Agenda of Ordinary Council Meeting - Tuesday, 25 February 2025

Ordinary Council Meeting Minutes

28 January 2025

MINUTES OF Cootamundra-Gundagai Regional Council
Ordinary Council Meeting
HELD AT THE Council Chambers, Gundagai
ON Tuesday, 28 January 2025 AT 6:00PM

PRESENT: Cr Abb McAlister (Mayor), Cr Rosalind Wight (Deputy Mayor), Cr Logan Collins, Cr Les Cooper, Cr David Graham, Cr Gil Kelly, Cr Penny Nicholson, Cr Ethan Ryan, Cr Danyal Syed

IN ATTENDANCE: Roger Bailey (Interim General Manager), Barry Paull (Interim Deputy General Manager - CCD), Linda Wiles (Manager Business), Michael Mason (Interim Manager Sustainable Development), Greg Ewings (Acting Manager Regional Services Gundagai), Trevor Dando (Acting Manager Engineering Gundagai), Teresa Breslin (Executive Assistant)

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.

Adjourn Meeting For Open Forum

Resolution 001/2025

Moved: Cr David Graham

Seconded: Cr Les Cooper

Council adjourn for Open Forum.

Carried

2 Open Forum

List of Speakers

1. Paul Vercoe and Peter Hilton (RSL Gundagai) – 8.7.1 Gundagai RSL Commemoration Project / Coral/Norden Memorial

Resume Open Meeting

Resolution 002/2025

Moved: Cr Ethan Ryan

Seconded: Cr Rosalind Wight

Council resume the Open Meeting.

Carried

3 Apologies and Leave of Absence

3.1 Apologies

Apology

Resolution 003/2025

Moved: Cr David Graham

Seconded: Cr Gil Kelly

That the apology received from Cr Nicholson be accepted 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 10 December 2024

Resolution 004/2025

Moved: Cr David Graham

Seconded: Cr Les Cooper

The Minutes of the Ordinary Meeting of Council held on Tuesday 10 December 2024 be confirmed as a true and correct record of the meeting.

Carried

6 Mayoral Minutes

6.1 Mayoral Minute - Councillor Engagement

Resolution 005/2025

Moved: Cr David Graham

Seconded: Cr Rosalind Wight

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

Carried

Procedural Motion

Resolution 006/2025

Moved: Cr Les Cooper

Seconded: Cr Danyal Syed

That council bring forward items 8.7.1 and 8.3.4 on the agenda for consideration.

Carried

8.7.1 Gundagai RSL Commemoration Project

Resolution 007/2025

Moved: Cr Ethan Ryan

Seconded: Cr David Graham

1. Council provide a letter of support for the Gundagai RSL Sub Branch regarding their grant application for the commemoration project recognising the Battle of Fire Support Base Coral and the actions of Private Richard Norden, VC, DCM.

2. Should funding be obtained, Council provide a suitable location for construction of the memorial and commit to the ongoing maintenance of the structure.

Carried

Min Lee NSW Audit Office presented the 2024 audited financial statements.

8.3.4 Presentation of Audited Financial Statements

Resolution 008/2025

Moved: Cr Gil Kelly

Seconded: Cr Ethan Ryan

The General-Purpose Financial Statements, Special-Purpose Financial Statements and Special Schedules for the year ended 30^th June 2024, be adopted following consideration of any submissions received.

Carried

7 Reports from Committees

Nil

8 General Manager’s Report

8.1 General Manager Office

8.1.1 Country Mayors Association Meeting Minutes 15 November 2024

Resolution 009/2025

Moved: Cr Danyal Syed

Seconded: Cr David Graham

1. The Minutes of the Country Mayors Association Meetings held on 15 November 2024, attached to the report, be received and noted.

2. Council send congratulatory letters to Cr Rick Firman and Jamie Chaffey.

Carried

8.2 Business

8.2.1 Delegations of the Mayor

Resolution 010/2025

Moved: Cr Rosalind Wight

Seconded: Cr Danyal Syed

Pursuant to Sections 351,377 of the Local Government Act, 1993 Council delegate to the Mayor the authority to:

1. Appoint a person to the position of Acting General Manager temporarily whilst the General Manager is incapacitated; or during such time as there is a vacancy in the position until a temporary appointment can be determined by the Council.

2. Approve the attendance of the General Manager at conferences, seminars and courses at Council’s cost.

3. Approve leave of absence for the General Manager in accordance with his Contract of Employment.

4. Approve expenses incurred by the General Manager on Council’s behalf.

5. Manage complaints regarding the General Manager.

Carried

8.2.2 Review of Delegations of Authority of General Manager

Resolution 011/2025

Moved: Cr David Graham

Seconded: Cr Ethan Ryan

1. Following the review of the delegations of the General Manager in accordance with section 380 of the Local Government Act 1993, the General Manager, or the person who acts in that position, continue to be granted all of the functions, powers, duties and authorities of the Council that it may lawfully delegate under the Local Government Act 1993, any other Act, regulation, instrument, rule or the like (including any functions, powers, duties and authorities delegated to the Council by any authority, body, person or the like) except those functions prescribed in section 377(1) of the Local Government Act 1993.

2. The General Manager, or the person who acts in that position, be granted the additional delegation to authorise urgent works and other expenditures outside of the adopted budget up to an amount of - Unlimited.

Carried

8.2.3 Muttama Creek Regeneration Group s.355 Committee Meeting Minutes

Resolution 012/2025

Moved: Cr Les Cooper

Seconded: Cr Rosalind Wight

The Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held 8 October 2024, attached to the report be, received and noted.

Carried

8.2.4 Cootamundra Heritage Centre Management s.355 Committee Meeting Minutes

Resolution 013/2025

Moved: Cr Les Cooper

Seconded: Cr Rosalind Wight

The Minutes of the Cootamundra Heritage Centre Management s.355 Committee Meeting held 2 December 2024, attached to the report, be received and noted.

Carried

8.2.5 Information Security Policy

Resolution 014/2025

Moved: Cr Danyal Syed

Seconded: Cr Ethan Ryan

The Draft Information Security Policy attached to the report be adopted.

Carried

8.2.6 Request for donation - Muttama Hall s.355 Committee

Resolution 015/2025

Moved: Cr Gil Kelly

Seconded: Cr Ethan Ryan

Council approve allocation of $5000 from Community Events Budget to the Muttama Hall s.355 Committee to contribute to event cost for the 100-year Celebrations of the Muttama Hall.

Carried

8.3 Finance

8.3.1 Finance Update - December 2024

Resolution 016/2025

Moved: Cr Les Cooper

Seconded: Cr Ethan Ryan

The Finance Update report, be received and noted.

Carried

8.3.2 Restricted Cash Reconciliation - December 2024

Resolution 017/2025

Moved: Cr Rosalind Wight

Seconded: Cr Ethan Ryan

The Restricted Cash Reconciliation report, be received and noted.

Carried

8.3.3 Investment Report - December 2024

Resolution 018/2025

Moved: Cr David Graham

Seconded: Cr Rosalind Wight

The report detailing Council Cash and Investments as at 31^st December 2024, be received and noted.

Carried

8.4 Sustainable Development

8.4.1 DA2024/122 - 91-97 Wallendoon Street, Cootamundra - Installation of columns to support existing awning

Resolution 019/2025

Moved: Cr Danyal Syed

Seconded: Cr Les Cooper

That Council approve the following development application, subject to the conditions of consent detailed in the draft Notice of Determination:

§ Application No.: DA 2024/122

§ Property: Lots 1 and 2 SP 82001

91-97 Wallendoon Street

COOTAMUNDRA NSW 2590

(Including the footpath area adjacent to this property)

§ Development: Commercial premises (alterations and additions) – the installation of columns to support the existing footpath awning.

VOTING RECORD
FOR RESOLUTION	AGAINST RESOLUTION
Cr Abb McAlister (Mayor) Cr Rosalind Wight Cr Logan Collins Cr Les Cooper Cr David Graham Cr Gil Kelly Cr Ethan Ryan Cr Danyal Syed	Nil
ABSENT	DECLARED INTEREST
Cr Penny Nicholson	Nil

Carried

8.4.2 Bushfire Mapping update and Policy

Resolution 020/2025

Moved: Cr Les Cooper

Seconded: Cr Gil Kelly

1. That Council resolve to:

(a) Publicly exhibit the proposed Bushfire Prone Land Map attached to this report for a period of not less than 28 days.

(b) Ensure that the public exhibition process is advertised and promoted through appropriate channels, including local newspapers, Council’s website, and community noticeboards, to inform our community of the proposed changes and how they can make submissions.

(c) Receive a further report following the conclusion of the public exhibition period, to consider submissions received and formal endorsement of the proposed Bushfire Prone Land Map.

2. That Council resolve to:

(a) Publicly exhibit the Draft Bushfire Mapping Policy provided attached to this report for a period of not less than 28 days.

(c) Receive a further report following the conclusion of the public exhibition period, to consider any submissions received and to seek formal endorsement of the policy.

Carried

8.5 Engineering Cootamundra

8.5.1 Cootamundra Engineering Report - January 2025

Resolution 021/2025

Moved: Cr Rosalind Wight

Seconded: Cr David Graham

The Cootamundra Engineering Report for the month of January 2025 be noted.

Carried

8.6 Engineering Gundagai

8.6.1 Gundagai Engineering Report - January 2025

Resolution 022/2025

Moved: Cr David Graham

Seconded: Cr Danyal Syed

The Gundagai Engineering Report for the month of January 2025 be noted.

Carried

8.6.2 2024 National Local Roads, Transport and Infrastructure Congress

Resolution 023/2025

Moved: Cr Rosalind Wight

Seconded: Cr Ethan Ryan

The 2024 National Local Roads, Transport and Infrastructure Congress Report be received and noted.

Carried

8.7 Regional Services Gundagai

8.7.2 Gundagai Regional Services Works Report

Resolution 024/2025

Moved: Cr Gil Kelly

Seconded: Cr Les Cooper

The Gundagai Regional Services Department, Monthly works report be received and noted.

Carried

8.8 Regional Services Cootamundra

8.8.1 Regional Services - Cootamundra Divisional Monthly Report to Council

Resolution 025/2025

Moved: Cr David Graham

Seconded: Cr Les Cooper

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

10.1 Question with Notice

verbal response by Manager Sustainable Development noted.

11 Confidential Items

11.1 Closed Council Report

Resolution 026/2025

Moved: Cr David Graham

Seconded: Cr Rosalind Wight

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

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

Carried

Resumption of Open Council Meeting

Resolution 027/2025

Moved: Cr Les Cooper

Seconded: Cr Danyal Syed

The Open Council meeting resume.

Carried

Announcement of Closed Council Resolutions

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

11.2 RFT 2024/05 Gundagai Water Treatment Plant Filter Reahbilitation and Media Replacement Tender

Resolution 028/2025

Moved: Cr Ethan Ryan

Seconded: Cr Rosalind Wight

1. That Water Treatment Australia Pty Ltd be awarded the tender as described within this report and attachment for a total of $657,933.64 (ex GST).

2. Delegate authority to the Interim General Manager to execute all necessary documentation associated with this contract and expend funds as per the contract.

Carried

11.3 RFT 2025/04 Gundagai Water Treatement Plant Raw Water Intake and Chemical Dosing Upgrade Design

Resolution 029/2025

Moved: Cr Rosalind Wight

Seconded: Cr David Graham

That Council:

1. Award the tender as described within this report and attachment to City Water Technology Pty Ltd for $320,644.00 (ex GST).

2. Delegate authority to the Interim General Manager to execute all necessary documentation associated with this contract and expend funds as per the contract.

3. Note the construction of the raw water intake and chemical dosing upgrade of the Gundagai Water Treatment Plant will be undertaken in the 25/26 financial year, either through allocation from the water reserve or through external grants.

Carried

The Meeting closed at 6:50pm.

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 25 February 2025.


CHAIRPERSON	GENERAL MANAGER

Ordinary Council Meeting Agenda

25 February 2025

7 Reports from Committees

7.1 Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 13 February 2025

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 Thursday 13 February 2025

Recommendations

1. The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 13 February 2025, 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 Old Cootamundra Road from Sutton’s Lane to the shire’s border remain without weight restriction and continue to be excluded from the blanket B Double approval throughout Cootamundra pending further investigations.

2.2. That Transport for NSW conduct a signage review along Berthong Road on approach to the Temora Street intersection, Cootamundra.

2.3. That location defining Loading Zone signage be installed in Cooper Lane, south of Wallendoon Street, to determine a designated delivery space, and that No Stopping signs be installed 10m from the kerb of Wallendoon Street intersection as per Road Rules 2014 – Reg 170.

2.4. That parking remain unrestricted between the NO STOPPING signs on the western side of Hovell Street between Temora Road and Sutton Street.

2.5. That current Reverse Angle Parking signage be replaced with Parallel Parking signage on the western side of Murray Street between Adams Street and Bourke Street to ensure safe passage for motorists at all times of the day.

2.6. That the two-hour parking restriction is NOT extended along Parker Street.

2.7. That the two-hour parking restriction in front of the Cootamundra Council Administration Office be extended along Wallendoon Street to include the Cootamundra Library and Town Hall.

2.8. That the GIVE WAY signs at the intersection of Temora Street and Parker Street be replaced with larger signs and the existing line marking is renewed.

2.9. That approval be given for the Cootamundra Returned and Services League to hold the 2025 ANZAC Day March subject to the following conditions:

(a) The event organiser complies with any conditions set by Council and the NSW Police,

(b) That all Traffic Control Plans are applied in accordance with the ‘Traffic Control at Worksites Manual’,

(c) All Traffic Controllers must have the appropriate traffic control tickets,

(d) Council will arrange for the placement and removal of all road barriers.

2.10. That approval be given for the Gundagai Returned and Services League to hold the 2025 ANZAC Day March subject to the following conditions:

(a) The event organiser complies with any conditions set by Council and the NSW Police,

(b) That all Traffic Control Plans are applied in accordance with the ‘Traffic Control at Worksites Manual’,

(c) All Traffic Controllers must have the appropriate traffic control tickets,

(d) Council will arrange for the placement and removal of all road barriers.

2.11. That approval be given to hold the Wallendbeen 2025 ANZAC Day Parade subject to the following conditions:

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

b) That all Traffic Control Plans are applied in accordance with the ‘Traffic Control at Worksites Manual’

c) All Traffic controllers must have appropriate traffic control tickets

d) Council will arrange for the placement and removal of all road barriers.

Discussion

The Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held 13 February 2025 are submitted for the information of Council and the community.

Cootamundra-Gundagai Local Traffic Committee Meeting Minutes

13 February 2025

MINUTES OF Cootamundra-Gundagai Regional Council
Cootamundra-Gundagai Local Traffic Committee Meeting
HELD AT THE Alby Schultz Meeting Centre, Cootamundra
ON Thursday, 13 February 2025 AT 10:00am

PRESENT: Gwen Norman(Local Electorate Representative), Luke Parsons (Acting Sergeant Riverina Highway Patrol Cootamundra), Justin Knewstub (Sergeant-Crime Coordinator Riverina Police District), Wade Sheales (Community and Safety Support Officer)

IN ATTENDANCE: Kylie Grybaitis (Road Safety Officer), David Brodie (Operations Engineer)

1 Acknowledgement of Country

2 Apologies and Leave of Absence

2.1 Apologies

Bimal Shah (Interim Manager Engineering Cootamundra)

Trevor Dando (Acting Manager of Engineering Gundagai)

Thomas Hogg (Design Coordinator)

Matt Stubbs (Deputy General Manager Operations)

Logan Collins (Councillor)

Greg Minehan (Lead Community & Safety Partner TfNSW)

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 Thursday 7 November 2024

Recommendation

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

Moved: Gwen Norman

5 Reports

3.1 15T Weight Restriction on Old Cootamundra Road, Cootamundra

Recommendation

That Old Cootamundra Road from Sutton’s Lane to the shire’s border remain without weight restriction and continue to be excluded from the blanket B Double approval throughout Cootamundra pending further investigations.

Discussion:

The LTC discussed the necessity of a weight restriction imposed on Old Cootamundra Road and the current exclusion from the B Double blanket approval across the Cootamundra Shire. It was noted that complaints were received due to increased traffic movement resulting from the Wallendbeen Bridge closure on Burley Griffin Way. As no issues were reported prior to this incident, the LTC does not recommend a 15t weight restriction on Old Cootamundra Road at this stage. Councill will continue to monitor the situation.

3.2 Berthong Road Intersection Signage Review, Cootamundra

Recommendation

That Transport for NSW conduct a signage review along Berthong Road on approach to the Temora Street intersection, Cootamundra.

Discussion:

TfNSW have investigated the intersection of concern and will provide Council with a suitable signage plan. The LTC discussed reinstating worn rumble strips and the possibility of utilising Vehicle Activated Giveway Signs. It was agreed that current signage was confusing and required a review.

3.3 Cooper Lane Loading Zone Obstruction, Cootamundra

Recommendation

That location defining Loading Zone signage be installed in Cooper Lane, south of Wallendoon Street, to determine a designated delivery space, and that No Stopping signs be installed 10m from the kerb of Wallendoon Street intersection as per Road Rules 2014 – Reg 170.

Discussion:

The LTC agreed that a designated Loading Zone is required in Cooper Lane for the essential delivery of operational goods for connected businesses. As per the NSW Parking Rules, Loading Zones are primarily intended to support businesses without access to off-street loading or parking facilities in areas with limited kerbside parking. The LTC recommended two loading zone signs that identify the boundaries of the loading zone. No Parking signs were considered but deemed unsuitable.

3.4 Hovell Street Visibility Concerns, Cootamundra

Recommendation

That parking remain unrestricted between the NO STOPPING signs on the western side of Hovell Street between Temora Road and Sutton Street.

Discussion:

The LTC does not support the introduction of time restricted parking at this location as sight distance will continue to be an issue even when cars are legally parked. The LTC discussed ways of removing the sight obstructions by other means available to Council.

3.5 Murray Street Parking Arrangements, Cootamundra

Recommendation

That current Reverse Angle Parking signage be replaced with Parallel Parking signage on the western side of Murray Street between Adams Street and Bourke Street to ensure safe passage for motorists at all times of the day.

Discussion:

The LTC agreed that the current signage on the western side of Murray Street between Adams Street and Bourke Street needs to be replaced with parrellel parking signage. The Murray Street carpark owned by Council and located behind the IGA was identified as a suitable alternative parking option for patrons of surrounding businesses.

3.6 Parker Street Time Restricted Parking Extension, Cootamundra

Recommendation

That the two-hour parking restriction is NOT extended along Parker Street.

Discussion:

The LTC discussed the suitablilty of extending time restricted parking along the north side of Parker Street and determined that the majority of businesses operating within this locality required long term parking for customer vehicles. They expressed concern that time restrictrions would be detrimental to the associated businesses. Council will conduct further investigations and monitor the situation.

3.7 Time Restricted Parking on Wallendoon Street, Cootamundra

Recommendation

That the two-hour parking restriction in front of the Cootamundra Council Administration Office be extended along Wallendoon Street to include the Cootamundra Library and Town Hall.

Discussion:

The LTC agreed with the need to extend the time restricted parking zone along Wallendoon Street between Cooper and Thompson Street but did express concern that this would undoubtedly push vehicles into other popular parking locations. It was noted that Council will need to address staff parking availability and propose a solution for long-term parking that will not interfer with neighbouring buisnesses or schools.

3.8 Temora Street & Parker Street Give Way Signs, Cootamundra

Recommendation

That the GIVE WAY signs at the intersection of Temora Street and Parker Street be replaced with larger signs and the existing line marking is renewed.

Discussion:

TfNSW investigated the intersection and determined that the required warrents for STOP signs were not meet. In light of this advice, the LTC recommended that the current Give Way signs be replaced with the larger size Give Way signs and that line marking is renewed.

3.9 2025 Cootamundra Anzac Day Parade

Recommendation

That approval be given for the Cootamundra Returned and Services League to hold the 2025 ANZAC Day March subject to the following conditions:

(a) The event organiser complies with any conditions set by Council and the NSW Police,

(b) That all Traffic Control Plans are applied in accordance with the ‘Traffic Control at Worksites Manual’,

(c) All Traffic Controllers must have the appropriate traffic control tickets,

(d) Council will arrange for the placement and removal of all road barriers.

Discussion:

NSW Police will provide final approval. Additional conditions will be noted with regards to participating motorcyclists wearing helmets and adhering to NSW Road Rules.

3.10 2025 Gundagai Anzac Day Parade

Recommendation

That approval be given for the Gundagai Returned and Services League to hold the 2025 ANZAC Day March subject to the following conditions:

(a) The event organiser complies with any conditions set by Council and the NSW Police,

(b) That all Traffic Control Plans are applied in accordance with the ‘Traffic Control at Worksites Manual’,

(c) All Traffic Controllers must have the appropriate traffic control tickets,

(d) Council will arrange for the placement and removal of all road barriers.

Discussion:

NSW Police will provide final approval.

3.11 2025 Wallendbeen Anzac Day Parade

Recommendation (subject to the submission of a Certificate of Currency)

That approval be given to hold the Wallendbeen 2025 ANZAC Day Parade subject to the following conditions:

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

b) That all Traffic Control Plans are applied in accordance with the ‘Traffic Control at Worksites Manual’

c) All Traffic controllers must have appropriate traffic control tickets

d) Council will arrange for the placement and removal of all road barriers.

Discussion:

Once received, Council will distribute the EMP and COC for Committee consideration. NSW Police will provide final approval.

3.12 Upcoming Events

Recommendation

For the Committee’s information

Discussion:

The LTC had a discussion regarding a possible convoy of 600 Land Rovers travelling along the Hume Highway from Yass to Gundagai in September 2025. As a moving convoy, no EMP, TGS or COC would be required. All participating vehicles must adhere to the NSW Road Rules.

3.13 General Business

Recommendation

For the Committee’s discussion

Discussion:

1. Morris Street Shared Footpath Consultation Results.

The LTC discussed community responses to the Morris Street survey and considered all suitable options available to Council regarding the popular path. The committee identified a number of safety and infrastructure issues relating to pedestrian safety, ongoing rate payer costs and infrastructure damage. These concerns will be raised in a report presented to Council.

2. Parking Enforcement Community Opinion Survey.

The LTC support community consultation to gage public opinion concerning parking enforcement.

3. Ryan’s Lane Intersection Safety

TfNSW have visited the location and will conduct further investigation.

4. Nangus Intersection Safety

TFNSW will review current signage.

5. Road User Safety on Gundagai Road

LTC discussed parking concerns of Gundagai Road and do not recommend any action at this time. No other complaints have been received and illegal parking is minimal. Council will continue to monitor the situation and educate as required.

6. Muttama Speed Reduction Request

Residents of Muttama have requested that the speed limit on Muttama Road be reduced from 80k/h to 60k/h within the township. TfNSW will investigate.

7. Disabled Parking Reinstatement at the Cootamundra Police Statement

Line marking to be scheduled.

8. Shovel Horse Ride

Committee members notified Council of their possible inclusion of a cuurrently unapproved Horse Ride event. Further investigations noted that although Councils WHS Officer had been made aware of the event, no documentation or contact has been received by event organisers at this stage.

The Meeting closed at 12:10pm.

The minutes of this meeting were confirmed at the Cootamundra-Gundagai Ordinary Council Meeting held on 25 February 2025.

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

CHAIRPERSON GENERAL MANAGER

Ordinary Council Meeting Agenda

25 February 2025

8.2 Business

8.2.1 Audit, Risk and Improvement Committee Strategic Plan and Internal Audit Charter

DOCUMENT NUMBER

430402

REPORTING OFFICER

Linda Wiles, Manager Business

AUTHORISING OFFICER

Barry Paull, 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

1. ARIC Strategic Plan 2024-2028 ⇩

2. Revised Internal Audit Charter ⇩

Recommendation

That Council adopts the amended Internal Audit Charter and ARIC Strategic Plan.

Introduction

Council has established an Audit, Risk and Improvement Committee (‘ARIC’) and Internal Audit function as required by the Local Government Act 1993 (‘the Act’) s 428A and the Local Government (General) Regulation 2021 (‘the Regulation’) s 216O.

The functions of the ARIC and Internal Audit must comply with the Guidelines for Risk Management and Internal Audit for Local Government in NSW (‘the Guidelines’) issued by the Office of Local Government in November 2023 under the Act s 23A.

Discussion

Internal Audit Charter

At the 3 December 2024 ARIC meeting, a report was presented outlining proposed changes to the Internal Audit Charter previously adopted by Council to adapt to meet Internal Auditing standards issued under the International Professional Practice Framework. The main changes are:

Limiting Internal Audit’s role in reviewing External Audit to reviewing plans and implementation of recommendations.

Amendments to review of financial management to avoid duplication with External Audit responsibilities.

Removal of operational statements (e.g. facilitate integration of risk management).

The amended Charter is now presented to Council for adoption with this report.

ARIC Strategic Plan

The ARIC is required to prepare a strategic work plan every four years to ensure that all the matters listed in section 428A of the Act are reviewed by the committee and considered by the internal audit function when developing their risk-based program of internal audits.

The Guidelines permit the Internal Audit Coordinator to assist with the development of this plan. A skeleton structure of the plan was presented to the August meeting for advice from the ARIC and based on the direction and feedback from the ARIC and management, a detailed version was presented for endorsement by the ARIC at the December 3 Meeting.

The Guidelines require that the Council endorse the Strategic Plan. Council will receive updates on the implementation of the plan through the following mechanisms:

Reporting of the minutes of each meeting to Council.

An annual report on the Committee will be presented to Council.

The attendance of a Councillor at ARIC Meetings.

Note that the ARIC has no delegation from Council and any decisions must be recommended to Council for endorsement.

The Independent Chair of the ARIC may provide additional communication to the Council on any matter they deem appropriate.

Summary

The ARIC Strategic Plan and amended Internal Audit Charter is presented to Council for adoption.

Financial

There are no unbudgeted financial implications associated with the recommendations of this report. Council has previously entered into a shared service arrangement with 5 other Councils to meet the requirements of the Guidelines in a significantly cost-effective, and higher performing structure.

OLG 23a Guideline consideration

The objective of this report does not conflict with the Guidelines.

Ordinary Council Meeting Agenda

25 February 2025

8.3.2 Restricted Cash Reconciliation - January 2025

DOCUMENT NUMBER

431474

REPORTING OFFICER

Zac Mahon, Manager Finance

AUTHORISING OFFICER

Barry Paull, 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 January 2025 as shown in the below table.

Internally Restricted Reserves	Bal 30 June 2024	Transfers To	Transfers From	Bal 31 Jan 2025
Aerodrome Bitumen Resurfacing	$165,588			$165,588
Bradman's Birthplace	$94,337			$94,337
Cootamundra Caravan Park	$213,037		$5,681	$207,356
Heritage Centre	$27,490	$1,091	$0	$28,581
Development - Land & Buildings	$1,767,204			$1,767,204
Employee Leave Entitlements	$1,798,460			$1,798,460
Quarries & Pit Restoration	$476,387		$111,662	$364,725
Bangus Landfill	$329,938	$181,311		$511,249
Plant Replacement	$3,720,480	$2,502,029	$3,336,126	$2,886,383
Cemetery	$133,710	$162,241	$212,178	$83,773
Southern Phone	$586,464		$12,000	$574,464
Waste Management	$500,000			$500,000
Total Internal	$9,813,095	$2,846,672	$3,677,647	$8,982,120

Externally Restricted Reserves
Domestic Waste	$1,334,928	$1,214,845	$1,024,672	$1,525,101
Water Supply	$7,826,732	$2,288,749	$2,718,292	$7,397,189
Sewerage Service	$5,172,930	$1,464,409	$1,421,119	$5,216,220
Stormwater Infrastructure Renewal	$389,985	$63,500		$453,485
Developer Contributions	$1,310,465	$52,350		$1,362,815
General Fund Unspent Grants & Contributions	$5,633,377		$1,746,286	$3,887,091
Total External	$21,668,417	$5,083,853	$6,910,369	$19,841,901
TOTALS	$31,481,512	$7,930,525	$10,588,016	$28,824,021

Restricted Cash Reconciliation

Restricted Cash	$28,824,021
Cash at 31 Jan 2025	$30,437,036
Unrestricted Balance	$1,613,016
Grant Debtors Outstanding	$281,670
Balance	$1,894,686

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

25 February 2025

8.3.3 Finance Update - January 2025

DOCUMENT NUMBER

431523

REPORTING OFFICER

Zac Mahon, Manager Finance

AUTHORISING OFFICER

Barry Paull, 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 January Finance Update has been reviewed and no issues have been detected.

Operations

Income

The operational income is at 63% when comparing actual to budget, with the annual rates already being recognised as income but becoming due and payable quarterly throughout the year.

Department	Income Actual	Income Budget	Variance	Result	Comment
Building Department	$411,489	$647,616	64%	J	Fees from new development in Cootamundra received
Business Department	$59,048	$311,600	19%	J
Engineering Cootamundra	$1,479,370	$6,642,489	22%	J
Engineering Gundagai	$107,515	$2,654,988	4%	J
Executive Department	$43,863	$223,600	20%	J
Finance Department	$6,300,254	$10,517,795	60%	J
Rates Cootamundra	$6,801,789	$7,028,139	97%	J
Rates Gundagai	$4,407,916	$4,532,162	97%	J
Services Cootamundra	$3,262,705	$3,633,750	90%	J
Services Gundagai	$1,186,919	$1,610,000	74%	J
Sewer Cootamundra	$1,818,691	$2,910,807	62%	J
Sewer Gundagai	$428,079	$768,442	56%	J
Water Cootamundra	$1,835,631	$3,267,356	56%	J
Water Gundagai	$916,285	$1,629,444	56%	J
Total	$29,059,553	$46,378,188	63%	J

Expenditure

Operational Expenditure is at 50% when comparing actual to budget.

Department	Expense Actual	Expense Budget	% Spent	Result	Comment
Building Department	$949,589	$1,763,671	54%	J
Business Department	$2,143,067	$3,499,004	61%	J
Engineering Cootamundra	$5,658,544	$9,576,544	59%	J
Engineering Gundagai	$3,661,198	$5,210,819	70%	J
Executive Department	$1,179,942	$2,348,537	50%	J
Finance Department	$8,612,439	$20,447,706	42%	J
Services Cootamundra	$3,098,886	$5,744,946	54%	J
Services Gundagai	$1,377,839	$2,608,305	53%	J
Sewer Cootamundra	$370,153	$1,581,693	23%	J
Sewer Gundagai	$363,636	$784,319	46%	J
Water Cootamundra	$1,148,466	$2,812,625	41%	J
Water Gundagai	$437,266	$1,210,655	36%	J
Total	$29,001,025	$57,588,824	50%	J

Capital

Income

Capital income is at 20% of budget when comparing actual to budget.

Asset Category	Total YTD.	Budget	%Received	Result	Comments
Plant & Equipment - Cootamundra	$169,404	$473,550	36%	J
Plant & Equipment - Gundagai	$216,382	$498,950	43%	J
Property Disposal – Cootamundra	$0	$1,000,000	0%	J
Property Disposal – Gundagai	$0	$0	0%	J
TOTAL	$385,786	$1,972,500	20%	J

Expenditure

Capital expenditure is at 41% of budget when comparing actual to budget.

Asset Category	Total YTD	Budget	% Spent	Result	Comments
Cootamundra Land	$151,945	$301,785	50%	J	Oliver Selwyn purchase to be reimbursed by insurance
Cootamundra Plant	$1,847,342	$2,142,264	86%	J
Cootamundra Roads	$644,425	$3,697,854	17%	J	Works schedule to be completed by EOFY
Cootamundra Building	$471,956	$1,059,556	45%	J
Cootamundra Recreation	$394,650	$594,117	66%	J
Cootamundra Waste	$194,485	$242,000	80%
Cootamundra Bridges	$0	$0	0%	J
Cootamundra Water	$802,213	$1,036,527	77%	J
Cootamundra Sewer	$644,963	$3,070,300	21%	J
Gundagai Building	$300,419	$931,858	32%	J
Gundagai Recreation	$493,041	$1,071,273	46%	J
Gundagai Waste	$0	$720,000	0%	J
Gundagai Bridges	$1,364,810	$1,480,757	92%	J
Gundagai Plant	$973,925	$1,300,000	75%	J
Gundagai Roads	$1,279,584	$2,815,746	45%	J
Gundagai Water	$291,407	$3,241,336	9%	J
Gundagai Sewer	$165,915	$633,000	26%	J
IT	$0	$50,000	0%	J
Total	$10,021,080	$24,388,373	41%	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

25 February 2025

8.4 Sustainable Development

8.4.1 Annual Fire Safety Statement Policy and Program

DOCUMENT NUMBER

430279

REPORTING OFFICER

Lauren Dawes, Senior Building Surveyor

AUTHORISING OFFICER

Barry Paull, Interim Deputy General Manager - CCD

RELEVANCE TO COMMUNITY STRATEGIC PLAN

1. A vibrant, safe, and inclusive community

1.1 Our health and wellbeing needs are met

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. Draft Annual Fire Safety Statement Policy and Program ⇩

Recommendation

That:

1. Council endorse the Draft Annual Fire Safety Statement Policy & Program for the purpose of public exhibition for a period of 28 days, in accordance with Council's Community Participation Plan

2. If no material submissions are received during the exhibition period, the Draft Annual Fire Safety Statement Policy & Program be adopted without further resolution.

3. A report be provided to Council should any material submissions be received, for consideration prior to final adoption of the policy.

Introduction

Fire safety is a critical aspect of protecting lives, property, and the overall well-being of our community. Many building owners remain unaware of their legislative responsibilities regarding the maintenance and annual certification of fire safety measures within their buildings.

This report recommends the public exhibition and adoption of a Annual Fire Safety Statement Policy & Program aimed at fostering education and awareness, particularly among building owners, while promoting improved fire safety standards across the local government area. This proactive approach seeks to ensure compliance, enhance community safety, and mitigate potential risks associated with inadequate fire safety measures.

Discussion

Legislative Responsibility of Commercial Building Owners

Under the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, owners of existing commercial buildings classified as 1b or classes 2 to 9 under the Building Code of Australia are required to obtain an Annual Fire Safety Statement (AFSS) for their buildings. A copy of the AFSS must be submitted to both the Council and NSW Fire and Rescue.

Despite this requirement, compliance among building owners has been notably low. The Draft Annual Fire Safety Statement Policy and Program aims to address this issue by enhancing education and promoting compliance with the regulation. The ultimate goal is to achieve a measurable improvement in building fire safety across the local government area, ensuring safer outcomes for the community.

Enforcement Powers of Council

It is important to note that Council is not legally obligated to monitor or verify whether building owners comply with their requirements to obtain an Annual Fire Safety Statement (AFSS). However, Council has a responsibility to the community to promote and ensure public safety.

To uphold this responsibility, Council has enforcement powers, including the authority to issue Fire Safety Orders and Penalty Infringement Notices (PIN). The penalties for non-compliance are substantial; the penalties for failing to submit an AFSS for both individuals and corporations are set by the Regulations and are currently:

(a) the first week after time for giving statement ends	$1,000
(b) the second week after time for giving statement ends	$2,000
(c) the third week after time for giving statement ends	$3,000
(d) the fourth or subsequent week after time for giving statement ends	$4,000

Higher penalties can also be imposed by the Court should prosecution be sought; current penalties are $16,500.00 for an individual and $33,000 for a corporation.

Rather than relying on enforcement measures such as penalty infringement notices, the Draft Annual Fire Safety Statement Policy and Program aims to prioritise education as the primary means of improving compliance and achieving better fire safety outcomes. By focusing on raising awareness and understanding among building owners, the program seeks to foster voluntary adherence to fire safety obligations while reducing the need for punitive actions.

Proposed Policy and Program as Tool for Education and Improvement

The proposed program as outlined seeks to apply the following in place of enforcement measures:

1. Maintain a Fire Safety Register: Develop and manage a comprehensive database to improve tracking, workflow efficiency, and customer service.

2. Identify Class 1b–9 Buildings: Locate all eligible buildings using rate data and site visits and ensure inclusion within the register.

3. Education and Promotion: Inform property owners of their responsibilities under the Environmental Planning and Assessment (Development, Certification, and Fire Safety) Regulation 2021 through letters aimed at education and voluntary compliance. Additionally, conduct outreach targeting council staff, businesses, developers, property owners, and the broader community to enhance engagement with fire safety requirements.

4. Availability of Fire Safety Schedules: Where building owners are unsure of critical fire safety measures that apply to their buildings, an application may be made for a Fire Safety Schedule. Schedules will be issued by a suitability qualified building surveyor following review building files and inspections to determine required critical fire safety measures and verify building use/s.

5. Risk Based Audits and Inspections: Compliance audits will be conducted by staff based on an assessment of building risk. High-risk tenancies, such as seniors housing and multi-residential developments, pose a greater risk to life due to potential inadequacies in fire safety measures. These will be prioritised for audits and inspections over lower-risk commercial uses, such as storage premises, as part of the risk-based audit program.

6. Enforcement: Where non-compliant buildings are identified as part of audits:

a. Engage with property owners to encourage participation before taking regulatory action.

b. Issue warnings and penalty infringement notices (PINs) for non-compliance.

c. Issue Orders where voluntary compliance unsuccessful.

7. Registration Fee: Charge an annual fee per submitted Annual Fire Safety Statement (AFSS) to support the program's administration. Additional fees apply for overdue notices.

Financial

The administration of the Annual Fire Safety Program will place resource demands on Council’s Building Team, particularly in relation to establishing and maintaining the Fire Safety Register, auditing buildings, and conducting public education.

Provisions have been included in Council’s Fees and Charges to support the program and recover costs associated with staff time. These fees are designed to ensure that the financial burden falls on the owners of buildings required to comply, rather than on the broader ratepayer base.

The adopted fees and charges for the 2024/2025 financial year are as follows:

A screenshot of a computer

AI-generated content may be incorrect.

Fees for the late registration of an Annual Fire Safety Statement are higher than those for statements submitted on time. This approach is designed to incentivise voluntary compliance and encourage timely submissions.

Council currently relies on contract building certifiers for issuing Fire Safety Schedules. To address this, the existing fees will be reviewed and amended for the 2025/26 financial year to ensure cost recovery and prevent financial loss to Council. Proposed fee adjustments will be included in the draft Fees and Charges for Council's consideration and adoption.

OLG 23a Guideline consideration

Does not conflict with Guideslines.

Ordinary Council Meeting Agenda

25 February 2025

8.4.2 Establishment Easement for Utilities on Council Owned Land

DOCUMENT NUMBER

428809

REPORTING OFFICER

Lauren Dawes, Senior Building Surveyor

AUTHORISING OFFICER

Barry Paull, Interim Deputy General Manager - CCD

RELEVANCE TO COMMUNITY STRATEGIC PLAN

3. Protected and enhanced environment

3.4 Greater efficiency in the use of resources

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. Proposed easement location ⇩

Recommendation

That council resolve to grant owners consent and for the registration of an easement for utilities over lots:

· Lot 21 Sec: 37 DP: 758785

· Lot: 2 Sec: 37 DP: 758785

· Lot: 3 Sec: 37 DP: 758785; and

· Lot: 1 DP: 155943

To the benefit of:

· Lot: 2 DP: 506531

· Lot: 2 DP: 201705

· Lot: 3 DP: 201705

· Lot: 2 DP: 802021; and

· Lot: 5 DP: 201705

Introduction

Existing developed areas of the Gundagai township do not have access to stormwater infrastructure such as kerb and gutter or inter-allotment drainage. The lack of infrastructure results in adverse impacts including the discharge of stormwater onto adjoining land and can lead to damage to buildings, structures and infrastructure such as roads as well as instances of stormwater discharge into the towns reticulated sewer system placing demand on the systems capacity. Issues created by stormwater discharge result in conflict between landholders and limit development potential.

It has been identified that the following properties do not have access to both legal and practical point for the discharge of stormwater generated by roof and hardstand areas:

· 114 Punch Street, Gundagai - Lot: 2 DP: 506531

· 1 Carberry Place, Gundagai - Lot: 2 DP: 201705 and Lot: 3 DP: 201705

· 2 Carberry Place, Gundagai - Lot: 2 DP: 802021

· 3 Carberry Place, Gundagai - Lot: 5 DP: 201705

These properties represent a small portion of the existing township that do not have access to stormwater infrastructure. However, their proximity to Council-owned land, combined with a favourable gravity fall, presents an opportunity to address these issues. Specifically, a legal and practical point of stormwater discharge can be established through the creation of an easement and inter-allotment drainage across Council land.

The establishment of this stormwater easement would not only benefit the identified properties but also improve broader stormwater management outcomes in the area. Additionally, the proposed easement would accommodate all utilities within the same corridor, noting that water and sewer services already exist in the area where the stormwater easement is proposed.

Discussion

Proposal

The subject properties currently contain existing buildings, with roof water discharging directly onto the ground and flowing downhill onto Council-owned land behind the Gundagai Council Office and Library. Stormwater runoff is contributing to visible damage to Council assets, including the carpark surface and retaining walls at the rear of the library and carpark.

Establishment of an inter-allotment easement for utilities which burdens the following Council owned properties will provide for future infrastructure works as part of Council’s capital works program:

· Lot 21 Sec: 37 DP: 758785

· Lot: 2 Sec: 37 DP: 758785

· Lot: 3 Sec: 37 DP: 758785; and

· Lot: 1 DP: 155943

A map of a neighborhood

AI-generated content may be incorrect.

Figure 1 - Location plan identifying lots

The services easement can be established concurrently with easement for access detailed under DA 2022/24 approved on 19 May 2022 for the purposes of a boundary adjustment. The boundary adjustment and associated easement for access has not yet been registered. Details of the location of the proposed easement along with pending boundary adjustments are provided in the attached plan.

Background and Identification of the Issue

The opportunity to establish this proposed easement was identified by planning and engineering staff during the assessment of DA 2024/146, which proposes the construction of a detached garage at 114 Punch Street, Gundagai. Without the proposed easement, council would need to mandate the installation of a pumpwell with a submersible pump to discharge roofwater into the street gutter on Punch Street. This solution would be costly for the property owner due to the approximately 7-meter fall and 75-meter distance from the proposed garage to the street gutter. Furthermore, such a system would only address the stormwater discharge from the garage, leaving current drainage issues unresolved for the dwelling and other nearby properties that do not have legal access to Punch Street. Pump systems, unlike gravity systems, are also more susceptible to issues such as power failures, technical malfunctions and pose ongoing maintenance, repair and replacement costs.

Additionally, the drainage problem has been noted and is being monitored by Council’s Regional Services team due to damage identified in the retaining walls behind the car park and the Mirrabooka building. The height of the latter poses a risk, with replacement costs likely to be significant for Council and the public purse. Installation of inter-allotment drainage would extend the operational life of the retaining walls and carpark surface.

It is important to clarify that the establishment of the easement is not being proposed to benefit any individual property owner, but rather a timely opportunity to address a longstanding issue and provide cumulative benefits for the wider community and public assets.

Relationship to Capital Works Program & Budget

The proposed easement and stormwater infrastructure is not currently included in the capital works program or budget. However, the registration of the easement will allow for provisions to be made that facilitate stormwater generated by the proposed garage at 114 Punch Street to be discharged to the kerb in the laneway which services the SES Gundagai Unit. Additionally, the registration of the easement will create the opportunity for future more substantial stormwater infrastructure works as part of a capital works program, benefiting the other identified properties and mitigating impacts on council assets.

Benefits of Proposal

The proposed easement provides a practical and sustainable solution to existing stormwater issues while ensuring the protection of existing utilities within the area. In the short term, it facilitates the effective disposal of stormwater from the proposed development at 114 Punch Street, while in the long term, it creates an opportunity for more substantial stormwater infrastructure to be implemented as part of a capital works program.

The inclusion of stormwater infrastructure will help mitigate impacts on Council assets, including retaining walls and the car park surface, by more effectively diverting runoff. This proactive approach will extend the lifespan of these structures and ultimately result in long-term cost savings.

By addressing the drainage issue with a gravity-fed system, the proposal eliminates the need for costly and less reliable pump systems, reducing the risk of further damage to Council assets. Additionally, it delivers broader community benefits by alleviating drainage concerns for affected properties and improving stormwater management across the surrounding area.

The proposal will also help address issues identified in the Gundagai Flood Study 2018. The study highlights that 114 Punch Street, Gundagai, is prone to inundation from overland flow. The installation of stormwater infrastructure at the rear of the property would enable the capture and redirection of surface water into Council’s stormwater system, mitigating overland flows to some extent. While the proposed infrastructure would not manage all overland flows during a 1% AEP flood event, as modelled in the flood study, it would provide measurable benefits.

Financial

At this stage, it is proposed that the easement for utilities be established, enabling the future installation of physical infrastructure, subject to detailed design and cost assessment as part of a capital works program and budget.

The immediate costs associated with creating the easement would include surveying and registration expenses, estimated at approximately $10,000.

OLG 23a Guideline consideration

Does not conflict with Guidelines.

Ordinary Council Meeting Agenda

25 February 2025

8.4.3 Management of Council Imposed Subdivision Covernant

DOCUMENT NUMBER

429020

REPORTING OFFICER

Lauren Dawes, Senior Building Surveyor

AUTHORISING OFFICER

Barry Paull, 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

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. Deposited Plan & Instrument for DP851885 ⇩

2. Deposited Plan and Instrument for DP1110255 ⇩

3. Deposited Plan & Instrument for DP1173450 ⇩

Recommendation

That Council resolve to continue to assess and determine development applications which propose the use of building materials that are contrary to the restrictive instrument applicable to the land on an individual basis, giving consideration to the public interest and any relevant changes to the legislation.

Introduction

The former Gundagai Shire Council undertook a staged subdivision development between the years of 1995 to 2012.

The development included three stages-

· Stage 1 – Residential Lots 1 to 24 in DP 851885 located along Lawson Drive and the Western side of Gilmore Place, registered 24 August 1995. The subdivision also included Lot 25, being a public reserve and Lot 26, being reserve lot subject of subsequent stages.

· Stage 2 – Registered Lots 26 to 34 in DP 1110255 located on Lawson Drive and Gilmore Place, registered 12 June 2007; and

· Stage 3 – Registered Lots 35 to 57 in DP 1173450 located along Lawson Drive and Banjo Patterson Place, registered 26 November 2012.

All three stages of the subdivision are subject to restrictions as to user applied by Council at the time of subdivision under Section 88B of the Conveyancing Act 1919. While exact wording of the restriction and number of restrictions vary between the three 88B instruments, all prevent the erection of any building on the land with metal wall cladding such as colorbond cladding. The instrument wording does not distinguish between wall cladding permitted on dwellings and outbuildings such as detached garages and garden sheds.

The restriction has become a matter of contention for a number of residents within the area noting that it inhibits the erection of kit garages and sheds with colorbond wall cladding. The use of other permitted wall claddings resulting in significantly increased building costs.

This report presents potential options for Council to address the issue and seeks a resolution that provides guidance on managing the restriction to reduce its impact on affected landowners.

Discussion

Identification and Explanation of the Issue

Development Applications

In assessing development applications, consent authorities, are ordinarily not bound to enforce covenants and restrictions as to user applied under Section 88B of the Conveyancing Act 1919. The provisions of Clause 1.9A Suspension of covenants, agreements and instruments, contained within all standard instrument Local Environmental Plans details that such restrictions do not apply when assessing such applications, except in specific circumstances.

The clause allows consent authorities to disregard covenants imposed by developers. Such covenants are typically implemented to maintain or enhance property values and the desirability of a subdivision by restricting factors such as dwelling density, building materials, and building sizes. However, these restrictions do not always align with planning controls applicable to the land. The clause empowers consent authorities to set aside these covenants in favor of development that complies with LEP and DCP provisions.

However, when a restriction or covenant has been imposed by Council or that Council required to be imposed, the provisions of subclause (2)(a) mean the clause ceases to apply and cannot be used to suspend or set aside the provisions of the 88B Instrument. In the case of the subject properties, Council acted as the developer and imposed the restrictions. Consequently, when assessing a DA the clause cannot be utilized.

1.9A Suspension of covenants, agreements and instruments (Standard Instrument LEP)

(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2) This clause does not apply—

a) to a covenant imposed by the Council or that the Council requires to be imposed, or

b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or

c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or

f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or

g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.

(3) This clause does not affect the rights or interests of any public authority under any registered instrument.

(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).”

Notwithstanding Clause 1.9A cannot be used to suspend the covenant, legal advice obtained advises that while the clause does not permit the suspension or setting aside of the covenant, it also does not expressly require compliance with the instrument. Furthermore, no provision within the Environmental Planning and Assessment Act 1979 (the Act) mandate compliance with the instrument or the Conveyancing Act 1919 as part of the development application assessment process.

However, in accordance with Section 4.15 Evaluation of the Act, consideration must still be given to whether approving a development that is inconsistent with the instrument is in the public interest.

Exempt and Complying Development

Similarly to the above, the provisions Clause 1.20 Suspension of covenants, agreements and instruments of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 applies to exempt and complying development to facilitate development.

As above, there are circumstances where the clause does not apply and cannot be used to set aside the requirements of an instrument. The circumstances where the clauses do or does not apply are much more nuanced with regard to exempt and complying development as it depends on the specifics of the development standards applicable to the development under the SEPP as well as the specifics of the covenant. As such, staff in assessing compliance must consider the development at hand and a standardized position for considering such developments cannot be employed, especially giving consideration to the changing nature of development standards set out by the SEPP.

In instances where the provisions of clause 1.20 cannot be utilized for development that is contrary to the covenant for exempt or complying development, landowners should consider seeking consent under a development application.

1.20 Suspension of covenants, agreements and instruments

(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Policy, or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2) This clause does not apply—

(a) to a covenant imposed by a council, or that a council requires to be imposed, requiring compliance with a development standard that is—

(i) consistent with the development standards specified for the development concerned under this Policy, or

(ii) not dealt with by the development standards specified for the development concerned under this Policy, or

(b) to a covenant that is specifically required by another environmental planning instrument, or

(c) to a covenant imposed by an owner or former owner of the land concerned, other than a covenant that has been required by a council to be imposed, or

(d) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or

(e) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

(f) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

(g) to any property vegetation plan approved under the Native Vegetation Act 2003, or

(h) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or

(i) to any planning agreement within the meaning of Division 7.1 of the Act.

(3) This clause does not affect the rights or interests of any public authority under any registered instrument.

(4) Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

Current Wording of the Subject Restriction

The subject restriction varies slightly between each instrument as detailed below.

Terms identified as (3)(e) within the 88B Instrument for Deposited Plan 851885:

“ (e) That no building shall be erected on the land with external walls or walls of materials other than brick, stone, concrete, glass, timber or any combination of the same PROVIDED THAT timber shall not be used in external walls referred except as in-fill in conjunction with all or any of the other materials above referred to and proportion of timber so used shall not exceed fifteen per cent (15%) thereof FURTHER PROPOVIDED THAT nothing in this covenant shall preclude or prohibit a building having an inner framework of its external walls constructed of timber or other materials with an external brick face.”

Terms identified as (2)(d) within the 88B Instrument for Deposited Plan 110255:

“ (d) That no building shall be erected on the land with external walls or walls of materials other than brick, stone, concrete, glass, timber or any combination of the same PROVIDED THAT timber shall not be used in external walls referred except as in-fill in conjunction with all or any of the other materials above referred to and proportion of timber so used shall not exceed fifteen per cent (15%) thereof FURTHER PROPOVIDED THAT nothing in this covenant shall preclude or prohibit a building having an inner framework of its external walls constructed of timber or other materials with an external brick face.”

Terms identified as (3)(d) within the 88B Instrument for Deposited Plan 1173450:

“(d) That no building shall be erected on the land with external walls or walls of materials other than brick, stone, concrete, glass, timber or any combination of the same PROVIDED THAT timber shall not be used in external walls referred except as in-fill in conjunction with all or any of the other materials above referred to and proportion of timber so used shall not exceed fifteen per cent (15%) thereof FURTHER PROPOVIDED THAT nothing in this covenant shall preclude or prohibit a building having an inner framework of its external walls constructed of timber or other materials with an external brick face. Texture coated fibrous cement sheeting may be used as external walls, provided that all sections of such building below any finished floor level re erected using brick, stone, concrete or any combination of the same, PROVIDED THAT the framework of any building constructed of timber or other materials with external walls as texture coated fibrous cement sheeting has frame width of at least 160mm and that any window inserted into such frame is recessed a minimum of 80mm from the external face of the cement sheeting.

A later subdivision of Lot 25 DP 851885, being the public reserve, was also undertaken in 2010 creating Lots 1 and 2 in DP 1161945. Lot 1 is an additional residential lot and lot 2 the public reserve. The restriction as to user applicable to other lots in the surrounding area was not applied, noting that the original lot (Lot 25 DP 851885) was a public reserve and was not subject to the restrictions as to user, as such, the restrictions were not carried forward onto lot 1.

Background on Existing buildings that are contrary to the restriction

It is acknowledged that several metal-clad outbuildings currently exist within the subdivision on lots subject to the restriction. These structures have been erected over time through various means. Some were constructed by owners under exempt development provisions of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, while others were built without approval and outside the scope of the SEPP’s exempt development provisions. Additionally, some were approved by Council.

A review of existing structures within the subdivision identified 21 metal-clad buildings. The presence of so many clad structures calls into question the practicality and suitability of the restriction. The existence of so many existing metal clad buildings is a relevant factor to whether it is appropriate to authorize development that is contrary to the covenant when considering the public interest.

Process of Amending or Removing Restriction

While implementing such instruments at the time of subdivision registration is straightforward, amending or removing 88B Instruments after allotments have been sold becomes significantly more complex.

The process for removing or altering a 88B requires:-

1. The Council and any other party with an interest in the land including the owners of all lots and any mortgagee to enter into an agreement in the form of a Deed of Variation setting out the terms of the variation to the restriction on the of the land; and

2. Registration of a Variation of Restriction on the Use of Land dealing form with Land Registry Services.

Noting that the restrictions apply to three separate deposited plans, the process would require the preparation and submission of three Deeds, each signed by all owners and mortgagees of the affected lots. This approach places a significant resource burden on Council and carries a high risk, as the refusal of a single landowner or mortgagee could prevent the removal of the instrument for all impacted properties.

On 31 January 2025, the The Office of the Registrar General published a discussion paper, Contracts and Covenants: reform proposals to support the development of land, exploring options to:

· provide greater protections to buyers in off the plan contracts, while balancing the flexibility developers require to complete a project; and

· simplify the process for removing obsolete covenants from land titles, to help unlock potential development sites and remove unnecessary red tape.

Should proposed amendments proceed, there is potential for covenant to amended or removed in future without significant cost or time to Council.

Conclusion

Given the ongoing discussion on covenant reforms, along with the significant risk and resource demands associated with removing or amending the 88B Instrument, it is recommended that Council:

1. Assess development applications that seek to depart from the Instrument on a case-by-case basis, with such applications referred to Council for determination; and

2. Continue to monitor legislative developments and any changes to the process for modifying or removing covenants.

Financial

If Council resolves to vary the restriction, the following costs would apply:

· Legal fees for the preparation of the Deed of Variation;

· Title searches to obtain owner and mortgagee details for each lot, at a cost of $26.79 per lot; and

· Staff time required to contact, liaise with, and obtain signed documents from all landowners and mortgagees.

Given the risk that a single landowner or mortgagee refusal could prevent the removal of the instrument for all affected properties, it is not recommended that Council proceed with this action.

OLG 23a Guideline consideration

Does not conflict with Guidelines.

Ordinary Council Meeting Agenda

25 February 2025

8.4.5 DA 2024/108 - Proposed Electronic Advertising Sign - 107 Sheridan Street, Gundagai

DOCUMENT NUMBER

430697

REPORTING OFFICER

Lauren Dawes, Senior Building Surveyor

AUTHORISING OFFICER

Barry Paull, 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

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. Assessment Report ⇩

2. Draft Notice of Determination ⇩

3. Plans ⇩

Recommendation

Council resolve to approve development application 2024/108 subject to conditions of consent as outlined in the accompanying Draft Notice of Determination.

Introduction

Development Application 2024/108 seeks consent for the erection of advertising structure containing an electronic sign at 107 Sheridan Street, Gundagai, located at the corner of Sheridan and Homer Streets. Although the sign is proposed to be situated on land owned by the Catholic Church, it is intended to replace an existing static sign that currently serves St. Patrick's Public School, which is located a block away on Homer Street.

The application is referred to Council for determination due to the visual prominence of the proposed sign. Additionally, the provisions of Chapter 3 Advertising and Signage of the State Environmental Planning Policy (Industry and Employment) 2021 outline specific requirements that must be met before granting consent for advertising signage. Notably, the SEPP stipulates that a consent authority must ensure that the signage complies with detailed objectives and assessment criteria, including whether the development aligns with the desired future character of the area.

In the absence of adopted strategic documents to guide assessment, these outcomes remain largely subjective. As such, considerations regarding consistency with the existing and likely desired future character and amenity are best determined by the elected representatives of Cootamundra-Gundagai Regional Council.

Discussion

Requirements of State Environmental Planning Policy (Industry and Employment) 2021

Most notably, Section 3.6 Granting of consent to signage details:

“3.6 Granting of consent to signage

A consent authority must not grant development consent to an application to display signage unless the consent authority is satisfied—

(a) that the signage is consistent with the objectives of this Chapter as set out in section 3.1(1)(a), and

(b) that the signage the subject of the application satisfies the assessment criteria specified in Schedule 5.”

As such, consent cannot be granted to the subject development unless council is satisfied the development meets the objectives of 3.1(1)(a) and assessment criteria under Schedule 5. While other clauses apply under the SEPP and have been addressed in the attached assessment report, these provisions are critical to the capacity for consent to be granted. Assessment of these provisions are outlined below.

*Objectives of 3*
*Criteria*	*Assessment*
(1) This Chapter aims— (a) to ensure that signage (including advertising)— (i) is compatible with the desired amenity and visual character of an area, and	No existing plans or documents have been identified which detail council’s desired amenity or visual character for the subject area.
(ii) provides effective communication in suitable locations, and	It is anticipated that the communications provided by the proposed sign would be effective. While there are notable links between the church and the school, it is important to note the proposed electric sign would replace an existing timber painted static sign used by the school.
(iii) is of high-quality design and finish	Proposed signage is of acceptable high quality and finish.
*Schedule 5*
*Criteria*	*Assessment*
*1 Character of the area*
Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?	There are no existing plans or documents outlining Council’s desired amenity or future character for the subject area. As a result, Council staff are unable to provide an informed assessment of whether the proposed sign aligns with the intended character and amenity of the area.
Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?	Proposed electronic sign is consistent with signage currently serving other schools within the Gundagai township. Similar electronic signs are located at Gundagai Public School and Gundagai High School. However, the proposed electronic sign is not consistent with any existing outdoor advertising within the immediate Gundagai main street or CBD area which is proposed. Signage within the area is predominately business or building identification signs that are not internally illuminated or electronic and are located on the property/building containing the subject business or building.
*2 Special areas*
Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?	While not listed as a heritage item under the Gundagai LEP both St Patrick’s Church and Patrick’s Hall buildings located on the property are identified as having local heritage significance and are recommended to be included in the LEP as heritage items. The subject sign is proposed to be located at the front of the hall replacing the existing. The new sign has a proposed height of 4.3m, at such a height, and noting the location at the top of an embankment the proposal may detract from the heritage value of the building it is proposed to be located before. Reducing the height and locating the sign further down the embankment away from the building may lessen any perceived impact on the building.
*3 Views and vistas*
Does the proposal obscure or compromise important views?	It is not considered that the proposed sign would obscure or compromise any important views or vistas.
Does the proposal dominate the skyline and reduce the quality of vistas?	It is not considered that the proposed sign would dominate the skyline or negatively impact the quality of vistas. Positioned below the existing buildings, the sign would not obstruct or overpower views.
Does the proposal respect the viewing rights of other advertisers?	Proposed sign is replacement of an existing sign, and would not add to the number of signs within the locality. There are no other advertising signs, beyond building and business identification signs within the immediate area.
*4 Streetscape, setting or landscape*
Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?	The proposed height of the sign is considered disproportionate to the surrounding setting by the Heritage Adviser and recommends that: Reducing the height to no more than 3 meters and relocating the sign further from the building would lessen its impact on the overall setting.
Does the proposal contribute to the visual interest of the streetscape, setting or landscape?	The proposed sign is not expected to make a significant contribution to the visual interest of the area. However, given that it serves the existing nearby school, the information displayed is considered appropriate and sreves a practical purpose, as the school is a key service provider within the local area. Locating the sign on the school site may further enhance its relevance and connection to the community it serves.
Does the proposal reduce clutter by rationalising and simplifying existing advertising?	Yes, the proposal seeks to replace the existing sign, with an electronic board allowing for the updating of information. This would reduce the need for multiple signs, offering an ongoing opportunity for rationalization.
Does the proposal screen unsightliness?	The proposed sign would not screen any unsightly or unappealing view or structure.
Does the proposal protrude above buildings, structures or tree canopies in the area or locality?	The proposed sign would not protrude above buildings, it would, however, protrude above the height of some existing street trees.
Does the proposal require ongoing vegetation management?	No, there is no vegetation within immediate surround of the sign that would require on-going management. Street trees may partially obscure the sign depending on the location it is being viewed from. It would not be appropriate to trim or maintain the trees to be of a height that prevents the sign from being obscured.
*5 Site and building*
Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?	Proposed height of the sign as proposed is regarded as being unproportional to the setting. A reduction in height of the sign to being no more than 3m and located further front the building would lessen the impact on the setting.
Does the proposal respect important features of the site or building, or both?	Proposed location would not block any significant views features of the existing hall building but would detract from and the building and it’s features and the features of the overall site.
Does the proposal show innovation and imagination in its relationship to the site or building, or both?	Proposed sign does not propose any particularly innovative or imaginative response to the site but would not result I any significant adverse impact.
6. *Associated devices and logos with advertisements and advertising structures*
Have any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed?	Proposed lighting forms an integral part of the sign noting it’s electronic display.
*7 Illumination*
Would illumination result in unacceptable glare?	No, subject to automated adjustment being integrated into the sign.
Would illumination affect safety for pedestrians, vehicles or aircraft?	No, subject to automated adjustment being integrated into the sign to reduce lumins of a night.
Would illumination detract from the amenity of any residence or other form of accommodation?	No, subject to automated adjustment being integrated into the sign to reduce lumins of a night in addition to timers requiring the sign to turn off. Proposal seeks 24 hour operation however, to reduce impacts on accommodation located on opposite side of Sheridan Street it is recommended that a timer be required and the sign restricted to operate not outside of 7am to 7pm. Noted that documents received direct from P&C representative, not the applicant for the development, expressed a willingness for a timer to be installed.
Can the intensity of the illumination be adjusted, if necessary?	Submitted documents suggest this is possible. The requirement can also be reinforced by conditions of consent to ensure compliance.
Is the illumination subject to a curfew?	The application seeks 24 hour operation, however, communications from P&C representative detailed willingness for a curfew to be imposed by Council.
*8 Safety*
Would the proposal reduce the safety for any public road?	No, subject to suitable brightness adjustment in low light.
Would the proposal reduce the safety for pedestrians or bicyclists?	No, subject to suitable brightness adjustment in low light.
Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas?	No, the sign would not obscure sightlines required for drivers or pedestrians.

Areas of Uncertainty

The following matters remain for Council to determine as part of the SEPP requirements:

1. Whether the proposed sign is compatible with the desired amenity and visual character of the area.

2. The suitability of the proposed location, given its distance from the school.

3. The proposal's consistency with the existing theme for outdoor advertising in the area.

4. Whether the sign would unduly impact the amenity or visual quality of the heritage buildings on the property where it is proposed, or whether Council considers the level of impact to be acceptable.

To address these concerns, several conditions of consent are recommended to reduce the perceived impacts should Council resolve to approve the development. These include:

1. Height Reduction – Limiting the sign’s height to a maximum of 3 meters to ensure a more appropriate scale and minimise its visual impact on the building and property behind it.

2. Minimum Setback – Requiring a minimum separation of 1.5 meters between the building and the sign to allow for effective building maintenance and to position the sign lower on the embankment, further reducing its height and visual prominence.

3. Luminance Control – Mandating a light sensor and automatic luminance adjustment to prevent excessive brightness to ensure the safety and amenity of drivers and pedestrians.

4. Operational Hours – Requiring the installation of an automatic timer to limit operational hours to 7:00 AM – 9:00 PM, preventing potential adverse impacts on any existing or future residential accommodation in the area.

Financial

Nil

OLG 23a Guideline consideration

Does not conflict with Guidelines.

Ordinary Council Meeting Agenda

25 February 2025

8.4.6 DA 2024/129 - Proposed Detached Shed - 8 Banjo Patterson Place, Gundagai

DOCUMENT NUMBER

431194

REPORTING OFFICER

Lauren Dawes, Senior Building Surveyor

AUTHORISING OFFICER

Barry Paull, Interim Deputy General Manager - CCD

RELEVANCE TO COMMUNITY STRATEGIC PLAN

3. Protected and enhanced environment

3.2 We have attractive towns and villages

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. Assessment Report ⇩

2. Draft Notice of Determination ⇩

3. Plans ⇩

Recommendation

That Council resolve to approve DA 2024/129 subject to conditions of consent as outlined in the accompanying Draft Notice of Determination.

Introduction

The proposed development involves the construction of a detached shed with attached awning and ancillary retaining walls at 8 Banjo Patterson Place, Gundagai. The proposed shed is 30 meters long and 4meters wide and is proposed to be clad with colorbond custom orb cladding in the colour Pale Eucalypt.

The proposed shed does not comply with Restriction on the Use of Land identified as 3(d) in the registered 88B Instrument imposed by Council at the time of subdivision. The Restrictions on the Use of Land were imposed by Council, as the owner and developer of the land at the time of subdivision. Given Council’s implementation of the Restriction the application is referred to Council for determination.

Discussion

Summary of Departure from Instrument

The proposed development does not meet the requirements of the Restriction on the Use of Land identified as 3(d), noting that external wall cladding is proposed to be colorbond cladding and not brick, stone, concrete, glass, timber or any combination of the same nor is it proposed to be clad with texture coated fibrous cement sheeting with a 160mm frame width and 80mm recessed windows.

Terms identified as (3)(d) within the 88B Instrument for Deposited Plan 1173450:

Implications of Clause 1.9A Suspension of covenants, agreements and instruments (Standard Instrument LEP)

In assessing development applications, consent authorities, are ordinarily not bound to enforce covenants and restrictions as to user applied under Section 88B of the Conveyancing Act 1919. The provisions of Clause 1.9A Suspension of covenants, agreements and instruments, contained within all standard instrument Local Environmental Plans (provided below for reference), details that such restrictions do not apply when assessing such applications, except in specific circumstances.

“1.9A Suspension of covenants, agreements and instruments (Standard Instrument LEP)