../Letterhead/cgrc_lhead_plain_art.jpg

 

 

 

 

 

Business

Paper

 

Ordinary Council Meeting

 

Alby Schultz meeting Centre, Cootamundra

 

6:00PM, Tuesday 25th February, 2025

 

Administration Centres:  1300 459 689

 

 

 


Ordinary Council Meeting Agenda

25 February 2025

 

 

The Mayor & Councillors

Cootamundra-Gundagai Regional Council

PO Box 420

Cootamundra NSW 2590

NOTICE OF MEETING

An Ordinary Meeting of Council will be held in the Alby Schultz meeting Centre, Cootamundra on:

Tuesday, 25th February, 2025 at 6:00PM

The agenda for the meeting is enclosed.

Roger Bailey

Interim General Manager

 

Live Streaming of Meetings Statement

 

This meeting is streamed live via the internet and an audio-visual recording of the meeting will be publicly available on Council's website.

 

By attending this meeting, you consent to your image and, or, voice being live streamed and publicly available. Please refrain from making any defamatory statements.

 

Statement of Ethical Obligations

 

The Mayor and Councillors are bound by the Oath/Affirmation of Office made at the start of the Council term to undertake their civic duties in the best interests of the people of Cootamundra-Gundagai Regional Council and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act or any other Act, to the best of their skill and judgement.

 

It is also a requirement that the Mayor and Councillors disclose conflicts of interest in relation to items listed for consideration on the Agenda or which are considered at this meeting in accordance with Council’s Code of Conduct and Code of Meeting Practice.

 


Ordinary Council Meeting Agenda

25 February 2025

 

AGENDA

Order Of Business

 

1       Acknowledgement of Country. 5

2       Open Forum.. 5

3       Apologies. 5

4       Disclosures of Interest 5

5       Confirmation of Minutes. 6

5.1         Minutes of the Ordinary Meeting of Council held on Tuesday 28 January 2025. 6

6       Mayoral Minutes. 18

6.1         Mayoral Minute - Councillor Engagement 18

7       Reports from Committees. 20

7.1         Minutes of the Cootamundra-Gundagai Local Traffic Committee Meeting held on Thursday 13 February 2025. 20

8       General Manager’s Report 29

8.1         General Manager Office. 30

8.1.1      Australian Local Government Association (ALGA) National General Assembly 2025 - Registration. 30

8.2         Business. 31

8.2.1      Audit, Risk and Improvement Committee Strategic Plan and Internal Audit Charter 31

8.2.2      Tabling of Pecuniary Interest Returns - New Designated Person. 57

8.2.3      Delivery Program - Operational Plan Quarterly Progress Report 59

8.2.4      Muttama Creek Regeneration Group s.355 Committee Meeting Minutes. 91

8.2.5      Muttama Hall Management s.355 Committee Meeting Minutes. 93

8.3         Finance. 99

8.3.1      Investment Report - January 2025. 99

8.3.2      Restricted Cash Reconciliation - January 2025. 104

8.3.3      Finance Update - January 2025. 106

8.4         Sustainable Development 109

8.4.1      Annual Fire Safety Statement Policy and Program.. 109

8.4.2      Establishment Easement for Utilities on Council Owned Land. 117

8.4.3      Management of Council Imposed Subdivision Covernant 122

8.4.4      DA 2024/148 - Proposed Carport at 74 Olney Street, Cootamundra. 143

8.4.5      DA 2024/108 - Proposed Electronic Advertising Sign - 107 Sheridan Street, Gundagai 181

8.4.6      DA 2024/129 - Proposed Detached Shed - 8 Banjo Patterson Place, Gundagai 231

8.5         Engineering Cootamundra. 276

8.5.1      Cootamundra Engineering Report - February 2025. 276

8.6         Engineering Gundagai 278

8.6.1      Gundagai Engineering Report - February 2025. 278

8.7         Regional Services Gundagai 280

8.7.1      Gundagai Regional Services Works Report 280

8.8         Regional Services Cootamundra. 288

8.8.1      Regional Services - Cootamundra Monthly Report to Council 288

8.8.2      Review of Gundagai Waste Management Operations 294

9       Motion of which Notice has been Given. 303

10     Questions with Notice. 303

11     Confidential Items. 304

11.1       Closed Council Report 304

11.2       RFT2024/04 Water Network Civil, Electrical and Mechanical Upgrades at Cootamundra & Gundagai 304

11.3       Resumption of Open Council Meeting. 304

11.4       Announcement of Closed Council Resolutions. 304

 


1            Acknowledgement of Country

Council acknowledges the Wiradjuri people, the Traditional Custodians of the Land at which the meeting is held and pays its respects to Elders, both past and present, of the Wiradjuri Nation and extends that respect to other Aboriginal people who are present.

ADJOURN MEETING FOR OPEN FORUM

2            Open Forum

RESUME OPEN MEETING

3            Apologies

4            Disclosures of Interest


Ordinary Council Meeting Agenda

25 February 2025

 

5            Confirmation of Minutes

5.1         Minutes of the Ordinary Meeting of Council held on Tuesday 28 January 2025

REPORTING OFFICER

Teresa Breslin, Executive Assistant to Mayor and General Manager

AUTHORISING OFFICER

Roger Bailey, Interim General Manager  

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.      Minutes of the Ordinary Meeting of Council held on Tuesday 28 January 2025      

 

Recommendation

The Minutes of the Ordinary Meeting of Council held on Tuesday 28 January 2025 be confirmed as a true and correct record of the meeting.

 

 

 


 

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Minutes

Ordinary Council Meeting

 

Council Chambers, Gundagai

 

6:00PM, Tuesday 28th January, 2025

 

Administration Centres:  1300 459 689

 

 


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 Absenc

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 30th 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 31st 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.

(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 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

 

6            Mayoral Minutes

6.1         Mayoral Minute - Councillor Engagement

DOCUMENT NUMBER

431219

AUTHORISING OFFICER

Abb McAlister, Mayor  

REPORTING OFFICER

Abb McAlister, Mayor

ATTACHMENTS

Nil

 

To keep the community aware of Councillor and my engagements, on behalf of Council I intend to provide regular updates through my Mayoral Minutes.

Recommendation

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

 

25 January 2025

I, Cr McAlister (Mayor), attended the Australia Day Ambassador Dinner in Gundagai.

Crs Wight (Deputy Mayor), Collins, Cooper, and Ryan attended the Australia Day Ambassador Dinner in Cootamundra.

26 January 2025

I, Cr McAlister (Mayor), attended the Australia Day event in Gundagai.

Crs Wight (Deputy Mayor), Collins, Cooper, and Ryan attended the Australia Day event in Cootamundra.

28 January 2025

Crs Wight (Deputy Mayor), Cooper, Graham, Kelly, Ryan, Syed, and I, Cr McAlister (Mayor) attended a Councillor Workshop and Council Meeting in Gundagai.

31 January 2025

I, Cr McAlister (Mayor), attended the Mayoral Summit in Harden.

4 February 2025

Crs Wight (Deputy Mayor), Cooper, Nicholson and I, Cr McAlister (Mayor) attended an Extraordinary Councillor Workshop regarding the Old Mill Gundagai project.

5 February 2025

I, Cr McAlister (Mayor), attended a meeting with the member for Cootamundra Steph Cooke in Wallendbeen.

I, Cr McAlister (Mayor), attended a follow up meeting with the Member for Cootamundra Steph Cooke.

 

 

11 February 2025

Cr Graham, and I, Cr McAlister (Mayor) attended a meeting with Minister Hoenig and Member for Cootamundra Steph Cooke in Sydney.

Crs Wight (Deputy Mayor), Cooper, Nicholson, and Ryan attended a Councillor Workshop in Cootamundra.

12 February 2025

I, Cr McAlister (Mayor), attended a U3A Cootamundra Meeting.

13 February 2025

Crs Wight (Deputy Mayor), Cooper, Graham, Nicholson, Ryan and I, Cr McAlister (Mayor) attended an Extraordinary Councillor Workshop in Cootamundra.

 


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.

 


 

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Minutes

Cootamundra-Gundagai Local Traffic Committee Meeting

 

Alby Schultz Meeting Centre, Cootamundra

 

10:00am, Thursday 13th February, 2025

 

Administration Centres:  1300 459 689

 

 


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

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            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 Suttons Lane to the shires 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            General Manager’s Report


Ordinary Council Meeting Agenda

25 February 2025

 

8.1        General Manager Office

8.1.1      Australian Local Government Association (ALGA) National General Assembly 2025 - Registration

DOCUMENT NUMBER

431522

REPORTING OFFICER

Teresa Breslin, Executive Assistant to Mayor and General Manager

AUTHORISING OFFICER

Roger Bailey, Interim General Manager  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Collaborative and progressive leadership

4.1 A clear strategic direction that is delivered upon

 

FINANCIAL IMPLICATIONS

Total cost will be between $2217 - $2537 Per Person.

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 attendance of the Mayor and Interim General Manager at the Australian Local Government Association (ALGA) National General Assembly in July, 2025 be considered.

 

Introduction

The ALGA 2025 National General Assembly (NGA) (incorporating the Regional Cooperation and Development Forum) will again be held at the National Convention Centre in Canberra from 24-27 June 2025.

Discussion

The theme of this year’s event will be “National Priorities Need Local Solutions”, focusing on the key role that we all play delivering local-place based initiatives that help address our nation’s big challenges.

Financial

Costs associated to attend, for Interim General Manager and Mayor, are:

·    Early bird registration is $979pp. (by 23 May 2025)

·    Accommodation for each person for three (3) nights is between $780-$1100pp (cost will depend on availability at time of booking)

·    General Assembly Dinner is $179pp.

·    Regional Forum Registration is $479 (only) or additional $279 with NGA registration.

Total estimated cost PP is between $2217 - $2537 from relevant Mayor/councillors and Executive office conferences/training budgets.

OLG 23a Guideline consideration

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


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

 

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Ordinary Council Meeting Agenda

25 February 2025

 

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Ordinary Council Meeting Agenda

25 February 2025

 

8.2.2      Tabling of Pecuniary Interest Returns - New Designated Person

DOCUMENT NUMBER

430902

REPORTING OFFICER

Anne Chamberlain, Acting Governance Officer

AUTHORISING OFFICER

Barry Paull, Interim Deputy General Manager - CCD  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

4. Good governance: an actively engaged community and strong leadership team

4.3 Cootamundra-Gundagai Regional Council is a premier local government Council

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

In accordance with Section 440AAB Local Government Act, 1993.

POLICY IMPLICATIONS

To comply with the Code of Conduct.

ATTACHMENTS

Nil  

 

Recommendation

The tabling of a pecuniary interest returns from Councillors and new designated person be noted.

 

Introduction

The Code of Conduct specifies that councillors and designated persons must make and lodge with the general manager a return, disclosing the designated person’s or councillors’ interests within 3 months after:

(a) becoming a designated person or councillor, and

(b) 30th June of each year, and

(c) the designated person or councillor becoming aware of an interest they are required to disclose under schedule 1 that has not been previously disclosed in a return lodged under paragraphs (a) or (b).

 

Returns required to be lodged with the general manager under (a) and (b) must be tabled at the first meeting of the council after the last day the return is required to be lodged.

 

Returns required to be lodged with the general manager under clause (c) must be tabled at the next council meeting after the return is lodged.

Discussion

Pecuniary interest returns from new designated person as of 24 January 2025, is tabled.

Register of disclosed Pecuniary Interest Returns, listed below:

Designated Person

Position

Return Type

Return received

Roger Bailey

Interim General Manager

New (a)

24 January 2025

 

Financial

There are no financial implications associated with this report.

OLG 23a Guideline consideration

The objective of this report does not conflict with guidelines.

 


Ordinary Council Meeting Agenda

25 February 2025

 

8.2.3      Delivery Program - Operational Plan Quarterly Progress Report

DOCUMENT NUMBER

430907

REPORTING OFFICER

Anne Chamberlain, Acting Governance Officer

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

In accordance with section 406 of the Local Government Act, 1993.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.      Quarterly Progress Report - Quarter 2    

 

Recommendation

The Delivery Program incorporating the Operational Plan 2024/2025, quarterly progress report, (2nd Quarter October to December), attached to the report, be received and noted.

 

Discussion

To comply with Section 406 of the Local Government Act, 1993 and in accordance with the Office of Local Government’s Integrated Planning and Reporting guidelines ‘The general manager must ensure that regular progress reports are provided to the council, reporting as to its progress with respect to the principal activities detailed in its delivery’.

Accordingly, attached to this report is the quarterly progress report outlining the extent to which performance measures and targets, set out in the Delivery Program and Operational Plan, have been achieved during the first quarter of the reporting year; that is between 1 October to 31 December 2024.

The next progress report will be presented to Council at the Ordinary Meeting of Council to be held 27 May 2025 and will consist of status updates for actions within the 24/25 Operational Plan (3rd  quarter reporting period of January to March 2025).

Financial

There are no financial implications associated with this report.

OLG 23a Guideline consideration

The objective of this report does not conflict with guidelines.

 


Ordinary Council Meeting Agenda

25 February 2025

 

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Ordinary Council Meeting Agenda

25 February 2025

 

8.2.4      Muttama Creek Regeneration Group s.355 Committee Meeting Minutes

DOCUMENT NUMBER

431319

REPORTING OFFICER

Anne Chamberlain, Governance Officer

AUTHORISING OFFICER

Barry Paull, Interim Deputy General Manager - CCD  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

To comply with the Section 355 Committee Management Manual.

ATTACHMENTS

1.      MCRG Meeting Minutes - 9 December 2024  

 

Recommendation

The Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held 9 December 2024, attached to the report be, received and noted.

 

Introduction

The attached Minutes of the Muttama Creek Regeneration Group s.355 Committee meeting held on 9 December 2024, is submitted for the information of council and the community.

Financial

There are no financial implications associated with this report.

OLG 23a Guideline consideration

The objective of this report does not conflict with guidelines.

 


Ordinary Council Meeting Agenda

25 February 2025

 


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Ordinary Council Meeting Agenda

25 February 2025

 

8.2.5      Muttama Hall Management s.355 Committee Meeting Minutes

DOCUMENT NUMBER

431320

REPORTING OFFICER

Anne Chamberlain, Governance Officer

AUTHORISING OFFICER

Barry Paull, Interim Deputy General Manager - CCD  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

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

To comply with the Section 355 Committee Management Manual.

ATTACHMENTS

1.      MHMC Minutes - 29 January 2025  

 

Recommendation

The Minutes of the Muttama Hall Management s.355 Committee Ordinary Meetings held, 29 January 2025, attached to the report, be received and noted.

 

Introduction

The attached Minutes of the Muttama Hall Management s.355 Committee Ordinary Meetings held, 29 January 2025, attached to the report, are submitted for the information of Council and the community.

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

 

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8.3        Finance

8.3.1      Investment Report - January 2025

DOCUMENT NUMBER

431054

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

Council’s cash and investment portfolio decreased $621,785.60 from $31,058,822.40 as at 31st December 2024 to $30,437,036.80 as at 31st January 2025.

LEGISLATIVE IMPLICATIONS

Council investments comply fully with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2021.

POLICY IMPLICATIONS

Investments comply fully with the Council’s Investment Policy.

ATTACHMENTS

Nil

 

Recommendation

The report detailing Council Cash and Investments as at 31st January 2025, be received and noted.

 

Introduction

A report on Council’s Investments is required to be presented for Council’s consideration in accordance with Clause 212 of the Local Government (General) Regulation 2021.

Financial

Council’s cash and investment portfolio decreased $621,785.60 from $31,058,822.40 as at 31st December 2024 to $30,437,036.80 as at 31st January 2025.

OLG 23a Guideline consideration

Report purpose does not conflict with guidelines.


Ordinary Council Meeting Agenda

25 February 2025

 

Cash and Investment Portfolio

 


Ordinary Council Meeting Agenda

25 February 2025

 

Performance

Cootamundra-Gundagai Regional Council’s investment portfolio outperformed the relevant BBSW Index benchmark by 11.12%. The average weighted yield for January was 4.88%, over an average weighted term of 90 days, with a benchmark of 4.42%.

Please note that Council have tried to invest in longer term investments but the rate is far below the required benchmark and it isn’t a financially viable alternative.

 

Total Cost

30,437,037

Monthly Interest Received

129,969

Weighted Average Term

90 Days

Total Value

30,437,037

Yearly Interest Received

899,038

Weighted Average Yield

4.88%

 

Credit Quality Compliance

Council’s investment portfolio was compliant with policy in terms of S&P long term rating credit quality limits, as displayed below.

 

 


 

Counter Party Compliance

As at the end of January, Council was compliant with policy. It is worth noting that capacity limits are affected by changes in the on-call account balance compared to the total portfolio balance. 

Term to Maturity

Council’s investment portfolio maturities shown graphically below were also compliant with policy requirements. All of the investments are short term to deal with liquidity and to be prepared for the demerger split.

 

Declaration

I hereby certify that investments listed in the report have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2021 and Council’s Investment Policy.

 

Signed

                   Text, letter

Description automatically generated

                  

Zac Mahon

Responsible Accounting Officer

 

 


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:

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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

 

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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

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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

 


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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

 


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Ordinary Council Meeting Agenda

25 February 2025

 

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Ordinary Council Meeting Agenda

25 February 2025

 


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Ordinary Council Meeting Agenda

25 February 2025

 

8.4.4      DA 2024/148 - Proposed Carport at 74 Olney Street, Cootamundra

DOCUMENT NUMBER

429070

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 & DCP Variation Request    

 

Recommendation

That Council resolve to approve DA 2024/148 subject to conditions of consent as outlined in the accompanying Draft Notice of Determination.

 

Introduction

The proposed development involves the construction of a carport at 74 Olney Street, Cootamundra. The proposal includes a variation to the secondary setback requirements of the Cootamundra Development Control Plan. As the extent of the variation exceeds staff delegations, the application is referred to Council for determination.

Discussion

Summary of variation

The DCP requires a minimum setback for garages and carports of 1m behind the secondary frontage of the dwelling. The dwelling has a setback of 2.4m from Hurley Street, as such the minimum setback for the proposed carport is 3.4m under the DCP. The development seeks a variation to allow for a 0.7m setback to the proposed carport.

Summary of Staff Assessment and Recommendation

In considering the request for variation, assessing officers agree that the proposed carport would not detract from the existing streetscape. While visible from the street, its design and placement ensure it would remain visually appropriate. Established street trees and the existing property fence would largely obscure the structure from public view.

The carport features an open-sided design with a roof height and pitch matching the existing garage, allowing it to blend with the streetscape and minimise any visual impact.

Located west of the adjoining dwelling at 79 Hurley Street, the carport may generate some afternoon shading over the front yard of the neighbouring property. However, due to its open-sided design, the shading impact is expected to be minimal. Furthermore, the affected area is a front yard rather than a primary living space or private open space, making any additional overshadowing less significant.

Financial

Nil.

OLG 23a Guideline consideration

Does not conflict with Guidelines.

 


Ordinary Council Meeting Agenda

25 February 2025

 

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Ordinary Council Meeting Agenda

25 February 2025

 

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Ordinary Council Meeting Agenda

25 February 2025

 


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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

 

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Ordinary Council Meeting Agenda

25 February 2025

 

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25 February 2025

 


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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:

(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.”

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)

(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).”

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 the planning controls applicable to the land. The legislation empowers consent authorities to set aside these covenants in favor of development that complies with LEP and DCP provisions.

Noting that the subject 88B instrument was imposed by Council as the developer of the land, in accordance with subclause (2)(a), clause 1.9A does not apply to the subject development and it’s provisions cannot be used to set aside or suspend the covenant in order to facilitate development.

Legal Advice Obtained

Notwithstanding that 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 provisions 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.

Consideration of Public Interest

When assessing the public interest, it is necessary to consider the appropriateness of approving a development that does not comply with a Council-imposed 88B instrument. This instrument forms part of the contract of sale documents for land within the area and is therefore available to all landowners and any mortgagee.

No written record has been found detailing the reasons for imposing these restrictions. However, it is presumed that the intent was to establish a residential area with a high standard of aesthetic appeal, thereby maintaining property values. The restriction in question seeks to preclude certain building materials, which are generally more affordable and perceived as less visually appealing or of lower quality.

In determining whether approval of the proposed structure, contrary to the instrument, aligns with the public interest, it is important to consider any potential impact on the value or visual appeal of surrounding properties. In this case, there are several existing structures, primarily outbuildings, that do not comply with the restriction. Given this context, the proposed development is unlikely to cause any significant adverse impact on the public domain and is not regarded as contrary to the public interest.

Notably, the deviation from the instrument relates solely to building materials and aesthetics. It does not affect any easements traversing the property or the critical infrastructure contained within.

Conclusion

As the provisions of the Environmental Planning & Assessment Act 1979 do not mandate compliance with the instrument or the Conveyancing Act 1919 as part of the development application assessment process and noting assessment that approval of the development, including the departure from the 88B instrument, is not contrary to the public interest it is considered appropriate that the application be approved by council subject to conditions.

Financial

Nil.

OLG 23a Guideline consideration

Does not conflict with Guidelines.

 


Ordinary Council Meeting Agenda

25 February 2025

 

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Ordinary Council Meeting Agenda

25 February 2025

 

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Ordinary Council Meeting Agenda

25 February 2025

 

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Ordinary Council Meeting Agenda

25 February 2025

 

8.5        Engineering Cootamundra

8.5.1      Cootamundra Engineering Report - February 2025

DOCUMENT NUMBER

431586

REPORTING OFFICER

Julie Buckley, Operations Support Officer

AUTHORISING OFFICER

Matt Stubbs, Deputy General Manager - Operations  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

5. Integrated and accessible region

5.2 Easily accessible from major cities and other regional towns

 

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 Cootamundra Engineering Report for the month of February 2025 be noted.

 

Introduction

The Cootamundra Engineering Report for the month of February 2025 is submitted for the information of Council and the community.

Discussion

Fixing Local Roads

Pavement works on the Hovell Street rehabilitation are expected to commence late February 2025 and it is anticipated that the project will be completed late May 2025.

RFT is being prepared and ready for advertising through Vendorpanel in the week of 10 February 2025

State Roads

The annual resealing program has been completed.

Council’s line marking contractor is preparing to commence reseal segment line marking commencing 17 February, 2025.

Shoulder widening south of Cootamundra at Yarrowee is planned to commence on 17 February, 2025 and be completed in six weeks.

Local Roads & Community Infrastructure R4 Footpaths

Footpath replacement works on Cooper Street (Wallendoon to Mackay Streets) are progressing and are expected to be completed by the end of February, weather permitting.

 

Water and Sewer

Flushing of watermains commenced in the week of 10 February, 2025.

General Works

Gravel patching and maintenance grading has been carried out on Sheep Station Road, Racecourse Road and Shaftsbury Lane.

 

Jet patching has been carried out at various locations throughout the shire including Old Gundagai Road, West Jindalee Road and Stockinbingal Road.

 

Culvert cleaning has been carried out on Rosehill and Beggan Beggan Roads and open drain works on Florance Street.

Financial

Projects funded from various funding sources, as noted above.

Maintenance works funded from the General Fund.

OLG 23a Guideline consideration

Report purpose does not conflict with guidelines.

 


Ordinary Council Meeting Agenda

25 February 2025

 

8.6        Engineering Gundagai

8.6.1      Gundagai Engineering Report - February 2025

DOCUMENT NUMBER

431543

REPORTING OFFICER

Belle Mooney, Operations Support Officer

AUTHORISING OFFICER

Matt Stubbs, Deputy General Manager - Operations  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

5. Integrated and accessible region

5.2 Easily accessible from major cities and other regional towns

 

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 Gundagai Engineering Report for the month of February 2025 be noted.

 

Introduction

The Gundagai Engineering Report for the month of February 2025 is submitted for the information of Council and the community.

Natural Disaster

The Natural Disaster restoration works continued throughout the area with identified damages being completed on Long Tunnel Road and Reno Road throughout January. Grading teams have now moved to Coggan’s Road, they are expected to have the identified damages completed by the end of February. All natural disaster works associated with AGRN Event 1001 (Storms and floods from 5 January 2022 onwards) have been completed and satisfactorily signed off with the funding body.

Hillas Creek Bridge

Hillas Creek Bridge is progressing with offsite pre-cast works still being completed by the contractor. It is expected that the contractor will commence back onsite within the next few weeks to complete wingwalls, headstocks and the bridge deck.

Local Roads and Community Infrastructure Program (LRCI)

Sheridan Street Block 3 Stage 2 upgrade:

Sheridan Street Block 3 Stage 2 construction has been completed, with the exception of defect repairs.

Council staff are currently sourcing streetlights to ensure quality control is met. The streetlights will be the last item to complete in the project. The final seal has been completed east of Homer Street.

 

First Avenue Upgrades

Council staff have commenced upgrades to First Avenue beginning with stormwater upgrades. Once the stormwater has been completed, they will continue with the installation of new kerb and gutter, footpath replacement and repaving of the road. 

General Works

Reseal preparations have been completed on O’Briens Road, Happy Valley Road and Wee Jasper Road with the works crew now moving on to Burra Road and Edwardstown Road. This work is part of the reseal program which will see reseals completed on the below locations:

-      Burra Rd – 13,000 m2

-      Gobarralong Rd Sandy Falls 1,500m2

-      Wee Jasper Road 9,960m2

-      Three Ways Road 6,900m2

-      Muttama Road 4,000m2

-      Coolac Road 18,000m2

-      O'Briens Road 6,500m2

-      Happy Valley Road 5,555m2

-      Bus Bay at Jackalass

-      Sheridan St – east of Homer Street

 

Roadside spraying has been completed on various locations including Long Tunnel Road, Reno Road and Muttama Road.

Council’s tar patching team have been assisting with reseal preparations as well completing required repairs when identified.

Water and Sewer

Water and Sewer teams are completing ongoing maintenance and operations to the treatment plants, as well as mains repairs when required. 

The quarterly water meter readings were undertaken in February.

Asset Management Plan

Council Engineering staff are currently working on updating relevant asset management documents. These documents provide the foundations and guidance on how Council manages assets which are under the care and control of Council and will include Policy. The Asset Management Policy has been completed and will go to the next Council meeting for adoption.

Financial

Projects funded from various funding sources, as noted above.

Maintenance works funded from the General Fund.

OLG 23a Guideline consideration

Report purpose does not conflict with guidelines.

 


8.7        Regional Services Gundagai

8.7.1      Gundagai Regional Services Works Report

DOCUMENT NUMBER

431544

REPORTING OFFICER

Donna Britton, Operations Support Officer - Facilities

AUTHORISING OFFICER

Matt Stubbs, Deputy General Manager - Operations  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

1. A vibrant, safe, and inclusive community

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

Nil  

 

Recommendation

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

 

Introduction

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

Discussion

This report covers the Regional Services projects and works over the month of November, detailing the operational activities, information on the progress of projects and the routine duties of this division.

 

Gundagai Parks & Gardens Section – Parks, Reserves, Sporting Fields, and Playgrounds - Achievements for the month include:

·    Regular street cleaning and maintenance.

·    Spraying of town Streets.

·    Removal of limbs and debris after storm damage.

·    Hedging in main street and parks.

·    Mowing, edging, and watering of recreational areas.

·    Irrigation works and repairs to areas in need of maintenance.

 

Cemeteries – North Gundagai Lawn & Monumental, South Gundagai, Tumblong, Coolac, Mount Adrah, Muttama, Adjungbilly, Nangus, Wagragobilly (Darbalara). Cemetery happenings this month include:

·    Bases to the new beam in Gundagai Lawn are being installed.

·    Council staff have completed the CCA NSW training online webinars in preparation for the NSW Licensing requirements for cemeteries.

·    Lawns and garden maintenance are conducted across all cemetery locations.

·    There was one interment into the Gundagai Lawn Cemetery in January.

Biosecurity - Councils Biosecurity Officer is continuing to increase his knowledge base with required training in this area.

Compliance/control inspections are being completed as below.

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Spray Records for the month of January 2025

 

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Gundagai Public & Council Facilities:

Gundagai Pool –

Gundagai Pool has had great attendance this season with an outstanding number of people attending the pool to enjoy the inflatable equipment in the week prior to Australia Day and then to also attend the Australia Day pool parties. Everyone is enjoying the fantastic canteen facilities and coffee’s being provided by the lessees.

 

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Gundagai RV Park Income January 2025

·    01/01/25 – 31/01/25 - Total Income $340.20

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Gundagai Transfer Station Key January 2025

·    01/01/25 – 31/01/25 - General Income $0.00

 

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Gundagai Landfill/Transfer January 2025

·    01/01/25 – 31/01/25 - General Income $4986.35

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Gundagai Saleyards January 2025

·    Income from the Saleyards Truck wash for the month of November amount yet to be received.  Note* Figures are GST inclusive.

2024/2025

Avdata Payments /Council Income

Usage -Customers /Account Holders

GST Incl.

2024

July

 $               3,157.14

35

2024

August

 $               2,123.91

35

2024

September

 $               3,313.23

30

2024

October

 $               2,418.47

28

2024

November

$               2,277.33

30

2024

December

$               3,435.11

32

2025

January

$               3,250.47

33

2025

February

2025

March

2025

April

2025

May

2025

June

2024/2025

Totals

 $            19,975.66

223

 

Compliance:

Compliance with the Companion Animals Act 1998

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

·    Issues with roaming stock have been reported and addressed with the stock being returned and notices given.

·    Several instances of Illegal dumping have occurred with investigations ongoing.

Financial

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

OLG 23a Guideline consideration

There are no implications to the guidelines.

 


Ordinary Council Meeting Agenda

25 February 2025

 

8.8        Regional Services Cootamundra

8.8.1      Regional Services - Cootamundra Monthly Report to Council

DOCUMENT NUMBER

430683

REPORTING OFFICER

Shelley Liehr, Operations Support Officer

AUTHORISING OFFICER

Matt Stubbs, Deputy General Manager - Operations  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

2. A region for the future

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

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil 

 

Recommendation

The Regional Services – Cootamundra department monthly works report be received and noted.

 

Introduction

This report has been prepared to inform Council of the activities undertaken by the Regional Services – Cootamundra Department over the month of January 2025.

Discussion

Saleyards

No sheep sales have occurred.

The saleyard’s holding paddocks agistment has ended. The holding paddocks have been grazed to a level where the fire risk has been reduced significantly and enough ground cover remains to protect the soil from degradation from wind/rain erosion. The paddocks will now be rested until suitable stock feed is available after the autumn break. Paddocks will be agisted once the level of feed is available.

Claron Estate land is on a 12-month lease contract. The fire risk has been reduced significantly with the use of sheep to graze the bulk of the fodder.

Truck Wash

As of the reporting date January, the truck wash recorded 137 transactions, invoicing a total of $7,873.77.

Truck wash area was cleaned and emptied twice during January , removing approximately 16 tonne of animal faeces.

Preparation works are being undertaken to install a second tank for potable water. The truck wash has run out of water several times and to mitigate the issue, a second tank is required to supply the pump house. The original design was for approximately 10 trucks per week – current average use is approximately five trucks per day and in some instances up to 7 trucks per day. Transport drivers prefer the Cootamundra truck wash due to the ease of entry, good pressure, cleanliness and safety improvements (lights, concrete paths, guarded areas).

Council will also install a second pump to maintain the pressure when two trucks are simultaneously using the truck wash. The second pump is a surplus and has been in storage from an early change to the truck wash. Extra taps will be installed so staff can wash down the pits and sieve grates without dragging heavy hoses around the yards and pits.

Recycled crushed concrete has been used to fill in ruts in the parking areas around the pump house to mitigate slips trips and falls and for ease of maintenance.

Cemeteries

During the Christmas break, two burials took place on the 31st December 2024 at the Cootamundra Lawn Cemetery.

January had three burials in the Cootamundra Lawn and one interment of ashes in the Cootamundra Lawn Niche. One plaque was affixed at Stockinbingal Lawn Cemetery and two ceramics at the Cootamundra Lawn Cemetery.

Conservation grants for Stockinbingal and Wallendbeen Cemeteries were submitted in October and Council are still waiting to hear back if we were successful from the Biodiversity Conservation Trust. If awarded, these grants will support the preservation of small areas of natural Grassy Box woodlands, two of the few remaining habitats of this kind in NSW.

Cootamundra Cemetery masterplan has been discussed with planning underway.

Regulatory Services

Council Rangers seized ten dogs during the month of January. Of these, one dog, which was microchipped and registered, was returned directly to its owner without impounding, while another seven were impounded and later reclaimed. Two dogs were surrendered and were released to rescue for rehoming.

Council Rangers seized twenty-two cats. One was microchipped and impounded, and was later reclaimed by their owners. One cat has been rehomed, while a further nine are awaiting rehoming. Thirteen feral cats were euthanised.

Council Rangers responded to various concerns about barking dogs, straying animals, and non-compliance for both cats and dogs.

Council Rangers continue to monitor and refill waste stations.

The Council Ranger attended a dog incident. As a result of the investigation, one dog has had an Intention of Menacing Dog issued.

Total registration fees collected for January amounted to $2,608.00.

Additionally, Rangers issued warnings for illegal parking to owners. Two vehicles were impounded for breaches under the NSW Public Spaces Act.

Parks and Gardens

Due to the Christmas leave, staff levels were lower than usual.

Mowing maintenance was reduced through the month due to no rain and the irrigation being only a supplementary process – sports fields, surrounds, irrigated small spaces, villages of Stockinbingal and Wallendbeen and town open spaces was reduced considerably. Due to equipment breakdowns only one mower has been available, the other two will be repaired and returned to service.

Cootamundra hosted the Touch Football Carnival in mid-January. Staff maintained the area and extra water was allocated to have a safe and useable playing surface for the competition. The drainage work had trenches that needed extra water for kikuyu coverage. Four new touch fields were marked out on the newly finished fields. Extra event bins were delivered to facilitate the rubbish requirements for the weekend.

Albert Park was maintained on the Thompson Street side, including the Gallipoli Rose Garden, in preparation for Australia Day events. Staff made themselves available to set up marquees, tables, chairs and flag pole for the day. Pack up was also undertaken by Parks staff at the conclusion of the event.

Sutton Street trees were trimmed and maintained from Mackay Street through to Campbell/Hovell Street intersection for the purpose of road sealing and pedestrian access in collaboration with RMS and Council’s Civil Works team to complete the project.

The town Christmas tree was removed in preparation for Australia Day, then erecting the town flagpole and flying the Australian Flag. A new flag was installed due to the existing flag reaching its useable lifespan.

Top dressing of Nicholson Park was undertaken after the touch football carnival as a preventative measure to mitigate the recently dug drainage trenches that had begun to subside due to the dry weather shrinking the soil. This work is part of the contractors agreement, there was no additional cost to Council.

Staff commenced work at the permanent Beach Volleyball site, weeding, edging the court and applying extra water to green up the area. Trees along Murray Street were maintained to allow the event to be held unhindered by low branches and for the tipping trucks to apply the sand.

General town maintenance to main street Gardens, including extra watering due to the hot weather.

Bio Security

General and WAP Activity January 2025

Activity

Location

Km/Count

Date

Regional Inspection Program - Inspection of High-Risk Pathways (roadsides) (Inspection) (Inspection) 1000km

Stockinbingal RD

19.5

8/1/25

Olympic HWY

14

7/1/25

Burley Griffin Way

25

8/1/25

Olympic HWY

5

9/1/25

Olympic HWY

14.6

10/1/25

Burley Griffin Way

4.7

14/1/25

Old Gundagai Rd

21.6

15/1/25

Rosehill Rd

21.5

15/1/25

 

 

 

 

TOTAL: 126km

 

(HRS) Inspection of named HRS.

(7 Cootamundra x 2 inspections)

Nursery (3)

Saleyards (1)

Abattoir (1)

Jugiong feedlot (1)

Conqueror grain (1)

 

Cootamundra Saleyards

 1 inspection and spraying.

9/1/25

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Inspection of High Risk Sites- Travelling Stock Reserves (TSRs) (Inspection) 35 TSR CGRC

1 inspection every 3 years. Target 30

 

Wallendbeen Crown Reserve

1 inspection

9/1/25

 

 

 

 

 

 

 

 

 

 

 

 

Inspection of HRS – Water ways and foreshore inspections.

100km annually.

Muttama Ck

Hilias Ck

Bland Ck

Cunninbgham Ck. Target 100km

Cunningham Ck

1km

9/1/25

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Private Property Inspections. Target 120

 

 

 

 14 Williams Avenue

1 inspection

17/1/2025

16 Williams Avenue

1 Inspection

17/1/2025

18 Williams Avenue

1 inspection

17/1/2025

0 Warralong Rd

1 inspection

28/1/25

216 Sutton’s Lane

1 inspection

28/1/25

91 Warralong Rd

1 inspection

29/1/25

92 Warralong Rd

1 inspection

29/1/25

184 Sutton’s Lane

3 inspection

30/1/25

81 Warralong Rd

1 inspection

31/1/25

60 Warralong Rd

1 inspection

31/1/25

59 Warralong Rd

1 inspection

31/1/25

 

 

 

 

TOTAL: 53/60

 

Provide landholders with education, training & technical advice & support on weed management (Extension)

 

Privet broad-leaf information package

3 packages

17/1/2025

Sticky Nightshade package

1 package

29/1/25

Silverleaf nightshade package

1 package

29/1/25

Weeds of Riverina booklet

1 package

31/1/25

Post inspection Reports

11 units

31/1/25

 

 

 

Other

 

 

 

Spot Spray Local Roads – Local priority weeds

 

 

 

 

Rosehill

Spot Spray

15/1/25

 

Kilrush

Spot spray

7/1/25

 

Old Gundagai

Spot spray

15/1/25

 

Stockinbingal Rd

Spot spray

14/1/25

 

Muttama Rd

Spot spray

8/1/25

 

Olympic HWY

Spot spray

10/1/25

 

Burley Griffin Way

Spot spray

14/1/25

 

Wallendoon Lane

Spot spray

7/1/25

 

 

 

 

 

General Comments:

-     The Landcruiser (spray unit) out of order at start of month.

-     Focus on highway roadside inspections and control of Johnson and African Lovegrass.

-     Summer maintenance side spray planned on several roads.

-     St. John’s Wort largely entering summer dormancy (shorter season – dry conditions - Cootamundra).

-     Local road spraying African Lovegrass, Johnson Grass, Silverleaf Nightshade and Bathurst Burr.

-     Private property inspections to continue.

-     New incursion of Sticky Nightshade identified on Burley Griffin Way. Treated, BIS reported and new RGP area to be erected in incursion zone. Seasonal monitoring required.

-     Continued work on WAP application. Several online meetings attended, and draft responses sent to DPI and Regional Weeds Coordinator. Feedback implemented. Final draft responses nearing completion. Section B funding allocations to be finalised before Feb 19th.

Waste Services

The Cootamundra tip shop is becoming quite popular with locals exploring the range of options to secure a bargain whilst assisting with the reduction in waste going into the landfill.

The recycled compost sold 61 tonnes, and the crushed concrete sold 336 tonnes over the January period.

Work has been completed for capping and cleaning up for builders’ rubble and other waste at the Cootamundra, Stockinbingal and Wallendbeen landfills as per EPA requirements.

A new haulage contractor has been engaged through the South West Regional Waste Management Group. This was awarded to Elliotts in Tumut which commenced on 1/2/2025.

Facilities

The roof at the Wallendoon Street toilet block was repaired to prevent the men’s toilet leaking through the ceiling.

Capital Works

Ellwood Hall update – It was anticipated to have the new toilet block completed by the end of December. Due to supply delays it is now expected to be completed at the end of February. The builder is waiting on the partitions for final the fit out.

Quad Scull update – The Men’s Shed have completed the restoration work to the Quad Scull and it is now ready to be displayed. The Heritage Centre The story board is being.

Financial

All areas of expenditure relating the operations within the Regional Services – Cootamundra department are in the most part within the allocated budgets.

OLG 23a Guideline consideration

No impacts associated with this report.

 


Ordinary Council Meeting Agenda

25 February 2025

 

8.8.2      Review of Gundagai Waste Management Operations

DOCUMENT NUMBER

431550

REPORTING OFFICER

Greg Ewings, Acting Manager Regional Services Gundagai

AUTHORISING OFFICER

Matt Stubbs, Deputy General Manager - Operations  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

2. A region for the future

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

 

FINANCIAL IMPLICATIONS

Funding of $720,000 in the 2024/2025 budget for the Gundagai Landfill upgrades including entrance upgrade with weighbridge, power and new site office amenities building.

LEGISLATIVE IMPLICATIONS

The Waste budget must be managed and be compliant with the terms and conditions as outlined within the relevant sections of LG Act. specifically related to domestic waste management services under Section 469 of the Local Government Act 1993 (NSW).

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil

 

Recommendation

1.    Council acknowledges receipt of the report on the current Waste Services Operations across the CGRC area.

2.    That Tenders be called for the provision of the Waste collection services for Council’s Transfer Stations and the Gundagai Burra Road Waste Facility.

3.    Council proceeds with the capital improvement program for the Gundagai Burra Road Waste Facility as detailed in the 2024/2025 Budget.

 

Introduction

This report is in response to Council’s request for the provision of Councils waste operations information, be provided for a Councillor workshop. The request was following a report to the July 23 Meeting 2024 which addressed the possible addition of a new transfer station in the Adjungbilly area.

In addition to addressing the immediate requirement outlined, this report delves into the broader context of council’s waste operation. By examining financial sustainability and evaluating the current waste management practices, the purpose of this report is to provide the Council with informed insights that will help to guide future decisions.

The management of waste operations is complex, and council must consider all factors that may influence the impact of their choices. Therefore, it is essential to recognise that when contemplating the development of a new services, the potential impacts of a new service on other areas of waste operations must be thoroughly understood.

The subsequent sections will reach into the specifics of staff findings and recommendations.

Discussion

To enhance clarity, this report is structured into six distinct sections:

1.   Current Waste Operation Details and Contracts

2.   Licencing and Compliance

3.   Potential Capital Improvements - Gundagai

4.   Gundagai Transfer Stations – Cost Comparison for Council to Undertake Full Service.

5.   Alternative Service Options for Gundagai Waste Services

6.   Summary

1.   CURRENT WASTE OPERATION DETAILS AND CONTRACTS

 

COOTAMUNDRA LANDFILL

 

The Cootamundra Landfill covers an area of 20.52 ha and operates under Environmental Protection License (EPL) being 5985 issued by the NSW EPA, which relates to a General Solid Waste (Putrescible) Landfill. Under this license agreement, the landfill operates under the Environmental Protection Authority (EPA) conditions and guidelines. This landfill licence allows a total tonnage of waste disposed of at the premises not exceeding 20,000 tonnes per year. All waste streams that enter this facility is captured and recorded though the weighbridge and waste software, identifying materials and weights that are collected for the EPA reports.

 

Cootamundra Waste Facility receives and manages both domestic and non-domestic waste. At Cootamundra, general waste is hauled to Ecofill, Jugiong, as part of the South West Regional Waste Management Group haulage agreement, with a total of 1,718 tonnes recorded for FY 2024.

 

The Cootamundra Waste Facility incorporates a Material Recovery Facility (MRF) which Elouera Association Inc operate under contract. All recycling collected is sorted and separated onsite and then transported off site for reuse.

 

Approximately two-thirds of domestic waste managed by Council is collected at the kerbside.  Council recycles around 40% of all kerbside waste streams collected.

 

CGRC residents generate significantly lower amounts of household kerbside waste compared with an average of all NSW Councils.  Within the co-mingled recycling stream, approximately 15% of the collection is landfilled as non-recyclable material, whilst very little contamination is reported within kerbside organics.

 

A revolve shop has recently been installed as per the Waste Strategy Delivery Action Plan 2020-2030 with the initiative to further reduce the amount of material going into landfill.

 

Residents of Cootamundra, Stockinbingal and Wallendbeen are provided with a three mobile garbage bin (MGB) Council kerbside service. This service is comprised of one 140L general waste bin collected weekly, one 240L recycling bin collected fortnightly, and one 240L green waste bin collected on the alternative fortnight. A relatively small number of kerbside services are also provided to businesses within the Cootamundra township.

 

Income received for FY 2024 over the Cootamundra Waste Facility totaled $869,948.14, with 26,043.61 tonnes of waste received over all waste streams.

 

Village Landfills

Stockinbingal and Wallendbeen landfills are managed under contract by Elouera Association Inc which is up for renewal in June 2025.

 

The life of both Stockinbingal and Wallendbeen villages is nearing completion. Council is exploring funding opportunities for the closure of these landfills and constructing transfer stations to those utilized in Muttama, Tumblong, Nangus and Coolac to service these communities to encourage resource recovery options, and alleviate the potential environmental risks associated with a traditional landfill.

 

Opportunities for recycling are limited at these sites. Recyclables are manually sorted by residents and collected in MGB’s which are supervised by contracted staff.

 

Stockinbingal

Stockinbingal landfill is a smaller rural landfill staffed by Elouera Association Inc. when open. The site is fenced with stock-proof fencing but due to its proximity to roads and villages. The installation of man-proof fencing and a remotely connected multi-camera CCTV system would provide better site security, reduce the risk of inappropriate dumping, scavenging and vandalism, and allow Council to respond should an incident occur.

 

There are a very limited opportunities at the site to separate and recovery resources and reduce the amount of material going to the pit.

 

Wallendbeen

Wallendbeen landfill is also operated by Elouera Association Inc. and has limited capacity to receive more waste. The larger open pit has limited capacity and is being capped as it nears its limit.

 

The site has stock-proof fencing, but due to the proximity of the site to main roads and the Wallendbeen village, there is a risk of dumping and unauthorized use. A third-party review recommend that the site have man-proof fencing and a remotely connected multi-camera CCTV system to provide better site security, reduce the risk of inappropriate dumping, scavenging and vandalism, and allow Council to respond should an incident occur.

 

As with the Stockinbingal landfill, there are limited opportunities to dispose of segregated recyclable materials at the landfill and it would be beneficial to install improved infrastructure improved recycling and resource recovery.

GUNDAGAI LANDFILL

The Gundagai Landfill operates as an unlicensed landfill, exempt from the same Environmental Protection Authority (EPA) conditions and operational requirements applicable to the Cootamundra Landfill. However, the Gundagai Landfill remains subject to stringent EPA waste regulations associated with unlicensed landfills.

In the waste report to council 23 July 2024 the inefficiencies and cost involved with the use of the Cleanaway 23m3 hook bins in the current service were highlighted. Staff are still compiling data from old service records to establish the amount of waste transported in the bins from the Gundagai landfill site over the past 3 years to enable an accurate $ per tonne cost. Once established the $per tonne cost will be used to compared with alternative services such as onsite compaction and joining the South West Regional Waste Management Group transport system.

Waste management involves interconnected components, each impacting the final outcome. To address the existing information deficiency, a comprehensive review of waste operations is imperative and is ongoing.  The review aims to identify areas requiring correction and implement appropriate changes, ensuring full compliance with the LG Act and securing the long-term financial viability of the Gundagai waste operations.

The Waste Operations and Financial Divisions of the Council are collaboratively addressing the existing deficiencies. They are implementing new accounting procedures to enhance data collection, ensuring accurate accountability for the entire waste operations. These efforts aim to secure both the current and long-term sustainability of waste operations, meeting community expectations.

Transfer Stations

Within the former Gundagai Shire area, there are currently four (4) village transfer stations situated as follows:

·    Muttama

·    Tumblong

·    Nangus

·    Coolac

The Council presently oversees day-to-day operations at these stations, which encompass tasks such as litter collection, bin repairs, fence and gate maintenance, scanner and camera monitoring, tag issuance, and skip bin management.

Previously, the Council held a Service agreement with Cleanaway for servicing the skip bins, but this Agreement expired in 2019. Since then, Cleanaway continued to provide service on a service-by-service basis. The delay in not re-negotiating the service agreement or commencing a new competitive procurement process for the service meant that there was no market cost comparison received at the time. This resulted in Council not knowing if it was receiving value for money at the time. In 2022 a decision not to renew the contract was based on the need for a comprehensive review to determine the most cost-effective and efficient approach to skip bin servicing. This evaluation was to weigh internal operations against external options. It could be reasonably assumed that not re-negotiating or going to market over this time led to increased prices.

In March 2024, after negotiations with Cleanaway new 12-month service agreements for the Transfer station servicing were signed with an average saving across the four sites of 11% from the 2023/2024 charges. This contract expires in March 2025 and during its term there has been several inefficiencies in its delivery in which if rectified Council could save cost.

Considering the above it is timely that Council goo out to the market and call for tenders for the provision of the service.

Prices received can then be received and compared to the cost of Council undertaking the operation in house.

Included below are plans that give details of the location of the current sites and the coverage within the council boundaries.

Figure 1a below shows the location of Councils current waste facilities

A map of a city

AI-generated content may be incorrect.

Figure 1a

Figure 1b below shows the coverage of the current facilities using a 15km radius from each site.

A map with green circles

AI-generated content may be incorrect.

Figure 1b

OPERATING COST

Below is a summary of the income and operating cost of the Gundagai waste services for the 2023/2024 Financial year.

 

23/24      Waste Income Domestic

·    Number of current bins serviced (as per rate notices) – DWC 951, CWC 115 assessments – 259 services.

·    Total Income from Domestic Waste Charge - $494,520.00

·    Number of rural properties that receive a rural waste levy Gundagai (RWC) – 1297.

·    Total income from RWC - $99,869.00.

Total Annual Domestic Income - $594,389.00

 

Income General Waste

·    Gundagai Landfill Fee & Chargers - $69,303.00 (2023/24)

·    Sale Scrap Steel – $29,000.00.

Total Income General Waste - $98,954.00 

Total Waste Annual Income - $693,343.00

 

   Waste Expenditure

·    Operating Costs Domestic Waste Collection - $236,456.00

·    External Operational Costs Gundagai Landfill - $221,593.00

·    Internal Operating Costs four (4) Transfer Stations - $6,712.00

·    External Operating Costs Four (4) Transfer Stations - $191,085.00.

 

Total Waste Operations Expenditure Gundagai - $655,846.00

Income 23/24 F/Y $693,343.00 - 23/24 F/Y Expenditure $655,846.00 = $37,497.00 result

23/24 Annual Gundagai Waste Operating Result positive $37,497.00.

 

Regarding the financials related to Domestic Waste, the income amounts to $549,380.00, with a total operating expenditure of $432,892.00. This results in a surplus of $116,488.00 for the Domestic Waste Reserve.

The operational cost compared to the income generated by the Gundagai Landfill is a concern. While there has been areas of the operation where cost savings have been identified which are described in part 4 of this report it also should be noted that the fees and charges and service delivery at the site need reviewed to determine a more sustainable outcome.

As an example, in 2023/24 there were 1973 manually recorded transaction at the site with $33,863.00 income recorded for the transactions. This equates to an average price of $17.16 per transaction recorded manually at the gate in operating hours.

The difference between the gate income of $33,863.00 and the total recorded income of $69,303.00 was $35,440.00 which was charged to account holders.

If the average charge of $17.16 was divided into the total site income of $69,303.00 it equates to 4038 transactions in total.

In the same period the Cootamundra Landfill had recorded a total of 20557 transactions over the weighbridge with an income of $841,935.00. When divided by the transactions this equates to an average transaction price of $40.95.

If assuming the Gundagai site had a weighbridge and charged by weight using the same fees and charges structure as Cootamundra, then the 4038 transactions through the Gundagai site would have generated $165,381.00.

This example highlights the need to be able to have detailed information on who is using the facility the products being delivered or taken and the amount in out of the site. Without having detailed information, it is hard to set fees and charges that cover the current cost of operating a landfill and the cost required to be used in the future for upgrades and rehabilitation the site will require.

2.   LICENCING AND COMPLIANCE

Licencing;

Cootamundra Landfill is operated under the EPA licence 5985 for waste disposal to land not exceeding 20,000 tonne per annum.

Gundagai is a non-licenced small, rural landfill.

 

Compliance;

Cootamundra Landfill annual licence return.

Domestic Waste Management Services Under Section 469 of the Local Government Act 1993 (NSW)

Domestic waste operations encompass the collection and management of various materials, as outlined in the Local Government Act. These services include:

1.   Household Putrescible Waste Bins

2.   Household Green Waste Bins

3.   FOGO (Food Organics, Garden Organics) Waste Collection

4.   Recyclable Material Collection Bins

 

The costs associated with these domestic waste operations are covered by the Domestic Waste Management Charge, which forms part of the annual ratable waste charges imposed by CGRC.

The provisions outlined in the Local Government Act:

1.   Annual Charges for Domestic Waste Management Services:

·    Councils are obligated to establish and levy an annual charge for providing domestic waste management services.

·    This charge applies to each rateable land parcel where the service is available.

·    Importantly, the charges must not exceed the reasonable cost of providing these   essential services.

·    Revenue collected through these charges is earmarked exclusively for domestic waste management purposes.

2.   Restrictions on Using Ordinary Rate Income:

·    Councils are expressly prohibited from allocating income from an ordinary rate toward the cost of domestic waste management services.

·    However, subsection (1A) allows for income from an ordinary rate to be internally lent, specifically for meeting the costs associated with providing domestic waste management services.

In summary, Section 469 ensures that local councils effectively fund and manage domestic waste services while maintaining transparency and cost-effectiveness.

As detailed above it is not permissible to have a waste management charge that exceeds the actual costs to deliver the service to the community.

Under the Local Government Act (LGA) Waste provisions, waste is classified into two main categories: Domestic and General waste. According to the Local Government Act 1993 (NSW), councils are obligated to levy an annual charge for providing domestic waste management services to each rateable parcel of land where this service is available.

These charges related to Domestic Waste must be exclusively utilised for managing and servicing Domestic Waste, not for General Waste. Furthermore, these charges should not exceed the reasonable cost incurred by the council in delivering waste services to the community.

 

3.   POTENTIAL CAPITAL IMPROVEMENTS - GUNDAGAI

The capital improvements identified as being required for the Gundagai Burra Road Site are

Weighbridge

Associated amenities and weighbridge building

Provision of power or solar option / generator back up option

Potential installation of waste compactor unit (New Wastech Unit $164,373 inc. GST in 2020)

Upgrade internal roads and parking area

Renew fencing on Burra Road frontage.

-      Indicative quotes have been received for the provision and installation of a new weighbridge with an associated weighbridge office and amenities building including solar power, with battery storage costing $280,000.00

 

4.   ALTERNATIVE SERVICE OPTIONS FOR GUNDGAI WASTE SERVICES

Removing Landfill from Transfer Operations: By separating landfill operations from transfer activities, we can streamline processes and enhance accountability.

Internalising Landfill Management: Transitioning from external to internal management can improve cost control and operational effectiveness.

Adjusting Landfill Operating Hours: Exploring the possibility of operating the landfill only three days a week could yield efficiency gains.

Implementing a Weigh Bridge and Data Management System: Installing a weigh bridge and associated waste data management system will ensure accurate tracking of data and fees. The Data gained will enable the breakdown of cost of all Gundagai waste operations to cost per tonne as well as giving better control and security to the Burra Road site.

Evaluating FOGO Operations: Investigating the current FOGO (Food Organics, Garden Organics) operations and processing to identify options and potential cost savings.

Introducing Kerbside Collection: The introduction of a kerbside collection for General Waste and recycling to the Gundagai villages of Muttama, Tumblong, Nangus and Coolac may reduce the use and demand of the transfer stations.

These opportunities represent a starting point for addressing the current issues, problems and ensuring the long-term sustainability of our waste operations.

5.   SUMMARY

This report identifies the current operational waste services and the cost to council to provide the services, additionally the report indicates areas of the current waste operations that may be improved and demonstrates the need to have a new Waste Management Policy.

The report also details the need to consider the wider issue of what parameters should be considered when looking at where a waste service is provided. While the report focuses more within the Gundagai area the implications apply equally to the Cootamundra Waste operations. By examining financial sustainability and evaluating current waste management practices, the purpose of this report is to provide Council with informed insights that will help guide future decisions.

It is for the above reasons it is not recommended that Council proceed at this time with the construction of any additional Transfer Stations, however pending the results of cost savings by that may be gained by going to the market or alternatively servicing in house if more cost effective the issue could be reconsidered and included in a new CGRC Waste Management Policy (WMP).

While it is acknowledged that all waste service operations do not provide equality of services to all property owners and residents by having a policy that clearly defines Council’s Waste Management services, operations and the areas within the Council Boundaries that receive each type of service, and the levels of service gives clarity and consistency that can be easily communicated to the community.

Financial

Funding of $720,000 in the 2024/2025 budget for the Gundagai Landfill upgrades including entrance upgrade with weighbridge, power connection and new site office /amenities building. Potential projected expenses associated with Waste Transfer Station at Adjungbilly in future budget.

OLG 23a Guideline consideration

Does not conflict with Guidelines.

 


Ordinary Council Meeting Agenda

25 February 2025

 

9            Motion of which Notice has been Given

Nil

10         Questions with Notice

Nil


Ordinary Council Meeting Agenda

25 February 2025

 

11         Confidential Items

11.1       Closed Council Report

DOCUMENT NUMBER

431660

REPORTING OFFICER

Teresa Breslin, Executive Assistant to Mayor and General Manager

AUTHORISING OFFICER

Roger Bailey, Interim General Manager  

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

To facilitate compliance with sections 10 and 11 of the Local Government Act 1993.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

Nil 

 

Note

Council’s Code of Meeting Practice allows members of the public present to indicate whether they wish to make representations to the meeting, before it is closed to the public, as to whether that part of the meeting dealing with any or all of the matters listed should be closed.

 

RECOMMENDATION

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.

11.2       RFT2024/04 Water Network Civil, Electrical and Mechanical Upgrades at Cootamundra & Gundagai

Provisions for Confidentiality

Section 10A (2) (d(i))  – The Confidential Report contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

Public Interest

Discloses commercial information.