Council Meeting Agenda - upperhunter.nsw.gov.auupperhunter.nsw.gov.au/f.ashx/documents/Council/... · ADOPTION OF MINUTES - Sub-Committee Meeting ... English direction for Councillors

A Quality Rural Lifestyle - in a vibrant, caring and sustainable community

Council Meeting Agenda

27 November 2017

To All Councillors

You are hereby notified that the next meeting of the Upper Hunter Shire Council will be held on Monday, 27 November 2017 in the COUNCIL CHAMBERS, SCONE commencing at 5.00PM, for the purpose of transacting the undermentioned business.

W CROCKETT

GENERAL MANAGER 1. PRAYER

2. ACKNOWLEDGEMENT OF COUNTRY

3. APOLOGIES

4. ADOPTION OF MINUTES - Ordinary Council Meeting held on 30 October 2017

5. DECLARATION OF INTEREST

6. PUBLIC PARTICIPATION F.11.1 ANNUAL FINANCIAL STATEMENTS ..................................................................................... 120

Geoff Allen, Forsyths

7. NOTICE OF MOTIONS RM.11.1 RESCISSION MOTION ........................................................................................................... 1

NM.11.2 COUNCIL POLICY - EXTERNAL COMMUNICATIONS .................................................................. 2

8. MAYORAL MINUTES A.11.1 PRESENTATION - RECOGNITION OF LENGTH OF SERVICE ....................................................... 8

9. BUSINESS ITEMS

STANDING COMMITTEE REPORTS ............................................................................................. 9

SCR.11.1 INFRASTRUCTURE SERVICES COMMITTEE ........................................................................ 9

SCR.11.2 FINANCE COMMITTEE ................................................................................................... 15

SCR.11.3 DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE ............................................. 21

COMMITTEE/DELEGATES REPORTS ........................................................................................ 84

C.11.1 AIRPORT COMMITTEE ........................................................................................................ 84

C.11.2 SCONE REVITALISATION COMMITTEE .................................................................................. 90

C.11.3 MURRURUNDI REVITALISATION COMMITTEE ........................................................................ 99

C.11.4 ABERDEEN REVITALISATION COMMITTEE .......................................................................... 106

C.11.5 EXTRAORDINARY MEETING OF MERRIWA TOURISM AND PROMOTION COMMITTEE ............... 114

FINANCE REPORTS ................................................................................................................... 120

F.11.1 ANNUAL FINANCIAL STATEMENTS ..................................................................................... 120

GENERAL ADMINISTRATION REPORTS ................................................................................. 123

G.11.1 REQUEST FOR SPONSORSHIP - SCONE SCOUTS ASSOCIATION .......................................... 123

G.11.2 CODE OF CONDUCT COMPLAINTS STATISTICS REPORT 2017 ............................................ 127

G.11.3 ARTS UPPER HUNTER ..................................................................................................... 132

G.11.4 2016/2017 ANNUAL REPORT ........................................................................................... 141

G.11.5 REQUEST FOR DONATION - ABERDEEN PLAYGROUP .......................................................... 143

G.11.6 REQUEST FOR DONATION - NAIDOC WEEK 2018 ............................................................ 150

G.11.7 REQUEST FOR DONATION - SCONE NEIGHBOURHOOD RESOURCE CENTRE - OLD CARAVAN 162

POLICY MATTERS ...................................................................................................................... 167

H.11.1 COUNCIL POLICY - EQUAL EMPLYOMENT OPPORTUNITY .................................................... 167

RESPONSES TO PREVIOUS QUESTIONS ............................................................................... 180

RPQ.11.1 RESPONSES TO PREVIOUS QUESTIONS ....................................................................... 180

10. COUNCILLOR QUESTIONS

CONFIDENTIAL REPORTS ........................................................................................................ 186

ADOPTION OF MINUTES - Sub-Committee Meeting - Code of Conduct - 3/11/17 CR.11.1 ABERDEEN HEIGHTS LAND SALE ...................................................................................... 186

CR.11.2 SCONE TO MURRURUNDI PIPELINE - RESERVOIR SITES LAND PURCHASES ......................... 187

CR.11.3 TENDER - WATER & SEWER MAIN RENEWALS ................................................................... 188

CR.11.4 SUPPLY AND DELIVERY OF ROAD BASE MATERIALS (T371718HUN) ................................. 189

CR.11.5 PROVISION OF COMMERCIAL CLEANING SERVICES (T391718UHSC) ................................ 190

CR.11.6 TENDER - SUPPLY AND DELIVERY OF ROADBASE MATERIALS ............................................ 191

CR.11.7 RECRUITMENT OF GENERAL MANAGER ............................................................................. 192

Report To Ordinary Council Meeting 27 November 2017

General Manager's Unit

Upper Hunter Shire Council – Ordinary Meeting Agenda – 27 November 2017 Page 1

NOTICES OF MOTION

RM.11.1 RESCISSION MOTION

RESPONSIBLE OFFICER: Waid Crockett - General Manager

AUTHOR: Robyn Cox - Executive Assistant

MOTION: That the resolution in respect to confidential item CR.10.2 of the ordinary meeting on 30 October 2017, as detailed below be rescinded. Cr M Collison Cr R Campbell Cr L Driscoll

CR.10.2 Sale of Land – Portion of Little Gap Quarry RECOMMENDATION

That Council:

1. Determine that the subject parcel of land is “Surplus Land” as per the Policy; 2. Proceed with the sale of 1.321 Ha of land requested by the adjacent land owner; 3. Seek a formal market valuation of the land; 4. Undertake a public expression of interest for the land; and 5. If no submissions, provide delegated authority to the General Manager to

negotiate the sale of the land and sign all documentation relating to the boundary adjustment and transfer of land.

Moved: Cr M Collison Seconded: Cr R Campbell LOST




NM.11.2 COUNCIL POLICY - EXTERNAL COMMUNICATIONS



NOTICE OF MOTION The following Notice of Motion was received from Cr Abbott: That Council amend its External Communications policy to allow Councillors to 'make their own personal position known about any matter, which is pertinent to the business of Council, including Council decisions, provided that it cannot be construed to be a statement on behalf of the Council.' Rationale: The following proposed change to the External Communications policy will provide plain English direction for Councillors in the implementation of the External Communications policy:

As an elected representative, ratepayers are entitled to know how Councillors voted and/or think about Council matters. Essentially the public should know how their elected representatives are thinking individually so that they (the public) can decide whether they (the public) will vote for those Councillors again or not should that opportunity present. The change is not proposing that Councillors speak on behalf of Council.

ATTACHMENTS

1 COMMUNITY RELATIONS - Policy - External Communications - Signed 27/10/15

ATTACHMENT NO: 1 - COMMUNITY RELATIONS - POLICY - EXTERNAL COMMUNICATIONS - SIGNED 27/10/15

ITEM NO: NM.11.2



ITEM NO: NM.11.2



ITEM NO: NM.11.2



ITEM NO: NM.11.2



ITEM NO: NM.11.2



Corporate Services


MAYORAL MINUTES

A.11.1 PRESENTATION - RECOGNITION OF LENGTH OF SERVICE

RESPONSIBLE OFFICER: Steve Pryor - Director Operations

AUTHOR: Lisa Casey - Governance & Executive Support Officer

RECOMMENDATION That Council recognise Jason Constable and Robyn Cox for their 20 years of service with Council.

REPORT/PROPOSAL In accordance with Council’s policy, Recognition of Length of Service, Council will appropriately recognise staff with long periods of employment with Upper Hunter Shire Council (including services with the former Scone, Merriwa and Murrurundi Shire Councils). Jason Constable (Team Leader/Medium Plant Operator) and Robyn Cox (Executive Assistant) have both achieved 20 years of service with Council. OPTIONS Nil ATTACHMENTS

Nil.


Infrastructure Services


STANDING COMMITTEE REPORTS

SCR.11.1 INFRASTRUCTURE SERVICES COMMITTEE


AUTHOR: Karen Lee - Infrastructure Services Support Officer

RECOMMENDATION

That Council:

1. endorse the minutes of the Infrastructure Services Committee meeting held on 14 November 2017

2. identify potential areas of interest with regard to development of gravel quarries and a view to approach appropriate land holders who may be interested in providing their permission for development.

3. maintain Lot 140 DP 1144829 (Gundy Road) as the preferred site for the Scone Water Treatment Plant.

4. a) Note the Solid Waste Management Administrative Review Report b) Undertake items listed in the Action Plan c) Seek variations to licences to:

Increase Scone’s annual tonnage from 7,000 to 10,000. Seek EPA’s approval to trial alternate daily cover options Seek EPA’s approval to amend Murrurundi licence to correct lot and deposited

plan details.

BACKGROUND The Infrastructure Services Committee provides policy and direction, along with an update on the planned program for roads, bridges, water and sewerage work, parks, building and waste management. REPORT/PROPOSAL ISC.11.3 CAPITAL WORKS UPDATE Roadwork discussion identified that there are still insufficient gravel quarries particularly in the Western portion of the Shire for Council to source gravel without long distance haulage. Cr James Burns raised the question why we shouldn’t be contacting potential quarry owners after doing a general assessment of the geological location of potential quarries. ISC.11.5 SITE OPTIONS FOR FUTURE SCONE WATER TREATMENT PLANT The Committee were presented with three viable options for the location of the future Scone Water Treatment Plant and as it stands were in agreeance with the existing site be the best option. The recommendation was that Council maintain Lot 140 DP 1144829 (Gundy Road) as the preferred site for the Scone Water Treatment Plant.




ISC.11.7 UPPER HUNTER SHIRE COUNCIL SOLID WASTE MANAGEMENT

ADMINISTRATIVE REVIEW The report prepared by the consultant was tabled which outlined an action plan for improvements as well as a number of recommendations to submit to the EPA about variations to landfill licences. CR.11.1 UPPER HUNTER SHIRE COUNCIL SUPPLY AND DELIVERY OF ROADBASE

MATERIALS TENDER Although the Infrastructure Services Committee reviewed the tender panel list, Council is the decision maker for all tenders. The report has been referred to Council for determination.

ATTACHMENTS

1 Infrastructure Services Committee - 14 November 2017 - Summary Minutes

ATTACHMENT NO: 1 - INFRASTRUCTURE SERVICES COMMITTEE - 14 NOVEMBER 2017 - SUMMARY MINUTES

ITEM NO: SCR.11.1


MINUTES OF THE INFRASTRUCTURE SERVICES COMMITTEE OF UPPER HUNTER SHIRE COUNCIL HELD ON TUESDAY 14 NOVEMBER 2017 IN THE BARRY ROSE ROOM COMMENCING AT 1.00pm

PRESENT: Cr Wayne Bedggood, Cr James Burns, Cr Ron Campbell, Cr Lorna Driscoll. APOLOGIES: Cr Sue Abbott, Alan Fletcher and Cr Maurice Collison IN ATTENDANCE: Mr Nick Havyatt (Manager Works Delivery), Mr Jeff Bush (Manager Strategic Assets) and Mr Phillip Hood (Manager Water & Sewer), Mr Steve Pryor (Director Operations), Ms Nilakshi Fernando (Engineer Water & Sewer Treatment) and Mrs Karen Lee (Infrastructure Support Officer) DECLARATIONS OF INTEREST: NIL

ISC.11.1 WORKS PROGRAM - INFRASTRUCTURE SERVICES - WATER AND SEWER


AUTHOR: Phillip Hood - Manager Water & Sewer

RESOLVED that the Committee receive the report and note the information.

Moved: R Campbell Seconded: J Burns CARRIED

ISC.11.2 WORKS PROGRAM - INFRASTRUCTURE SERVICES


AUTHOR: Nicholas Havyatt - Manager Works Delivery


Moved: J Burns Seconded: L Driscoll CARRIED

ISC.11.3 CAPITAL WORKS UPDATE



The Committee received the report and noted the information. RECOMMENDED that Council identify potential areas of interest with regard to development of gravel quarries and a view to approach appropriate land holders who may be interested in providing their permission for development.



ITEM NO: SCR.11.1


ISC.11.4 SPECIAL PROJECTS UPDATE


AUTHOR: Alan Fletcher - Special Projects Manager



ISC.11.5 SITE OPTIONS FOR FUTURE SCONE WATER TREATMENT PLANT

RESPONSIBLE OFFICER: Phillip Hood - Manager Water & Sewer

AUTHOR: Nilakshi Fernando - Engineer Water & Sewer Treatment

RECOMMENDED that Council maintain Lot 140 DP 1144829 (Gundy Road) as the preferred site for the Scone Water Treatment Plant.

Moved: L Driscoll Seconded: J Burns CARRIED

ISC.11.6 BRIDGE BORE TEST REPORTS



RESOLVED that the Committee:

1. Note the report. 2. Receive a further report to the December Meeting once the load testing have been

finalised, priorities and funding options have been determined.


ISC.11.7 UPPER HUNTER SHIRE COUNCIL SOLID WASTE MANAGEMENT ADMINISTRATIVE REVIEW


AUTHOR: Karen Lee - Infrastructure Services Support Officer

RECOMMENDED that Council :

1. Note the review 2. Undertake items listed in the Action Plan 3. Seek variations to licences to:-

Increase Scone’s annual tonnage from 7,000 to 10,000. Seek EPA’s approval to trial alternate daily cover options Seek EPA’s approval to amend Murrurundi licence to correct lot and deposited

plan details.



ITEM NO: SCR.11.1


ISC.11.8 OCTOBER POOL USAGE REPORT



RESOLVED that the Committee note the report Moved: J Burns Seconded: L Driscoll CARRIED

Noted Cr Burns also noted that it is not necessary for this report to be included in the monthly infrastructure Meeting agenda unless the figures provided change dramatically. An end of season report to be provided at the April 2018 Meeting.

CLOSED COMMITTEE

RESOLVED that Council move into Closed Committee with the press and public excluded in accordance with Section 10(2)(c) of the Local Government Act 1993.

Moved: J Burns Seconded: R Campbell CARRIED

CONFIDENTIAL REPORTS

CR.11.1 UPPER HUNTER SHIRE COUNCIL SUPPLY AND DELIVERY OF ROADBASE MATERIALS TENDER



This matter is considered to be confidential under Section 10A(2) (c) of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

RECOMMENDED that the Committee adopt the recommendation as outlined in the Confidential Report.


RETURN TO OPEN MEETING RESOLVED That the meeting move back into Open Committee.

Moved: J Burns Seconded: R Campbell CARRIED Upon resuming Open Committee the following recommendation was adopted: RECOMMENDED that the Committee adopt the recommendation as outlined in the Confidential Report.



ITEM NO: SCR.11.1


COUNCILLOR QUESTIONS Cr Ron Campbell

1. Asked if the additional sign posts along Brawboy Road had been installed as he had residents suggest that this is not sufficient.

Response: Manager of Works Delivery advised that the guide posts were put closer together, providing a more visual barrier. Without replacing these with guide rails (which isn’t an option due to cost) this is the most effective option at this point in time.

2. Enquired about signage for slippery conditions be installed on Flight Spring Road and Forrest

Reserve Road.

Response: Manager of Works Delivery advised that “Drive to Road Conditions” signs are already installed at the beginning of these roads.

3. Identified that there are potholes along Bunnan Road and Satur Road that need filling.

Response: Manager of Works Delivery to investigate and arrange to be repaired.

THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 2.57pm.


Corporate Services


SCR.11.2 FINANCE COMMITTEE



RECOMMENDATION

That Council endorse the minutes of the Finance Committee meeting held on 22 November 2017.

BACKGROUND The Finance Committee meets prior to each monthly Council Meeting to consider the Financial Summary Reports, the Cash and Investment Report, and the Responsible Accounting Officer’s Statement. REPORT/PROPOSAL A meeting of the Finance Committee was held on Wednesday, 22 November 2017. The minutes from the meeting are attached.

ATTACHMENTS

1 Finance Committee - 22 November 2017 - Summary Minutes - attachments excluded

ATTACHMENT NO: 1 - FINANCE COMMITTEE - 22 NOVEMBER 2017 - SUMMARY MINUTES - ATTACHMENTS EXCLUDED

ITEM NO: SCR.11.2


MINUTES OF THE FINANCE COMMITTEE OF UPPER HUNTER SHIRE COUNCIL HELD ON WEDNESDAY 22 NOVEMBER 2017 IN THE BARRY ROSE ROOM COMMENCING AT 8.30am

PRESENT: Cr Wayne Bedggood (Mayor), Cr Josh Brown and Cr Ron Campbell. APOLOGIES: That the apologies from Cr Kiwa Fisher and Cr Sue Abbott be accepted.

Moved: Cr R Campbell Seconded: Cr J Brown CARRIED IN ATTENDANCE: Mr Steve Pryor (Director Operations) and Miss Lisa Casey (Executive Support Officer). DECLARATIONS OF INTEREST: Nil

FCR.11.1 FINANCIAL SUMMARY & INVESTMENT REPORT


AUTHOR: Wayne Phelps - Manager Finance


1. Note the Fund and Function Summary Report; 2. Note the Cash and Investment Report; 3. Note the Responsible Officer’s Statement.

Moved: Cr W Bedggood Seconded: Cr R Campbell CARRIED

FCR.11.2 OPERATIONAL REPORT




1. Note the comments on the budget review by the managers/budget holders; 2. Note the requested variations as detailed in the budget review; 3. Note the Capital Budget Review by the managers/budget holders; 4. Note the comments on the Capital Budget Review by the managers/budget holders.

Moved: Cr J Brown Seconded: Cr R Campbell CARRIED


ITEM NO: SCR.11.2


FCR.11.3 CONTRACTORS & EXPENSES REPORT



RESOLVED that the Committee: 1. Note the Contractors Listing for the period; 2. Note the Consultancy and Legal Expenses report for the period.

Moved: Cr W Bedggood Seconded: Cr J Brown CARRIED

FCR.11.4 DONATIONS SUMMARY



RESOLVED that the Committee note the Year to Date Donations summary for 2017/18.

Moved: Cr R Campbell Seconded: Cr J Brown CARRIED

FCR.11.5 RESPONSES TO PREVIOUS QUESTIONS



RECOMMENDATION For notation only. The following questions were raised throughout the meeting on 25 October 2017 and either answered or taken on notice: Depot Operations Cr Campbell asked if there had been any progress in replacing the diesel tanks at Merriwa Depot.

Response: A report will be completed on this project and referred to the Infrastructure Services Committee.

Sustainability Cr Fisher asked about the progress of recruiting for a Sustainability Manager.

Response: The position has been advertised and a number of applications were received. It appears that several of the applicants will progress to an interview.

Real Estate

Cr Fisher inquired about the progress of creating and mapping the Council land register.

Response: The project has continually been progressing but the final completion date is not yet known.


ITEM NO: SCR.11.2


Street Cleaning Cr Bedggood asked why the street sweeping targets weren’t met.

Response: Street Sweeping is undertaken by a contractor. It is unknown why this month did not meet the target. The shortfall will be made up in coming months.

Cemeteries Cr Campbell noted that the gates at the cemetery have not been fixed. He also asked if the walkway beside the gate could be improved where pedestrians enter.

Response: Council will be crushing some concrete shortly which may be a suitable material as it can be compacted to form an even, durable surface.

Quarries Cr Campbell asked about the costing to crush the material from Cuan Quarry.

Response:

The total cost of blasting and crushing material at Cuan pit was: $184,408 Drill & Blasting $ 74,704 Gravel Screening & Crushing $108,594 Material Assessment $ 1,110 Total $184,408 Parks & Gardens Cr Fisher asked for an update on the progress of service reviews, specifically parks and gardens. The committee discussed that the creation of specifications for parks and gardens maintenance would create a better standard which staff would have to uphold.

Response: Service reviews have been delayed until the SRV process has been completed with this process taking priority at present.

Swimming Pools Cr Campbell requested clarification in regard to the pool closure at Merriwa. The committee discussed the importance of inspections being carried out well in advance before opening.

Response: Council was not aware that the pool required painting until it had been refilled at the beginning of the season. Although the ‘chalking’ of the paint is not hazardous in any way, it was determined that a short closure would allow Council carry out some maintenance work which would last through to next winter. It is anticipated that the pool will be stripped and resurfaced in the off-season.

Transport Ancillaries Cr Campbell requested an update on the Farrams Lane project?

Response: There is a basic concept design being developed. Part of this depicts the proposed relocation of the entry/exit on Liverpool Street.


ITEM NO: SCR.11.2


Water Cr Brown asked where Murrurundi’s town water supply is currently being drawn from while water restrictions are in plan.

Response: Taken on notice. Acting General Manager advised he would follow up on the query and distribute an update to Councillors on Friday 27 October 2017. It was noted that extensive water testing is being undertaken on the water supply to ensure that the best and safest supply is being utilised.

The following questions were raised throughout the meeting on 22 November 2017 and either answered or taken on notice: Revenue Services Cr Brown asked how much the overall SRV application process will cost.

Response: Taken on notice.

Saleyards Cr Bedggood requested an update on the saleyards drafting boards scanner system.


Cemeteries Cr Campbell asked for an update on his previous question in relation to the gate and path at Merriwa Cemetery.

Response: Council will investigate the option of a better latching mechanism. The walkway gravel will be replaced with a more suitable material that can be compacted.

Community Centres & Halls Cr Campbell asked if Council was looking at replacing the shelving in the School of Arts Refrigerator given its deteriorating condition.

Response: Council officers will inspect the fridge to determine a suitable solution.

Roads Cr Campbell asked what the estimated cost is to supply gravel from pits to particular secondary roads? Significant distances are often travelled to get to different sites. Cr Campbell noted he could provide a list of specific roads in question.

Response: Director Operations will investigate the cost upon receiving the list of roads from Cr Campbell.


ITEM NO: SCR.11.2


Communications Cr Brown asked if Council could further investigate the suitability of paid media monitoring with Isentia prior to renewing the contract. The committee were all in agreeance.

Further information will be sought and assessed to determine if this service is cost effective. Cr Brown enquired as to whether Council is paying a duplicated copyright licence fee both through Isentia and their own subscription. THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 10.34AM.


Environmental & Community Services


SCR.11.3 DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE


AUTHOR: Mathew Pringle - Director Environmental & Community Services

RECOMMENDATION

That Council: 1. endorse the minutes of the Development & Environmental Services Committee

meeting held on 14 November 2017. 2. DESC.11.1 - approve Development Application No. 121/2017 for the construction of an

awning to the front façade of Aberdeen Preschool at Lot 1 DP 1079718, 34 Bedford Street, Aberdeen subject to the conditions of consent in Attachment 2.

3. DESC.11.2 - approve Development Application No. 114/2017 for the conversion of an existing dwelling and garage into five (5) serviced apartments at Lot 5 DP 1073962, 4 Hill Street, Scone subject to the conditions of consent in Attachment 3.

4. DESC.11.3 - modify Development Consent No. 114/1996 to extend the life of the quarry at Lot 126, Lot 127 and Lot 129 DP750941, Middlebrook Road, Scone for another 25 years, subject to the conditions of consent in Attachment 4.

5. DESC.11.4 - approve Development Application No. 30/2017 for the staged subdivision of one (1) lot into 40 lots (Stage 1 – 1 lot into 4 lots) at Lot 621 DP 1200390 Moobi Road, Scone subject to the conditions of consent in Attachment 5.

6. DESC.11.5 - refuse Development Application No. 57/2017 for the demolition of existing buildings and construction of a shed to be used as a bulky goods premises at Lot 1 DP 1100096, 77 Main Street, Scone for the reasons given in Attachment 6.

BACKGROUND The Development and Environmental Services Committee is a Standing Committee of Council which considers reports, advice and recommendations of management regarding strategic land use planning, development applications, environmental, health and building related matters. The Committee subsequently makes recommendations to Council in relation to such matters. A meeting of the Development & Environmental Services Committee was held on Tuesday, 14 November 2017. REPORT/PROPOSAL In relation to Item DESC.11.2, the Committee recommended deferral of Development Application No. 114/2017 pending the submission of revised car parking plans to address concerns regarding the need for vehicles to reverse out of the property on to Hill Street. A review of the car parking arrangements, in consultation with the applicant, has determined that the only practicable solution is to provide a turning bay within the front setback area forward of the building line. Accordingly, an alternative recommendation has been made that the application be approved subject to a condition of consent requiring provision of a turning bay. A further condition has been recommended requiring all vehicles to enter and exit the property in a forward direction.


Environmental & Community Services


In addition, it is noted that Condition No. 28 has been added to require all boundary fences to be increased to a height of 1800mm to address privacy concerns raised by the neighbouring property owner. Condition No. 9 has been amended to correct an error in the calculation of Section 64 contributions payable. In relation to Item DESC.11.3, minor amendments have been made to Condition No’s. 8, 17, 23 c), 29, 39 and 42 to correct minor errors, to further address environmental impacts or to provide greater flexibility or enforceability. In particular, Condition No. 23 c) has been amended as follows to provide greater flexibility for quarry operations whilst ensuring impacts are managed appropriately:

23. c) The maximum number of daily truck movements to and from the Quarry Site shall not exceed 36 truck movements (18 loads) per day averaged over a 12 month period. The number of truck movements shall be recorded and reported to Council on a quarterly basis.

The above amendments are highlighted in Attachment 4.

ATTACHMENTS

1 Minutes of the Development & Environmental Services Committee - 14 November 2017

2 DA 121/2017 - Recommended Conditions of Consent




6 DA 57/2017 - Reasons for Refusal

ATTACHMENT NO: 1 - MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE - 14 NOVEMBER 2017

ITEM NO: SCR.11.3


MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE OF UPPER HUNTER SHIRE COUNCIL HELD ON TUESDAY 14 NOVEMBER 2017 AT 10.00am

PRESENT: Cr Wayne Bedggood (Chair), Cr Ron Campbell and Cr Lee Watts. APOLOGIES: Cr Sue Abbott and Cr Kiwa Fisher. IN ATTENDANCE: Mr Waid Crockett (General Manager), Mr Mathew Pringle (Director Environmental & Community Services), Miss Lisa Casey (Executive Support Officer), Beverley Atkinson, Cheryl Knox, Helen Jenkinson, Chris Hick, Judy Wheeler, John Bailey, Scott Norton, Tony Henry, David Casson, Michael Burke, Matt Somers, Kerry Nichols, Nick Havyatt and Merrilyn Rossington. DECLARATIONS OF INTEREST: Cr James Burns PUBLIC PARTICIPATION: DESC.11.3 DEVELOPMENT APPLICATION NO. 114/1996 – EXTEND LIFE OF QUARRY

FOR ANOTHER 25 YEARS

Judy Wheeler John Bailey David Casson

DESC.11.4 DA 30/2017 – STAGED SUBDIVISION OF 1 LOT INTO 40: STAGE 1 – 1 LOT

INTO 4

Matt Somers Kerry Nichols Nick Havyatt Scott Norton

DESC.11.5 DEVELOPMENT APPLICATION 57/2017 – DEMOLISION OF EXISTING

BUILDINGS AND CONSTRUCTION OF A SHED TO BE USED AS A BULKY GOODS PREMISES

David Casson Michael Burke Beverley Atkinson Cheryl Knox Helen Jenkinson Chris Hick Merrilyn Rossington


ITEM NO: SCR.11.3


AGENDA ITEMS DESC.11.1 DEVELOPMENT APPLICATION NO. 121/2017 – AWNING A summary of the development application was provided to the committee noting that the development is for the erection of an awning to the front façade of Aberdeen Pre-school. Mr Pringle displayed a map of the subject lot for the committee and noted the proposed location of the awning. The application had been placed on public exhibition and one submission in support of the application was received. It was explained that the application had been referred to the committee due to a non-compliance with the front setback. DESC.11.2 DEVELOPMENT APPLICATION NO. 114/2017 – FIVE SERVICED

APARTMENTS Mr Pringle provided an overview of the application which originally received development consent in January 2012. The consent has since lapsed as works on the site have not physically commenced. One submission had been received in respect of the current application which raised concerns about the height of the boundary fence. A condition of consent has been recommended to address this concern. Cr Campbell enquired about the suitability of the allocated parking and noted that the proposed units seemed quite small in size. Mr Pringle confirmed that the units comply with the size requirements stipulated within the DCP. The Committee discussed the options of alternative parking. It was agreed that the Committee would recommend that Council defer the application subject to submission of amended parking plans. DESC.11.3 DEVELOPMENT APPLCIATION NO. 114/1996 – EXTEND LIFE OF QUARRY

FOR ANOTHER 25 YEARS Upon receiving the application for the S96 Modification, Council placed the proposal on public exhibition and notified surrounding neighbours. Two submissions were received which highlighted the following concerns:

Soil/water management Rehabilitation Access from Bunnan Road

Mr Pringle noted that the modification had been referred to multiple agencies for comment. This included Roads & Maritime Services (RMS), Crown Lands and Environmental Protection Authority (EPA). As part of the development assessment it was identified that:

the Department of Lands requires the Crown Road over which the haulage road is constructed to be transferred to Council along with acquisition and transfer of an existing travelling stock reserve adjacent to Bunnan Road.

The road reserve needs to be realigned so that the haulage road is located wholly within a road reserve.

the intersection of the haulage road with Bunnan Road requires upgrading as per RMS’s recommendation.

David Casson commented on the proposed conditions highlighting that there were significant variations in the proposed condition list compared to those included in the original consent. He noted the importance of the quarry to the surrounding community, particularly given that the quarry supplies material to local businesses, contractors and Council.


ITEM NO: SCR.11.3


Judy Wheeler, an adjoining neighbour, spoke in regard to the proposed conditions and how the proposal would affect her property and quiet rural lifestyle. She noted strong opposition to the operation of the quarry on Saturdays and believed the quarry should not be approved for 25 years, instead operating for the 20 year timeframe as originally approved. Ms Wheeler also spoke in relation to the hours of operation and the need for weed control along the roadsides. When invited to speak as a public participant Mr John Bailey did not wish to discuss any particular issues or seek clarification, noting he had not read through the amended conditions. Mayor Bedggood offered a verbal summary of the amendments in addition to the hard copy of conditions that were previously provided. Cr Watts advised she was hesitant to agree to Saturday hours. Mr Hamish Henderson noted that operation on a Saturday would be very rare. The condition allows for minor works or haulage. DESC.11.4 DA 30/2017 – STAGED SUBDIVISION OF 1 LOT INTO 40: STAGE 1 – 1 LOT

INTO 4 Mr Pringle advised that the application was recommended for refusal at the last Committee meeting, however Council agreed to defer the application after discussions with the applicant. The key issues previously raised by the Committee were:

1. Stormwater detention 2. Effluent disposal 3. Access

Mr Kerry Nichols, the Applicant, advised that the application was consistent with the development application approved in 2014 and that the concerns of the committee have been considered and addressed. He reinforced the fact that the application is seeking approval for Stage 1 only with Stages 2 to 5 being subject to separate development applications. In relation to effluent disposal, Mr Nichols noted that the LEP requires suitable sewage disposal be in place and does not necessarily require the provision of a reticulated sewerage system. Geotechnical investigations had been undertaken which indicate that lots approximately 4000m2 in size would be suitable for OSMS without impacting adjoining land. Lots have been kept slightly under 4000m2 to prevent further subdivision. In relation to stormwater disposal, Mr Nichols advised that the construction of stormwater basins within drainage easements was an issue currently being tested in court. Depending on the outcome of the court case, the detention basins could potentially be moved on-site if required. Mr Scott Norton spoke in relation to his objection and advised that his concerns hadn’t been addressed. Other issues raised include:

Access Stormwater Sewage management

Mr Nick Havyatt also spoke in relation to his objection and the following issues:

Consistency with surrounding subdivision pattern Proposed intersection in Stage 4/5 Long term impact on residents


ITEM NO: SCR.11.3


Cr Campbell noted his concerns in relation to the proposed road and access and the suitability of the proposed drainage system including the detention basins. Mayor Bedggood emphasised that the committee should be focusing on Stage 1 – One (1) lot into 4 as this was the application before the committee. DESC. 11.5 DEVELOPMENT APPLICATION 57/2017 – DEMOLISION OF EXISTING

BUILDINGS AND CONSTRUCTION OF A SHED TO BE USED AS A BULKY GOODS PREMISES

Cr Burns left the room. Mr Pringle provided the Committee with an overview of the main issues relevant to the application and advised that the additional information submitted by the applicant did not fully address concerns raised previously. Mr Michael Burke, on behalf of the Applicant, advised that multiple amendments had been made to the proposal and additional information submitted to address Council’s concerns. Mr Burke spoke in relation to the following matters:

Parking – parking issues alleviated by adding six spaces to 77 Main Street, Scone. In doing so, additional spaces are to be created next door. Pedestrian traffic is also reduced with the area.

Height – to allow for palette racking within, given its use as rural supplies building. Thoroughbred Hotel and Fire Brigade have been supportive. Colour – Heritage cream Heritage – inclusion of door in development – recycle materials Bringing large trucks onsite rather than kerbside – safer for ELC and pedestrians. Main Street has had similar uses – industrial and commercial

Ms Merlyn Rossington spoke in relation to the following matters:

Heritage concerns – irreplaceable building. Landscaping plan, colour schemes, parking.

Safety concerns for childcare centre (no 40km speed zone) Stormwater management Removing accommodation

Ms Helen Jenkinson spoke in relation to the following:

Heritage - concerns over removing heritage items and part of Scone’s history. Ms Cheryl Knox spoke in relation to the following:

ELC and trucks Development over previous years – significant hardstand surface generates more

stormwater. Stormwater concerns for stormwater system in Main and Kelly Streets. Traffic has significantly increased in previous years.

Mr Chris Hick spoke in relation to the following:

Amenity and views – large scale of building Large trucks may find it difficult to manoeuvre. Suitability of development within locality. Vehicle obstructions already occur to footpath out the front of the existing MacCallum

Inglis building. Ms Beverley Atkinson spoke in relation to the following:

Traffic - moving traffic does not alleviate all traffic issues. Amenity and obstruction of views.


ITEM NO: SCR.11.3


Heritage information is missing – independent heritage study (Veronica Antcliff) information not in papers.

Council’s heritage advisor determined that the building should not be removed. Noted significant information should be sought. Grant funding could be sought by Council to have an independent heritage study undertaken.

Many community members want heritage items maintained. Cr Campbell raised concerns about the future of the heritage listed building if the development does not proceed. Cr Campbell recommended that the application be deferred until further information is provided by the applicant in relation to the future of the heritage listed building. Committee members were not supportive of this recommendation.


ITEM NO: SCR.11.3


DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE REPORTS

DESC.11.1 DEVELOPMENT APPLICATION NO.121/2017 - AWNING - 34 BEDFORD STREET ABERDEEN

RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental & Community Services

AUTHOR: Lachlan Melichar - Health & Building Surveyor

PURPOSE On 14 September 2017, Council received Development Application No. 121/2017 for the construction of an awning to the front facade of Aberdeen Preschool, at Lot 1, DP 1079718, 34 Bedford Street, Aberdeen. The application is being reported to the Development and Environmental Services Committee, as the awning is proposed to be constructed within the front setback and up to the front boundary of the property, and is generally inconsistent with the outcomes set by the Upper Hunter Development Control Plan 2015 for the R1 – General Residential Zone.

RECOMMENDATION That Council approve Development Application No. 121/2017 for the construction of an awning to the front facade of Aberdeen Preschool, at Lot 1, DP 1079718, 34 Bedford Street, Aberdeen.

BACKGROUND Application No: DA 121/2017 Applicant: Aberdeen Preschool Assoc Inc Owner: Trustees of Aberdeen Preschool Proposal: Awning Location: Lot 1, DP 1079718, 34 Bedford Street, Aberdeen Lodged: 14 September 2017 Zone: R1 – General Residential The preschool building was constructed under Building Approval 46/1976 and subject to a continuous land use. Subsequently, Building Approval 200/1992 was granted for further alterations and additions. The subject lot, being Lot 1 in DP 1079718, was created from the subdivision of previous Lot 2 in DP 214804, pursuant to Development Consent No. 91/2004. REPORT/PROPOSAL On 14 September 2017, Council received Development Application No. 121/2017 for the construction of an awning to the front facade of Aberdeen Preschool, at Lot 1, DP 1079718, 34 Bedford Street, Aberdeen. The roof will comprise a metal skillion, covering an existing congregation area where the drop off and pick-up of children occurs, providing protection from inclement weather and creating a comfortable waiting area.


ITEM NO: SCR.11.3


The existing setback from the side boundary will be retained at approximately 1m minimum, helping to minimise the impact to the adjacent property to the west, and the shallow roof pitch of 1.5° will act to minimise the peak height of the structure at approximately 3m high.

It is proposed to build the structure to the front boundary so as to cover the entire existing area. The road verge at the front of the property is wider than conventional at 6m, ensuring that the proposal will not impact upon sight distances of traffic.

Whilst the preschool itself has been constructed over two titles, the proposal will be contained wholly with the one title, being Lot 1 in DP 1079718.

Part 4 of the Upper Hunter Development Control Plan 2015 is applicable to the assessment of the proposal, consequent of the subject property being zoned R1 – General Residential.

However, the controls set out within this part namely apply to dwelling houses and development ancillary thereto, without any outcomes set for non-residential development.

As such, the assessment of the proposal requires a merit based approach, to ensure that the development can be considered in a manner appropriate to the established use, whilst maintaining the outcomes within the residential area generally.

Given the minor nature of the development, being an open roof structure over an established congregation area, it is considered that the development ultimately maintains the objectives of a residential locality.

Furthermore, the development was publicly notified without having received any objections, and receiving one submission from the adjacent property owner supporting the development. OPTIONS

1. That Council approve Development Application No. 121/2017 for the construction of an awning at Lot 1, DP 1079718, 34 Bedford Street, Aberdeen subject to the conditions of consent in Attachment 1;

2. That Council refuse Development Application No. 121/2017 for the construction of an awning at Lot 1, DP 1079718, 34 Bedford Street, Aberdeen and state the reasons for refusal;

3. That Council defer Development Application No. 121/2017 for the construction of an awning at Lot 1, DP 1079718, 34 Bedford Street, Aberdeen pending the receipt of further information.

CONSULTATION

The application was notified from 28 September to 13 October 2017. One submission was received in support of the application.

STRATEGIC LINKS

a. Community Strategic Plan 2027

This report links to the Community Strategic Plan 2027 as follows: Community Life Goal 2 - Promote wellbeing and a connected, healthy and happy Community.


ITEM NO: SCR.11.3


Value our heritage and cultural diversity, celebrating together and fostering creativity. Built and Natural Environment Goal 4 - Plan for a sustainable future

Implement and regularly review Strategic Land Use Plans, Environmental Planning Instruments and Development Controls, which reflect the needs and expectations of the broad Community.

Provide efficient and effective advisory, assessment and regulatory services focused on being Customer ‘friendly’, responsive and environmentally responsible.

Plan, facilitate and provide for a changing population for current and future generations.

Implement policies to ensure the protection of strategic agricultural lands, equine critical industry clusters, natural resources and heritage.

We are working to achieve the following Community Priorities:

The recommendation to Council has been made with the above goals and priorities in mind. b. Delivery Program

Assessment of the application is in accordance with the Town Planning Community Strategies: CS13 - Implement and regularly review Strategic Land Use Plans, Environmental Planning Instruments and Development Controls, which reflect the needs and expectations of the broad Community, and CS14 – Provide efficient and effective advisory, assessment and regulatory services focused on being Customer ‘friendly’, responsive and environmentally responsible. c. Other Plans

NIL IMPLICATIONS a. Policy and Procedural Implications

NIL b. Financial Implications

Development Application fees totaling $823.00 have been paid by the applicant. c. Legislative Implications

An assessment of the development application has been undertaken pursuant to Section 79C of the Environmental Planning and Assessment Act 1979 (see attached report). The proposed development is permissible with consent within the R1 – General Residential Zone.


ITEM NO: SCR.11.3


d. Risk Implications Council determinations of development applications in relation to local development can be appealed by a third party in the Land and Environment Court in circumstances where incorrect legal process has been applied. In the case of this development application the relevant considerations under the Environmental Planning and Assessment Act 1979 have been made. There is a low risk of any third party legal appeal in relation to this development application. e. Other Implications NIL CONCLUSION The application has been assessed as satisfactory against Section 79C of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Development Control Plan 2015. The proposal is unlikely to detract from the streetscape and locality, or result in any significant adverse impacts, and is considered an appropriate form of development for the site and within the land use zone. Accordingly, it is recommended that the application be approved subject to conditions of consent. RESOLVED that Council approve Development Application No. 121/2017 for the construction of an awning to the front facade of Aberdeen Preschool, at Lot 1, DP 1079718, 34 Bedford Street, Aberdeen.

Moved: L Watts Seconded: R Campbell CARRIED


ITEM NO: SCR.11.3


DESC.11.2 DEVELOPMENT APPLICATION NO. 114/2017 FIVE SERVICED APARTMENTS


AUTHOR: Paul Smith - Senior Environmental Planner

PURPOSE On 4 September 2017, Council received Development Application No. 114/2017 for the conversion of an existing dwelling and garage into five serviced apartments at Lot 5 DP 1073962, No. 4 Hill Street, Scone. One submission was received raising concerns about the proposed boundary fence height with regard to privacy.

RECOMMENDATION That Council approve Development Application No. 114/2017 for the conversion of an existing dwelling and garage into five serviced apartments at No. 4 Hill Street (Lot 5 DP 1073962) subject to the conditions of consent in Attachment 1.

BACKGROUND Applicant: J.N. Bingham Owner: J.N. Bingham Proposal: Conversion of an existing dwelling and garage into five serviced apartments Location: 4 Hill Street Scone (Lot 5 DP 1073962) Zoning: B4 Mixed Use On 17 January 2012, Council approved Development Application No. 251/2011 for the conversion of an existing dwelling and garage into five serviced apartments at Lot 5 DP 1073962, No. 4 Hill Street, Scone. However, the development consent lapsed as works relating to the development were not physically commenced on the land within the five year statutory period. REPORT/PROPOSAL The development site is a 1,010 m2 residential allotment with a 25 metre frontage to Hill Street. There is an existing dwelling and garage on the site. The development proposes to convert the existing dwelling into two serviced apartments (Units 4 and 5) and convert the garage into three serviced apartments (Units 1-3). Each unit will be single storey (approximately 5m in height) and will have 1-2 bedrooms (there will be 8 bedrooms in total). The exterior cladding will be weatherboard external walls and Colorbond roof. The development also proposes landscaping in the form of paving and gardens together with five off-street car parking spaces to the front of Units 4 and 5. Plans of the development are provided in Attachment 2. The site is very constrained in relation to internal vehicle movement, parking and egress. It proposes five diagonal car parking spaces and then a 3.6m wide turning bay. However the turning-bay is not located in a convenient place and it is unlikely that guests will make use of it. The Upper Hunter Development Control Plan 2015 - Part 12a - Access and Parking requires the provision of adequate on site maneuvering and circulation areas to ensure that all vehicles can enter and leave the site in a forward direction. In this regard, the operation of the development in practice is unlikely to comply with this requirement.


ITEM NO: SCR.11.3


The applicant has also commented that the turning bay is unlikely to be used and guests will simply reverse their vehicles out of the site. Given that the site is located near the end of a cul-de-sac which is unlikely to experience high volumes of vehicular or pedestrian traffic, it is considered appropriate to allow reverse egress in this particular circumstance. OPTIONS

1. That Council approve Development Application No. 114/2017 for the conversion of an existing dwelling and garage into five serviced apartments at No. 4 Hill Street (Lot 5 DP 1073962) subject to the conditions of consent in Attachment 1.

2. That Council refuse Development Application No. 114/2017 for the conversion of an existing dwelling and garage into five serviced apartments at No. 4 Hill Street (Lot 5 DP 1073962) stating reasons for refusal.

3. That Council defer Development Application No. 114/2017 for the conversion of an existing dwelling and garage into five serviced apartments at No. 4 Hill Street (Lot 5 DP 1073962) pending the receipt of additional information.

CONSULTATION Surrounding properties were notified of the development proposal between 14 September 2017 and 28 September 2017. An advertisement was placed in the Scone Advocate on 14 September 2017. One submission was received objecting to the proposed 1,500mm fence between the site and backyards of 26 and 28 Mount Street (the comments made in the submission are included in Attachment 3). STRATEGIC LINKS a. Community Strategic Plan 2027

This report links to the Community Strategic Plan 2027 as follows:

Built and Natural Environment Goal 4 to plan for a sustainable future by providing an efficient and effective advisory,

assessment and regulatory services focused on being Customer ‘friendly’, responsive and environmentally responsible.

Economy and Infrastructure Goal 5 to achieve a sustainable and prosperous economy by facilitating and supporting

increased and innovative tourism and marketing opportunities


b. Delivery Program

Assessment of the application is in accordance with the Town Planning Community Strategies: CS13 - Implement and regularly review Strategic Land Use Plans, Environmental Planning Instruments and Development Controls, which reflect the needs and expectations of the broad Community, and


ITEM NO: SCR.11.3


CS14 – Provide efficient and effective advisory, assessment and regulatory services focused on being Customer ‘friendly’, responsive and environmentally responsible.

c. Other Plans

Nil IMPLICATIONS

a. Policy and Procedural Implications

Nil

b. Financial Implications

Development application and associated fees of $1,028 have been paid.

c. Legislative Implications

An assessment of the development application has been undertaken in the planning assessment report pursuant to Section 79C of the Environmental Planning and Assessment Act 1979 (Attachment 3).

d. Risk Implications

Council determinations of development applications in relation to local development can be appealed by a third party in the Land and Environment Court in circumstances where incorrect legal process has been applied. In the case of this development application the relevant considerations under the Environmental Planning and Assessment Act 1979 have been made. There is a minimal risk of any third party legal appeal in relation to this development application. Furthermore, there is a low risk that the applicant may appeal Council’s determination with respect to the recommended conditions of consent.

e. Other Implications

Nil CONCLUSION

The application has been assessed as satisfactory against Section 79C of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Shire Development Control Plan 2015.

The proposal is in keeping with the site context, is an appropriate form of development for the site and is unlikely to result in any significant adverse impacts. Accordingly, it is recommended that the application be approved subject to appropriate conditions of consent. RESOLVED that Council defer Development Application No. 114/2017 for the conversion of an existing dwelling and garage into five serviced apartments at No. 4 Hill Street (Lot 5 DP 1073962) pending the submission of a revised car parking plan.

Moved: R Campbell Seconded: L Watts CARRIED


ITEM NO: SCR.11.3


DESC.11.3 DEVELOPMENT APPLICATION NO. 114/1996 EXTEND LIFE OF QUARRY FOR ANOTHER 25 YEARS


AUTHOR: Paul Smith - Senior Environmental Planner

PURPOSE On 8 February 2017 Council received an application to modify Development Consent No. 114/1996 to extend the life of the quarry at Lot 126, Lot 127 and Lot 129 DP 750941, Middlebrook Road Scone for another 25 years of operation. The modification application is being referred to Council as two submissions were received raising issues in relation to access, dust, noise and rehabilitation.

RECOMMENDATION That Council modify Development Consent No. 114/1996 to extend the life of the quarry at Lot 126, Lot 127 and Lot 129 DP 750941, Middlebrook Road Scone for another 25 years, subject to the conditions of consent in Attachment 1.

BACKGROUND Applicant: Casson Planning and Development Services Owner: A G Henderson Location: Lot 126, Lot 127 and Lot 129 DP 750941, Middlebrook Road Scone Description: Modify Condition 4 – Extend Life of Quarry for another 25 Years Zone: RU1 Primary Production Development Application No. 114/1996 for a gravel quarry at Lot 126, Lot 127 and Lot 129 DP 750941, Middlebrook Road Scone was approved by Council on 24 March 1997. Condition No 4 of the Development Consent restricted the operational lifespan of the quarry for a period of 20 years. In accordance with this condition the development consent was due to expire on the 24 March 2017, however a four (4) month extension was approved, under delegated authority, to the 24 July 2017. A further six (6) months was subsequently approved under delegated authority to the 24 January 2018. The purpose of these extensions has been to allow the consent and quarry operation to continue while the current Section 96(2) application was being assessed and determined. The Department of Industries – Lands raised issues about the use of the Crown Road and the Travelling Stock Route, as a haulage road for the quarry. At the May 2017 Council Meeting, Council resolved to: Subject to the modification of Development Consent No 114/1997:

1. Provide in-principle agreement to the transfer of the Crown Road currently utilised or in close proximity to the access road to Lot 127 DP 750941 to Council as an unmaintained public road,

2. Provide in-principle agreement to the acquisition of the access road over the Travelling Stock Route (TSR 44538) on Lot 7001 DP 1115957 and TSR 16A on Lot 7002 DP 1115957 at no cost to Council as an unmaintained public road.

In this regard a condition of consent has been recommended that the haulage road that utilises the Crown Road and the Travelling Stock Route be upgraded to a Council Rural Road standard and dedicated to Council as an unmaintained public road.


ITEM NO: SCR.11.3


REPORT/PROPOSAL The development site comprises three existing lots with a combined area of approximately. 377ha (refer to Attachment 2 site plan). The application seeks the modification of Development Consent No. 114/1996 for a ‘Gravel Quarry Expansion’ on 127 DP 750941 to extend the development consent for another 25 years. This involves the extraction of up to 150,000 tonnes of gravel per annum, crushing and haulage. The current extraction area is approximately 11.2ha while the 25 year extension would allow an additional 7.2 ha to be disturbed for extraction purposes (ie a total of 18.4ha) within the Stage 7 area as approved by the original development consent. The assessment of the development and submissions identified a range of issues including: quarry access via the haulage road, intersection of the haulage road-Bunnan Road, erosion and sediment control, dust, noise, impact on threatened species and endangered ecological communities and rehabilitation. These issues are discussed in the planning assessment report (Attachment 4). Since the original development consent was granted in 1997 there have been many changes in development standards, best practice, conditions of consent and monitoring and reporting requirements for extractive industries. As a result the conditions of consent have been substantially modified to reflect such changes. OPTIONS

1. That Council approve the modification to extend the life of the quarry on Lot 126, Lot 127 and Lot 129 DP 750941, Middlebrook Road Scone for another 25 years, subject to the conditions of consent in Attachment 1.

2. That Council defer the modification to extend the life of the quarry on Lot 126, Lot 127 and Lot 129 DP 750941, Middlebrook Road Scone for another 25 years, pending the submission of further information.

3. That Council refuse the modification to extend the life of the quarry on Lot 126, Lot 127 and Lot 129 DP 750941, Middlebrook Road Scone for another 25 years, stating the reasons for refusal.

CONSULTATION The modification was placed on public exhibition from 5 July 2017 and 20 July 2017 and a notice was published in the Scone Advocate on 5 July 2017. Submitters to the previous development application, and adjoining owners were also notified. Two (2) submissions were received by Council raising the issues as summarised in Attachment 3 and provided in Attachment 4. The development application was referred to the NSW Environment Protection Authority (as Integrated Development), on 24 February 2017. The EPA responded on 13 October 2017 advising that the project is deemed to be Integrated Development and requires concurrence from the EPA. The EPA issued its General Terms of Approval on 24 October 2017, which have been included in the conditions of consent. The EPA also provided recommendations to Council in relation to the quality of the information submitted, particularly in relation to the noise assessment and dust impact assessment (issue are discussed in Attachment 3). The modification application was referred to the NSW Roads and Maritime Services (RMS), together with a traffic impact assessment on 18 July 2017. The RMS responded on 12 October 2017 raising no objection to the proposed development provided conditions of consent are included to upgrade the haulage road-Bunnan Road intersection to BHR treatment.


ITEM NO: SCR.11.3


The modification application was referred to the Department of Primary Industries – Water on 24 February 2017. The Modification Application was re-referred to the DPI-Water on 11 October 2017 as requested. As of the 7 November 2017 no response had been provided. STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: Goal 3 Protect the Natural Environment:

Encourage and support active community participation within our community to care for our environment and provide for a sustainable future.

Ensure that all actions, decisions and policy response to natural hazards and climate change remain current and reflect capacity, community expectations and changes in environmental and climate change information.

Goal 4 Plan for a sustainable future:

Provide efficient and effective advisory, assessment and regulatory services focused on being Customer ‘friendly’, responsive and environmentally responsible

Implement policies to ensure the protection of strategic agricultural lands, equine critical industry clusters, natural resources and heritage


b. Delivery Program Assessment of the application is in accordance with the Town Planning Community Strategies: CS14 - Provide efficient and effective advisory, assessment and regulatory services focused on being Customer ‘friendly’, responsive and environmentally responsible. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications

Nil


Application fees of $290 have been paid.


An assessment of the development application has been undertaken in the planning assessment report pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979 (Attachment 3).


ITEM NO: SCR.11.3



Council determinations of development applications in relation to local development can be appealed by a third party in the Land and Environment Court in circumstances where incorrect legal process has been applied. In the case of this development application the relevant considerations under the Environmental Planning and Assessment Act 1979 have been made. There is a minimal risk of any third party legal appeal in relation to this development application. Furthermore, there is a low risk that the applicant may appeal Council’s determination with respect to the recommended conditions of consent.


Provided the quarry can operate in accordance with conditions of consent and best practice, it will continue to be a locally important source of gravel products which are used for a range of construction purposes, including road building. As such extending the life of the quarry for an additional 25 years is considered to be in the public interest. The closure of this quarry at this stage is likely to increase the cost of quarry products in the local area due to a reduction in supply and could create a need for the establishment of a new quarry in the area which may have greater environmental impacts. The loss of this quarry would also have negative impacts in terms of employment, local business and Council operations. CONCLUSION

The application has been assessed as satisfactory against Section 96(2) of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Shire Development Control Plan 2015.

The modified proposal is in keeping with the site context, is an appropriate form of development for the site and is unlikely to result in any unacceptable adverse impacts.

Accordingly, it is recommended that the application be approved subject to appropriate conditions of consent.

RESOLVED that Council modify Development Consent No. 114/1996 to extend the life of the quarry at Lot 126, Lot 127 and Lot 129 DP 750941, Middlebrook Road Scone for another 25 years, subject to the conditions of consent in Attachment 1 including an amendment to Condition No. 22 regarding the hours of operations.

Moved: W Bedggood Seconded: L Watts CARRIED


ITEM NO: SCR.11.3


DESC.11.4 DEVELOPMENT APPLICATION NO. 30/2017 STAGED SUBDIVISION OF 1 LOT INTO 40 LOTS: STAGE 1 - 1 LOT INTO 4 LOTS



PURPOSE

On 20 March 2017, Council received Development Application No. 30/2017 for the staged subdivision of one (1) lot into 40 lots including Stage 1 – one (1) lot into four (4) lots, at Lot 621 DP 1200390 Moobi Road, Scone. The application is being reported to the Development and Environmental Services Committee to allow the applicant to address the Committee and respond to concerns raised at the previous meeting.

RECOMMENDATION

That Council approve Development Application No. 30/2017 for the staged subdivision of one (1) lot into 40 lots (Stage 1 – 1 lot into 4 lots) at Lot 621 DP 1200390 Moobi Road, Scone subject to the conditions of consent in Attachment 1.

BACKGROUND

Applicant: HDB Town Planning and Design Owner: Noogee Developments Pty Ltd Location: Lot 621 DP 1200390 Moobi Road Scone Description: Staged subdivision of 1 lot into 40 lots: Stage 1 – 1 lot into 4 lots Zone: R5 Large Lot Residential Zone

The land has been subject to a number of previous development applications. Notably Development Application No. 45/2014 for the subdivision of land into 13 rural residential lots with frontage to Moobi Road was approved by Council on 24 August 2014. To date the applicant/landowner has not acted on this consent.

The current application was considered by the Development and Environmental Services Committee at its meeting held on 10 October 2017. The Committee resolved to recommend refusal of the application for the following reasons:

1. Pursuant to the provisions of Section 79C(1)(a)(i) and (iii) of the Environmental Planning and Assessment Act 1979, the application does not demonstrate that stormwater generated in Stages 2, 3, 4 and 5 can be managed appropriately given the lack of certainty with regards to the construction of a stormwater detention basin on the adjoining Lot 622 DP 1200390.

2. Pursuant to the provisions of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with Part 3 of the Upper Hunter Development Control Plan 2015 as the proposed lots within Stages 2, 3, 4 and 5 will not be connected to the reticulated sewerage system.

3. Pursuant to the provisions of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the conceptual plan does not demonstrate suitable access to the proposed lots within Stages 2, 3, 4 and 5 as required under Clause 6.10(e) of the Upper Hunter Local Environmental Plan 2013.

The applicant subsequently requested that Council defer its determination of Development Application No. 30/2017 to give it the opportunity to address the Committee and respond to the Committee’s concerns. Council, at its meeting held on 30 October 2017, resolved to defer the application in accordance with the applicant’s request.


ITEM NO: SCR.11.3


On 7 November 2017, Council received further information from the applicant in response to the issues raised by the Development and Environmental Services Committee. A copy of the additional information is provided in Attachment 5. REPORT/PROPOSAL The development site comprises a 16ha lot with a 607m frontage to Moobi Road. Section 83 of the Environmental Planning and Assessment Act 1979 allows for the submission of ‘Concept Development Applications’ that set out concept proposals for the development of a site, and for which detailed proposals for the site or for separate parts of the site are to be the subject of subsequent development application(s). This development application has been staged so that Stage 1 proposes a four lot subdivision (creating lots with areas of approximately 4 ha), the establishment of 40 dedicated building envelopes (with areas of 600m2), the establishment of easements to facilitate future subdivision into smaller lots and the provision of infrastructure and utility services to each of the larger lots (refer to plans in Attachment 2). The development application is supported by a concept plan for Stages 2, 3, 4 and 5 which involve the future subdivision of proposed Lots 101, 102, 103 and 104 into 40 rural residential lots. The development of these stages will be the subject of future development applications. In this regard, a condition of consent is recommended to clarify that development consent is granted for Stage 1 only. Stages 2, 3, 4 and 5 of the development shall be the subject of separate development applications in accordance with Section 83B of the Environmental Planning and Assessment Act 1979. Notwithstanding the above, Council must be satisfied that Stages 2, 3, 4 and 5 can proceed. The development application proposes that stormwater detention basins be constructed on the adjoining Lot 622 in DP 1200390. Any approval of Stage 1 therefore has to secure appropriate stormwater detention easement(s) to ensure the future stages can proceed. However at this time the applicant has not obtained the required consent of the owner of Lot 622 to create such an easement. In this regard it is recommended that commencement of the consent be deferred pending the submission of evidence to Council that an Easement for the Detention of stormwater and Restriction on the Use of Land has been registered on the title of Lot 622 in DP 1200390. OPTIONS 1. That Council approve Development Application No. 30/2017 for the staged subdivision

of 1 lot into 40 lots (Stage 1 – 1 lot into 4 lots) at Lot 621 DP 1200390 Moobi Road, Scone subject to the conditions of consent in Attachment 1.

2. That Council refuse Development Application No. 30/2017 for the staged subdivision of 1 lot into 40 lots (Stage 1 – 1 lot into 4 lots) at Lot 621 DP 1200390 Moobi Road Scone, stating the reasons for refusal.

3. That Council defer the determination of Development Application No. 30/2017 for the staged subdivision of 1 lot into 40 lots (Stage 1 – 1 lot into 4 lots) at Lot 621 DP 1200390 Moobi Road, Scone pending the submission of further information.

CONSULTATION Surrounding properties were notified of the development proposal between 30 March 2017 and 13 April 2017. An advertisement was placed in the Scone Advocate on 30 March 2017. Following the receipt of amended plans, the application was re-exhibited between 16 August 2017 and 30 August 2017. Three submissions were received predominantly raising objection to Stages 2, 3, 4 and 5 in relation to matters such as traffic generation, access, stormwater management, sewerage management, and privacy (Refer to Attachment 2 and 4).


ITEM NO: SCR.11.3


The development application was referred internally to Council’s Infrastructure Services Department for consideration of Stage 1. No objections were raised subject to standard conditions of consent. The development application was referred to the NSW Rural Fire Service (RFS) on 24 March 2017. The RFS responded on 12 May 2017 with its general terms of approval, requiring the development to be carried out in accordance with the Subdivision Master Plan. Subsequently, as a result of the applicant amending the subdivision layout, revised general terms of approval were issued by the RFS on 1 November 2017. STRATEGIC LINKS



Goal 3 Protect the natural and built environment: Ensure that all actions, decisions and policy response to natural hazards and climate

change remain current and reflect capacity, community expectations and changes in environmental and climate change information.

Goal 4 Plan for a sustainable future Implement and regularly review Strategic Land Use Plans, Environmental Planning

Instruments and Development Controls, which reflect the needs and expectations of the broad community.


b. Delivery Program

Assessment of the application is in accordance with the Town Planning Community Strategy to implement and regularly review Strategic Land Use Plans, Environmental Planning Instruments and Development Controls, which reflect the needs and expectations of the broad Community.

c. Other Plans

Nil IMPLICATIONS


Nil


Development application and associated fees of $756 have been paid.


An assessment of the development application has been undertaken in the planning assessment report pursuant to Section 79C of the Environmental Planning and Assessment Act 1979 (Attachment 2).


ITEM NO: SCR.11.3



Council determinations of development applications in relation to local development can be appealed by a third party in the Land and Environment Court in circumstances where incorrect legal process has been applied. In the case of this development application the relevant considerations under the Environmental Planning and Assessment Act 1979 have been made. There is a minimal risk of any third party legal appeal in relation to this development application. There is a low risk that the applicant may appeal Council’s determination with respect to the recommended conditions of consent. e. Other Implications Nil CONCLUSION

The application has been assessed as satisfactory against Section 79C of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Shire Development Control Plan 2015.

The proposal is in keeping with the site context, is an appropriate form of development for the site and is unlikely to result in any significant adverse impacts.

Accordingly, it is recommended that the application be approved subject to appropriate conditions of consent.

RECOMMENDED that Council approve Development Application No. 30/2017 for the staged subdivision of one (1) lot into 40 lots (Stage 1 – 1 lot into 4 lots) at Lot 621 DP 1200390 Moobi Road, Scone subject to the conditions of consent in Attachment 1. Moved: L Watts Seconded: W Bedggood CARRIED The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Bedggood Councillor Campbell Councillor Watts Total (2) Total (1)


ITEM NO: SCR.11.3


DESC.11.5 DEVELOPMENT APPLICATION NO. 57/2017 - DEMOLITION OF EXISTING BUILDINGS AND CONSTRUCTION OF A SHED TO BE USED AS A BULKY GOODS PREMISES



PURPOSE On 26 April 2017, Council received Development Application No. 57/2017 for the demolition of existing buildings and construction of a shed to be used as a bulky goods premises at Lot 1 DP1100096, No. 77 Main Street, Scone. The application is being reported to the Development and Environmental Services Committee as 13 submissions have been received objecting to the proposed development for reasons including the demolition of a heritage item, loss of amenity, stormwater and traffic management.

RECOMMENDATION That Council refuse Development Application No. 57/2017 for the demolition of existing buildings and construction of a shed to be used as a bulky goods premises at Lot 1 DP1100096, No. 77 Main Street, Scone for the reasons given in Attachment 1.

BACKGROUND Applicant: MacCallum Inglis Pty Ltd Owner: MacCallum Inglis Pty Ltd Property: Lot 1 DP1100096, No. 77 Main Street Scone Proposal: Demolition of existing buildings and construction of a shed to be used as a bulky

goods premises Zone: B2 Local Centre Development Application No. 57/2017 for the demolition of existing buildings and construction of a shed to be used as a bulky goods premises at Lot 1 DP1100096, No. 77 Main Street Scone was lodged on 26 April 2017. The application has been assessed by an independent planning consultant, Peter Fryar of Key Urban Planning, due to internal staff absences and the heritage issues associated with the proposed development. The application was considered by the Development and Environmental Services Committee at its meeting held on 8 August 2017 and was subsequently referred to the Council meeting held on 28 August 2017. Council resolved to defer the application pending the submission of the following information:

Landscape Plan in accordance with the requirements of the Upper Hunter DCP 2015.

Detailed Traffic Management Plan prepared by a suitably qualified traffic engineer/consultant.

Waste Management Plan in accordance with the requirements of the Upper Hunter DCP 2015.

Revised building design which addresses the provisions of the Upper Hunter DCP 2015 and the matters raised by Council’s Heritage Advisor.


ITEM NO: SCR.11.3


Details demonstrating that the proposed use is permissible with consent within the B2 Local Centre zone under the Upper Hunter Local Environmental Plan 2013.

On 5 October 2017, the applicant submitted further information in accordance with Council’s resolution. A copy of the additional information is provided in Attachment 6. An assessment of the additional information is provided in Attachment 4 and in the ‘Report/Proposal’ section of this report. REPORT/PROPOSAL The development site comprises two lots with a combined area of 1289m2 and a 34m frontage to Main Street. There are two existing residential buildings and outbuildings on the land. One of the buildings is identified as a Local Heritage Item (item 144) under schedule 5 of the Upper Hunter Local Environmental Plan 2013. The development application proposes the demolition of the existing buildings, removal of a number of existing trees and the erection of a 24m x 14m x 5.8m high Colorbond storage shed (refer to Attachments 2 and 3). Landscape Plan A landscape plan has been submitted showing a proposed garden bed along the eastern elevation of the building fronting Main Street. The garden incorporates shrub species having a maximum mature height of 1.2 metres. Whilst the proposed landscaping will provide some minor screening of the lower part of the building, it does very little to soften the visual impact of the building and hard stand areas and does not reflect the size and height of the building. In this regard, it is considered that the proposed landscaping does not meet the outcomes to be achieved for commercial development as prescribed by the Upper Hunter DCP 2015. Traffic Management Plan Council’s Manager Strategic Assets has reviewed the traffic and parking advice provided by the applicant’s consultant and advised that the information provided does not constitute a detailed traffic management plan (as requested by Council) and does not adequately address the concerns raised in the original planning assessment report in relation to traffic impacts and safety. In this regard, the proposal has not addressed the following traffic and parking issues identified in the original report:

1. The loss of on-street parking along the entire frontage of the site is unacceptable. 2. The points of ingress/egress to the site are poorly defined and are likely to pose a safety

hazard and result in traffic conflict. 3. All vehicles are required to enter and exit the site perpendicular to the road. In this regard,

the driveway does not comply with the intent of Part 12a.7 (C) Access to the site and driveways of the Upper Hunter DCP as it will not be possible for large vehicles to cross the footpath at right angles to the centreline of the road without causing traffic conflict and hazard on Main Street.

4. Truck movements, loading and unloading activities are likely to result in conflict with

pedestrian traffic on the footpath as occurs with the adjoining MacCallum Inglis development. Pedestrian traffic is relatively high in this location due to the site’s proximity to the commercial centre of Scone, the Council Administration Centre and the Scone Early Learning Centre.

5. Truck movements on site (reversing) would be unsafe and would conflict with off-street

customer parking. The proposed loading/unloading arrangements are unacceptable. 6. A designated waste collection point has not been provided.


ITEM NO: SCR.11.3


As the proposal is unlikely to be able to address all of these matters, it is further evidence that the site is not suitable for the development proposed. Specifically, the site does not have the available land area or dimensions to safely accommodate articulated vehicles. Furthermore, the width of Main Street limits the turning space available for trucks while the site’s location within the town centre and the level of pedestrian activity creates an additional safety hazard. Waste Management Plan The waste management plan submitted by the applicant provides details regarding the types and volumes of construction and demolition waste to be generated by the development including the methods of disposal. The waste management plan does not address waste generated during the operational phase of the development and how this will be managed, collected and transported. Revised Building Design The revised building design incorporates the following changes to the proposed development:

Overall building height has been reduced by 308mm. The proposed colour pallet has been matched to Council’s heritage colour pallet. Two additional car parking spaces have been provided to the front of the building.

Whilst these changes are considered to be superficial improvements, they do not address the underlying design and heritage issues of the proposal as detailed in the original planning assessment report. In this regard, the proposed building design does not make a positive contribution to the streetscape by the provision of an active street frontage within the B2 Local Centre zone. Visually, the building presents a large and bland unbroken wall plane to the street with no articulation or openings and no contrasting surface treatments or materials. The building design in association with the existing MacCallum Inglis buildings to the north will result in an industrial style of development form not consistent with the desired commercial character envisaged under Council’s Development Control Plan. In addition, the building design is unsympathetic to the character of the Scone heritage conservation area and the heritage significance of adjoining and nearby heritage items. Council’s Heritage Advisor has assessed the revised plans and advised that the reduced building height does not address the visual impacts of the building on the Manse associated with the Uniting Church at 76 Main Street, opposite the site. In addition, the Heritage Advisor notes the following: ‘the proposed scale, colour scheme and bulk of the proposal is assessed as having a detrimental impact on the conservation area and heritage items in the vicinity. Cream is highly reflective and increases the perceived bulk of this building. The shed should be clad in a dark grey such as Windspray. More variation in materials and massing is required as this is a large shed without any visual relief or articulation.

If demolition is approved then the landscape design will need to provide better screening from Main Street and contribute to the tree canopy within the conservation area. The proposed landscape does not provide adequate screening for the building. Mature trees are proposed to be removed. The landscape needs to provide some variation in planting that replaces the tree canopy proposed to be removed. The removal of a part of the tree canopy has an incremental impact on the Conservation Area. Lower planting needs to be supplemented with trees that are above the height of the ridge line’.


ITEM NO: SCR.11.3


Permissibility In the original planning assessment report, concerns were raised in relation to the permissibility of the proposed use of the site for the purpose of a bulk storage and loading facility which is consistent with the definition of ‘warehouse or distribution centre’ under the Upper Hunter LEP 2013. A ‘warehouse or distribution centre’ is prohibited in the B2 Local Centre zone. In response, the applicant has provided clarification that the proposed building will in fact be used for the storage and sale of bulky goods which is consistent with the definition of ‘bulky goods premises’ under the Upper Hunter LEP 2013. Bulky goods premises are a type of retail premises which in turn are a type of commercial premises as defined by the LEP. Commercial premises are permissible with consent within the B2 Local Centre zone. Notwithstanding the applicant’s submission, it is considered that the proposed use may be more appropriately defined as ‘rural supplies’ which is also a permissible use within the B2 Local Centre zone. The Statement of Environmental Effects accompanying the application indicates that the proposed building will be used in conjunction with, and will be reliant upon, the existing MacCallum Inglis operations on the adjoining land to the north. This is reinforced by the fact that the proposed building does not contain any amenities for staff. In this regard, it is apparent that the shed will simply be used for storage and will be ancillary to the use of the adjoining land. As such, in order to ensure that the ongoing use of the land is permissible, should the application be approved, a condition of consent would be recommended requiring the subject property to be consolidated with the adjoining MacCallum Inglis lot to the north. Summary The additional information provided by the applicant does not address the underlying planning issues associated with the proposed development. As outlined in the original planning assessment report, the proposal has numerous non-compliances with the Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Development Control Plan 2015 both of which have been adopted by Council to guide and control development in the Upper Hunter Shire to deliver outcomes desired by the community. Given the extent of non-compliances, approval of the application would weaken the intent and importance of the Development Control Plan and potentially set an undesirable precedent for other developments in the local area. Approving developments that do not comply with Council’s planning controls also has the potential to undermine confidence and certainty in the decision making process. Whilst the demolition of a local heritage item is undesirable, it could be supported if there was adequate justification. For example, if the building was structurally unsound and posing a major safety hazard or if the building was to be replaced with an appropriately designed building in keeping with the character of the area. In this case, there is not sufficient justification to allow demolition of a heritage listed building. As such, the proposed development should not be supported. OPTIONS

1. That Council refuse Development Application No. 57/2017 for the demolition of existing buildings and construction of a storage shed at Lot 1 DP1100096, No. 77 Main Street Scone for the reasons given in Attachment 1.

2. That Council approve Development Application No. 57/2017 for the demolition of existing buildings and construction of a storage shed at Lot 1 DP1100096, No. 77 Main Street, Scone subject to conditions of consent.

3. The Council defer the determination of Development Application No. 57/2017 for the demolition of existing buildings and construction of a storage shed at Lot 1 DP1100096, No. 77 Main Street, Scone pending the submission of further information.


ITEM NO: SCR.11.3


CONSULTATION The development application was placed on public exhibition from 4 May 2017 to 18 May 2017. Thirteen (13) submissions were received raising issues including: elimination of low cost housing, removal of trees, removal of a heritage item, traffic and parking in Main Street, stormwater runoff and inappropriate land use in the town centre (the submissions are summarised in Attachment 4 and provided in full in Attachment 5). Internal consultation was also undertaken with the Council’s Heritage Advisor and Strategic Assets Manager (refer to Attachment 4). STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: Goal 3 Protect the natural and built environment

Ensure that all actions, decisions and policy response to natural hazards and climate change remain current and reflect capacity, community expectations and changes in environmental and climate change information.

Goal 4 Plan for a sustainable future

Implement and regularly review Strategic Land Use Plans, Environmental Planning Instruments and Development Controls, which reflect the needs and expectations of the broad Community

Plan, facilitate and provide for a changing population for current and future generations.

Implement policies to ensure the protection of strategic agricultural lands, equine critical industry clusters, natural resources and heritage.


b. Delivery Program Assessment of the application is in accordance with the Town Planning Community Strategies: CS13 - Implement and regularly review Strategic Land Use Plans, Environmental Planning Instruments and Development Controls, which reflect the needs and expectations of the broad Community, and CS14 – Provide efficient and effective advisory, assessment and regulatory services focused on being Customer ‘friendly’, responsive and environmentally responsible. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications Nil


ITEM NO: SCR.11.3


b. Financial Implications Development application and associated fees of $3,259.80 have been paid. c. Legislative Implications An assessment of the development application has been undertaken pursuant to Section 79C of the Environmental Planning and Assessment Act 1979 (see Attachment 4). d. Risk Implications Council determinations of development applications in relation to local development can be appealed by a third party in the Land and Environment Court in circumstances where incorrect legal process has been applied. In the case of this development application the relevant considerations under the Environmental Planning and Assessment Act 1979 have been made. There is a low risk of any third party legal appeal in relation to this development application. Should the application be refused, there is a risk that the applicant will appeal Council’s decision in the NSW Land and Environment Court. e. Other Implications Nil CONCLUSION The application has been assessed as unsatisfactory against Section 79C of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Shire Development Control Plan 2015. The proposal is inconsistent with the site context, is an inappropriate form of development for the site and is likely to result in significant adverse impacts. Accordingly, it is recommended that the application be refused.

RESOLVED that Council refuse Development Application No. 57/2017 for the demolition of existing buildings and construction of a shed to be used as a bulky goods premises at Lot 1 DP1100096, No. 77 Main Street, Scone for the reasons given in Attachment 1.

Moved: L Watts Seconded: W Bedggood CARRIED

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINSTCouncillor Bedggood Councillor Campbell Councillor Watts Total (2) Total (1)

Meeting closed 1.15pm

ATTACHMENT NO: 2 - DA 121/2017 - RECOMMENDED CONDITIONS OF CONSENT ITEM NO: SCR.11.3


Identification of approved plans:

1. The development being carried out in accordance with the development application and the drawings referenced below and Statement of Environmental Effects dated 14 September 2017, except where amended by the following conditions. JOB REFERENCE NO SHEET

NO REVISION

NO DRAWN BY DATE

Site plan and Elevations – – Unknown 14/09/2017

(Reason: To ensure that the form of the development undertaken is in accordance with the determination of Council)

2. A copy of all stamped approved plans, specifications and documents (including the

Construction Certificate if required for the work incorporating certification of conditions of approval) must be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Certifying Authority. (Reason: To ensure that the form of the development undertaken is in accordance with

the determination of Council)

Operational conditions imposed under the environmental planning and assessment act and regulations and other relevant legislation:

3. All building work must be carried out in accordance with the provisions of the National

Construction Code Series. (Reason: Prescribed by legislation)

4. Home Building Act Requirements (1) Building work that involves residential building work (within the meaning and

exemptions provided in the Home Building Act) must not be carried out unless the Principal Certifying Authority for the development to which the work relates:

(a) in the case of work to be done by a licensee under that Act:

i. has been informed in writing of the licensee’s name and contractor licence number, and

ii. is satisfied that the licensee has complied with the requirements of the Home Building Act, or

(b) in the case of work to be done by any other person:

i. has been informed in writing of the person’s name and owner‐builder permit number, or

ii. has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner‐builder work in section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

Note: The amount referred to in paragraph (b)(ii) is prescribed by

regulations under the Home Building Act 1989. As at the date on which this Regulation was Gazetted, that amount was $10,000. As those regulations are amended from time to time, that amount may vary.



(2) A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.

(3) If arrangements for doing residential building work are changed while the work is in

progress so that the information submitted to Council is out of date, further work must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council), has given the Council written notice of the updated information.

(Reason: Prescribed by legislation)

Conditions that must be addressed prior to commencement:

5. Where construction or excavation activity requires the disturbance of the soil surface and

existing vegetation, adequate measures for erosion and sediment control shall be provided. As a minimum, control techniques are to be in accordance with The Blue Book published by Landcom provisions on Erosion and Sediment Control, or a suitable and effective alternative method. All required erosion and sedimentation techniques are to be properly installed prior to the commencement of any site works and maintained in a functional and effective condition throughout the construction activities until the site is stabilised. The installation is to be approved by the Principal Certifying Authority prior to further commencement of site works. (Reason: To protect the environment from the effects of sedimentation and erosion

from development sites)

6. No works shall commence on site until such time as a Construction Certificate has been issued for either part or all of the works. If a certificate is issued for part of the works it must cover the works being undertaken onsite. (Reason: Prescribed – Statutory)

Conditions that must be complied with during demolition and building work:

7. Any person acting on this consent shall ensure that:-

(a) building construction activities are only carried out during the following hours:

i. between Monday to Friday (inclusive)—7.00am to 5.00pm, ii. on a Saturday—8.00am to 5.00pm.

(b) building construction activities must not be carried out on a Sunday or a public holiday

unless prior approval has been obtained

(c) demolition and excavation works must only be carried out between Monday to Friday (inclusive) between 8.00am and 5.00pm.

(Reason: To ensure that works do not interfere with reasonable amenity expectations

of residents and the community)

8. Building materials and equipment must be stored wholly within the work site, unless prior written approval has been obtained from Council. Equipment must not be operated on the footpath or roadway, unless prior written approval has been obtained from council. (Reason: To ensure public safety and amenity on public land)



9. The applicant shall bear the cost of all restoration works to Council’s property damaged

during the course of this development. (Reason: To ensure the protection of existing public infrastructure)

Conditions which must be complied with prior to the issue of any occupation certificate:

10. The building is not to be used or occupied until a final inspection has been carried out and any Occupation Certificate has been obtained from the Principal Certifying Authority. (Reason: Prescribed - Statutory.)

11. Prior to the issue of any Occupation Certificate for the development, a land identification survey prepared by a registered surveyor, shall be submitted to the Principal Certifying Authority demonstrating that the structure is wholly contained within the property boundaries.

(Reason: To ensure the building will not encroach any property boundary)

Conditions that must be complied with at all times:

12. At all times all stormwater from the development including all hardstandings and overflows

from rainwater tanks is to be collected and disposed of by way of properly constructed stormwater lines to the existing stormwater drainage on site; (Reason: To ensure suitable disposal of stormwater.)



DA 114/2017 – Recommended Conditions of Consent


1. The development being carried out in accordance with the development application and the

drawings referenced below and Statement of Environmental Effects/Environmental Impact Statement dated 8 September 2017, except where amended by the following conditions. JOB REFERENCE NO SHEET NO REVISION

NO DRAWN BY DATE

Site Layout (101B) 1/1 - Matt Davis Design 04.09.2017

Floor Plans (102A) 1/1 - Matt Davis Design 04.09.2017

Elevations and Sections (201A)

1/1 - Matt Davis Design 04.09.2017

Elevations (202A) 1/1 - Matt Davis Design 04.09.2017

Concrete Driveway Engineering Plans

- - Nikolai Koloff 16.09.2013

Stormwater for Hardstand Areas

- - Nikolai Koloff 16.09.2013

(Reason: To ensure that the form of the development undertaken is in accordance with


2. A copy of all stamped approved plans, specifications and documents (including the Construction Certificate if required for the work incorporating certification of conditions of approval) must be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Certifying Authority. (Reason: To ensure that the form of the development undertaken is in accordance with


Operational conditions imposed under the environmental planning and assessment act and regulations and other relevant legislation:

3. All building work must be carried out in accordance with the provisions of the National

Construction Code Series. (Reason: Prescribed by legislation)

Ancillary matters to be completed prior to the issue of the construction certificate:

4. Documentation prepared by an appropriately qualified structural engineer certifying the

structural integrity of the buildings shall be submitted to and approved by the Certifying Authority prior to the release of the Construction Certificate. (Reason: To ensure the structural integrity of the building and safety of people using

the area) 5. All stormwater generated on the site shall be piped to the existing table drain in Forbes Street.

The stormwater system shall be constructed to an appropriate standard in compliance with the Council’s Engineering Guidelines for Subdivisions and Developments.

Detailed engineering drawings of the proposed stormwater drainage system shall be submitted to and approved by the Certifying Authority prior to the release of the Construction Certificate.



Note: Approval under Section 138 of the Roads Act 1993 is required prior to the commencement of any works within the road reserve.

(Reason: To ensure adequate provision is made for stormwater drainage from the site

in a proper manner that protects adjoining properties and public infrastructure)

6. One (1) accessible parking space shall be provided in compliance with AS 1428 – Design for

Access and Mobility. Prior to the issue of a Construction Certificate a car parking plan shall be submitted to the Certifying Authority that demonstrates compliance with AS 1428 – Design for Access and Mobility. (Reason: To ensure the serviced apartments are accessible to persons with a

disability.) 7. A total of five off-street car-parking spaces, together with access driveways and turning bay,

shall be constructed, sealed, line marked and signposted in accordance with the approved development plans, appropriate Australian Standards and industry best practice as appropriate. The plans shall also nominate the allocation of parking spaces for specific purposes as required by conditions of this consent.

A turning bay shall be provided within the front setback area forward of the building line to

enable vehicles to exit the site in a forward direction. The turning bay shall be designed to comply with AS2890.1.

Detailed drawings prepared and certified by an appropriately qualified and practising Civil Engineer for the construction of these areas in accordance with this requirement shall be submitted to, and approved by the Certifying Authority prior to the release of the Construction Certificate.

(Reason: To ensure ongoing compliance with this development consent and Australian

Standards relating to manoeuvring and access of vehicles) 8. Pursuant to Upper Hunter Shire Council Section 94A Development Contribution Plan 2008, a

contribution of $2000 is required to be paid to Council. The amount to be paid is to be adjusted at the time of the actual payment, in accordance with the provisions of the Section 94A Development Contributions Plan.

Documentary evidence shall be submitted to the Certifying Authority confirming that the contribution has been paid prior to determination of the application for the Construction Certificate, where applicable.

(Reason: To ensure that the proposed development makes an appropriate contribution to facilities in the Upper Hunter Local Government Area)

9. A contribution pursuant to the provisions of Section 64 of the Local Government Act, 1993 as specified hereunder for the services detailed in column A and, for the amount detailed in column B shall be made to Council.

Dwelling No Bedrooms Water Sewerage

Unit 1 1 $2,351.25 $5,497.50

Unit 2 1 $2,351.25 $5,497.50

Unit 3 2 $3,562.50 $8,246.25



Unit 4 2 $3,562.50 $8,246.25

Unit 5 2 $3,562.50 $8,246.25

Existing Dwelling -$7,125 -$10,995

Contributions

(Water and Sewer)

$8,265 $24,738.75

Total Contribution $33,003.75

Documentary evidence shall be submitted to the Certifying Authority confirming that the contribution has been paid prior to determination of the application for Construction Certificate, where applicable. The level of contributions shall be in accordance with Council’s Fees and Charges at the time of payment (as adjusted by CPI).

(Reason: To retain a level of service for the existing population and to provide the same

level of service to the population resulting from new development)

Conditions that must be addressed prior to commencement:

10. Where construction or excavation activity requires the disturbance of the soil surface and existing vegetation, adequate measures for erosion and sediment control shall be provided. As a minimum, control techniques are to be in accordance with The Blue Book published by Landcom provisions on Erosion and Sediment Control, or a suitable and effective alternative method. All required erosion and sedimentation techniques are to be properly installed prior to the commencement of any site works and maintained in a functional and effective condition throughout the construction activities until the site is stabilised. The installation is to be approved by the Principal Certifying Authority prior to further commencement of site works. (Reason: To protect the environment from the effects of sedimentation and erosion


11. Unless an existing stabilised site access is utilised, stabilised site access consisting of at least 200mm of aggregate at 30–60mm in size be a minimum of 3m in width and must be provided from the road edge to the front of the building being constructed. The stabilised access must be fully maintained and removed from the site when a permanent driveway has been constructed. The installation must be approved by the principal certifying authority prior to the commencement of site works. (Reason: To protect the environment from the effects of sedimentation and erosion


12. Site facilities (a) If the development involves building work or demolition work it is recommended that the

work site be fully enclosed by a temporary security fence (or hoarding) before work commences. Any such hoarding or fence is to be removed when the work has been completed.



(b) A minimum width of 1.2m must be provided between the work site and the edge of the roadway so as to facilitate the safe movement of pedestrians. If trees are present in the footpath the minimum width must be provided to one side of the trees.

(c) A garbage receptacle fitted with a tight fitting lid for the reception of all food scraps and

papers from the work site must be provided prior to building work commencing and must be maintained and serviced for the duration of the work.

(d) Adequate toilet facilities must be provided on the work site. Each toilet provided must

be a standard flushing toilet, connected to a public sewer, or if connection to a public sewer is not available, to an on-site effluent disposal system approved by the council, or an approved temporary chemical closet. The provision of toilet facilities must be completed before any other work is commenced.

The installation of the site facilities shall be approved by the Principal Certifying Authority prior to further commencement of site works and prior to the first inspection. (Reason: To ensure the health and safety of the community and workers on the site)

13. A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:

(a) stating that unauthorised entry to the work site is prohibited; (b) showing the name of the principal contractor (or person in charge of the work site), and

a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and

(c) showing the name, address and telephone number of the Principal Certifying Authority

for the work. Any such sign must be maintained while to building work or demolition work is being carried out, but must be removed when the work has been completed. The installation is to be approved by the Principal Certifying Authority prior to further commencement of site works. (Reason: Statutory requirement)

14. No works shall commence on site until such time as a Construction Certificate has been issued for either part or all of the works. If a certificate is issued for part of the works in must cover the works being undertaken onsite. (Reason: Prescribed – Statutory)

Conditions that must be complied with during demolition and building work:

15. Second hand materials shall not be used unless specifically approved by the Certifying

Authority or Principal Certifying Authority in writing. (Reason: To maintain standard of materials used in the construction process.)

16. Any person acting on this consent must ensure that:-

(a) materials must not be burnt on the site. (b) vehicles entering and leaving the site with soil or fill material must be covered.



(c) dust suppression measures must be carried out to minimise wind-borne emissions in

addition odour suppression measures must also be carried out where appropriate so as to prevent nuisance occurring at adjoining properties.

(Reason: To protect the environment and the amenity of the surrounding area)

17. The applicant shall bear the cost of all works associated with the development that occurs on Council’s property. (Reason: To ensure the proper management of public land and funds)

18. Any person acting on this consent shall ensure that:-

(a) building construction activities are only carried out during the following hours: i. between Monday to Friday (inclusive)—7.00am to 5.00pm, ii. on a Saturday—8.00am to 5.00pm.

(b) building construction activities must not be carried out on a Sunday or a public holiday

unless prior approval has been obtained

(c) demolition and excavation works must only be carried out between Monday to Friday (inclusive) between 8.00am and 5.00pm.

(Reason: To ensure that works do not interfere with reasonable amenity expectations

of residents and the community)

19. Building materials and equipment must be stored wholly within the work site, unless prior written approval has been obtained from Council. Equipment must not be operated on the footpath or roadway, unless prior written approval has been obtained from council. (Reason: To ensure public safety and amenity on public land)

20. Any necessary alterations to, or relocations of, utility services must be carried out at no cost to the council or the relevant public authority. (Reason: To ensure costs associated with the development are not transferred to the

public)

21. The applicant shall bear the cost of all restoration works to Council’s property damaged during the course of this development. (Reason: To ensure the protection of existing public infrastructure)

Conditions which must be complied with prior to the issue of any occupation certificate:

22. The premises shall be connected to the sewer system in accordance with the Australian

Standard 3500. A works as executed plan on Council’s approved form is to be submitted to Council within seven (7) days following the final drainage inspection and prior to the issue of any Occupation Certificate. (Reason: To ensure compliance with the Australian Standard & Local Authority

requirements.)

23. The building is not to be used or occupied until a final inspection has been carried out and any Occupation Certificate has been obtained from the Principal Certifying Authority. (Reason: Prescribed - Statutory.)



24. Prior to the issue of any Occupation Certificate a works as executed plan drawn on Council’s approved template detailing the layout and location of the sewer and stormwater pipe work is to be submitted to Upper Hunter Shire Council. (Reason: Prescribed – Statutory.)

25. Certification of Civil works

a) An appropriately qualified and practising Civil Engineer shall certify to the Principal Certifying Authority that the stormwater drainage system has been constructed in accordance with this consent and the provisions of AS3500. The applicant shall, upon completion of the development works and prior to the issue of any Occupation Certificate, submit to Council a copy of the aforementioned letter of certification.

b) An appropriately qualified and practicing Civil Engineer shall certify to the Principal Certifying Authority that any, associated works and road works, have been constructed in accordance with the approved plans. The applicant shall, upon completion of the development works and prior to the issue of any Occupation Certificate, submit to Council a copy of the aforementioned letter of certification.

(Reason: To ensure compliance with the conditions of consent.)

26. All parking areas, driveways, and turning areas shall fully constructed, sealed, line marked,

sign posted, numbered and in accordance with the approved plan(s) prior to the issue of any Occupation Certificate.

Note: Approval under Section 138 of the Roads Act 1993 is required prior to the commencement of any works within the road reserve.

(Reason: To ensure that adequate facilities to service the development are provided on

site.) 27. Prior to the issue of any Occupation Certificate all landscaping shall be completed in

accordance with the approved landscape plan. (Reason: To preserve the amenity of the streetscape and neighbourhood.)

28. Prior to the issue of any Occupation Certificate all boundary fences be increased to a height

of 1800mm. (Reason: To afford privacy to adjoining residents.)


29. Regular services shall be provided to the Serviced Apartments by way of cleaning (of internal

and external areas), laundering and general maintenance (of internal and external areas). (Reason: To ensure the serviced apartments operate to a hygienic and safe standard.) 30. At all times the landscaped area of the development is to be maintained at all times in

accordance with the approved landscape plan. (Reason: To ensure the visual amenity of the streetscape is maintained.)

31. At all times, vehicles must enter and exit the site in a forward direction. (Reason: To ensure the safety of motorists and pedestrians)



DA 114/1996 (Section 96 Modification) Recommended Conditions of Consent

1. Deleted (now Condition 21)





6. Deleted

7. Deleted

8. Deleted (now covered by General Terms of Approval M3 and R4.1)

9. Deleted

10. Tree Planting I. Existing trees along the perimeter of the quarry areas shall be retained where

possible to mitigate any visual impacts. II. The proponent shall provide details of the proposed early planting of fast

growing species of trees. Such details shall be submitted and approved before work commences.


12. Deleted

13. Deleted


15. Deleted

16. Signage The applicant shall erect appropriate advisory signage at or near the entrance to the travelling stock route and at the boundary of the subject land. The signage at or near the entrance to the travelling stock route shall be designed to warn any person entering the travelling stock route that heavy vehicles utilise the road. The signage at the boundary of the subject land shall advise any person that entering is prohibited onto the land without prior permission. Details of the location and the wording of the signs shall be submitted and approved by Council before they are erected. The erection of such signage is required before any work commences on the subject land.

17. Deleted (now covered by General Terms of Approval M3 and R4.1)



18. Access Roads

Access and haulage roads and trafficable areas must be suitably surfaced and maintained at all times in a condition which minimises the emission of wind blown or traffic generated dust.

19. Deleted (now Condition 37 and Condition 38)

20. Disturbed Areas

Disturbed areas must be kept to a minimum at all times and must be rehabilitated as soon as practicable to the satisfaction of the Council and in accordance with the Environmental Impact Statement and the approved Rehabilitation Management Plan.


21. The development being carried out in accordance with the development application, Environmental Impact Statement and supporting modification application documentation and the drawings referenced below, except where amended by the following conditions. JOB REFERENCE NO SHEET

NO REVISION

NO DRAWN BY DATE

SRKN Quarries Site Plan (Ref: 216179)

1 of 2 - MM Hyndes Bailey and Co

20.06.2017

(Reason: To ensure that the form of the development undertaken is in

accordance with the determination of Council) to th

General Conditions:

22. Hours of operation Quarry operations (excluding haulage) shall be restricted to the hours of 6.00am to 5.00pm, Monday to Friday (inclusive). Haulage shall be restricted to the hours of 7.00am to 5.00pm, Monday to Friday (inclusive). No quarry operations (including haulage) are to be carried out on Saturdays, Sundays or Public Holidays. Maintenance of the haulage road and within the quarry area may be undertaken on Saturdays between the hours of 8.00am and 1.00pm.

Exceptions to the above hours may be permitted for emergencies only subject to written Council approval.

(Reason: To ensure that works do not interfere with reasonable amenity expectations of residents and the community)

23. Limits of Approval

a) The Applicant shall not extract more than 150,000 tonnes of gravel material per

year from the Quarry Site.



b) The Applicant shall restrict extraction operations to the Quarry Site, which is coincident with the area identified as the “Current Partially Extracted Area” and “Virgin Extraction Area” in the RKN Quarries Site Plan.

c) The maximum number of daily truck movements to and from the Quarry Site shall

not exceed 36 truck movements (18 loads) per day averaged over a 12 month period. The number of truck movements shall be recorded and reported to Council on a quarterly basis.

24. Period of Consent

This consent is valid for twenty-five (25) years from the 27 November 2017. Upon the expiry of this time all quarry operations shall cease.

(Reason: To ensure that quarry operations occur within the timeframe of the consent.)

25. Road Maintenance Contribution

a) The Applicant is to pay a monetary contribution to the Council at the rate of $0.48

per tonne of gravel extracted from the Quarry Site and transported on road infrastructure maintained by the Council subject to (c) below.

b) The contribution is to be paid quarterly to the Council by the last business day of

January, April, July and October each year. The contribution to be paid on those dates is the total liability of the Applicant owing to the Council, for the preceding quarter ending 31 December, 31 March, 30 June and 30 September.

c) The Rate is to be increased at the commencement of each financial year in line with

the Consumer Price Index. Note: The rate of the payment will remain the same if the Consumer Price Index decreases.

d) The amount of the contribution is to be based on approved weighbridge or

approved portable weighing system recordings of quarry product transported from the Project Site. Copies of records are to be submitted to the Council with each payment, and original records are to be made available for inspection at such other times as may be required. (Reason: To ensure that public roads and infrastructure is of an adequate standard and is adequately maintained during the life of the quarry).

26. Management Plans

a) The development shall be carried out in accordance with the approved

management plans (including the Soil and Water Management Plan and Revegetation Plan) submitted as part of the Modification Application and as required by the conditions of consent (Environmental Management Plan, Rehabilitation Management Plan, Road Management Plan).



b) If from time to time, and in accordance with these conditions, the Applicant (whether of its own volition or in accordance with recommendations made pursuant to these conditions) proposes any amendments to the management plans referred to in this condition then those proposed amendments shall be submitted by the Applicant to the Council for approval.

c) An amendment to a plan under condition does not take effect until:

i. the Council has approved the amendments; and ii. the Applicant has made any further amendments required by the Council

(acting reasonably) as a condition of approving the amendments.

d) If there is any inconsistency between these conditions of consent and any of the following:

i. the Environmental Impact Statement; ii. the modification supporting documents; or iii. the management plans

then the conditions of consent shall prevail.

27. Air Quality Assessment Criteria

The proponent shall ensure that the dust emissions generated by the quarry operations do not cause additional exceedances of the air quality impact assessment criteria listed in Table 1, 2 and 3 at any residence, on privately owned land. Table 1: Long term impact assessment criteria for particulate matter

Pollutant Averaging period Criterion Total suspended particulate (TSP) matter

Annual 90µg/m3

Particulate matter < 10µm (PM10)

Annual 25µg/m3

Table 2: Short term impact assessment criterion for particulate matter

Pollutant Averaging period Criterion Particulate matter < 10µm (PM10)

24 hour 50µg/m3

Table 3: Long term impact assessment criteria for deposited dust

Pollutant Averaging period Maximum increase in

deposited dust level

Criterion

Deposited dust Annual 2g/m2/month 4g/m2/month



Conditions that must be complied with prior to any vegetation clearing or modification:

28. Threatened Species

a) The proposed clearing of approximately 4 ha of Central Hunter Grey Box – Ironbark

Woodland Endangered Ecological Community and Central Hunter Valley Eucalypt Forest and Woodland Critically Endangered Ecological Community vegetation on the Quarry Site must be offset in accordance with the ‘Principles for the use of biodiversity offsets in NSW’ (NSW Office of Environment and Heritage). Appropriate land outside of the Western Extraction Area must either be reserved in perpetuity by a Biodiversity Stewardship Agreement or Conservation Agreement in accordance with the program(s) provided by NSW Office of Environment and Heritage.

b) Prior to commencement of any vegetation clearing, the proponent/quarry operator must submit to the Consent Authority a copy of the Biodiversity Stewardship Agreement or Conservation Agreement.

c) Prior to any clearing the appropriate size and number of hollow bearing trees to be removed must be recorded and the same number of nesting boxes of appropriate sizing must be installed in similar vegetation within the Quarry Site. The nesting box design chosen must reflect the size of hollows removed, with microbat nesting boxes used to replace small hollows, and Squirrel Glider nesting boxes to replace medium sized hollows. The nest boxes must be inspected annually and replaced if damaged.

d) Prior to clearing, hollow bearing trees must be observed by an appropriately trained or qualified person to determine if hollow bearing fauna are present. Hollow bearing trees in use must be marked and surrounding vegetation cleared several days prior to the removal of the hollow bearing trees. This would be done to promote the vacation of any hollows in use.

e) A suitably trained or qualified person must also be present during the felling the

identified hollow bearing trees to provide assistance with the care of any injured fauna.

f) Any animals found would need to be checked, and details of the species, number, condition (age class, pregnant or lactating females etc) must be recorded and the details provided to the NSW Wildlife Atlas [ http://wildlifeatlas.nationalparks.nsw.gov.au/wildlifeatlas/about.jsp ] and to Council within three (3) months of the clearing event. (Reason: To ensure adequate measures are taken to protect native flora and

fauna.)



Conditions that must be complied with within certain timeframes:

29. Road Management Plan By 28 February 2018 a revised Road Management Plan must be submitted to the Consent Authority. The revised Road Management Plan must include a code of conduct related to the transport of materials on public roads including on Bunnan Road-Satur Road-Liverpool Street to the intersection with the New England Highway. The Road Management Plan shall also include measures to reduce risks to local wildlife (including the installation of wildlife warning signs on the haulage road) and protocols for reporting injured wildlife. (Reason: To comply with the requirements of State Environmental Planning

Policy (Mining, Petroleum and Extractive Industries))

30. Rehabilitation Management Plan

By 28 February 2018 a Rehabilitation Management Plan prepared by an appropriately qualified land rehabilitation specialist shall be submitted to the Consent Authority for approval. The Rehabilitation Management Plan must include:

(a) the rehabilitation objectives for the Quarry Site;

(b) an outline of how the Quarry Site would be rehabilitated so as to integrate with the surrounding landform and not contain any slopes or vertical faces that do not conform with the then current industry practice and standards;

(c) a description of how flora and habitat values will be improved or enhanced;

(d) a general description of the short, medium and long term measures that would be implemented to rehabilitate the Quarry Site;

(e) a plan of the Western Extraction Area showing the rehabilitation stages and schedule for progressive rehabilitation over the next 25 year period of operation.

(f) a schedule for the implementation of the recommendations of the Revegetation Report Eastern Quarry (prepared by the NSW Soil Conservation Service, 26 June 2017 in relation to the Eastern Extraction Area.

(g) a detailed description of the measures that would be implemented within the proposed areas of disturbance for:

(i) conserving and reusing topsoil, and obtaining soil depth similar to that naturally occurring on and surrounding the disturbed areas of the Quarry Site;

(ii) establishing biologically active topsoil by the introduction of native early colonising species of naturally occurring soils prior to re-establishing existing vegetation communities;

(iii) protecting any areas displaying spontaneous recovery/regeneration of vegetation and facilitating that recovery and regeneration;

(iv) revegetation with native tree, shrub and grass species comparable with the existing vegetation communities in the area;



(v) methods of seeding which ensure that local native provenance plants will be able to be re-established on the constructed slopes;

(vi) salvaging and reusing material from the Quarry Site for habitat enhancement; and

(vii) controlling weeds and feral pests.

Note: the collection of seeds from an Endangered Ecological Community requires licencing under the Biodiversity Conservation Act 2017.

(viii) performance and completion criteria for the rehabilitation of the site; and

(ix) a description of how the performance of the rehabilitation works would be monitored over time to achieve the stated objectives and against the relevant performance and completion criteria.

31. Noise Assessment

By 28 February 2018, a noise assessment prepared by a suitably qualified acoustic engineer accordance with the noise monitoring procedures in the NSW Road Noise Policy (NSW Department of Environment, Climate Change and Water, 2011) shall be submitted to Council for approval. The noise assessment shall establish whether or not the operation of the haulage road causes exceedances of the thresholds as relevant for Local Roads in the NSW Road Noise at the residence on Lot 21 DP 616665 (“Airdrie”):

Day (7am – 10pm)

Night (10pm – 7am)

Assessment criteria – dB(A)

LAeq(1 hour)55

(External) LAeq(1 hour)50

(External)

The noise assessment shall make recommendations for noise mitigation measures and/or noise attenuation measures where the noise levels exceed the thresholds in the NSW Road Noise Policy. (Reason: To ensure the residents of Lot 21 DP 616665 are not adversely

impacted by noise from the haulage road.)

32. Noise Management Actions

The recommended noise mitigation or noise attenuation measures in the noise assessment must be implemented within 3 months of the date of approval of the report by the Consent Authority. Any recommended noise attenuation measures required to be implemented on Lot 21 DP 616665 (“Airdrie”) must have the consent of the owner of that land.

(Reason: To ensure recommended noise management measures are implemented.)

33. Dust Monitoring

By 31 May 2018, the proponent shall prepare and implement an Air Quality Monitoring Program for the monitoring of air quality at or near the residence on Lot 21 DP 616665. This program must include a protocol for demonstrating compliance with the air quality impact assessment criteria on this consent.



(Reason: To ensure the air quality impact assessment criteria are being met at the closest sensitive receiver.)

34. Transfer of Crown Road

The Crown Road currently utilised by, or in close proximity to, the haulage road providing access to Lot 127 DP 750941 shall be transferred to Council as an unmaintained public road at no cost to Council. An application for transfer of the road shall be submitted to NSW Department of Industry - Lands by 28 February 2018 in accordance with the Department’s requirements. (Reason: To ensure legal access to the quarry)

35. Acquisition and Transfer of Access Road over Travelling Stock Routes

The affected portion of the Travelling Stock Route (TSR) 44538 on Lot 7001 DP 1115957 and TSR 16A on Lot 7002 DP 1115957 used as an access/haulage road shall be acquired and transferred to Council as an unmaintained public road at no cost to Council. An application for acquisition and transfer of the affected portions of the TSR’s shall be submitted to NSW Department of Industry - Lands by 28 February 2018 in accordance with the Department’s requirements.

(Reason: To ensure legal access to the quarry)

36. Realignment of Road Reserve

Within 6 months following the transfer of the Crown Road and the acquisition and transfer of the affected portions of TSR 44538 on Lot 7001 DP 1115957 and TSR 16A on Lot 7002 DP 1115957 to Council, the road reserve shall be resurveyed or widened where necessary, such that all parts of the existing access/haulage road formation (Yarrandi Trail) from the intersection with Bunnan Road to the entrance of the quarry on Lot 127 DP 750941 are located within a road reserve.

(Reason: To ensure legal access to the quarry)

37. Road Construction

Within 6 months following the transfer of the Crown Road and the acquisition and transfer of the affected portions of TSR 44538 on Lot 7001 DP 1115957 and TSR 16A on Lot 7002 DP 1115957 to Council, the haulage road from the intersection with Bunnan Road to the entrance to the Western Extraction Area on Lot 127 DP 750941 shall be constructed to a rural road standard in accordance with Council’s Engineering Guidelines for Subdivision and Development and dedicated as an unmaintained Council road.

Prior to the commencement of road construction works the person acting on this consent shall submit plans and designs prepared by a suitably qualified and practicing civil engineer to Council for approval. The plans and designs must be in



accordance with the requirements of Council’s Engineering Guidelines for Subdivision and Development.

Note: a separate approval under Section 138 of the Roads Act 1993 is required prior to the commencement of any work within the road reserve.

(Reason: To ensure the road is upgraded to a Council standard.)

38. Rural Addressing and Road Naming Within 6 months following the transfer of the Crown Road and the acquisition and transfer of the affected portions of TSR 44538 on Lot 7001 DP 1115957 and TSR 16A on Lot 7002 DP 1115957 to Council, the person acting upon this consent must apply to Upper Hunter Shire Council and receive written confirmation of the allocated street name and addresses (house numbers) for properties with access to the access/haulage road. The allocated road name and numbers that will be recorded in Council records and must be displayed at the property in accordance with the provisions of AS/NZS 4819:2003 – Geographic information – Rural and urban addressing. To assist Council when applying for street name and number allocations, a draft proposal for street naming and numbering should be submitted for concurrence to Council at an early stage of construction, as these numbers will be used to maintain Council’s property and mapping database, and the proposed street name must be formally agreed and adopted by Council. (Reason: To ensure that Council records are accurate, and that house

numbering complies with the requirements of Council’s House Numbering Policy. Proper house numbering also assists emergency services in readily locating properties.)

39. Environmental Management Plan

By 31 May 2018 the proponent shall submit to the Consent Authority for approval an Environmental Management Plan (EMP) for the quarry operations. The EMP must:

(a) provide the strategic framework for environmental management of quarrying

work at the Project Site;

(b) identify the statutory approvals that apply to quarrying work at the Project Site;

(c) describe the role, responsibility, authority and accountability of all key personnel involved in the environmental management of the project;

(d) include a bush fire management plan, which provides details of the fire fighting equipment to kept on the quarry site, procedure for ensuring plant and equipment is not a bush fire hazard and details about the storage of flammable materials;

(e) include a weed management plan to address weed control within the quarry site and along the haulage road from the Bunnan Road intersection to the quarry site.

(f) describe the procedures that will be implemented to:



(i) keep the local community and relevant agencies informed about the operation and environmental performance of the development;

(ii) receive, handle, respond to, and record complaints;

(iii) resolve any disputes that may arise during the course of the development;

(iv) respond to any non-compliance; and

(v) respond to emergencies,

40. Haulage Road-Bunnan Road Intersection By 31 May 2018 the haulage road-Bunnan Road intersection shall be constructed to a BAR treatment (including shoulder widening). The intersection shall be bitumen sealed and the seal shall extend into Lot 7002 DP 1115957 to a distance of 50 metres over the existing road formation, subject to the land owner’s consent. Note: An approval under Section 138 of the Roads Act 1993 is required prior to carrying out any work within the road reserve.

(Reason: To ensure road infrastructure is appropriately constructed for the safe ingress and egress by quarry vehicles.)


41. Dust generation

At all times the quarry shall be operated in a manner that minimises dust generation from the site, including wind-blown and traffic-generated dust as far as practicable. All project related activities on the site shall be undertaken with the objective of minimising visible emissions of dust from the site. All haulage vehicles leaving the Quarry Site must have the loads covered such as to prevent dust emissions. Should visible dust emissions attributable to the quarry occur during operation, the quarry operator/owner shall identify and implement all practical dust mitigation measures, including the cessation of quarry operations, as appropriate, such that emissions of visible dust are minimised. (Reason: To ensure the quarry operations does not cause excessive dust.)

42. Dust suppression

Specific consideration must be given to controlling dust generation along unsealed internal access roads and haulage roads to minimise the potential impacts at the “Airdrie” property at Lot 21 DP 616665 and any other affected properties and on Bunnan Road. During haulage operations the haulage road (unless sufficiently saturated from weather conditions), from the Bunnan Road intersection to 450m past the main entrance gate to the Airdrie residence, shall be watered to a level of saturation that is sufficient to prevent emissions from wheel generated dust at the commencement of each daily haulage and then every four (4) hours during the daily period of haulage operations or more frequently should conditions require it.



(Reason: To ensure the movement of heavy vehicles does not adversely impact on the amenity of residents and the safety of public roads.)

43. Vehicle Ingress/Egress

At all times all vehicles associated with the quarry are to enter and exit the quarry site in a forward direction. (Reason: To ensure vehicles enter and exit the site in a safe manner.)

44. Aboriginal Artefacts In the event that any artefacts of cultural heritage significance are unearthed outside or within the immediate areas during construction, site works must cease and the NSW Office of Environment and Heritage (OEH) EnviroLine (phone 131 555), must be informed immediately. The site is to be recorded and management strategies put in place for protection before any further work can commence in the area.

(Reason: To ensure that measures are in the event that items of Aboriginal cultural significance are unearthed.)

45. Maintenance of Haulage Road (Public Road)

Whilst ever this consent is operational, the haulage road from the Bunnan Road intersection to the Western Extraction Area on Lot 127 750941 shall be maintained to a Rural Road standard in accordance with Council’s Engineering Guidelines for Subdivision and Development. All damage to the road and/or associated works and structures including grids shall be repaired by the quarry operator/owner. Note: Approval under Section 138 of the Roads Act 1993 is required prior to carrying out any work within the road reserve. (Reason: To ensure the road is maintained in a safe trafficable condition.)

Conditions that require on-going, monitoring, reporting, inspections and audits:

46. Annual Inspection

The proponent shall submit an Annual Inspection Report by a suitably qualified environmental engineer or soil conservation specialist, to the Consent Authority no later than 31 July each year until the site has been adequately rehabilitated. The annual inspection report must:

a) Report on the condition and performance of the soil and water management controls as proposed in the Soil and Water Management Plan (NSW Soil Conservation Service, 22 June 2017).

b) If necessary make recommendations as to any maintenance or improvements to ensure soil and water management controls remain functional. Any such



recommendations must be implemented within 1 month of the submission of the report.

(Reason: To ensure soil and water management controls are maintained to a standard that prevents soil erosion and water pollution.)

47. Annual Environmental Management Report

By 31 July annually, the Proponent shall submit an Annual Environmental Management Report (AEMR) to the Consent Authority. This report must:

a) identify the standards and performance measures that apply to the project;

b) describe the works carried out in the last 12 months;

c) describe the works that will be carried out in the next 12 months;

d) include a summary of the complaints received during the past year, and compare this to the complaints received in previous years;

e) include a summary of the monitoring results for the project during the past year;



f) include an analysis of these monitoring results against the relevant:

i. limits/criteria in this approval;

ii. monitoring results from previous years; and

iii. predictions in the EA;

g) identify any trends in the monitoring results over the life of the project;

h) identify and discuss any non-compliance during the previous year; and

i) describe what actions were, or are being, taken to ensure compliance

(Reason: To ensure the there is adequate reporting of the quarry operations.)

48. Independent Environmental Audit (a) By 31 December 2022, and every five years thereafter, unless the Council directs

otherwise, the Applicant shall commission and pay the full cost of an Independent Environmental Audit of the development.

(b) This audit must: (i) be conducted by a suitably qualified, experienced, and independent person

whose appointment has been endorsed by the Council;

(ii) be consistent with ISO 19011:2002 – Guidelines for Quality and/or Environmental Systems Auditing, or equivalent updated versions of these guidelines;

(iii) assess the environmental performance of the development, and its effects on the surrounding environment;



(iv) review the adequacy of strategies, plans or programs required under this development consent and under the approvals referred to in (iii);

(v) assess whether the development is complying with the relevant standards, conditions of consent, performance measures, and statutory requirements;

(vi) review the adequacy of the Applicant’s environmental management measures; and if necessary, recommend measures or actions to improve the environmental performance of the development.

(c) The Applicant shall notify the Council of the date of commissioning each audit. Within 3 months of the commissioning the Applicant shall submit a copy of the audit report to the Council, with a response to any of the recommendations contained in the audit report.

(Reason: To ensure the quarry is complying with relevant standards, performance measures and statutory requirements.)



GENERAL TERMS OF APPROVAL PURSUANT TO SECTION 91A OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979, (AS AMENDED)















DA 30/2017 Recommended Conditions of Consent

SCHEDULE A

1. This consent does not operate until the applicant submits to Council evidence that an Easement for Detention of stormwater over that part of Lot 622 in DP 1200390 affected by the Easement to Drain Water created by DP1200390 has been registered on the title of Lot 622. The Easement must be in favour of Upper Hunter Shire Council and be in such terms as the Upper Hunter Shire Council may reasonably require.

2. This Consent does not operate until the applicant submits to Council evidence that a

Restriction on the Use of Land over that part of Lot 622 in DP 1200390 affected by the Easement to Drain Water created by DP1200390 has been registered on the title of Lot 622. The Restriction on the Use of Land must provide that no works or activities are to be undertaken and no buildings or structures are to be erected or vegetation planted, or any other interference with the construction or ongoing operation of the stormwater detention basins. The Restriction on the Use of the Land must be in favour of Upper Hunter Shire Council and be in such terms as the Upper Hunter Shire Council may reasonably require.

SCHEDULE B

General:

1. This development consent authorises the carrying out of Stage 1 of the development only. Stages 2, 3, 4 and 5 of the development shall be the subject of separate development applications in accordance with Section 83B of the Environmental Planning and Assessment Act 1979. (Reason: Statutory requirement for staged development)

2. The stormwater detention basins shall be fully constructed to the approved engineering

standards prior to the commencement of any works in Stages 2, 3, 4 and 5. (Reason: To ensure appropriate stormwater infrastructure is in place to service the

development.)


3. The development being carried out in accordance with the development application,

statement of environmental effects and the drawings referenced below, except where amended by the following conditions. JOB REFERENCE NO SHEET NO REVISION

NO DRAWN BY DATE

Proposed Subdivision Stage 1 - B HDB 03.07.2017

Proposed Subdivision Stage 2-5

- B HDB 03.07.2017

(Reason: To ensure that the form of the development undertaken is in accordance with

the determination of Council) to the issue of the construction certificate:

Conditions that must be complied with prior to the issue of any subdivision certificate:



4. Prior to the issue of a Subdivision Certificate, access to Lots 101, 102, 103 and 104 shall be constructed/upgraded from the edge of bitumen of the Moobi Road to the lot boundaries in accordance with the approved plans and Council’s Rural Property Access Design RPA-001. Note: Approval under Section 138 of the Roads Act 1993 is required prior to the commencement of any works within the road reserve. (Reason: To facilitate appropriate vehicular access to each allotment)

5. Notification of arrangements to connect services and utilities to each LOT shall be provided to

the Certifying Authority with the Subdivision Certificate application:-

(a) telecommunication services (b) electrical reticulation

All adjustments to existing utility services made necessary by the development are to be undertaken by the developer at no cost to Council. (Reason: To ensure adequate servicing of the development.)

6. A contribution pursuant to the provisions of Section 94 of the Environmental Planning and Assessment Act 1979 as specified hereunder for the services detailed in column A and, for the amount detailed in column B shall be made to Council.

Contribution type (a) amount per lot (B) ($)

Total (C)

Recreation and Open Space $1,266.95 $3,800.85

Community and Cultural Facilities

$640.00 $1,920

Transport infrastructure $1,294.57 $3,883.71

Plan Administration and Management $29.35 $88.05

Total contribution $9,692.61

Documentary evidence shall be submitted to the Certifying Authority confirming that the contribution has been paid prior to determination of the application for Subdivision Certificate for each stage of the subdivision, where applicable. The amount of contributions shall be in accordance with Council’s Fees and Charges at the time of payment. (Reason: To retain a level of service for the existing population and to provide the

same level of service to the population resulting from new development)

7. A contribution pursuant to Section 64 of the Local Government Act 1993 as specified

hereunder for the services detailed in column A and, for the amount detailed in column B shall be made to Council.



Contribution type (a) amount per lot (B) ($)

Total (C)

Water $7,125 $21,375

Total contribution $21,375

Documentary evidence shall be submitted to the Certifying Authority confirming that the contribution has been paid prior to determination of the application for Subdivision Certificate for each stage of the subdivision, where applicable. The amount of contributions shall be in accordance with Council’s Fees and Charges at the time of payment. (Reason: To retain a level of service for the existing population and to provide the

same level of service to the population resulting from new development)

8. Prior to issuing a Subdivision Certificate the person acting upon this consent must apply to Upper Hunter Shire Council and receive written confirmation of the allocated street names and addresses (house number) and unit numbers for the building and any approved allotments within the completed project. These are the street names and numbers that will be recorded in Council records and must be displayed at the property in accordance with the provisions of AS/NZS 4819:2003 – Geographic information – Rural and urban addressing. To assist Council when applying for street name and number allocations, a draft proposal for street naming and numbering within development should be submitted for concurrence to Council at an early stage of construction, as these numbers will be used to maintain Council’s property and mapping database, and the proposed street names must be formally agreed and adopted by Council. (Reason: To ensure that Council records are accurate, and that building and unit

numbering complies with the requirements of Council’s House Numbering Policy. Proper building and unit numbering also assists emergency services in readily locating properties.)

9. All easements, rights-of-way, right- of-carriageway, and restrictions-as-to-user as indicated on

the plans submitted with the application for a Subdivision Certificate for Stage 1 are to be registered on the title of the relevant lots, together with the following additional easements/rights of way/restrictions, naming Upper Hunter Shire Council as the sole authority empowered to release or modify the same:

A positive covenant shall be registered on the titles of Lots 101, 102, 103 and 104

stating that any future development requiring development consent on the land shall be consistent with Development Consent No. 30/2017 unless otherwise approved by Council.

A Restriction on the Use of Land shall be registered on the titles of Lot 101 and Lot 102 that allows for access and construction of the road and infrastructure within the Easement for Access to service the lots within Stages 2 and 3.

A Restriction on the Use of Land shall be registered on the titles of Lot 103 and Lot 104 that allows for access and construction of the road and infrastructure within the Easement for Access to service the lots within Stages 4 and 5.

A Restriction on the Use of Land shall be registered on the titles of Lots 102, 103 and 104 that allows for access and construction of the stormwater pipes within the Easement for Drainage 3 wide.

(Reason: To ensure proper management of land and minimise land use conflict with

adjoining agricultural land uses.)



General terms of approval pursuant to section 91a of the environmental planning and assessment act 1979 (as amended):

10. The development proposal is to comply with the subdivision layout identified on the following drawings, as prepared by HDB Town Planning & Design:

'Proposed Subdivision – Stage 1 Lot 621 DP 1200390 Moobi Road, Scone’ identified as Revision B and dated 3/7/17, and

'Proposed Subdivision – Stages 2-5 Lot 621 DP 1200390 Moobi Road, Scone’ identified as Revision B and dated 3/7/17.

Conditions that must be complied with as part of the lodgement of any development application for Stages, 2, 3, 4 and 5:

11. As part of the lodgement of a development application for Stages 2, 3, 4 and 5 the following documentation must be submitted (consistent with the requirements of the Upper Hunter Development Control Plan that is in operation at the time of lodgement or relevant planning and development guidelines):

a) Preliminary Site Investigation (and Detailed Site Assessment if necessary) to established whether or not the site is contaminated.

b) Traffic Impact Assessment

c) Flora and Fauna Assessment

d) Soil and Water Management Plan

e) Aboriginal Archaeological Due Diligence Assessment

ATTACHMENT NO: 6 - DA 57/2017 - REASONS FOR REFUSAL ITEM NO: SCR.11.3


DA 57/2017 – Reasons for Refusal THAT Council refuse Development Application No. 57/2017 for the demolition of existing buildings and construction of a shed to be used as a bulky goods premises at No. 77 Main Street Scone, as shown on the submitted plans, for the following reasons:-

1. Pursuant to the provisions of Section 79C (1)(a)(i) and (iii) of the Environmental Planning and Assessment Act 1979 the development requires the demolition of a heritage item that is of local significance.

2. Pursuant to the provisions of Section 79C (1)(a)(i) of the Environmental Planning and Assessment Act 1979 the development is inconsistent with the objectives of Clause 5.10 Heritage Conservation of the Upper Hunter Local Environmental Plan 2013.

3. Pursuant to the provisions of Section 79C (1)(a)(i) and (iii) of the Environmental

Planning and Assessment Act 1979 the application has not established that demolition of the heritage item is reasonable and justified.

4. Pursuant to the provisions of Section 79C (1)(a)(i),(iii),(b) and (c) of the

Environmental Planning and Assessment Act 1979 the proposed development is considered to be inconsistent with the desired character of the Central Scone Conservation area.

5. Pursuant to the provisions of Section 79C (1)(a)(i) of the Environmental

Planning and Assessment Act 1979 the proposed development has not provided sufficient means of access to the proposed development as required under clause 6.10(e) of the Upper Hunter Local Environmental Plan 2013.

6. Pursuant to the provisions of Section 79C (1)(d) & (e) of the Environmental

Planning and Assessment Act, 1979 the proposed development is not considered to be in the public interest.

7. Pursuant to the provisions of Section 79C (1)(a)(iii) and (b) of the

Environmental Planning and Assessment Act 1979 the proposed development will result in unacceptable impacts upon the operation of the adjoining public roadway (Main Street) as a consequence of poor design outcomes.

8. Pursuant to the provisions of Section 79C (1)(c) of the Environmental Planning

and Assessment Act 1979 the site is not suitable for the proposed development as it does not have the available land area or dimensions to safely accommodate articulated vehicles while the width of Main Street limits the turning space available for trucks entering and exiting the site.

9. Pursuant to the provisions of Section 79C (1)(a)(iii) and (b) of the Environmental Planning and Assessment Act 1979 the proposed development will detract from the streetscape and is of a form not consistent with the desired commercial character envisaged under the Upper Hunter Development Control Plan 2015.




COMMITTEE/DELEGATES REPORTS

C.11.1 AIRPORT COMMITTEE

RESPONSIBLE OFFICER: Sean Constable - Manager Business Enterprise & Tourism

AUTHOR: Joanne McLoughlin - Property & Business Coordinator

RECOMMENDATION That Council:

1. Note the minutes of the Airport Management Committee meeting held on 24 October 2017.

2. Endorse the minutes of the Airport Management Committee meeting held on 4 July 2017.

BACKGROUND The Committee provides recommendations to Council in relation to the management and performance of the Scone Regional Airport. REPORT/PROPOSAL An operational report was presented to the committee. The main issues related to: Airport Designs The designs for pavement, drainage, lighting and the Aviation Visitor Attraction were presented to the Committee. The Committee approved of the designs A report of the cost estimates to construct the aviation centre and undertake the redevelopment of the airport and the proposed grant applications were provided to the Committee.

ATTACHMENTS

1 Airport Management Committee - 24 October 2017 - Minutes

2 Airport Management Committee - 4 July 2017 - Minutes

ATTACHMENT NO: 1 - AIRPORT MANAGEMENT COMMITTEE - 24 OCTOBER 2017 - MINUTES ITEM NO: C.11.1


MINUTES OF THE AIRPORT MANAGEMENT COMMITTEE MEETING - TUESDAY 24 OCTOBER 2017 - 3.30pm

PRESENT: Cr M Collison, Mr G Shopland, Mr B Wyndham, Mr R Pay, Mr R Foxcroft, Mr S Bridge, Mr M Clarke

IN ATTENDANCE: Mrs J McLoughlin; Mr A Foxcroft; Mrs R Endersby, Mr W Suckley

1. APOLOGIES

RECOMMENDATION

That the apologies received from Mr N Partridge be accepted. Moved: Mr Foxcroft Seconded: Mr Clarke CARRIED

2. DISCLOSURE OF INTEREST Mr Pay declared an interest in the Aviation Visitor Attraction 3. PREVIOUS MINUTES RECOMMENDATION

That the minutes of the Airport Management Committee Meeting held on 4 July 2017, as circulated, be taken as read and confirmed as a correct record. Moved: Mr Foxcroft Seconded: Cr Collison CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES Mrs McLoughlin advised that investigations had been undertaken into the kangaroos on site and that none of the pilots had observed kangaroos entering the aerodrome. Mrs McLoughlin confirmed that inspecting for kangaroos was part of the daily inspection process. 5. AGENDA ITEMS

AM.10.1 Airport Managers Report

PURPOSE The report provides details relating to the operational management of the airport, including WHS, current projects, financial and performance management. Update to MOS 139 Advised that a review of the draft MOS 139 is underway and will call a committee meeting towards the end of November to present the impact to UHSC & the Airport. Submissions close on 8 December 2017. Airport Security Advised that changes to airport security will be announced in the coming months. OLS Survey Annual inspection to occur on 23 October 2017

ATTACHMENT NO: 1 - AIRPORT MANAGEMENT COMMITTEE - 24 OCTOBER 2017 - MINUTES ITEM NO: C.11.1


Line Marking Line marking is to occur by the end of December. The line marking machine has been ordered by Council and will arrive mid November 2017. Airport Designs The committee was presented with the designs for drainage, pavement, and the concept drawings for the aviation visitor attraction. The committee were supportive of all designs and supportive of continuing to seek grant funding for construction. Council is preparing 2 grant applications at present. The total works are estimated to be $21,707,332. The grant applications are:

NSW - Growing Local Economies

NSW - Restart – Regional Growth - Environmental and Tourism RECOMMENDATION

That the Committee note the report and receive the information. Moved: Cr Collison Seconded: Mr Shopland CARRIED 6. ACTION SHEET Nil 7. CORRESPONDENCE Nil 8. GENERAL BUSINESS Mr R Foxcroft raised an issue with no water being available at the light hangar lots. Council advised that this was an issue due to the hangar with water being sold and that under Torrens title the ownership passed from the previous owner to the current owner. Mr Foxcroft asked if Council would install a water tap for everyone to use. This was not the preferred option, however, will be considered. Mr Shopland asked what was happening with the OLS beacons. Advised that these are in the process of being changed to LED lights which have a remote sensor to let us know when a globe has blown. This is a better option as not all the tower lights can be seen from the airport. 9. NEXT MEETING Tuesday 16 January 2018 at 3.30pm in the Barry Rose Room The meeting was declared closed at 4.20pm

ATTACHMENT NO: 2 - AIRPORT MANAGEMENT COMMITTEE - 4 JULY 2017 - MINUTES ITEM NO: C.11.1


MINUTES OF THE AIRPORT MANAGEMENT COMMITTEE MEETING - TUESDAY 4 JULY 2017 - 3.30pm

PRESENT: Cr Collison, Cr Bedggood, Cr Campbell, Mr Foxcroft, Mr Shopland, Mr

Bridge, Mr Pay, Mr Partridge

IN ATTENDANCE: Mr P Willard, Mr S Constable, Mr W Crockett, Mrs J McLoughlin

1. APOLOGIES RECOMMENDATION That the apologies received from Mr B Wyndham and Mr M Clark be accepted. Moved: Cr Bedggood Seconded: Mr Bridge 2. DISCLOSURE OF INTEREST Nil 3. PREVIOUS MINUTES RECOMMENDATION That the minutes of the extraordinary Airport Management Committee Meeting held on 23 March 2017, as circulated, be taken as read and confirmed as a correct record. Moved: Cr Bedggood Seconded: Mr Foxcroft That the minutes of the Airport Management Committee Meeting held on 2 May 2017, as circulated, be taken as read and confirmed as a correct record. Moved: Cr Collison Seconded: Mr Shopland 4. BUSINESS ARISING FROM PREVIOUS MINUTES Mr Constable advised that the expression of interest for the Aviation Visitor Centre was run and closed. Cr Bedggood requested information on how Council proposes to manage the driving of vehicles airside. Mrs McLoughlin advised that an update would be provided on this project during the meeting. 5. AGENDA ITEMS AM.07.1 Airport Managers Report PURPOSE The report provides details relating to the operational management of the airport, including WHS, current projects, financial and performance management. Airport Access Mr Foxcroft asked if driving access can be through the gate near the Aero Club. Mrs McLoughlin advised that until the risk assessment is completed and the access points determined it is acceptable to enter through that gate. This will be reviewed when determining the access points and the driving airside policy. Council may be required to review the level of security needed for the airport with the Office of Transport Security. Under the Aviation Transport Security Act & Regulations it may be a requirement that Scone Airport be a secure airport due to the type of air services that use the airport. Under the act and regulations secure airports also includes airports that have an air service in which a jet is



used or an aircraft with a certificated maximum take-off weight greater than 5,700kgs is used. The review of the airport security requirements will need to be undertaken prior to establishing the airside driving rules and airport access policy. If Council is notified that the airport is to be a secure airport then all operators including recreational operators will require an ASIC pass. Mr Crockett commented that if the airport is required to be a secure airport then a review of the air services may occur. Sealed area beyond Runway 11 Discussion was held with respect to the sealed area beyond the runway end line on the western end (runway 11). This area is a non-complying Runway End Safety Area (RESA) and has structural issues. To address the structural issues will cost an estimated $400k, however, the area will still not be a complying RESA and Civil Aviation Safety Authority (CASA) has advised that this area should be returned to grass. The committee advised that they do not need the area and do not use it due to the poor condition. The area is not mentioned in the En Route Supplement Australia (ERSA), so the runway length is 1404m and the runway end is where the end line is. Any pilot using the runway should be using what is in the ERSA and not relying on the extra sealed area at the end of runway 11. If an aircraft does go onto the sealed area then this is regarded as an incident and is to be reported to Air Services Australia. The Committee recommended that the sealed area should be removed and returned to a grass area. Runway Repair A maintenance program and cost estimate to complete the repairs to sections of the runway has been presented by Kamen Engineering. Cost estimates are in the vicinity of $2.5m for the runway repairs. The runway lighting will need to be replaced at the same time as the runway repairs due to the location of the underground electricity supply being where the future drainage works will be undertaken. Pavement and Drainage Design An update was provided on the status of the detailed design and engineering for the pavement and drainage requirements at the airport. Mrs McLoughlin advised that all of the surveys have been completed and that it is expected that the designs will be presented for review by end of July. Line Marking Discussion was held on the possibility of purchasing a line marking machine. The Committee agreed that this was a better long term solution then using contractors. Mr Crockett advised that there may be a machine already available from Council. RECOMMENDATION That the Committee note the report and receive the information. ACTION FOR COMMITTEE: Nil



6. ACTION SHEET

Item Details Responsible

Officer/s

Expected Completion

Date

Status

May – 4.2

Airport Drainage Study Detailed drainage plan to be completed

in 2017

Property & Business Coordinator

31/8/17 In progress

7 Airport Lighting Review – complete an options study and prepare business case for preferred upgrade option


31/8/17 In Progress

8 Investigate the pavement waves and determine if this can be resolved

This is included in the pavement design


31/8/17 In progress

7. CORRESPONDENCE Nil 8. GENERAL BUSINESS Mr Partridge advised that there are kangaroos on the runway and asked if these can be managed. Council will arrange for a culling program to be undertaken. 9. NEXT MEETING Tuesday 17 October at 3.30pm The meeting was declared closed at 4.40pm.




C.11.2 SCONE REVITALISATION COMMITTEE


AUTHOR: Sean Constable - Manager Business Enterprise & Tourism


1. note the minutes of the Scone Revitalisation Committee meeting held on 8 November 2017;

2. endorse the minutes of the Scone Revitalisation Committee meeting held on 19 September 2017; and

3. endorse the priority ranking as provided by the committee for inclusion in the detailed design and future funding options.

BACKGROUND The Scone Town Revitalisation Committee was established in February 2017. The committee’s purpose and objective is to provide advice and recommendations to Council on the implementation of the master plan to upgrade Scone CBD and surrounds, as adopted by Council on 27 June 2016 REPORT/PROPOSAL Given the expected cost of implementing the Scone CBD Master Plan as adopted by Council, there will be a number of funding options investigated once the detailed designs are completed. Funding may include general rates, grants, RMS contributions and a possible special rate variation. The committee was asked to rank in order of priority those elements within the Scone Master Plan they considered to be the most important for both inclusion in the detailed design scope and for implementation if funding becomes available. Although the committee considers all elements important they identified high priority (H) and lower priority (L) elements for Council consideration.

Key Priorities Rank

Street gardens, furniture and lighting

H

Strategic land purchases for public parking (future developments should provide for car parking, unsure as to the number of car spaces that will be available within the new street design)

L

Town entrance statements including prominent statues (this is to cover the four main entrances to town, the east and west entrances can be done immediately without waiting for the bypass to be completed). The entrances should also include digital signage at least on the highway to inform traffic and promote events.

H




Street banners and poles (this is already underway)

L

Public toilets other than 133 Kelly St (this is not considered the responsibility of the committee and is already addressed by the development of 133 Kelly St)

L

Provide car parking to bus/rail interchange –St Aubins to Susan St (this is not Council owned land and long vehicle parking should be provided for in the master plan in alternative locations)

L

Footpath widening – Susan to Kingdon Street – Improve pedestrian quality of Kelly Street with wider footpath, widen 2m each side:

- Construct new kerb and gutter - Construct new kerb returns - Pave Footpaths

H

Redesign Kelly Street with mix of 45 degree and parallel parking: - Reconstruct centre median pavement - Construct median barrier

H

Roundabouts: - Liverpool St (replace traffic lights) - Kingdon street - Susan Street - St Aubins St would only be needed if the St Aubins town

square is not developed - Construct roundabouts at Guernsey Street and Gundy

Road including new kerb returns (low priority as will depend on future traffic and street design)

H

Create town square through partial closure of St Aubins Street (it is important to design some green spaces in the town centre, Elizabeth Park is too far from the town centre, other locations would require the purchase and demolition of existing buildings which is cost prohibitive)

H

The committee considers the redesign of Kelly St (to include wider footpaths where possible, changed parking configurations, landscaping, tree planting, roundabouts for traffic flow, improved lighting, creation of green spaces and significant town entrance statements as the critical elements to the plan. All of these should be included in the scope of the detailed design as a minimum. Public toilets are important and should be included, however the redevelopment of 133 Kelly St for public toilets is not considered within the budget of the revitalisation committee.

ATTACHMENTS

1 Town Revitalisation Committee - Scone - 8 November 2017 - Minutes

2 Town Revitalisation Committee - Scone - 19 September 2017 - Minutes

ATTACHMENT NO: 1 - TOWN REVITALISATION COMMITTEE - SCONE - 8 NOVEMBER 2017 - MINUTES

ITEM NO: C.11.2


MINUTES OF THE TOWN REVITALISATION COMMITTEE - SCONE MEETING - WEDNESDAY 8 NOVEMBER 2017 - 6.00pm

PRESENT: Cr James Burns (Chair), Simon Davis, Jennifer Dawson, Kim Parkinson, Anne Frame, Steve Guihot, and Garry Gilkeson

IN ATTENDANCE: Sean Constable, Louisa Bragg

1. APOLOGIES

RECOMMENDATION TO COUNCIL:

That the apologies received from Peter Allen, Jo Fernandes and Paul Boniface be accepted. Moved: Jennifer Dawson Seconded: Garry Gilkeson CARRIED 2. DISCLOSURE OF INTEREST Nil 3. PREVIOUS MINUTES RECOMMENDATION TO COUNCIL :

That the minutes of the Town Revitalisation Committee - Scone Meeting held on 19 September 2017, as circulated, be taken as read and confirmed as a correct record.

Moved: Anne Frame Seconded: Jennifer Dawson CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES

List of suggested towns to visit regarding life after being bypassed: Goulburn, Yass, Gundagai, Branxton, Cessnock, Armidale Approach Councils and chambers for information and any strategies employed during and after the process. Suggested date 22/23 January 2018 Cr James Burns, Sean Constable and Committee Members – Garry Gilkeson, Anne Frame, Michael Burke.

5. AGENDA ITEMS

TRSc.11.1 Scone CBD Master Plan

PURPOSE The purpose of this report is to prioritise the design elements within the Scone Master Plan to assist with planning, design and funding. The detailed design of has to be limited in scope to reduce the cost of the design phase and also the implementation. For this reason the committee agreed that the focus should be on Kelly St, as this will be the focus for development in the future to create an environment that will encourage travellers to come to Scone and stop and shop. Although the cost of the elements is unknown at present, it is important to include all elements that should be included as a minimum (high priority) so that all funding avenues can be explored, including a special rate variation.


ITEM NO: C.11.2


The committee considered a table of key priorities that were identified within the Scone Master Plan and subsequent planning meetings of Councillors. The committee determined that elements that were critical to the design would receive a high priority (H) and should be a focus for implementation, those that were important but could be delayed in implementation received a medium priority (M) and those elements that were either already being implemented as quick wins or addressed through other avenues were given a low priority (L).

Key Priorities Rank

Street gardens, furniture and lighting

H

Strategic land purchases for public parking (future developments should provide for car parking, unsure as to the number of car spaces that will be available within the new street design)

L

Town entrance statements including prominent statues (this is to cover the four main entrances to town, the east and west entrances can be done immediately without waiting for the bypass to be completed). The entrances should also include digital signage at least on the highway to inform traffic and promote events.

H

Street banners and poles (this is already underway)

L

Public toilets other than 133 Kelly St (this is not considered the responsibility of the committee and is already addressed by the development of 133 Kelly St)

L

Provide car parking to bus/rail interchange –St Aubins to Susan St (this is not Council owned land and long vehicle parking should be provided for in the master plan in alternative locations)

L

Footpath widening – Susan to Kingdon Street – Improve pedestrian quality of Kelly Street with wider footpath, widen 2m each side:

- Construct new kerb and gutter - Construct new kerb returns - Pave Footpaths

H

Redesign Kelly Street with mix of 45 degree and parallel parking: - Reconstruct centre median pavement - Construct median barrier

H

Roundabouts: - Liverpool St (replace traffic lights) - Kingdon street - Susan Street - St Aubins St would only be needed if the St Aubins town

square is not developed - Construct roundabouts at Guernsey Street and Gundy

Road including new kerb returns (low priority as will depend on future traffic and street design)

H

Create town square through partial closure of St Aubins Street (it is important to design some green spaces in the town centre, Elizabeth Park is too far from the town centre, other locations would require the purchase and demolition of existing buildings which is cost prohibitive)

H


ITEM NO: C.11.2


RECOMMENDATION

That Council endorse the priority ranking as provided by the committee for inclusion in the detailed design and future funding options.

Moved: K Parkinson Seconded: G Gilkeson CARRIED

ACTION FOR COMMITTEE: Nil

TRSc.11.2 Scone Town Branding

PURPOSE Ideation Group undertook the initial branding workshop with the committee to provide background information that will assist in developing the brand creative. The purpose of the workshop was to identify the unique character of Scone that can be captured in the brand creative. It was agreed that the existing Upper Hunter Country regional brand should be retained and used as the basis for the development of the brand creative. This will give the brand a consistency across the towns whilst providing individual character.

ACTION FOR COMMITTEE: Nil

6. ACTION SHEET

Attached 7. CORRESPONDENCE

Lions Club of Scone – Letter requesting minutes and agendas and attendance at meetings.

8. GENERAL BUSINESS

February meeting – Robert Thurgood, Scone Lions Club will present the club’s ideas regarding a town clock for Scone

9. NEXT MEETING 11 December 2017 at 6.00pm - Anne Frame’s house, Guernsey Street, Scone. Catering to be provided for the committee and capped at $20 per head The meeting was declared closed at 8.00pm.


ITEM NO: C.11.2


SCONE TOWN REVITALISATION COMMITTEE

NOVEMBER 2017 ACTION SHEET

Item No

Action Responsible Officer

Progress Completion due by

6 Prepare request for quote for detailed design of Scone Master Plan for review by committee

A Fletcher Commenced October 2017

7 Provide mock-ups of some suggested banner designs

S Constable Deferred pending branding

5 July 2017

10 Investigate options for installation of Wi-Fi within the Scone town centre

S Constable Underway

12 Engage consultants for branding S Constable

Ideation Group engaged, workshops commenced

13 Discuss communication strategy with Council Comms Team

S Constable Completed

14 Book accommodation and contact council and chambers of commerce in preparation for bypass trip

S Constable 22/23 November

ATTACHMENT NO: 2 - TOWN REVITALISATION COMMITTEE - SCONE - 19 SEPTEMBER 2017 - MINUTES

ITEM NO: C.11.2


MINUTES OF THE TOWN REVITALISATION COMMITTEE - SCONE MEETING - TUESDAY 19 SEPTEMBER 2017 - 6.00pm

PRESENT: Cr James Burns (chair), Simon Davis, Peter Allen, Kim Parkinson, Anne Frame, Michael Burke, Garry Gilkeson

IN ATTENDANCE: Sean Constable

1. APOLOGIES

RECOMMENDATION TO COUNCIL :

That the apologies received from Jeni Dawson, Paul Boniface, Jo Fernandes, Steve Guihot and Acey Firth be accepted.

Moved: M Bourke Seconded: G Gilkeson CARRIED

2. DISCLOSURE OF INTEREST NIL 3. PREVIOUS MINUTES

RECOMMENDATION TO COUNCIL

That the minutes of the Town Revitalisation Committee - Scone Meeting held on 2 August 2017, as circulated, be taken as read and confirmed as a correct record.

Moved: A Frame Seconded: S Davis CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES 5. AGENDA ITEMS

TRSc.09.1 Detailed Street Design Prioritisation

PURPOSE The purpose of this report is to prioritise the design elements within the Scone Master Plan to assist with planning and funding. The committee requested further time to review the list of projects provided, as new ones have been added, and defer the decision to the next meeting. The committee also requested the presence of the General Manager to attend the next meeting to answer questions of the committee. Maintenance and improvements to the Kelly St gardens are still not being undertaken to a standard that is expected of the committee and the public. It is disappointing that this issue has been raised by the committee continually for 6 months now and it appears that there has been no improvement. The committee agreed to utilise Council’s Action Request system to notify of any issues identified within the main street such as damaged furniture, dead plants and trees, etc.


ITEM NO: C.11.2


RECOMMENDATION TO COUNCIL

That the committee defer the prioritisation of the projects within the master plan until the next meeting so that the committee members have time to consider each fully.

Moved: K Parkinson Seconded: P Allen CARRIED That Council immediately undertake cleaning of the Kelly St sidewalks using a pressure cleaner and clean up and plant out the existing centre median with colourful plants and flowers. Moved: M Burke Seconded: S Davis CARRIED The committee noted that the master plan identifies the need for public parking and access to Kelly St from both Farram Lane and Main Street. The plan at present shows that Council has invested in the creation of public parking in Farram Lane and has purchased 133 Kelly St to facilitate the construction of public toilets and access to Kelly St. It is also noted that there is limited public parking off Main St and a lack of public toilets in the eastern side of Kelly St. For this reason the committee would like Council to continue investigations into strategic property purchases to the east of Kelly St that may facilitate further public parking and public toilets. It is hoped that any development could also facilitate the development of the proposed St Aubins St green space. RECOMMENDATION TO COUNCIL That Council investigate strategic land purchases for balanced car parking on the eastern side of Kelly Street and Main Street

Moved: G Gilkeson Seconded: M Bourke CARRIED 6. ACTION SHEET Attached 7. CORRESPONDENCE Scone Lions Club outgoing and incoming correspondence. 8. GENERAL BUSINESS Communication The Committee feel that they are doing good work in progressing the Scone Master Plan, however the public is not receiving any information about what they are doing. For this reason it would be appropriate for Council to provide regular updates on committee activities to the public. This could be achieved through social media stories, newsletters or media releases. It would be useful to communicate what all four revitalisation committees are undertaking. This is also an opportunity to remind the public that there is a formal Action Request process whereby the public can identify issues that require fixing, rather than complaining to others or telling a staff member in the hope that they forward the information on to the appropriate person.

ACTION FOR COMMITTEE: That Council coordinate its communications team to produce regular revitalisation committee updates.


ITEM NO: C.11.2


Impacts of town bypasses It is important to understand the impacts of highway bypasses on regional towns. Studies have been undertaken by RMS and these have been presented to the committee in the past. What the committee would like to see and understand is what the town looks like after a bypass is opened, especially with respect to the retail mix and types of businesses that survive and thrive post bypass. This can only be achieved by visiting the towns and talking to business people, chambers of commerce and council staff in those towns. RECOMMENDATION TO COUNCIL

That Council provide the funding for the committee members to visit nominated towns that have been impacted by by-passes in NSW and report back to the Council.

Moved: K Parkinson Seconded: P Allen CARRIED 9. NEXT MEETING The meeting was declared closed at 7.50pm.




C.11.3 MURRURUNDI REVITALISATION COMMITTEE




1. Note the minutes of the Murrurundi Revitalisation Committee meeting held on 6 November 2017;

2. Endorse the minutes of the Murrurundi Revitalisation Committee meeting held on 16 October 2017; and

3. Once received, place the final draft Murrurundi Heritage Trail Plan on public exhibition for a minimum of 28 days.

BACKGROUND The purpose and objectives of the Murrurundi Town Revitalisation Committee is to provide advice and recommendations to Council on the implementation of the master plan to upgrade Murrurundi CBD. REPORT/PROPOSAL Murrurundi Heritage River Trail

No comments or feedback were provided by the committee following the presentation of the draft trail plan by Birdseye Studios, therefore the final plans and costings will now be developed by the consultants. The detailed designs will include trail stages to allow development to occur in clear stages as funding allows.

The final plans will be provided to Council in December 2017. Given both the committee and Council have endorsed the draft plans, it is proposed that the final plans be placed on public exhibition for a period of 42 days following receipt of the final plans. Murrurundi Town Branding

Ideation Group facilitated a workshop with the committee to further develop the town’s unique identity and brand positioning.

This information will assist the consultants in developing the brand creative which they will provide to the next committee meeting for consideration.

ATTACHMENTS

1 Town Revitalisation Committee - Murrurundi - 6 November 2017 - Minutes

2 Town Revitalisation Committee - Murrurundi - 16 October 2017 - Minutes

ATTACHMENT NO: 1 - TOWN REVITALISATION COMMITTEE - MURRURUNDI - 6 NOVEMBER 2017 - MINUTES

ITEM NO: C.11.3


MINUTES OF THE TOWN REVITALISATION COMMITTEE - MURRURUNDI MEETING - MONDAY 6 NOVEMBER 2017 - 18.00

PRESENT: Cr Josh Brown, Lynne Mahony, Margie Cooper, Ray Hynes, Rodney Swansborough, Dinah Norton

IN ATTENDANCE: Sean Constable, Judy Hynes, Sandy Archibald, Paula Dykes, Robyn Orman, Barbara Morgan

1. APOLOGIES

There were no apologies.

2. DISCLOSURE OF INTEREST Nil 3. PREVIOUS MINUTES RECOMMENDATION

That the minutes of the Murrurundi Town Revitalisation Committee meeting held on 16 October 2017, as circulated, be taken as read and confirmed as a correct record.

Moved: Lynne Mahony Seconded: Ray Hynes CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES 5. AGENDA ITEMS

5.1 Murrurundi Heritage River Trail The draft trail plan was provided to the committee at its October meeting. There was no feedback provided to Council following this presentation. Some items that were not considered important can be delayed in the implementation phase, however they should be included in the design and costing. The final plan will now be completed by Birdseye Studio and it will then be placed on public exhibition. The plan will include staging based on three distinct trail stages as identified by the committee. RECOMMENDATION TO COUNCIL That Council place the final draft Murrurundi Heritage Trail Plans, once received, on public exhibition for a period of 42 days. Moved: Cr Brown Seconded: R Hynes CARRIED


ITEM NO: C.11.3


5.2 Murrurundi Town Branding Louisa Bragg of Ideation Group took the group through a workshop session to develop ideas around the identity of Murrurundi and what makes it unique. Material developed in a previous community workshop was provided to Louisa for background. A second workshop will be conducted to present ideas from this first workshop and then present some concepts and options for the committee’s consideration. The brand “creative” will be developed that can then be used in promotion of Murrurundi through banners, pubic art, publications, brochures, etc.

6. ACTION SHEET Attached 7. CORRESPONDENCE 8. GENERAL BUSINESS Railway water tower It was noted that the old railway water tower located at the corner of Halls Road and Mount St is owned by Council. The land is owned by the rail authority. Council has provided $5,000 towards the cost of an engineer’s report to determine the condition of the tank. Local volunteers have offered their time and effort to undertake a site clean-up. Visit to Murrurundi by Barnaby Joyce Barnaby Joyce will visit Murrurundi on 15 November as part of his campaign trail. The community will provide plans and budgets for different projects for the town so that he is aware of what is happening and what the priorities are. 9. NEXT MEETING

November 20th, 2017 – 6.00pm The meeting was declared closed at 7.15pm.


ITEM NO: C.11.3


MURRURUNDI TOWN REVITALISATION COMMITTEE NOVEMBER 2017 ACTION SHEET

Item No



3 Undertake a building audit of Mayne Street and report to committee

S Constable / S Seckold

Audit undertaken

Aug 2017

5 Investigates types and costs of LED signs for RTC S Constable Commenced, options provided

July 2017

7

Prepare a request for quote document for the detailed design of the Murrurundi CBD including a scope of works that reflects the priorities identified in the master plan

Council Project Team

Underway July 2017

8 Arrange for a community presentation of the plan and priorities

Committee August 2017

11 Provide a copy of the Merriwa Street design for the next meeting

S Constable August 2017

12 Photos of trough to be provided to Sean Constable, mock-ups to be provided to the committee

Committee / S Constable

Underway July 2017

15 Provide excel copy of trail costing to Ray Hynes S Constable Completed 11 October

2017

16

ATTACHMENT NO: 2 - TOWN REVITALISATION COMMITTEE - MURRURUNDI - 16 OCTOBER 2017 - MINUTES

ITEM NO: C.11.3


MINUTES OF THE MURRURUNDI TOWN REVITALISATION COMMITTEE MEETING - MONDAY 16 OCTOBER 2017 - 1.30pm

PRESENT: Cr Josh Brown, Lynne Mahony, Ray Hynes, Rodney Swansborough, Dinah Norton

IN ATTENDANCE: Ben Birdseye (Birdseye Studios), Louisa Bragg (Ideation Group), Judy Hynes, Robyn Orman, Mandy Archibald, and Sandy Archibald

1. APOLOGIES RECOMMENDATION That the apology received from Margie Cooper be accepted. Moved: Rodney Swansborough Seconded: Ray Hynes CARRIED 2. DISCLOSURE OF INTEREST 3. PREVIOUS MINUTES RECOMMENDATION That the minutes of the Town Revitalisation Committee - Murrurundi Meeting held on 21 August 2017, as circulated, be taken as read and confirmed as a correct record. Moved: Ray Hynes Seconded: Rodney Swansborough CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES

4.1 Question regarding resolution for the future maintenance of Pages River – Council resolved to defer a decision pending more information in relation to future maintenance costs and resourcing requirements.

4.2 Concern about the Let’s Eat Café and public safety. Requested that Council review the public safety issues relating to the building and especially asbestos sheeting that is falling off the building to see if any action can be taken against the owners. Some committee members advised that they would be happy to provide materials if a contractor can make the repairs.

5. AGENDA ITEMS

TRMd.10.1 Murrurundi Heritage River Trail

PURPOSE The purpose of this report is to provide the committee with the draft plans for the trail and receive any feedback for incorporation into the final plan for exhibition. The committee provided feedback to Birdseye Studio regarding the draft trail plan provided. This feedback can be summarised as:

In general the committee supports the trail alignment as provided The inclusion of parklands is a benefit to the local community and visitors and can provide

access to the river from the school side of the river rather than the steeper bank on the opposite side.

All landowners that have been consulted are supportive of the project and some are prepared to provide part of their land to ensure the trail goes ahead. Council may have to undertake

ATTACHMENT NO: 2 - TOWN REVITALISATION COMMITTEE - MURRURUNDI - 16 OCTOBER 2017 - MINUTES

ITEM NO: C.11.3


some boundary adjustments. Good directional and interpretive signage is needed. This signage should reflect the branding Some river bank stabilisation will be needed in sections There may be sections of the trail that will not be fully accessible. The trail markers and maps

will need to identify the sections that are not accessible. The local Pages River Warriors Landcare Group has received some grant funding for a

playground near the school, this will fit nicely into the proposed green space designed A second trail on the northern side of the river has been included The purpose is to keep the area a s parkland for access and maintenance. There is already a

trail here, being used, as it has been cleared of weeds. The committee agreed that the important thing is to get the trail constructed and then work on the other items such as structures, public art, etc.

RECOMMENDATION That the committee endorse the concept plan, with minor adjustments, as provided by Birdseye Studio. Moved: Ray Hynes Seconded: Cr Josh Brown CARRIED ACTION FOR COMMITTEE: to provide feedback to Sean Constable within two weeks, which will be collated and provide to Birdseye Studio

TRMd.10.2 Murrurundi Town Branding

PURPOSE The purpose of this report is to provide the committee with background information in relation to town branding and the engagement of Ideation Group. Ideation Group has been engaged by Council to undertake town branding in Murrurundi. Louisa Bragg (consultant) presented a summary of the project. She will attend the following meeting and undertake a workshop with the committee to begin developing the brand. RECOMMENDATION That the committee note the report. ACTION FOR COMMITTEE: Council to provide the Murrurundi planning report from previous community engagement process and the town masterplan documents 6. ACTION SHEET

Attached 7. CORRESPONDENCE 8. GENERAL BUSINESS 9. NEXT MEETING – 6 November, 2017 at 6.00pm The meeting was declared closed at 3.15pm.

ATTACHMENT NO: 2 - TOWN REVITALISATION COMMITTEE - MURRURUNDI - 16 OCTOBER 2017 - MINUTES ITEM NO: C.11.3


MURRURUNDI TOWN REVITALISATION COMMITTEE OCTOBER 2017 ACTION SHEET

Item No Action Responsible Officer Progress Completion due by

3 Undertake a building audit of Mayne Street and report to committee S Constable / S Seckold Audit undertaken Aug 2017

5 Investigates types and costs of LED signs for RTC S Constable Commenced, options provided

July 2017

7 Prepare a request for quote document for the detailed design of the Murrurundi CBD including a scope of works that reflects the priorities identified in the master plan

Council Project Team Underway July 2017

8 Arrange for a community presentation of the plan and priorities Committee August 2017

11 Provide a copy of the Merriwa Street design for the next meeting S Constable August 2017

12 Photos of trough to be provided to Sean Constable, mock-ups to be provided to the committee

Committee / S Constable July 2017

13 Committee to provide feedback on trail plans to Sean Constable Committee October 2017

14 Provide previous planning documents to Ideation Group S Constable Completed October 2017




C.11.4 ABERDEEN REVITALISATION COMMITTEE




1. endorse the minutes of the Aberdeen Revitalisation Committee meeting held on 16 October 2017;

2. note the minutes of the Aberdeen Revitalisation Committee meeting held on 13 November 2017; and

3. place the final draft of the Aberdeen River Trail Plan, once received, on public exhibition for a minimum of 28 days.

BACKGROUND The purpose and objectives of the Aberdeen Town Revitalisation Committee is to provide advice and recommendations to Council on the implementation of the master plans to upgrade Aberdeen CBD and surrounds, as adopted by Council on 27 June 2016. REPORT/PROPOSAL Detailed Street Design Alan Fletcher advised that the Consultant Brief for the detailed landscaping design street plan will be finalised by the end of November 2017. Aberdeen River Trail It is expected that the final plans and costings will be provided to Council in December. Given the draft plans were endorsed by the committee and Council in October, it would be appropriate to place the final draft plans, once received, on public exhibition when they are made available. The exhibition process will include Facebook, Aberdeen Whisper, Council websites and copies in the library. Aberdeen Town Branding Ideation Group reviewed the significant work that was undertaken by Katherine Brooks and the committee previously. This information was used as a basis for a workshop conducted at the meeting by Louisa Bragg. It was confirmed that the unique proposition for Aberdeen is the Hunter River and its Scottish Heritage. At present the Scottish heritage is reflected in street names and the town name, however there is little else in Aberdeen that supports this promise of a “little piece of Scotland on the banks of the Hunter River”. Therefore the committee discussed options for local businesses to engage with this theme and provide an experience for visitors to encourage them to stop and stay. This may include whisky displays, local food manufacture of Scottish dishes, planting of Scottish flora, etc.




The Scottish thistle formed a brand of the local butter and is utilised by the Highland Games and some other local businesses. This is an opportunity to create some real focus and power behind such a brand image. The river trail will provide an opportunity for locals and visitors to engage with the Hunter River more, and this is also a prime location to showcase the Scottish heritage through interpretive signage and public art. Ideation Group will now develop the brand creative and return with concepts for the committee’s consideration in December.

ATTACHMENTS

1 Town Revitalisation Committee - Aberdeen - 16 October 2017 - Minutes

2 Town Revitalisation Committee - Aberdeen - 13 November 2017 - Minutes

ATTACHMENT NO: 1 - TOWN REVITALISATION COMMITTEE - ABERDEEN - 16 OCTOBER 2017 - MINUTES

ITEM NO: C.11.4


MINUTES OF THE TOWN REVITALISATION COMMITTEE - ABERDEEN MEETING - MONDAY 16 OCTOBER 2017 - 6.00pm

PRESENT: Cr Kiwa Fisher, Carol Ray, Elizabeth Birch, Judi Morgan, John Mitchell,

Nick Price


1. APOLOGIES RECOMMENDATION That the apologies received from Cr Sue Abbott, Tony Berry, Frank Heap and Katherine Brooks be accepted.

Moved: J Mitchell Seconded: C Ray CARRIED 2. DISCLOSURE OF INTEREST

Nil 3. PREVIOUS MINUTES RECOMMENDATION That the minutes of the Town Revitalisation Committee - Aberdeen Meeting held on 22 August 2017, as circulated (as amended), be taken as read and confirmed as a correct record.

Moved: J Mitchell Seconded: Cr Fisher CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES

Request from Committee for Alan Fletcher to attend next meeting. 5. AGENDA ITEMS

TRAb.10.1 Aberdeen River Trail

PURPOSE

The purpose of this report is to provide the committee with the draft plans for the trail and receive any feedback for incorporation into the final plan for exhibition.

Need to break trail works down into sections because the cost of the trail will not be funded at one time, it is suggested to break the entire trail into three stages. Stage 3, from St Andrews Reserve and terminating at Gordon St will be designed, however due to the terrain and lower benefit this may not be developed at all.

A trail can be ‘scratched in’ at a reasonably low cost, and upgraded to a formed rubble trail as funding allows. (Costings will be provided for the alternative construction methods)

Need signage installed on the road leading to the new park below the new bridge as this is a shared vehicle/pedestrian track

Need to consider the trail treatment to be used at the escarpment on Abercairney Terrace. There are a number of alternatives (steps, switchbacks, boardwalk). This is the best area for views of the river and landscape so the boardwalk should be designed and costed for inclusion. An alternative solution may be needed in the interim to allow walkers to traverse the area. The construction material would be a fiberglass composite material that is long lasting and stronger than timber. It would also include stainless steel handrails.

Stage 1 will be the loop around the sports grounds, this will be the simplest and cheapest to construct as most of the trail already exists and most is on grade.


ITEM NO: C.11.4


RESOLUTION

1. That Council commit an extra $4,300 from the Aberdeen Revitalisation funds to undertake survey, geotech and engineering design for the boardwalk Stage 2, as per original submission from Birdseye Studio.

Moved: Cr Fisher Seconded: N Price CARRIED

2. That the committee endorse the draft trail plan as presented by Birdseye Studio.

Moved: J Mitchell Seconded: J Morgan CARRIED

ACTION FOR COMMITTEE: To contact the owners of the land to investigate options for continuation of the trail past the St Andrews Reserve.

TRAb.10.2 Aberdeen Town Branding

PURPOSE The purpose of this report is to provide the committee with background information in relation to town branding and the engagement of Ideation Group. Louisa Bragg, as lead consultant for Ideation Group, will undertake a consultation process to develop the individual brand concepts for Aberdeen. The committee will consider the concepts developed and endorse one for Council consideration and public exhibition. RECOMMENDATION That the committee note the report. ACTION FOR COMMITTEE: Nil

TRAb.10.3 Detailed Street Design

PURPOSE The request for quote documentation is still being developed by Council’s Project Team. It is proposed to seek a landscape architect firm which will then be subcontract other professional services such as traffic, stormwater, civil, etc. The committee noted that RMS surveyors and borers have been seen working near the rose garden corner – Alan Fletcher to provide an update at the next meeting. RECOMMENDATION That the committee note the report. 6. ACTION SHEET 7. CORRESPONDENCE 8. GENERAL BUSINESS

Silo project is a non-starter as they are due to be demolished shortly. Need better directional signage needs to be installed directing people to St Andrews Reserve as this is a very popular place for overnight camping now. The Committee needs to promote the work it is doing more through the Council Communications Team.


ITEM NO: C.11.4


ACTION FOR COMMITEE: Cr Fisher to provide information to Council’s Communications Team 9. NEXT MEETING

Monday 13 November, 2017 The meeting was declared closed at 7.30pm.

ATTACHMENT NO: 2 - TOWN REVITALISATION COMMITTEE - ABERDEEN - 13 NOVEMBER 2017 - MINUTES

ITEM NO: C.11.4


MINUTES OF THE TOWN REVITALISATION COMMITTEE - ABERDEEN MEETING - MONDAY 13 NOVEMBER 2017 - 6.00pm

PRESENT: Cr Lorna Driscoll (Chair), Carol Ray, Elizabeth Birch, Judi Morgan, John Mitchell, Katherine Brooks


1. APOLOGIES

RECOMMENDATION

That the apologies received from Cr Kiwa Fisher, Cr Sue Abbott, Tony Berry, Frank Heap and Nick Price be accepted. Moved: J Mitchell Seconded: J Morgan CARRIED 2. DISCLOSURE OF INTEREST 3. PREVIOUS MINUTES RECOMMENDATION

That the minutes of the Aberdeen Town Revitalisation Committee meeting held on 16 October 2017, as circulated, be taken as read and confirmed as a correct record. Moved: J Mitchell Seconded: C Ray CARRIED 4. BUSINESS ARISING FROM PREVIOUS MINUTES

Noted that Council endorsed the extra $4,300 for engineering design work for the Aberdeen River Trail boardwalks and also endorsed the draft trail design as recommended by the committee.

5. AGENDA ITEMS

Detailed Street Design Alan Fletcher advised that the Consultant Brief for the detailed landscaping design street plan will be finalised by the end of November 2017. Aberdeen River Trail Given there was no feedback from the committee, the draft plans that were presented to the committee by Birdseye Studios in October will now be finalised. It is expected that the final plans and costings will be provided to Council in December. Given the draft plans were endorsed by the committee and Council in October, it would be appropriate to place the final draft plans, once received, on public exhibition when they are made available. The exhibition process will include Facebook, Aberdeen Whisper, Council websites and copies in the library.

ATTACHMENT NO: 2 - TOWN REVITALISATION COMMITTEE - ABERDEEN - 13 NOVEMBER 2017 - MINUTES

ITEM NO: C.11.4


RECOMMENDATION TO COUNCIL That Council place the final draft Aberdeen River Trail Plans, once received, on public exhibition for a period of 42 days. Moved: Cr Driscoll Seconded: E Birch CARRIED Aberdeen Town Branding Ideation Group reviewed the significant work that was undertaken by Katherine Brooks and the committee previously. This information was used as a basis for a workshop conducted at the meeting by Louisa Bragg. It was confirmed that the unique proposition for Aberdeen is the Hunter River and its Scottish Heritage. At present the Scottish heritage is reflected in street names and the town name, however there is little else in Aberdeen that supports this promise of a “little piece of Scotland on the banks of the Hunter River”. Therefore the committee discussed options for local businesses to engage with this theme and provide an experience for visitors to encourage them to stop and stay. This may include whisky displays, local food manufacture of Scottish dishes, planting of Scottish flora, etc. The Scottish thistle formed a brand of the local butter and is utilised by the Highland Games and some other local businesses. This is an opportunity to create some real focus and power behind such a brand image. The river trail will provide an opportunity for locals and visitors to engage with the Hunter River more, and this is also a prime location to showcase the Scottish heritage through interpretive signage and public art. Ideation Group will now develop the brand creative and return with concepts for the committee’s consideration in December.

6. ACTION SHEET

Attached 7. CORRESPONDENCE

Email from Alan Fletcher confirming action update 8. GENERAL BUSINESS 9. NEXT MEETING The next meeting of the Aberdeen Revitalisation Committee will be held on Tuesday 5 December at the Aberdeen Community Hall commencing at 6.00pm. The meeting was declared closed at 7.50pm.

ATTACHMENT NO: 2 - TOWN REVITALISATION COMMITTEE - ABERDEEN - 13 NOVEMBER 2017 - MINUTES ITEM NO: C.11.4


ABERDEEN TOWN RVITALISATION COMMITTEE NOVEMBER 2017 ACTION SHEET

Item No



2 Seek clarification from RMS as to tree planting along the highway leading into Aberdeen gateways

A Fletcher Letter sent to RMS, awaiting response Dec 2017

3 Seek clarification from RMS as to plans for New England Highway alignment at Rose Garden

A Fletcher Letter sent to RMS, awaiting response Dec 2017

5 Prepare a draft Consultant Brief for the detailed landscaping design street plan for Macqueen St

A Fletcher To be finalised in November 2017 Dec 2017

7 Provide mock-ups for Aberdeen Banners and street furniture S Constable Completed furniture, banner design deferred pending the branding strategy and campaign development

Sep 2017

14 Investigate ownership and land use conflicts for property where the trail will go

S Constable/ K Fisher

Awaiting return of Cr Fisher October 2017




C.11.5 EXTRAORDINARY MEETING OF MERRIWA TOURISM AND PROMOTION COMMITTEE




1. Endorse the minutes of the Merriwa Tourism and Promotion Committee meeting held on 12 October 2017;

2. Note the minutes of the extraordinary meeting of the Merriwa Tourism and Promotion Committee held on 23 October 2017; and

3. Seek further design options from the artist for the Merriwa silo art project and place four options on public exhibition for a minimum of 28 days once the committee determines the short list.

BACKGROUND The purpose of the Committee is to encourage economic development and tourism, develop tourism infrastructure and promote Merriwa and the Upper Hunter Shire on a local, regional, and national basis.

The Committee is also responsible for making recommendations in relation to the Merriwa Town Master Plan implementation. The committee was tasked with selecting an artist for the Merriwa Silo Art Project. Following a selection process the committee recommended that Council engaged artist Sydney (Sid) Tapia through Authority Creative to paint a mural on the GrainCorp silos in Merriwa. The artist undertook community engagement in Merriwa during September. REPORT/PROPOSAL The Committee received a number of options from the artist, which were considered at the 12 October meeting. The committee agreed that the intergenerational concept was the best option, however they requested that the artist include sheep with red socks as this is distinctive to Merriwa. Following this meeting, a photo of the preferred option was posted on Facebook. Several locals then questioned the process that the committee had followed to select the final concept and why the chair of the committee and his family had been selected as the subject of the picture. Many options were posted, all of which had been raised through the previous community consultation process and either included or rejected by the artist. A further meeting was called on 23 October and several local residents attended this meeting to voice their concerns. Once the committee explained the process the residents were happier about the process. The committee requested further options from the artist. The committee will then consider all options provided and short list these to four concepts. The final four will then be placed on public exhibition for comment and consideration by the committee and Council.




The mural was to be completed by December 2017. Given the extra community engagement that has been proposed and the requirement to lodge a development application with Council, it would be expected that the works will not commence until March 2018, to avoid the extreme weather conditions over summer. This timing will be dependent on negotiations with GrainCorp for access to the site and the availability of the artist.

ATTACHMENTS

1 Merriwa Tourism & Promotion Committee - 12 October 2017 - Minutes

2 Merriwa Tourism & Promotion Committee - 23 October 2017 - Minutes

ATTACHMENT NO: 1 - MERRIWA TOURISM & PROMOTION COMMITTEE - 12 OCTOBER 2017 - MINUTES

ITEM NO: C.11.5


Minutes of the Merriwa Tourism and Promotional Committee Meeting - Thursday, 12 October 2017

PRESENT: Cr Ron Campbell (chair), Barbara Campbell, Jan Cronin, Glen Hunt, Debbie Hunt, Louise Gill, Gayle Bates, Kim Clydsdale

IN ATTENDANCE: Louise Bragg, Kim Fenley, Sean Constable, Alan Fletcher, Peta Luke

1. APOLOGIES

RECOMMENDATION

That the apology received from Dianne Inder be accepted. Moved K Clydsdale Seconded: B Campbell CARRIED 2. DISCLOSURE OF INTEREST

Nil

3. PREVIOUS MINUTES RECOMMENDATION

That the minutes of the Merriwa Tourism & Promotion Committee Meeting held on 14 August 2017, as circulated, be taken as read and confirmed as a correct record. Moved: G. Hunt Seconded: J. Cronin Carried 4. BUSINESS ARISING FROM PREVIOUS MINUTES 5. AGENDA ITEMS

10.1 Town Branding Ideation Group, led by Louisa Bragg, will work with the local community to develop a brand identity for Merriwa. This identity will reflect the town “theme” or story. It will also be consistent with the existing regional branding. A SWOT (Strengths, Weaknesses, Opportunities and Threats) analysis was used to undergo committee participation. Once the brand elements are developed and agreed to, they can be applied to things such as street furniture, bins, signage, street banners, public art, websites, promotional material, souvenirs, etc. The cost of the branding activity for Merriwa will be approximately $4,500, which will be funded from the revitalisation fund. There was significant savings gained by engaging one firm to undertake the branding for all four towns.

10.2 Merriwa Silo Art Project Sid Tapia, has provided the committee with a range of suggested images, the committee have agreed that the “generational” image with three generations, was the most suitable although would like to have a sheep in red socks incorporated within it.


ITEM NO: C.11.5


The committee also chose to leave the faces as those depicted in the initial designs done by Sid Tapia as there was no concensus of who should be shown on the picture. If the Campbell family is not preferred another group of faces could be used.

10.3 Reinstatement of Heritage Lamp The Merriwa Progress Association had requested that Council replace the heritage lamp that had been removed from the corner of Bettington and Venacher Streets. K Fenley confirmed that it was only the light bulb that needed replacing.

6. ACTION SHEET – OCTOBER 2017

Item No



8

Silo Art Project Signing of contract Community Engagement Completion of works

A Fletcher

Sid Tapia contracted. Engagement underway

December 2017

9 Investigate Future use of Rail Corridor and provide detailed analysis of options

S Constable Ongoing

10 Investigate possible use of Merriwa River above the weir

S Constable, R Campbell

Further investigations required

11 Entrance Statements – Cost of frame and Reflective material to go behind the artwork

S. Constable Backing sheets ordered.

October 2017

7. CORRESPONDENCE

Nil 8. GENERAL BUSINESS

Nil 9. NEXT MEETING The meeting was declared closed at 7:45pm .


ITEM NO: C.11.5


MINUTES OF THE EXTRAORDINARY MERRIWA TOURISM & PROMOTION COMMITTEE OF UPPER HUNTER SHIRE COUNCIL HELD ON MONDAY 23 OCTOBER

PRESENT: Cr R Campbell, B Campbell, G Hunt, C McConnell, K Clydsdale, D

Inder, G Bates, (late: D Hunt, J Cronin,)

IN ATTENDANCE: A Fletcher, P Luke, S Shearman, B Redgate, M Cronin, S Baber, J Baber, M Richards, D Peebles, J Witton, A Carroll, K Austin, B Nutt, J Constable.

1. APOLOGIES RECOMMENDATION That the apologies received from D. Hunt and J. Cronin (will be in attendance later) be accepted. 2. DISCLOSURE OF INTEREST

3. PREVIOUS MINUTES RECOMMENDATION Will be read out at the next meeting. 4. BUSINESS ARISING FROM PREVIOUS MINUTES Nil 5. AGENDA ITEMS

Graincorp Silo Art A. Fletcher read out the Media release dated 23 October 2017 from Upper Hunter Shire Council, the artwork depicted on Facebook was incorrect in stating that it was the final art image. The proposal for all five artworks issued by the artist be displayed for public view. B. Campbell stated that the Merriwa history is depicted on the Town entry statements, with the pony club, wheat, cattle and sheep, that we did not need that same theme on the silos. C. McConnell read out the minutes of a previous meeting stating that the committee was waiting for further artworks with the facial images not yet accepted and would be considered to be painted as non-descriptive. G. Hunt made comment that the artwork needed to be made bright to ensure that it was seen whilst driving past D. Inder talked about the artwork being too busy and cluttered if too much was tried to be put into the image. C. McConnell asked about the paint that would be used. Reference was made to the artist Sid Tapia’s webpage. Cr. R Campbell stated that the artist’s intention was to create something unique from the other silos as well as depict the feeling that he had whilst in Merriwa.


ITEM NO: C.11.5


P. Luke read out the statement written by Sid accompanying his artwork. As well as the community consultation process undertaken on the 6th and 7th of September and the display of artworks ideas after the committee had approved them. G. Hunt reminded the meeting that not all ideas would or could be used and that “ you can’t please everyone”. D. Inder expressed the need to use the silos as something a little different as it is just one piece of artwork within the town as we also had the artwork next to the hut and the entrance statements pieces. The community members at the meeting would like to see a depiction of wheat, sheep, images of the indigenous history, and the sandstone building. J. Cronin asked for the artwork to be held off, to avoid the feeling of it being rushed. D. Hunt, stated that the artwork subjects had to be large in size to ensure that it is seen clearly. G. Bates expressed the need to have the three silos integrated to work together and not be separated as three different artworks, and that the yellow from the canola carried this very well. J. Cronin, express her thought of the town being an older heritage town not needing a newer feel within the image. D. Peebles, thanked the community for attending and having their say for the future project. D. Hunt expressed the difficulty in ability to please the whole community.

RECOMMENDATION

That the committee go back to the artist asking for 2 more options for further community consultation, subjects suggested included wheat, sheep, our indigenous history and sandstone buildings. Moved: D. Inder Seconded: J. Cronin Carried.

6. ACTION SHEET 7. CORRESPONDENCE Nil 8. GENERAL BUSINESS Nil 9. NEXT MEETING TBA The meeting was declared closed at 7:50pm .


Corporate Services


FINANCE REPORTS

F.11.1 ANNUAL FINANCIAL STATEMENTS



PURPOSE The purpose of the report is for Council’s external Auditor, Forsyths Chartered Accountants, to give Council a presentation in regard to the audit of Council’s 2016/17 financial statements.

RECOMMENDATION That Council receive a presentation from Mr Geoff Allan of Forsyths Chartered Accountants in relation to the Auditor’s report of Council’s 2016/17 financial statements.

BACKGROUND At its meeting on 28 August 2017 Council resolved to adopt the Annual Financial Statements, subject to any minor amendments required by the Auditors, and refer the Annual Financial Statements of Upper Hunter Shire Council to our Auditors, Forsyths Chartered Accountants. The Auditors attended Scone office between 3 & 5 October 2017. On 31 October 2017, Council forwarded the Annual Financial Statements to the Office of Local Government. REPORT/PROPOSAL S418 of the Local Government Act requires that Council, as soon as practicable after receiving the Auditor’s report, to present its audited statements to the public and give public notice of the date of the meeting at which the presentation will take place. The Audit Report was received on 31 October 2017. S420 provides for any person making submissions to Council with respect to the Auditors must be in writing and lodged with Council within seven (7) days after date of public display. No submissions have been received by Council. OPTIONS For Council’s notation only. CONSULTATION Finance Committee Director Operations Manager Finance STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows:


Corporate Services


Goal 8 Provide Community Leadership

CS30 - Effectively and efficiently manage the business of Council, while encouraging an open and participatory Council with an emphasis on transparency, Community engagement, action and response.

CS34 – Community is effectively engaged, can provide opinion and contribute to decisions that plan for the present and future of the Upper Hunter Shire.


b. Delivery Program

Ensure that Council and statutory reporting requirements are adhered to. Provide Council with a timely, efficient and accurate accounts payable service. Monitor allocation of revenues & expenses in the general ledger for reporting

processes. Ensure “Fit for the Future” benchmarks and any improvement program instigated is

maintained for Council’s financial sustainability. c. Other Plans The Financial Statements form part of details for Council’s Long Term Financial Plan and Council’s Annual Report. IMPLICATIONS a. Policy and Procedural Implications Nil b. Financial Implications Gives the community and other users of Council information details of the financial position at the end of each financial year, as well as other statutory and non-statutory information. c. Legislative Implications S418 and S420 of the Local Government Act sets out requirements of Council in regard to reporting requirements and presentation of audited financial statements.


Corporate Services


d. Risk Implications Negative data can have a reputational risk to Council. e. Other Implications Fit for the future. The results and indicators are improvements on previous years’ submitted results. CONCLUSION That Council receive the 2016/17 Auditor’s Report on the Financial Statements.

ATTACHMENTS

There are no enclosures for this report




GENERAL ADMINISTRATION REPORTS

G.11.1 REQUEST FOR SPONSORSHIP - SCONE SCOUTS ASSOCIATION

RESPONSIBLE OFFICER: Sean Constable - Manager Business Enterprise & Tourism

AUTHOR: Joanne McLoughlin - Property & Business Coordinator

PURPOSE The purpose of this report is to consider a request from 1ST Scone Scout Group for sponsorship of the Upper Hunter 2018 Scout Air Activities event to be held on 15 and 16 September 2018 at Scone Regional Airport.


Waive the landing fees for the Scouts’ aircraft landings on 15 and 16 September 2018. Provide the assistance of Council’s Airport Reporting Officer for coordination of airside

activities.

BACKGROUND The 1st Scone Scout Group hosts a Scout Air Activities weekend every 4 years for the Scout groups in the Hunter Valley. The weekend has a maximum of 200 members attend plus parents, carers and guides. The purpose of the air activities is for the members to obtain their Scout Air Activities badge. The members will be required to do a number of activities including key airside activities such as:

Take a flight in an aircraft; Identify aircraft at the airport; Identify navigational aids at the airport; Gain an understanding on how a wind sock operates; and Gain an understanding of how an airport operates

REPORT/PROPOSAL The 1st Scone Scout Group has requested that the Council Airport Reporting Officer (ARO) be available for the weekend to assist with airside activities and to ensure the safety of all members airside. The ARO will be required to demonstrate the operation of the wind sock, lighting system, undertake airport inspections and to identify the Navigational Directional Beacon. The 1st Scone Group has also requested that the landing fees for the Scouts aircraft be waived. There will be approximately 70 landings over the weekend in a Cessna 172, with the landing fee for this type of aircraft being $19.55 per landing. The approximate cost to Council will be around $1,400 based on the current financial year fees and charges. Note that the cost to Council is subject to change with any change in next financial years fees and charges. There would not be a cost associated with providing the ARO as they would change their weekend days to the Monday / Tuesday after the event.




OPTIONS 1. Waive airport landing fees for the Scouts aircraft and provide the Airport Reporting

Officer on the weekend of 15 & 16 September 2018 2. Provide an alternative form of sponsorship or support to the event 3. Not provide sponsorship CONSULTATION

Finance Manager Director Operations Manager Business Economic & Tourism

STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: Goal 2 Promote wellbeing and a connected, healthy and happy Community. CS7 Provide and support a broad range of sport, recreation, health and wellness

programs to target age specific needs of residents including younger children, older children, adolescents, families, seniors and people with a disability.


b. Delivery Program

The implementation and encouragement of healthy lifestyle opportunities.

c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications This request fits within Section 4(b) of Council’s S356 General Donations Policy




b. Financial Implications The landing fees will be waived which will result in reduced revenue by $1400 for the 2018-2019 Airport budget. c. Legislative Implications Nil d. Risk Implications A Risk Management Plan will be prepared in conjunction with the Airport Reporting Officer to ensure the safety of all during the event. e. Other Implications Nil CONCLUSION It is recommended that Council provide sponsorship of $1,400 plus the services of the Airport Reporting Officer to 1st Scone Scouts Group for the Hunter Valley Scouts Air Activities event on 15 & 16 September 2018.

ATTACHMENTS

1 1st Scone Scout Group - Scone Regional Airport - Request for Sponsorship for Air Activities Weekend - September 2018

ATTACHMENT NO: 1 - 1ST SCONE SCOUT GROUP - SCONE REGIONAL AIRPORT - REQUEST FOR SPONSORSHIP FOR AIR ACTIVITIES WEEKEND - SEPTEMBER 2018

ITEM NO: G.11.1


27 July 2017 General Manager Upper Hunter Shire Council PO Box 208 Scone NSW 2337

Scout Air Activities Weekend Dear Mr Crockett, Further to emails and meeting with Joanne McLoughlin, allowing the scouts and guides of the Upper Hunter to use the Scone Airport on 15-16 September 2018. Thankyou for correspondence to date confirming use of the airport and notifying us of the expected changes to the airport and its impact on our capacity to camp as we have in the past. Thankyou for having the assistance of the Airport Reporting Officer for our project. With over 200 people expected to use the airport for the weekend it provides a great opportunity to showcase the facilities of the Scone Airport to families of the Upper Hunter. This letter is seeking confirmation that as per previous occasions the council is willing to waiver the landing changes for the 3 Scout Association planes. Yours in Scouting Greg Morris Scout Leader 1st Scone 37 Davies St Scone NSW 2337 02) 6545 3176 [email protected]




G.11.2 CODE OF CONDUCT COMPLAINTS STATISTICS REPORT 2017



PURPOSE Council is required to submit an annual report to the Office of Local Government in regard to Code of Conduct Complaints.

RECOMMENDATION That Council forward the Code of conduct Report 2017 to the Office of Local Government.

BACKGROUND Under the Model Code of Conduct Framework, the Complaints Coordinator must report on a range of complaints statistics to the Council and to the Office of Local Government within three months of the end of September each year (Clauses 12.1 and 12.2 of the Model Code Procedures). The reporting period is 1 September 2016 to 31 August 2017 and the Complaints Coordinator of Council is the Director Operations. REPORT/PROPOSAL A copy of the report is attached. One complaint was received during the year which was not finalized as at the end of the reporting period being 31 August 2017. Outcomes of that complaint will be required to be included in the 2018 report. OPTIONS For Council notation only. CONSULTATION Nil. STRATEGIC LINKS a. Community Strategic Plan 2027


LEADERSHIP Goal 8 Provide Community leadership CS30 Effectively and efficiently manage the business of Council, while encouraging

an open and participatory Council with an emphasis on transparency, Community engagement, action and response.





b. Delivery Program

By providing Community leadership and to ensure the delivery of an efficient local government service.

c. Other Plans

Council’s Code of Conduct. IMPLICATIONS a. Policy and Procedural Implications

Council’s Code of Conduct and Statement of Business Ethics.


Nil


Statutory requirement to adopt Annual Report by 31 December 2017.


Nil


Nil CONCLUSION

There is a statutory requirement for Council to forward any Code of Conduct matter in its annual report to the Office of Local Government.

ATTACHMENTS

1 Code of Conduct Complaints Report - 2017

ATTACHMENT NO: 1 - CODE OF CONDUCT COMPLAINTS REPORT - 2017 ITEM NO: G.11.2







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G.11.3 ARTS UPPER HUNTER


AUTHOR: Kerri Cone - Manager Community Services

PURPOSE The purpose of this report is to present issues of Arts Upper Hunter, which is supported by Council through a financial contribution, and representation on the Board.

RECOMMENDATION That Council accept the Board’s September 2017 recommendation to change the contributions from Councils, to be based on a 65c per head of population calculation, which would reduce the current contribution from Upper Hunter Shire Council by $1,613 in the next year.

BACKGROUND Council contributes financially, along with other councils in the region, to support Arts Upper Hunter. Member councils are Singleton, Muswellbrook, Dungog and Upper Hunter. Council is represented by Cr Sue Abbott on this Board. The local community representative is Pam Saunderson-McLeay. The meeting held on 7 September 2017 ratified the June Minutes. Meetings are held approximately quarterly. REPORT/PROPOSAL The Board’s ratified minutes for June 2017 were provided to Council, and were noted at its October Meeting. Three additional items were noted in a letter from Mark Reedman, Regional Arts Development Officer, which accompanied the minutes:

1. Council delegate to AUH Board – It is requested that Council confirms its delegate to the Board for the next year. The delegate can be a Councillor or staff member of Upper Hunter Shire Council. The Board meets quarterly on the first Thursday of March, June, September and December in working hours. The next quarterly meeting is December 7. Meeting venues change within the member Council areas. There is a special Board meeting proposed for November 27 to discuss a Strategic Plan.

Council has already set its representative for the term of Council. There is no need to reconfirm this.

2. Council contributions- recommending a change to the way Council contributions are determined from a population bracket system to a 65c per head of population system for 2018-19. The change would result in a reduction of contribution from UHSC from $10,786 in the current year to $9,173 in 2018/19, and an overall reduction of income to


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Arts UH of $2,270. In future years, the contribution would increase by the CPI and any per head population increase.

3. Arts Upper Hunter 2018-21 Strategic Plan for Create NSW – providing information that A plan needs to be lodged by April 2018 Relevant Council staff have been invited to provide input at a meeting

on November 20th The Arts Upper Hunter Board will meet on this topic on November 27th.

OPTIONS

1. Confirm Council’s delegate to the Arts Upper Hunter Board for 2018 2. Support the recommended change to the calculation of Council’s Contribution for

2018/19 3. Reject the recommended change to the calculation of Council’s Contribution for

2018/19 4. Provide alternate suggestions for the calculation of Council’s Contribution for 2018/19 CONSULTATION

Mark Reedman , Arts Upper Hunter, Regional Arts Development Officer

STRATEGIC LINKS



COMMUNITY LIFE Goal 2 Promote wellbeing and a connected, healthy and happy Community. CS7 Provide and support a broad range of sport, recreation, health and wellness

programs to target age specific needs of residents including younger children, older children, adolescents, families, seniors and people with a disability.

CS9 Value our heritage and cultural diversity, celebrating together and fostering creativity.

LEADERSHIP Goal 9 Advocate for the Community. CS41 To participate and encourage regional coordination and planning between

Councils and other organisations. CS42 Provide timely and effective advocacy and leadership on key community

issues and priorities.



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b. Delivery Program

o Partnership to develop a sub-regional Cultural Plan and implement Upper Hunter Shire Cultural Plan.

o Facilitate cultural partnerships with the community. o Work with target groups in the community to initiate culturally appropriate

activities. o Facilitation and management community cultural events and activities. o Representation in local and regional networks and interagencies to encourage

collaboration and advocate on community issues and related social justice issues affecting local and regional communities.

c. Other Plans Upper Hunter Shire Cultural Plan Upper Hunter Regional Cultural Development Strategy 2017-2021

IMPLICATIONS


Nil


An annual contribution to Arts Upper Hunter is provided by Upper Hunter Shire Council, and financial support is also provided by three other Councils. The recommended change to calculation of the membership contribution would result in a small reduction to the contribution made by Upper Hunter Shire Council in future years.


Nil


Nil


Nil CONCLUSION

Council has been asked to confirm its delegate to the Board to enable representation of the Council at Board meetings.

Council feedback on proposed recommendations from the Board to change the method of calculating contributions from Council’s is sought. As the change is favourable to Council and fairer based on precise population size rather than population brackets, it is recommended that the proposal be supported.

ATTACHMENTS

1 Arts Upper Hunter - Quarterly Board Meeting

ATTACHMENT NO: 1 - ARTS UPPER HUNTER - QUARTERLY BOARD MEETING ITEM NO: G.11.3















G.11.4 2016/2017 ANNUAL REPORT


AUTHOR: Melinda Curtis - Corporate Planner

PURPOSE Council is required to produce and have available on its website an Annual Report by 30 November each year. The purpose of this report is for Council to endorse the 2016/2017 Annual Report.

RECOMMENDATION That Council adopt the 2016/2017 Annual Report.

BACKGROUND S482 of the Local Government Act 1993 requires that within 5 months of the end of each financial year, Council must prepare the Annual Report and advise the Minister that a copy is available on its website. The Annual Report incorporates Council’s Financial Statements, other statutory disclosures as well as other information on Council’s activities undertaken during the previous financial year. A comprehensive State of the Environment (SOE) Report is also required every four years following the election of a new Council. This was last prepared for the 2015/16 Annual Report and is not required for the 2016/2017 Annual Report. REPORT/PROPOSAL The report includes statutory reporting as well as the outcomes against performance indicators that were included in the 2016/2017 to 2019/2020 Delivery Program & Operational Plan. This Annual Report represents the final year of the previous Community Strategic Plan 2013+. The Annual Report also includes the 2016/2017 Audited Financial Statements which indicate that all key performance indicators meet the statewide benchmarks. OPTIONS For Council’s notation only. CONSULTATION Performance indicators were included in the Delivery Program and Operational Plan that was placed on public exhibition in May 2016. STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows:




LEADERSHIP Goal 8 Provide Community Leadership CS30 Effectively and efficiently manage the business of Council, while encouraging

an open and participatory Council with an emphasis on transparency, Community engagement, action and response.

CS35 Develop and maintain effective reporting systems that enable Council to measure and report on performance.


b. Delivery Program

Effectively and efficiently manage the business of Council within its Charter. c. Other Plans

The Financial Statements are incorporated in the Annual Report and form part of details for Council’s Long Term Financial Plan. IMPLICATIONS


Nil


Gives the community and other users of Council information details of the financial position at the end of each financial year, as well as other statutory and non-statutory information.


S482 of the Local Government Act requires Council to produce an Annual Report within five months of the end of the financial year.


Negative data can have a reputational risk to Council.


Nil CONCLUSION

That Council note the 2016/17 Annual Report.

ATTACHMENTS

1 Annual Report 2016/17 Excluded




G.11.5 REQUEST FOR DONATION - ABERDEEN PLAYGROUP



PURPOSE The purpose of this report is to consider a request from Aberdeen Playgroup for Council to provide a donation towards upgrading the shade sails at the Old Tennis Clubhouse in Jefferson Park Aberdeen.

RECOMMENDATION That Council provide a donation of $500 towards the replacement of shade sails at the Old Tennis clubhouse in Jefferson Park, Aberdeen.

BACKGROUND Council has received a request from Aberdeen Playgroup to make a donation towards the replacement of the shade sails at the Old Tennis Clubhouse in Jefferson Park, Aberdeen. This area is used twice a week for Playgroup and the shade sail is vital for the Playgroup to run in the hotter months. Playgroup gives parents and carers a chance to get together with their young children to connect, learn through play and have fun. It gives parents a chance to make new friends, learn from one another and develop a supportive local network for them and their families. Improving the area and replacing the shade sail also benefits the wider Aberdeen community by providing a large shaded area close to the skatepark and kids bike track, which have become a great community area for families. REPORT/PROPOSAL It is not practical to repair the current shade sails and the estimated cost to replace the shade sail is $1,846. Aberdeen Playgroup are currently fundraising to undertake the work. It is proposed that Council make a donation towards the replacement of the shade sails. OPTIONS 1. Accept the recommendation and make a donation of $500 2. Accept the recommendation and make a donation of an alternate amount 3. Reject the recommendation and not provide a donation CONSULTATION

Director Operations




STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: COMMUNITY LIFE Goal 1 A supported Community CS2 Form partnerships and participate in networks which address the needs and

interests of disadvantaged and disability groups in the Community. CS3 Advocate for, support and provide services and facilities for young people,

children, families and people with a disability. We are working to achieve the following Community Priorities:

b. Delivery Program

Working with local organisations and Community groups to provide a safe and inclusive Community, encouraging a healthy lifestyle through education and promotion to residents.

c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications The request is outside Council’s Donations Policy however has merit and should be considered. b. Financial Implications Funds are available under Council’s budget. c. Legislative Implications Nil




d. Risk Implications Nil e. Other Implications Nil CONCLUSION That Council should consider providing a donation to the Aberdeen Playgroup towards replacing the shade sails at the Old Tennis Clubhouse in Jefferson Park, Aberdeen.

ATTACHMENTS

1 Aberdeen Playgroup - Request for donation for replacing shade sails

ATTACHMENT NO: 1 - ABERDEEN PLAYGROUP - REQUEST FOR DONATION FOR REPLACING SHADE SAILS

ITEM NO: G.11.5


Aberdeen Playgroup

Old Tennis Clubhouse Jefferson park

Aberdeen

31 October 2017

Dear Upper Hunter Councillors

I am contacting you on behalf of Aberdeen Playgroup. We are currently fundraising to replace the shade sail and make other improvements to the outdoor area of the Old Tennis Clubhouse in Jefferson Park Aberdeen.

This area is used twice a week for Playgroup and the shade sail in vital for the Playgroup to run in the hotter months. Playgroup gives parents and carers a chance to get together with their young children to connect, learn through play and have fun. It gives parents a chance to make new friends, learn from one another and develop a supportive local network for them and their families.

Improving the area and replacing the shade sail also benefits the wider Aberdeen community by providing a large shaded area close to the skatepark and kids bike track, which have become a great community area for families.

I have included a copy of the successful quote to replace the shade sail, any funds raised over this target will be used towards other improvements such as repairs on the cubby house, refreshing/repairing the sandpit and generally improving the safety and usability of the area.

We hope that the Upper Hunter Council, would consider contributing funds to help us achieve the improvements we are hoping that make.

Yours sincerely,

Sarah Hockley

Aberdeen Playgroup coordinator

0407404643


ITEM NO: G.11.5



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G.11.6 REQUEST FOR DONATION - NAIDOC WEEK 2018


AUTHOR: Kerri Cone - Manager Community Services

PURPOSE The purpose of this report is to seek a determination from Council in regard to a request from Koori Kids, for a contribution to its NAIDOC Week activities 2018, which will include our Shire’s young people.

RECOMMENDATION That Council provide a donation of $250 to Koori Kids as a contribution towards costs of running NAIDOC Week 2018 competitions through local schools in our Shire.

BACKGROUND Koori Kids is a community organisation that engages young people in a range of school initiatives to promote education and awareness of Aboriginal and Torres Strait Islander culture. In NAIDOC week it conducts a range of competitions for primary and secondary school children. The competitions are co-ordinated in partnership with a range of Government Departments and NSW Catholic Education Commission. REPORT/PROPOSAL An amount of $250 is requested, and financial support will be utilised towards the costs for printing and distribution of information packs, posters and entry forms to schools across local government areas. A report of the NAIDOC Week 2017 School Initiatives Proposal is attached. Council has provided a donation to this organisation over a number of years to support indigenous cultural activities in our Shire. Koori Kids reports that there are regularly 5-6 schools in our Shire that are involved with the competitions including hundreds of participants. While the organisation is not based in the Upper Hunter Shire, we have no other formally recognised Indigenous group in our Shire seeking assistance for NAIDOC Week activities. Koori Kids has a significant number of entries in its competitions from our Shire schools and enables Council to contribute to NAIDOC Week celebrations. OPTIONS

1. To provide financial support as sought by Koori Kids of a $250 contribution 2. To provide an alternate amount 3. To provide no financial assistance at this time.

CONSULTATION

N/A


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STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: COMMUNITY LIFE Goal 1 A supported Community.

CS2 Form partnerships and participate in networks which address the needs and interests of disadvantaged and disability groups in the Community

CS4 Facilitate partnerships which create and support a safe, inclusive and caring Community.

Goal 2 Promote wellbeing and a connected, healthy and happy Community. CS8 Provide information and opportunities for everyone, especially those that are

disadvantaged to participate fully in our Community life. CS9 Value our heritage and cultural diversity, celebrating together and fostering

creativity. We are working to achieve the following Community Priorities:

b. Delivery Program

Facilitate cultural partnerships with the community. Work with target groups in the community to initiate culturally appropriate activities.

c. Other Plans

Upper Hunter Shire Cultural Plan Priority area: Focussing on Indigenous people to increase visibility and support for

traditional and contemporary cultures Upper Hunter Regional Cultural Development Strategy 2017-2021- Aboriginal Culture

Strategy Two - Continue collaborative partnerships that respectfully celebrate our diversity.

IMPLICATIONS a. Policy and Procedural Implications Nil b. Financial Implications Funding of $250 is available from the donations budget. c. Legislative Implications Nil


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d. Risk Implications Nil e. Other Implications Nil CONCLUSION Council has provided this organisation with donations over the past few years. Local schools and significant numbers of young people enter the competitions. The donation is a contribution towards NAIDOC Week celebrations raising awareness of indigenous issues.

ATTACHMENTS

1 Koori Kids Report NAIDOC Week 2018

2 Koori Kids - UHS Report 2017

3 Koori Kids - request for donation $250

ATTACHMENT NO: 1 - KOORI KIDS REPORT NAIDOC WEEK 2018 ITEM NO: G.11.6










ATTACHMENT NO: 2 - KOORI KIDS - UHS REPORT 2017 ITEM NO: G.11.6


LOCAL GOVERNMENT AREA STATISTICS

(Upper Hunter Shire Council)

Percentage of Participation of students within councils LGA

Overall Entries

Received in 2017

Entries Received in 2017 from LGA

Participating Schools within LGA

NAIDOC Medals of Excellence and prizes awarded in 2017

Encouragement Awards awarded in 2017

206,127 667 5 40 425

The following statistical information is based on the entries received from schools within council’s local

government area (LGA). There was an increase from last year in the number of entries that were received

from local schools in the initiatives. This demonstrates that students are taking an active role in the

initiatives and gaining an insight into the importance of NAIDOC Week Cultural Diversity and Indigenous

history.

Schools that participated in this year’s initiatives included both government and catholic primary and

secondary schools. We also saw an increase in the amount of entries received from secondary school

students.

Schools participation within councils LGA has seen a steady growth since the initiatives were incepted into

schools. Each year the initiatives provide education and public awareness on a variety of subjects that

pertain to Indigenous history.

ATTACHMENT NO: 3 - KOORI KIDS - REQUEST FOR DONATION $250 ITEM NO: G.11.6









G.11.7 REQUEST FOR DONATION - SCONE NEIGHBOURHOOD RESOURCE CENTRE - OLD CARAVAN



PURPOSE The purpose of this report is to consider a request from the Scone Neighbourhood Resource Centre for Council to donate an old caravan that is no longer required by Council.

RECOMMENDATION That Council donate the old caravan to the Scone Neighbourhood Resource Centre.

BACKGROUND Scone Neighbourhood Resource Centre has written to Council requesting that one of its old caravans that is no longer required be donated to the Centre. The Centre would then look for a grant to fund the removal of the inside of the van and clean, paint and update with bed(s) and a small kitchenette for the people that would be using the van. REPORT/PROPOSAL The van is due to be disposed of and would normally be sent to auction for disposal. The van has a written down value of $457 as at 31 December 2017. The value of the sale through the auction process is unknown but may return somewhere between $1,000 and $2,000 including GST however Council would incur transport costs to the auction house. Scone Neighbourhood Resource Centre has suggested they would like to use the caravan as emergency accommodation. OPTIONS 1. Provide the donation as requested 2. Not provide the donation as requested CONSULTATION

Director Operations General Manager

STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows: COMMUNITY LIFE Goal 1 A supported Community




CS2 Form partnerships and participate in networks which address the needs and interests of disadvantaged and disability groups in the Community.

CS3 Advocate for, support and provide services and facilities for young people,

children, families and people with a disability. We are working to achieve the following Community Priorities:

b. Delivery Program

Advocate for and promote services and facilities for special target groups Working with local organisations and Community groups to provide a safe and

inclusive community. c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications Nil b. Financial Implications The value in Council’s assets is a written down value of $457 as at 31 December 2017. The sale value is not known however could be somewhere between $1,000 and $2,000 including GST however Council would incur transport costs to get it to the auction venue. c. Legislative Implications Nil d. Risk Implications Nil e. Other Implications Nil




CONCLUSION It is recommended that Council provide an old caravan that is surplus to its requirements as a donation to the Scone Neighbourhood Resource Centre.

ATTACHMENTS

1 Scone Neighbourhood Resource Centre - Request for Donation of unused Caravan

ATTACHMENT NO: 1 - SCONE NEIGHBOURHOOD RESOURCE CENTRE - REQUEST FOR DONATION OF UNUSED CARAVAN

ITEM NO: G.11.7


ATTACHMENT NO: 1 - SCONE NEIGHBOURHOOD RESOURCE CENTRE - REQUEST FOR DONATION OF UNUSED CARAVAN

ITEM NO: G.11.7



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POLICY MATTERS

H.11.1 COUNCIL POLICY - EQUAL EMPLYOMENT OPPORTUNITY



Ordinary Council Meeting at its meeting on 30/10/2017 resolved that the matter be deferred to a future meeting

PURPOSE The purpose of this report is to update Council policy, Personnel – Work Health & Safety – Equal Employment Opportunity – Harassment, Bullying and Discrimination. RECOMMENDATION That Council adopt the updated policy, PERSONNEL – WORK HEALTH & SAFETY – Equal Employment Opportunity – Harassment, Bullying and Discrimination BACKGROUND

Council is required to maintain a set of policies that are current and meet the requirements for Council to operate under. Council must review all policies within 12 months of a new Council being formed, but also need to review and update policies as necessary to keep their content up to date. REPORT/PROPOSAL

The following policy has been reviewed and updated as indicated by the tracked changes in the attached document. The changes are highlighted below:

1. PERSONNEL – WORK HEALTH & SAFETY – Equal Employment Opportunity –

Harassment, Bullying and Discrimination Minor amendments to names and dates.

OPTIONS 1. Accept the modified policy. 2. Amend the modified policy. CONSULTATION

Director Operations General Manager

STRATEGIC LINKS a. Community Strategic Plan 2027 This report links to the Community Strategic Plan 2027 as follows:


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G8 CS30 Effectively and efficiently manage the business of Council, while encouraging an open and participatory Council with an emphasis on transparency, Community engagement, action and response.


b. Delivery Program

Promote and communicate Council’s brand, functions and identity c. Other Plans Nil IMPLICATIONS a. Policy and Procedural Implications

Policies are due for ratification by Council. b. Financial Implications

Nil c. Legislative Implications

Nil d. Risk Implications

Nil e. Other Implications

Nil CONCLUSION

It is recommended that the amended policy be adopted.

ATTACHMENTS

1 POLICY – EQUAL EMPLOYMENT OPPORTUNITY (EEO) – Harassment, Bullying and Discrimination

ATTACHMENT NO: 1 - POLICY – EQUAL EMPLOYMENT OPPORTUNITY (EEO) – HARASSMENT, BULLYING AND DISCRIMINATION

ITEM NO: H.11.1



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RESPONSES TO PREVIOUS QUESTIONS

RPQ.11.1 RESPONSES TO PREVIOUS QUESTIONS



For notation only.

At the ordinary meeting of Council held on 25 September 2017 the following questions were asked: Cr Lee Watts

1. Asked where the audit of the duplication of street names was up to.


Update: Audit is scheduled for completion in December/January.

Cr Sue Abbott

1. Asked if Council was aware that Australia Day is a date of dispossession and exclusion and why was her motion not seconded.

Response: Taken on notice

Update: Council staff are unable to answer this question. It is a matter for individual Councillors and/or Council.

Cr James Burns

1. Asked if consideration will be given to installation of street lights in Kookaburra Avenue off Moobi Road.


Update: Options are being sought for solar lighting and/or some type of reflective signage to make clear the approaching intersection. Complaints have been made in the past about street light glare through residents’ windows at this location which needs to be taken into account.

Cr Ron Campbell

1. Asked that the gate from Merriwa Cemetery carpark to the cemetery be fixed as it look quite undignified.


2. Asked if the ramp at the cemetery could be concreted rather than tarred to allow better access for wheelchairs.





Update: Council will investigate the option of a better latching mechanism. The walkway gravel will be replaced with a more suitable material that can be compacted.

3. Asked that thanks be passed on to staff for the good job done on the ‘Concealed

Driveway’ sign in Merriwa.

Response: This will be done

Cr Maurice Collison

1. Requested leave of absence from 6 to 24 November 2017.

Response: Granted.

Cr Kiwa Fisher

1. Requested leave of absence from 31 October to 20 November 2017.

Response: Granted.

Cr James Burns

1. Requested leave of absence from 30 October for 10 days.

Response: Granted.

At the ordinary meeting of Council held on 30 October 2017 the following questions were asked: Cr Sue Abbott

1. StoneCo Quarries

When will I get a briefing on quarries in the Upper Hunter Shire as I have requested?

Response: Council staff would be happy to provide a briefing to Councillors in relation to quarries in the Upper Hunter Shire. Further information will be sought from Councillors regarding the particular issues they would like to be briefed on.

Also, given that Councillor Fisher asked whether an update could be provided in relation to Robertson's Knob Quarry twice in two consecutive finance meetings 23/8/2017 (reported in business papers for the August Ordinary Council Meeting 28/8/2017) and 20/9/2017 (reported in business papers for the September Ordinary Council Meeting 25/9/2017) and received responses on both occasions that the quarry was operational, why were we not informed on either of those occasions that the EPA had fined StoneCo $15,000.00 for StoneCo's illegal quarrying activities at Robertson's Knob Quarry? (Information sourced via media release on 19/9/2017).

Response: This is a matter between the EPA and Stoneco as it relates to operating without an Environment Protection Licence. Council does not get involved in these matters and staff were not aware that Stoneco had been fined until it was reported in the media.

In light of this breach, can council brief me on how we are monitoring the bio-diversity and the endangered ecological communities which have been affected by quarrying on




StoneCo's Timor Quarry site? Having not received a briefing from the Upper Hunter Shire Council, I have a briefed myself and I have discovered that StoneCo is required to conserve in perpetuity 66 hectares of land as a 'biodiversity offset'. This includes 6 ha of prime vegetation containing the Endangered Ecological Community (EEC) White Box, Yellow Box, Blakely's Red Gum Woodland which StoneCo was required to purchase as an offset to compensate for the area destroyed by quarrying. Has this been done?

Response: An offset agreement was entered into between Stoneco and NSW Office of Environment and Heritage.

Condition S1.21.0 - An annual inspection by an ecologist was to be undertaken during the first five years of operation. The Independent Environmental Audit (IEA) states that Stoneco have complied with this condition.

Did StoneCo plant and establish additional trees to compensate for the destruction of the portion of the endangered Squirrel Glider's habitat as per the conditions of consent from the Newcastle & Hunter Valley Speleological Society Inc v Upper Hunter Shire Council and StoneCo Pty Ltd (No 2) [2010] NSWLEC 104 appeal?

Response: This was not required. Condition S1.21.4 – requires any hollow bearing trees removed to be replaced with the same number of nest boxes appropriate for microbats and the squirrel glider.

Did StoneCo reduce the size of its proposed stockpile area to lessen the impact on the Squirrel Glider habitat and 'karst' (landscape underlain by limestone which has been eroded by dissolution, producing ridges, towers, fissures, sinkholes and other characteristic landforms)? I have received information that the current stockpile of crushed material near StoneCo's front gate is not approved as the stockpile was to be in the area between the two creeks. Can we look into this please?

Response: Condition S1.40.1 requires that the Stockpile and Handling Area (SHA) shall be located in an area nominated on the Preferred Project Layout Plan and shall have an area not exceeding 0.35ha.

During a site inspection the quarry operator showed Council officers the SHA and where it had been located to minimise tree clearing. The IEA identified that Stoneco was compliant with this condition. Material should not be stockpiled outside SHA. Council officers are investigating the potential non-compliance with consent condition requirements.

Have the stands of Xanthorrhoea glauca (grass trees) and Figus ribiginosa been protected as per the court conditions of consent from 2010?

Response: Condition S1.24A.1 requires that: No road will pass within 5 metres of the outer edge of any stand of Xanthorrhoea glauca or Ficus rubiginosa which are located outside of the boundaries of the Quarry Site.

The IEA confirms compliance with this condition.

The court stipulated that an independent panel of five experts was to be established before quarrying commenced and that the expert panel was to monitor the development over the life of the quarry. The nominated experts were to have between them expertise in geology, geomorphology, hydrology, vertebrate palaeontology, cave biota and ecosystems. Was this panel established?

Response: Condition S4.32 – the expert panel has been established. The IEA confirms compliance with this condition.




The court stipulated that StoneCo must submit a Site Rehabilitation Plan which was to be agreed upon by the experts. Has this been done? Eight individual management plans (Soil and Water, Air Quality, Biodiversity, Environmental, Landscape, Vegetation, Rehabilitation and the Lower Chert Band) were to be submitted to the Upper Hunter Shire Council and approved before development commenced. Did that happen?

Response: These plans have been submitted.

As part of the ongoing monitoring, boreholes were to be drilled into the alluvial and limestone aquifers and monitored on a regular basis for the presence of Groundwater Dependent Ecosystems (GDE) including stygofauna which if discovered were to be 'identified' to species level. Did that happen? And furthermore any new species that were found were to be 'described' to species level - did that happen? Has StoneCo's expert(s) found stygofauna?

Response: The boreholes were drilled.

Stoneco provided a GDE Sampling Protocal

Stoneco sought variation to the condition due to issues in the identification of the fauna to a species level. This was supported by a letter from an expert. Council agreed to vary the condition (provision for this was made in Condition S.12.6). The sample that was undertaken did not identify any stygofauna in the alluvial or limestone aquifers.

The IEA did identify a non-compliance in Stoneco’s reporting of the groundwater monitoring and sampling. Stoneco have been requested to provide an action plan that addresses all non-compliances identified in the IEA.

The court's conditions of consent stipulated that if any voids or caves larger than 0.5 m in diameter were discovered during the mining operation the discovery must trigger the Cave Discovery Protocol. Has the Cave Discovery Protocol been triggered at any time to date?

Response: The IEA states that Condition S1.25.1 has not been triggered.

From information I have received, it would appear that StoneCo's dust suppression requirements have not been undertaken. I have been informed that just recently trees nearby the quarry were covered in dust. Can we do something about the dust suppression activities StoneCo are supposed to undertake?

Response: No complaints have been received in relation to excessive dust being generated. Trucks entering and leaving the quarry site must have their loads covered. The premises must be maintained in a condition that minimises or prevent the emission of dust from the premises.

2. When will I receive the manual containing all the Upper Hunter Shire Council's up-to-date

Policies? I asked for this some months ago.


Update: A folder has been prepared containing all current policies and provided.

3. Does the Upper Hunter Shire Council use recycled paper for the business and meeting papers? Tonight's papers do not feel very recycled.





Update: No, however we do encourage Council to use electronic means for their meetings and paperwork.

4. I have received concerns in relation to the Bypass and flooding potentially caused by the filled in parts of the Bypass acting as a dam. What is the likelihood of such a significant risk?


Update: As part of the Review of Environmental Factors prepared for the Scone Bypass, detailed flood modelling was undertaken by GHD to determine the impacts of the bypass on flood patterns in and around Scone. The modelling indicates that there will be increased flood levels in areas such as land west of the bypass and in the area near White Park. These adverse flood level impacts will be offset by reduced flood levels in the urban area located east of the bypass, upstream of Liverpool Street.

5. The Airport Committee held a meeting in October. Why were the minutes not included in

the Council Meeting Agenda?

Response: The meeting was held later in the month which did not provide staff with enough time to collate a report and include the minutes in this month’s agenda. These minutes will be presented to Council at the November Council Meeting.

Cr Josh Brown

Can a Council officer inspect Lets Eat Café in Murrurundi as the building is dilapidated with roof and wall sheeting moving about in strong winds? The condition is hazardous to the public.


Update: In 2016, Council took enforcement action against the owners of the property requiring them to remove unstable cladding on the upper fascia of the building, submit a structural assessment report and undertake repairs in accordance with the recommendations of the structural report. The owners subsequently complied with Council’s directions and undertook temporary repairs to address some structural issues. Council officers have recently re-inspected the external fabric of the building and it appears that the condition of the building has not altered since the repair works were undertaken in 2016. Council staff will recommence discussions with the property owners to ensure that the building continues to be structurally adequate and does not pose a risk to public safety.

Cr Ron Campbell

When will the footpath adjacent to IGA in Merriwa be repaired?


Update: Quotes have been obtained and works will happen early in the New Year.




Cr Kiwa Fisher

Can Council write to Minister Upton in relation to proposed changes to the Industrial Noise Policy highlighting concerns about acceptable noise levels.


Update: This matter will be reported to the Development & Environmental Services Committee.

ATTACHMENTS

Nil.

Report To Confidential Ordinary Council Meeting 27 November 2017



CONFIDENTIAL REPORTS

CR.11.1 ABERDEEN HEIGHTS LAND SALE




PURPOSE The purpose of this report is to provide Council with sufficient information to make a recommendation in relation to the potential sale of land within Aberdeen Heights Estate.




CR.11.2 SCONE TO MURRURUNDI PIPELINE - RESERVOIR SITES LAND PURCHASES

RESPONSIBLE OFFICER: Alan Fletcher - Special Projects Manager

AUTHOR: Chris Agosto - Project Manager


PURPOSE The purpose of this report is for Council to consider the purchase of 3 part parcels of land required to secure sites for one break tank for the Scone to Murrurundi Pipeline and two reservoirs for the future reticulation of the villages Wingen and Blandford.




CR.11.3 TENDER - WATER & SEWER MAIN RENEWALS


AUTHOR: Phillip Hood - Manager Water & Sewer


PURPOSE The purpose of the report is to present a summary of the tender evaluation and to agree on the evaluation’s recommendation to award.


Corporate Services


CR.11.4 SUPPLY AND DELIVERY OF ROAD BASE MATERIALS (T371718HUN)




PURPOSE The purpose of this report is for Council to consider the recommendations made by Regional Procurement for the Supply and Delivery of Road Base Materials for a period of two (2) years from 1 January 2018 to 31 December 2019.


Corporate Services


CR.11.5 PROVISION OF COMMERCIAL CLEANING SERVICES (T391718UHSC)




PURPOSE The purpose of this report is for Council to consider and select the preferred supplier for the provision of commercial cleaning services for a number of its buildings for a period of two (2) years from 1 January 2018 to 31 December 2019.


Corporate Services


CR.11.6 TENDER - SUPPLY AND DELIVERY OF ROADBASE MATERIALS


AUTHOR: Steve Pryor - Director Operations


PURPOSE The purpose of this report is to outline the process that has been followed for the complete evaluation of the tender 1/2018 received for the supply and delivery of roadbase materials for the use across the Upper Hunter Shire.


Corporate Services


CR.11.7 RECRUITMENT OF GENERAL MANAGER

RESPONSIBLE OFFICER: Wayne Bedggood - Mayor

AUTHOR: Melanie Caban - Manager Human Resources

This matter is considered to be confidential under Section 10A(2) (a) of the Local Government Act, as it deals with personnel matters concerning particular individuals.

The purpose of this report is to consider the recruitment process for the General Manager and appoint an interim General Manager from 1 January 2018.

Documents

Council Meeting Agenda - upperhunter.nsw.gov.auupperhunter.nsw.gov.au/f.ashx/documents/Council/... · ADOPTION OF MINUTES - Sub-Committee Meeting ... English direction for Councillors