of water needs, water supply, and the proposed MHR dam. The Farm Water Balance Model was used, which takes into account many factors such as groundwater take, surface water take (river and overland flow), climate data (rainfall and evaporation), stream gauge data, static offtake for feedlots and homestead water supply, irrigation (using average annual or seasonal crop factors), multiple storages (sumps, dams, ringtanks, duty storages), evaporation and seepage, and transfers between storages.

The information supplied, contains details on the amount of water required to supply the development and the source of that water. It identifies that a minimum of four (4) litres per head per day, and up to 6.5 litres during sustained hot and/or humid weather, will be available on demand. Based on 4 litres per head, a minimum of 21.9 ML of water per year for stock is required, and based on 6.5 litres per head, a minimum of 35.6 ML of water per year for stock is required (noting this assumes 365 days of sustained hot and/or humid weather which is statistically incredibly unlikely). The application also addresses the irrigation of crops using the wastewater from the tailings dam.

As a result of the abovementioned modelling, the application proposes a 41 ML dam, which is less than the maximum size permitted for a MHR dam, which has been calculated as being 44.7 ML. Furthermore, the application was referred to WaterNSW, who advised that:

“WaterNSW has reviewed the application and documentation provided. WaterNSW identified that the Proposed freshwater dam expansion does not exceed the Maximum Harvestable Rights for the property. Therefore the works fits within the definition of the Water Management Act 2000 Harvestable Rights“.

In terms of the impact of surface water supply on the downstream property, the catchment analysis above indicates that 63.7 % of the total catchment that feeds the dam on the neighbouring property, will continue to do so. The remaining 36.3% of the catchment will be retained due to the MHR dam and tailings dam. On this basis, it is considered that the impact on surface water supply to the downstream property, as a result of the development is acceptable. It is also important to note, that irrespective of whether the development proceeds or not, a MHR dam of up to 44.7 ML could be built on the property, and no consideration of the impact on water supply to downstream properties is required as part of its installation. Assumedly the impacts of a MHR dam in this regard, have been factored into the relevant legislation that allows them to be built without an approval from WaterNSW, and must therefore be considered acceptable.

Applicant’s conclusion

The additional information supplied by the Applicant has advised in summary, that:

§ the catchment area contributing to the flow downstream (neighbouring property) will decrease,

§ the water flow will be diverted to the proposed infrastructures where water will be held up before it bywashes to the natural waterways,

§ pre-development impervious vs post development impervious area is a marginal increase, as:

- the implementation of the MHR dam and holding pond detains the concentrated flows that were previously sheet flow,

- the peak flow at the lawful point of discharge is the same/less than the pre-development case,

§ conveyance of external flow is almost matching with the pre-development case, with minimal redirection of flows occurs at the southern boundary. However, those flows are conveyed through the eastern boundary (through the development site) and detained prior to exiting at the lawful point of discharge,

§ no increase to flooding or loss of flood storage is occurring owing to the development, as there has been no redirection, concentration or ponding of flows in comparison to the predevelopment case vs the post-development case,

§ the site development reduces the net catchment area and reduces inflows to the overall catchment,

§ the controlled drainage area of the feedlot and the controlled drainage area of the waste utilisation area removes water from the catchment in the re-use process,

§ the development of dams and drains reduces flows to the catchment associated with the neighbour, and beneficially constrains them,

§ the flooding shown is particular to flows in and around the neighbour’s dam and are not unique or directly impacted by the development other than by way of an actual flow reduction,

§ the primary water supply for the proposed development will be from the MHR dam,

§ this water take is a legislated right, which does not require a water access licence, water supply works approval or water use approval. As such, the impact of this take on adjoining properties is deemed to have been approved by WaterNSW and does not need to be considered by Council,

§ the proposed development will make no use of Goldenfields Water (unless required to do so in the event of an animal welfare emergency).

Council Staff conclusion

Overall, it is considered that the Applicant has satisfactorily addressed the additional issues of flooding and water supply, which Council sought clarification on, following the May 2024 Ordinary Council Meeting. The information demonstrates that the development is likely to have a positive impact on downstream flooding by retaining water in the MHR dam. Furthermore, it is noted that irrespective of the feedlot proceeding or not, the size of the proposed MHR dam is permitted, with no additional consideration of downstream flows required.

Accordingly, there is no reason warranting refusal of the application, and considering the additional information provided by the applicant the recommendation to the May 2024 Ordinary Council Meeting, is supported subject to the proposed draft conditions for this development.

Financial

No financial implications.

OLG 23a Guideline consideration

Does not conflict with guidelines.

Ordinary Council Meeting Agenda

27 August 2024

8.4.2 Primary Building Line Variation 204 Thompson Street Cootamundra

DOCUMENT NUMBER

419695

REPORTING OFFICER

Luke Izzard, 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. DA report for DA2024/52 204 Thompson Street Cootamundra ⇩

Recommendation

That Council approve the following Development Application subject to the consent conditions 1-24 below:

· Application No: DA 2024/52

· Property: Lot: 12 DP: 35306, 204 Thompson Street, Cootamundra

· Proposed Alterations and Additions to existing dwelling including new front and side verandah and rear bedroom addition with deck.

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.

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—

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.

Fulfilment of BASIX commitments

It is a condition of a development consent for the following that each commitment listed in a relevant BASIX certificate is fulfilled —

1. BASIX development,

2. BASIX optional development, if the development application was accompanied by a BASIX certificate.

Condition reason: Prescribed condition under section 75 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.

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.

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
A1744291		BASIX certificate	PEM group	19/04/2024
DA01	A	Cover sheet	Morson group	23/04/2024
DA02	C	Site analysis	Morson group	23/07/2024
DA03	A	Existing & demo plan	Morson group	23/04/2024
DA04	A	Proposed plan	Morson group	23/04/2024
DA05	B	Elevations - 1	Morson group	26/06/2024
DA06	B	Elevations – 2	Morson group	26/06/2024
DA07	A	Proposed roof plan	Morson group	23/04/2024
DA09	A	Door and window schedule	Morson group	23/04/2024
DA10	A	Finish’s schedule	Morson group	23/04/2024
V2		Statement of environmental effects	Morson group	25/06/2024

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.

Essential Energy Conditions

The service main on the property may be affected by the development. Therefore, a level 2 electrician is required to ascertain compliance with the NSW Service and Installation Rules and AS3000. The applicant is required to provide the results from the electrician in writing before works are to commence on the front verandah section of the development.

It is also essential that all works comply with SafeWork clearance requirements. It is the responsibility of the person/s completing the work to understand their safety responsibilities. the applicant will be required to submit a "request for safety advice" if works cannot maintain the safe working clearances set out in the Working near overhead Powerlines Code of Practice.

Essential energy also makes the following comments.

· If the proposed development changes, there may be potential safety risks and it recommends that Essential Energy is consulted for further comment.

· Any existing encumbrances in favor of essential energy (or its predecessors) noted on the title of the property shall be complied with.

· Any activities in proximity to electrical infrastructure must be undertaken in accordance with the lates industry guideline currently known as ISSC 20 Guideline for the management of Activities within Electricity easements and Close to infrastructure.

· before the carrying out of any works, a "dial before you dig" enquiry should be undertaken in accordance with the requirements of Part 5E (Protection of underground electricity power lines) of the Electricity Supplies Act 1995 (NSW), the location of overhead and underground powerlines are also shown in the Look Up and Live App www.essentialenergy.com.au/lookupandlive

Condition reason: To comply with Essential Energy requirements from CNR-70419 received on 17/6/2024

Asbestos removal

All removal, transport and disposal of asbestos or other contaminated waste materials shall be controlled in accordance with the Work health and Safety Act 2011, SafeWork Australia Code of Practice - How to manage and control asbestos in the workplace & Protection of The Environment Act 1997.

Work involving asbestos removal work (of an area of more than 10 square metres) or friable asbestos removal work must be undertaken by a person who carries on a business of such removal work in accordance with a Licence under clause 485 of the Work Health & Safety Regulation 2017.

Condition reason: To minimise the risk of asbestosis and to dispose of this harmful product in a safe and secure manner at an accredited disposal point.

Demolition Work

Before demolition work commences

8	Asbestos removal signage
	Before demolition work commences involving the removal of asbestos, a standard commercially manufactured sign containing the words ‘DANGER: Asbestos removal in progress’ (measuring not less than 400mm x 300mm) must be erected in a prominent position at the entry point/s of the site and maintained for the entire duration of the removal of the asbestos.
	*Condition reason: To alert the public to any danger arising from the removal of asbestos*

During demolition work

Handling of asbestos during demolition

While demolition work is being carried out, any work involving the removal of asbestos must comply with the following requirements:

1. Only an asbestos removal contractor who holds the required class of Asbestos Licence issued by SafeWork NSW must carry out the removal, handling and disposal of any asbestos material.

2. Asbestos waste in any form must be disposed of at a waste facility licensed by the NSW Environment Protection Authority to accept asbestos waste; and

3. Any asbestos waste load over 100kg (including asbestos contaminated soil) or 10m² or more of asbestos sheeting must be registered with the EPA on-line reporting tool WasteLocate.

Condition reason: To ensure that the removal of asbestos is undertaken safely and professionally

On completion of demolition work

No additional conditions have been applied to this stage of development.

Building Work

Before issue of a construction certificate

10	Long Service Levy
	Before the issue of a Construction Certificate, the long service levy of $0, as calculated at the date of this consent, must be paid to the Long Service Corporation under the Building and Construction industry Long Service Payments Act 1986, section 34, and evidence of the payment is to be provided to the certifier or Council (where a certifier is not required).
	*Condition reason: To ensure the long service levy is paid.*
11	Section 68 Application required
	An application shall be lodged and approved by Cootamundra - Gundagai Regional Council under section 68 of the local government Act 1992 for any new water, sewer, stormwater or sewer drainage works before the issue of a Construction certificate. All plumbing work must be undertaken by a licensed plumber or drainer. they must submit their notice of works (N.O.W) and pay for any associated inspections 48hrs before the first inspection. they also must submit a correct sewer service diagram (SSD) for all works. The certificate of compliance (C.O.C) and S.S.D must be submitted before an occupation certificate can be released by the Principal certifying Authority (P.C.A) The proponent shall comply with all requirements tabled under any approval issued, NSW Fair Trading and the Plumbing Code of Australia.
	*Condition reason: Statutory Compliance*

Before building work commences

12	Erosion and sediment controls in place
	Before any site work commences, the principal certifier, must be satisfied the 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 established 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.*
13	Tree protection measures
	Before any site work commences, the principal certifier, or Council where a principal certifier is not required, must be satisfied the measures for tree protection detailed in the approved plans are in place. The existing ornamental tree within the front yard must be protected and remain after the completion of works.
	*Condition reason: To protect and retain trees.*
14	Site setout report
	Site setout report prepared by a registered surveyor is to be supplied to the principal certifier confirming the development is located as per the development consent’s approved plans prior to the commencement of works. Survey pegs/marks are to be protected and preserved throughout construction.
	*Condition reason: To ensure development is located as per the development consent*

During building work

15	Hours of work
	Site work must only be carried out between the following times – For weekdays Mon-Fri from 7:30AM to 5:00PM For Saturdays 7:30AM to 5:00PM Sundays and public holidays no work. 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.*
16	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.*
17	Tree protection during work
	While site work is being carried out, all required tree protection measures must be maintained in good condition in accordance with: 1. the trees shown on the site plan approved under this consent. This includes maintaining adequate soil grades and ensuring all machinery, builders refuse, spoil and materials remain outside tree protection zones.
	*Condition reason: To protect trees during the carrying out of site work.*
18	Waste management
	While site work is being carried out: 1. all waste management must be undertaken in accordance with the waste management plan; and 2. upon disposal of waste, records of the disposal must be compiled and provided to the principal certifier or Council, detailing the following: a. The contact details of the person(s) who removed the waste. b. The waste carrier vehicle registration. c. The date and time of waste collection. d. A description of the waste (type of waste and estimated quantity) and whether the waste is to be reused, recycled or go to landfill. e. The address of the disposal location(s) where the waste was taken; f. The corresponding tip docket/receipt from the site(s) to which the waste is transferred, noting date and time of delivery, description (type and quantity) of waste. If waste has been removed from the site under an EPA Resource Recovery Order or Exemption, records in relation to that Order or Exemption must be maintained and provided to the principal certifier and Council.
	*Condition reason: To require records to be provided, during site work, documenting the lawful disposal of waste.*
19	Termite Protection - Existing Building
	The existing building shall be protected from termite attack due to the construction of the additions. Treatment is to be in accordance with Australian Standard 3660.1 shall be deemed to satisfy this requirement. NB: If a chemical system is selected for use as a barrier against termite attack, a durable notice shall be attached to the house providing information relating to the treatment supplied and the chemical used. This notice should be affixed permanently in either the electric meter box or at the entrance to the subfloor area. Whilst the Building Code of Australia (BCA) and AS 3660.1 prescribe measures for protection in relation to the structural elements of a building, there are many other elements which may be susceptible to termite attack. Council therefore, encourages builders and owners to take general protective measures against termite attack according to approved industry standards and practices. No protective measure is permanent. Owners should therefore, arrange regular inspections of their building by appropriate experts.
	*Condition reason: To protect the building from termite attack.*
20	Alterations: plumbing & drainage works
	All plumbing works must be undertaken by a licenced Plumber or Drainer. They must submit their Notice of Work (N.O.W) and pay for any associated inspections 48hrs before the first inspection. They also must submit a Certificate of Compliance (C.O.C) after the work has been completed and also submit a correct Sewer Service Diagram (S.S.D.) for all works. The C.O.C and S.S.D must be submitted before an Occupation Certificate can be released by the Principal Certifying Authority (P.C.A).
	*Condition reason: Statutory compliance.*

Before issue of an occupation certificate

21	Removal of waste upon completion
	Before the issue of an Occupation Certificate: a. all refuse, spoil and material unsuitable for use on-site must be removed from the site and disposed of in accordance with the approved waste management plan; and b. written evidence of the waste removal must be provided to the satisfaction of the principal certifier or Council (where a principal certifier is not required).
	*Condition reason: To ensure waste material is appropriately disposed or satisfactorily stored.*
22	Works-as-executed plans and any other documentary evidence
	Before the issue of an Occupation Certificate, works-as-executed plans, any compliance certificates and any other evidence confirming the following completed works must be submitted to the satisfaction of the principal certifier: a. All stormwater drainage systems and storage systems; and The following matters that Council requires to be documented b. Waste facility receipt for the Asbestos removed onsite and any associated clearance paperwork of the site. c. A copy of any certificates required by the PCA as directed.
	*Condition reason: To confirm the location of works once constructed that will become Council assets and for any clarification of works conducted by future owners.*
23	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 Certifying Authority.
	*Condition reason: So that the development is substantially completed to a safe standard to allow use or occupation of said building.*
24	BASIX requirements
	The development is to be carried out in accordance with the current BASIX certificate and schedule of commitments approved in relation to this development. Prior to an Occupation Certificate being issued, the applicant is to provide certification certificates to the PCA which specifies that all commitments listed in the BASIX Certificate have been completed.
	Condition reason: To ensure the development meets State Government energy and water efficiency targets

Occupation and ongoing use

No additional conditions have been applied to this stage of development.

Introduction

This report assesses a development application (DA 2024/52), which seeks to vary the Primary Building Line setback of Thompson Street of the dwelling onsite.

The proposed application for alterations and additions includes a new front verandah facing Thompson Street which is wholly forward of the current building line. The existing dwelling is set at 11.0 metres from the front boundary approximately, with the new verandah structure reducing this to 9.0 metres. The average of the area which 11.54 metres, therefore the application is seeking a variation of 2.54 metres.

The application is referred to full Council for determination, as the application seeks a variation of minimum primary building line setback requirements for dwellings as 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 application, including the proposed primary setback variation for the dwelling, while not meeting the prescriptive standard, satisfies the streetscape frontage objective and is supported in this context.

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.

Powder Horn Creek catchment (794 ha / 50.5% of the total catchment)
Sub-catchment	Applicant analysis	Council comment
Powder Horn Creek Area 757.22 ha total catchment 48.1 % sub-catchment 95.3 %	§ flow velocities will remain as they were pre-development, and the majority of the water will discharge as present, and § flooding in Powder Horn Creek will not impact the proposed development site due to its raised elevation and an embankment along the eastern side of the waste utilisation area tailwater drain.	There will no change to how the majority (95%) of the Powder Horn Creek catchment functions from a hydrological and hydraulic perspective, as a result of the development.
Powder Horn (clean water drain) Area 8.92 ha total catchment 0.6 % sub-catchment 1.1 %	§ the design uses a drain slope of 2% which results to a 0.8 m/s velocity, § the drain will reduce the flow velocity by holding back water from its catchment, which will otherwise go downstream directly.	It is considered that there will be a minor positive change to the existing Powder Horn Creek catchment, as a result of the proposed development, as it relates to the clean water diversion drain. A small percentage of clean water from the catchment is diverted around the complex, and is directed back to the natural flow line, at a reduced velocity.
Feedlot and waste utilisation area Area 28.83 ha total catchment 1.8 % sub-catchment 3.6 %	§ the design uses pen drain and main drain slopes of 0.5 % and 1%, respectively, and the resulting velocity for all drains is 0.8 m/s, which is less than the non-scouring velocity (1 m/s), § the sediment pond will capture and detain runoff from the drains, allowing any sediment to settle out, § the holding pond will store runoff until it can be safely used for irrigation, and is designed to have a spill frequency of 1 in 22 years, which is better than the minimum design criteria of 1 in 10 years, § the holding pond has a by-wash which is designed to carry a peak flow of 1 in 50 years, and flows directly to the drain on the east, which is designed to have a velocity of 0.8 m/s, § all water coming from the feedlot and waste utilisation area ultimately drains to the tailwater dam, which is designed to capture the first flush (254 mm) from any rain event, § the tailwater dam will reduce flow velocity by holding back the flood pulse for its catchment, hence reducing the overall flood peak downstream.	The development has been designed, sized and engineered to manage the runoff water from the feedlot complex and the waste utilisation area, to minimise adverse environmental impacts, as detailed in the EIS, additional information and as discussed in the original DA assessment report. This will be through a series of catch drains, a wastewater holding pond, sediment basin and tail-water dam. As a consequence of this infrastructure, a small percentage of the Powder Horn Creek catchment (3.6 %), and even smaller percentage of the total catchment (1.8 %) will be captured, resulting in a minor decrease in the amount of water flowing into the neighbouring property from the catchment. This is considered positive from a flooding perspective.
Unnamed Creek catchment (778 ha / 49.5% of the total catchment)
Sub-catchment	Applicant analysis	Council comment
Unnamed Creek Area 235.57 ha total catchment 15 % sub-catchment 30.3 %	No specific comment	From a hydrological and hydraulic perspective, approximately 30% of the Unnamed Creek catchment, will continue to function as it presently does, as a result of the development. When considered in conjunction with Powder Horn Creek catchment (which is largely unchanged), 63% of the total catchment will continue function as it presently does.
MHR dam Area 542.85 ha total catchment 34.5 % sub-catchment 69.7 %	§ the MHR dam will reduce flow velocities, § it will hold back the flood pulse for its catchment, thus reducing the overall flood pulse/peak downstream.	Approximately 70 % of the Unnamed Creek catchment (being 34.5% of the total catchment analysed), will be altered as a result of the development, specifically due the installation of the MHR dam. It is considered that this will have a positive impact on downstream flooding, by reducing the volume of water flowing onto the neighbouring property.

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 23 July 2024

DOCUMENT NUMBER	418636
AUTHORISING OFFICER	Gil Kelly, Mayor
REPORTING OFFICER	Gil Kelly, Mayor
ATTACHMENTS	Nil