DUNGOG SHIRE COUNCIL · Page 4 Dungog Shire Council Ordinary Meeting Minutes 21 November 2018 Meeting commenced at 6.00 pm. PRESENT: Councillors T Norman, D Rayward, J Connors, J

DUNGOG SHIRE COUNCIL

ORDINARY MEETING

MINUTES

21 NOVEMBER 2018

Page 2

Dungog Shire Council Ordinary Meeting Minutes 21 November 2018

TABLE OF CONTENTS MAYORAL MINUTE 1. Local Government NSW Conference 2. NSW Country Mayors Meeting 1-2 November 2018 3. Save Our Recycling Campaign PLANNING DEPARTMENT

1. Development Application – 106/2018 2. Development Application – 170/2013 3. Planning Proposal – Amendment to Cl 4.2a(3)(F) 4. Planning Proposal – Additional Permitted Uses 5. Development Application – 153/2017 6. Proposed Amendment to DCP No. 1 – Cangon Park Rural Residential Development 7. Proposed Amendment to DCP No. 1 – Building Line Setbacks 8. Development Applications – Delegated Authority ENVIRONMENTAL SERVICES DEPARTMENT

1. Planning Proposal for Rezoning Lot 9 Serenity Way, Vacy INFRASTRUCTURE & ASSETS DEPARTMENT 1. Regional Procurement Tender for the Supply & Delivery of Pre-Cast Bridge Planks 2. Asset Management Policy 3. Works Progress Report 4. Asset Management Plans – Transport, Buildings, Stormwater, Parks & Reserves CORPORATE SERVICES DEPARTMENT 1. Financial Statements for the Year Ended 30 June 2018 2. Quarterly Finance Report for the Period Ended 30 September 2018 3. Statement of Investments 4. Works Cost Statement 5. Councillors Travelling & Other Expenses GENERAL MANAGER 1. Council Christmas Arrangements 2018 2. Closed Council COMMITTEES AND OUTSIDE ORGANISATIONS

1. Council’s Management Committee Meeting Minutes COUNCILLOR REPORTS Nil NOTICES OF MOTION 1. The Impact of Proposed 98% SRV on Farming Families

Page 3


QUESTIONS ON NOTICE Nil CONFIDENTIAL SECTION ENVIRONMENTAL SERVICES DEPARTMENT 1. Proposed Acquisition of Land COMPLIMENTS Minutes of Ordinary Meeting 17 October 2018

Page 4


Meeting commenced at 6.00 pm. PRESENT: Councillors T Norman, D Rayward, J Connors, J Lyon, G Riley, R Booth, K Murphy, S Low AM and G Wall.

OFFICERS IN ATTENDANCE:, C Nichols, General Manager, S Chandler, Executive Manager Corporate Services, S Hitchens, Executive Manager Infrastructure & Assets, J Tupper, Manager Planning and P Minett, Manager Environmental Services.

ACKNOWLEDGEMENT OF COUNTRY: Delivered by Mayor T Norman.

APOLOGIES: Nil. LEAVE OF ABSENCE: Nil DECLARATION OF INTERESTS: Cr J Lyon declared a less than significant non-pecuniary interest in Planning Managers report No. 8. Cr K Murphy declared a significant non-pecuniary interest in Planning Managers Report No. 2. CONFIRMATION OF MINUTES: COUNCIL RESOLUTION 37899 That the minutes of the Ordinary Council Meeting held on 17 October 2018 be

confirmed. Moved Cr G Wall, Seconded Cr J Lyon.

Carried. MATTERS ARISING: Nil

The Prayer was delivered by Mayor T Norman.

The Ode was delivered by Mayor T Norman.

Page 5


MAYORAL MINUTE

1. LGNSW CONFERENCE

FILE NO: EF07/34

ANNEXURES: Nil

AUTHOR: Mayor Tracy Norman

COMMUNITY STRATEGIC PLAN:

Council Governance and Finance

DELIVERY PROGRAM: Council will advocate for the community by actively pursuing constructive relationships with other spheres of government.

MOTION: That the report be received and the information noted.

Precis: The purpose of this report is to provide an update on the annual Local Government (LG) NSW Conference, 21-23 October 2018.

************* MOTION 37900 That the report be received and the information noted.

Moved Cr Norman.

Carried.

Page 6


2. NSW COUNTRY MAYORS MEETING 1-2 NOVEMBER 2018

FILE NO: EF18/30

ANNEXURES: Minutes of Country Mayors Association Meeting held on 2 November 2018



Council Governance and Finance - Council will advocate for the community by actively pursuing constructive relationships with other spheres of government

DELIVERY PROGRAM: Governance - Advocacy

MOTION: That the report be received and the information noted.

Precis: The purpose of this report is to provide Council with an update of the Country Mayors Meeting and AGM held on 2 November 2018.

************* MOTION 37901 That the report be received and the information noted.

Moved Cr Norman.

Carried.

Page 7


3. SAVE OUR RECYCLING CAMPAIGN

FILE NO: EF07/60

ANNEXURES: Nil



Natural Environment

DELIVERY PROGRAM:

Strategy 3: Support and manage the responsible use of resources including the minimisation of waste and the promotion of recycling practices in homes, work places, development sites and public places.

MOTION: 1. That Council endorse Local Government NSW’s campaign, Save Our Recycling, to

realise the reinvestment of a 100% of the Waste Levy collected each year by the NSW Government in waste minimisation, recycling and resource recovery.

2. That Council make representation to the local State Member(s), Michael Johnsen MP, in support of this campaign objective - for the NSW Government to commit to reinvest 100% of the Waste Levy in waste minimisation, recycling and resource recovery.

3. That Council write to the Premier, the Hon Gladys Berejiklian MP, the Opposition Leader, the Hon Michael Daley MP, the Minister for Local Government and the Minister for the Environment, the Hon Gabrielle Upton MP, and the Shadow Minister for the Environment and Heritage, Penny Sharpe MLC, seeking bipartisan support for the 100% reinvestment of the Waste Levy collected each year into waste minimisation, recycling and resource recovery.

4. That Council take a lead role in activating the Local Government NSW Save Our Recycling campaign locally.

5. That Council endorse the distribution and display of the Local Government NSW Save Our Recycling information on Council premises, as well as involvement in any actions arising from the initiative.

6. That Council formally advise Local Government NSW that Council has endorsed the Save Our Recycling advocacy initiative.

Precis: At the Local Government NSW Conference last month it was unanimously voted to campaign to ensure 100% of the Waste Levy be used in future for waste infrastructure and programs, predominantly by local government.

*************

Page 8


MOTION 37902 1. That Council endorse Local Government NSW’s campaign, Save Our

Recycling, to realise the reinvestment of a 100% of the Waste Levy collected each year by the NSW Government in waste minimisation, recycling and resource recovery.

2. That Council make representation to the local State Member(s), Michael Johnsen MP, in support of this campaign objective - for the NSW Government to commit to reinvest 100% of the Waste Levy in waste minimisation, recycling and resource recovery.

3. That Council write to the Premier, the Hon Gladys Berejiklian MP, the Opposition Leader, the Hon Michael Daley MP, the Minister for Local Government and the Minister for the Environment, the Hon Gabrielle Upton MP, and the Shadow Minister for the Environment and Heritage, Penny Sharpe MLC, seeking bipartisan support for the 100% reinvestment of the Waste Levy collected each year into waste minimisation, recycling and resource recovery.

4. That Council take a lead role in activating the Local Government NSW Save Our Recycling campaign locally.

5. That Council endorse the distribution and display of the Local Government NSW Save Our Recycling information on Council premises, as well as involvement in any actions arising from the initiative.

6. That Council formally advise Local Government NSW that Council has endorsed the Save Our Recycling advocacy initiative.

Moved Cr Norman.

Carried.

Page 9


#####

MOTION 37903 That the Order of Council business be suspended to allow members of the

public to address Council. Moved Cr Booth Seconded Cr Murphy

Carried.The Order of Council business was suspended at 6.05 pm.

Mr J Thompson spoke on the Vacy Sportsground Management Committee and management of the Vacy Sportsground. Mr K Rubeli spoke on recognition of the Gringai people. Mr C Atkinson spoke against the recommendation of Manager Planning’s Report No. 1. Mr M Brown spoke against the recommendation of Manager Planning’s Report No. 4. Mr B Hamilton spoke against the recommendation of Manager Planning’s Report No. 2. MOTION 37904 That Council resume the Order of Council business.

Moved Cr Low Seconded Cr Connors

Carried.The Order of Council business resumed at 6.26 pm.

#####

Page 10


PLANNING DEPARTMENT REPORTS

OFFICERS RECOMMENDATION: That Council, as the consent authority pursuant to s4.16 of the Environmental Planning and Assessment Act 1979, approve Development Application No. 106/2018 for demolition of existing toilet block & erection of new toilet block & barbecue shelter at Lot 350 DP 591527 No. 17 Maitland Road & Lot 6 DP758830 No. 30 Queen Street Paterson subject to the conditions of consent in Annexure ‘A’.

Precis: The following report considers Development Application No.106/2018 which seeks approval for demolition of an existing toilet block and erection of a new toilet building and barbecue shelter at John Tucker Park Paterson (known as Lot 350 DP 591527 & Lot 6 DP 758830) No. 17 Maitland Road and No. 30 Queen Street Paterson.

******** MOTION 37905 That Council, as the consent authority pursuant to s4.16 of the Environmental

Planning and Assessment Act 1979, approve Development Application No. 106/2018 for demolition of existing toilet block & erection of new toilet block & barbecue shelter at Lot 350 DP 591527 No. 17 Maitland Road & Lot 6 DP758830 No. 30 Queen Street Paterson subject to the conditions of consent in Annexure ‘A’. Moved J Connors Seconded R Booth

Carried.

1. DEVELOPMENT APPLICATION – 106/2018

FILE NO: DA 106/2018

ANNEXURES:

A Conditions

B Plans

C 4.15 Assessment

D Submissions

AUTHOR: Independent Planning Consultant

APPLICANT: Dungog Shire Council

OWNER: Dungog Shire Council

PROPOSAL: Demolition of existing toilet block & erection of new toilet block & barbecue shelter

ISSUES: Location of amenities building & barbecue shelter within Park; Potential heritage impacts onto nearby staddle and hearse buildings; Flooding constraints.

LOCATION: Lot 350 DP 591527 & Lot 6 DP 758830 No. 17 Maitland Road & 30 Queen Street Paterson

ZONE: RE1 Public Recreation

Page 11


The Mayor in accordance with Section 375A of the Local Government Act called for a Division. The Division resulted in 9 for 0 against as follows:

For: Crs Norman, Rayward, Connors, Riley, Murphy, Booth, Wall, Lyon, Low

ANNEXURE ‘A’

Conditions

General 1. This development consent incorporates plans/and or documents referenced and

stamped:

(a) Plans Reference: Drawing No. Rev Name of Plan Date

0015-05 Sheet 1 C Overall View 2/10/18 0015-05 Sheet 2 C Detail View 2/10/18 0015-05 Sheet 3 C Typical Section 2/10/18 0015-05 Sheet 4 C Proposed Amenities

Block 2/10/18

0015-05 Sheet 5 C Proposed covered BBQ Area

2/10/18

0015-05 Sheet 6 C Stormwater Layout 2/10/18 0015-05 Sheet 7 C Lighting Layout Plan 2/10/18

(b) Document Reference:

Document Reference Author Date Statement of Environmental Effects

- Dungog Council Undated

Statement of Heritage Impact

- Insite Heritage Pty Ltd

September 2018

PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE 2. Details of colours, textures, and types of materials of the proposed amenities building

and barbecue shelter shall be submitted to Council prior to the issue of a construction certificate.

3. All lighting shall be designed so as to ensure that glare does not adversely impact upon adjoining properties and satisfies Australian Standard AS 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting. Lighting details shall be provided to Council prior to issue of the Construction Certificate and directed away from any residential properties.

4. Prepared by a qualified engineer shall be submitted to Council prior to the release of a construction certificate showing all roof water from the amenities building and barbecue shelter be directed to the seepage pit and in accordance with Drawing No.0015-05 Sheet 6 Rev C Stormwater Layout dated 2/10/2018.

5. Prior to the issue of the construction certificate an application for the installation of an

onsite sewage management system is to be lodged with Council’s Environmental services department for approval. The system shall be designed in accordance with AS/NZS 1547:2012 and the Environmental & Health Protection Guidelines.

6. Prior to issue of the construction certificate an acid sulphate management plan shall be

prepared and submitted to Council for approval.

Page 12


7. Prior to the issue of Construction Certificate a structural engineers certificate is

required certifying the structural adequacy of these structures with a flood prone area shall be provided To Council.

8. A total of two car parking spaces for use by persons with a disability must be provided on site. Consideration must be given to the means of access from the car parking spaces to the amenities building and barbecue shelter being across an existing road and must be clearly shown on the plans prior to the issue of a Construction Certificate.

All details must be prepared in accordance with Australian Standard AS/NZS 2890.1:2004 Parking Facilities – Off street car parking and the relevant provisions of Australian Standard 1428.1:2001 Design for Access and Mobility – General requirements for access - New building work and Australian Standard 1428.4:2002 Design for Access and Mobility – Tactile indicators.

PRIOR TO COMMENCEMENT OF WORKS 9. Prior to the commencement of work for the construction of the amenities building and

barbecue shelter, it will be necessary to obtain a Construction Certificate. Where Council is not the Principal Certifying Authority (PCA), the proponent or private certifier shall submit a Construction Certificate to Council prior to building works commencing on the subject allotment.

10. The amenities building and barbecue shelter must comply with the relevant provisions

and requirements of the Building Code of Australia. DURING CONSTRUCTION

11. There is to be no construction and/or demolition works, including deliveries on or to the

site prior to 7.00 am or after 6.00 pm Monday to Friday, prior to 8.00 am and after 6.00 pm Saturday, and prior to 9.00 am and after 4.00 pm Sunday.

12. Approved toilet facilities are to be provided, at or in the vicinity of the work site on which

the work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every twenty (20) persons employed at the site. The provision of toilet facilities in accordance with the Clause must be completed before any other work is commenced.

13. A waste containment facility to Council's requirements is to be provided on the building

site immediately after the first concrete pour for the building and is to be regularly serviced.

Council and the Environmental Protection Authority may issue "on the spot" fines if breaches of the Environmental Offences and Penalties Act, are detected.

Note - your attention is drawn to your responsibility to control any litter arising from building works associated with this consent.

Measures shall be implemented to prevent vehicles tracking sediment, debris, soil and other pollutants onto any road.

14. To minimise soil erosion during construction, the owner and builder shall ensure that

the following measures are implemented in the sequence outlined:-

(i) A dish shaped diversion drain or similar structure will be constructed above the proposed house site to divert run-off to a stable discharge area such as an area with a grass cover. (This diversion drain is to be lined with turf or otherwise stabilised if it erodes after rainfall).

Page 13


(ii) A sediment trapping fence using a geotextile fabric specifically designed for such a purpose and installed to manufacturer's specifications is to be placed below the construction area (eg "silt stop").

(iii) Vegetation is to be cleared from the construction site only; other areas are to remain undisturbed.

(iv) Top soil from the construction site or builders sand is to be stockpiled in a location where it will not be eroded from the site, and is not to be stockpiled on the road reserve.

(v) All erosion control measures will require maintenance after rainfall. They should be retained until the site has fully revegetated.

(vi) If soil or other materials are spilt accidentally onto the road or gutter, they shall be removed prior to the completion of the day's work.

All erosion and sedimentation controls are to be installed in accordance with Council's erosion and sedimentation control policy and code of practice. Failure to implement and maintain all erosion and sedimentation control measures is a breach of the Protection of the Environment Operations Act 1997 and is liable to a $750 on-the-spot fine.

15. Any relocation or alterations of public utilities made necessary as a result of the

development are to be carried out at no cost to Council. 16. All excavations and backfilling shall be executed safely, in accordance with appropriate

professional standards and shall be properly guarded and protected to prevent the works from being dangerous to life or property.

17. If potential historical archaeological deposits are encountered during excavation on the

site, all work shall stop on site and contact should be made with a suitably qualified archaeologist for assessment and advice.

18. If Aboriginal cultural objects are encountered during excavation, all work shall stop on

site and contact made with the Environment line on 131555. 19. If a potential human burial is encountered during excavation all work shall stop on site

and contact should be made with NSW Police. 20. Any waste and soil proposed to be disposed off site shall be classified, removed and

disposed of in accordance with the EPA Environmental Guidelines and to an approved waste management facility.

PRIOR TO ISSUE OF OCCUPATION CERTIFICATE 21. Application for an Occupation Certificate must be submitted to and approved by the

Principal Certifying Authority prior to occupation or use of the amenities building and barbecue shelter.

22. The onsite sewage management system shall be installed in accordance with its

approval, with a satisfactory final inspection to be undertaken by Council.

23. The existing onsite sewage management system shall be decommissioned in accordance with council policy.

24. The proposed amenities building and barbecue shelter shall NOT BE USED OR OCCUPIED until completed and conditions of consent have been complied with and an Occupation Certificate has been issued.

Page 14


Cr Murphy declared an interest in the following item and left the Chambers at 6.34 pm

OFFICERS RECOMMENDATION: That Section 4.55 (1A) Application 130/2013 for subdivision of two (2) lots into three (3) lots at No. 8 Reservoir Road Dungog be amended in respect of Condition 17 only: Replace Condition 17 in the following manner: 17. A designated Building Envelope, being setback 10m from front boundary (i.e.

Reservoir Road) and 10m from western boundary and 15m from eastern boundary for proposed Lot 11 and in accordance with the approved subdivision plan prepared by David Cant Surveyors and dated 7/11/2013 for proposed Lot 10 is to be delineated and fully dimensioned on the final plan of survey and a Section 88B Instrument submitted for Council’s acceptance that restricts building outside of the building envelope.

Amendment to Conditions 10 and 15(a) be refused for the following reasons: 1. To satisfy an objective of the R5 zone: to provide residential housing in a rural setting

while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality installation of an appropriate inter allotment drainage system is essential as well as necessary road infrastructure in accordance with Council’s Road Management Policy;

2. The modification does not satisfy Clause 6.4 Stormwater management of Dungog LEP

2014 as stormwater from the proposed subdivision will not be controlled to avoid any significant adverse impacts of stormwater runoff occurring onto proposed Lot 10 and adjoining properties;

3. The modification does not satisfy Clause 6.5 – Drinking Water Catchments and

Clause 6.10 Williams River catchment of Dungog LEP 2014 as the receiving waters will not be adequately protected from uncontrolled stormwater runoff;

2. DEVELOPMENT APPLICATION – 170/2013

FILE NO: DA 170/2013

ANNEXURES:

E Approved subdivision plan

F Repositioned Building Envelope on proposed Lot 11

G 4.15 Assessment


APPLICANT: Mr B Hamilton

OWNER: Mr B Hamilton

PROPOSAL: Modification to Allow Amendment to Conditions 10, 15(A), & 17 of the Development Consent DA 170/2013 – Subdivision Two (2) Lots Into Three (3) Lots

LOCATION: Lot: 1 DP160104 & Lot 1 DP 256124, No.8 Reservoir Road Dungog

ZONE: R5 Large Lot Residential Zone

Page 15


4. The proposal will not satisfy Council’s Roads Management Policy for Urban areas

of Dungog;

5. The modified subdivision is likely to adversely impact onto the locality in terms of uncontrolled stormwater and lack of adequate road infrastructure being provided along Reservoir Road;

6. Approval of the application would not be in the public interest and has the potential to

set an undesirable precedent.

Precis: The following report considers an application submitted to Dungog Council under Section 4.55(1A) of the Environmental Planning and Assessment Act 1979 to modify development consent No. 170/2013 for subdivision of two (2) lots into three (3) lots at No. 8 Reservoir Street Dungog.

******** MOTION 37906 That the matter be deferred pending a site inspection and further investigation

by Councillors. Moved: Cr S Low, Seconded: Cr J Connors.

Carried.


For: Crs Norman, Rayward, Connors, Riley, Booth, Wall, Lyon, Low

Cr Murphy returned to the Chambers at 6.40 pm.

Page 16


OFFICERS RECOMMENDATION:

1. That Council resolve to amend Dungog Local Environmental Plan 2014, pursuant to

Section 3.33 of the Environmental Planning and Assessment Act 1979, in order to amend clause 4.2A(3)(f) as follows:

(3) Development consent must not be granted for the erection of a dwelling house or a dual occupancy on land to which this clause applies, and on which no dwelling house or dual occupancy has been erected, unless the lot on which the dwelling is to be erected: (a) is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land on which the dwelling house or dual occupancy is proposed, or

(b) is a lot created under this Plan (other than under clause 4.1B or clause 4.2 (3)), or

(c) is a lot created before this Plan commenced and: (i) the erection of a dwelling house was permissible on that lot, and

(ii) no development standards limiting the power to grant development consent for the erection of a dwelling house applied to that lot,

before that commencement, or

(d) is a lot resulting from a subdivision for which development consent (or

equivalent) was granted before this Plan commenced and on which the erection of a dwelling house or a dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or

(e) is an existing holding, or

(f) would have been a lot or a holding referred to in paragraph (a), (b), (c), (d) or

(e) had it not been affected by: (i) a minor realignment of its boundaries that did not create an additional lot, or (ii) a subdivision creating or widening a public road or public reserve or for another public purpose, or (iii) a consolidation with an adjoining public road or public reserve or for another public purpose.

3. PLANNING PROPOSAL – AMENDMENT TO CLAUSE 4.2a(3)(F) OF DUNGOG LOCAL ENVIRONMENTAL PLAN 2014

FILE NO: EF15/123

ANNEXURES:

H Extract Dungog LEP 2014 – Clause 4.2A

I Extract from 2011 and 2013 draft LEP Exhibition

J Draft Planning Proposal

AUTHOR: Senior Town Planner/Development Officer

PROPOSAL: Amendment to Clause 4.2a(3)(F) of Dungog Local Environmental Plan 2014 as it Relates to the Permissibility of Dwelling Houses and Dual Occupancy Development on Existing Holdings

Page 17


Note. A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.

2. That Council forward the draft planning proposal to the Minister for Planning for

Gateway Determination pursuant to Section 3.34 of the EP&A Act 1979.

3. That Council advise the Director-General of Department of Planning and Environment that Council does not seek to exercise delegations for undertaking Section 3.36 of the EP&A Act 1979.

4. That Council consult with the community and relevant government agencies as instructed by the Gateway Determination.

5. Receive a report back on any planning proposal to which a written objection is received during consultation with the community as per the requirements of Section 3.34 of the EP&A Act 1979, otherwise forward the revised planning proposal to the Department of Planning and Environment requesting to make the proposed amendments to Dungog LEP 2014.

Precis: Clause 4.2A of Dungog LEP 2014 contains provisions relating to the granting of consent for dwelling houses or dual occupancy development within rural and environmental zones and subclause (3)(a) to (f) sets out the criteria that must be met. One of the criteria is if the land is an ‘existing holding’. Under the current provisions of clause 4.2A, a dwelling entitlement on an existing holding is lost if the existing holding is subject to a minor realignment of its boundaries (no new lots created), or modified through a subdivision or consolidation with adjoining land for a public purpose. The purpose of this report and the attached Planning Proposal is to amend clause 4.2A(3)(f) of Dungog LEP 2014 to enable an ‘existing holding’ to be modified by a minor realignment of its boundaries, or modified through a subdivision or consolidation with adjoining land for a public purpose, without extinguishing its dwelling entitlement.

******** RESOLUTION 37907 1. That Council resolve to amend Dungog Local Environmental Plan 2014,

pursuant to Section 3.33 of the Environmental Planning and Assessment Act 1979, in order to amend clause 4.2A(3)(f) as follows:

(3) Development consent must not be granted for the erection of a

dwelling house or a dual occupancy on land to which this clause applies, and on which no dwelling house or dual occupancy has been erected, unless the lot on which the dwelling is to be erected:

(a) is a lot that is at least the minimum lot size shown on the Lot

Size Map in relation to that land on which the dwelling house or dual occupancy is proposed, or

(b) is a lot created under this Plan (other than under clause 4.1B or clause 4.2 (3)), or

(c) is a lot created before this Plan commenced and: (i) the erection of a dwelling house was permissible on that

lot, and (ii) no development standards limiting the power to grant

development consent for the erection of a dwelling house applied to that lot,

before that commencement, or

Page 18


(d) is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house or a dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or

(e) is an existing holding, or

(f) would have been a lot or a holding referred to in paragraph (a), (b), (c), (d) or (e) had it not been affected by:

(i) a minor realignment of its boundaries that did not create an additional lot, or

(ii) a subdivision creating or widening a public road or public reserve or for another public purpose, or

(iii) a consolidation with an adjoining public road or public reserve or for another public purpose.

Note. A dwelling cannot be erected on a lot created under clause 9 of

State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2. 2. That Council forward the draft planning proposal to the Minister for

Planning for Gateway Determination pursuant to Section 3.34 of the EP&A Act 1979.

3. That Council advise the Director-General of Department of Planning and Environment that Council does not seek to exercise delegations for undertaking Section 3.36 of the EP&A Act 1979.

4. That Council consult with the community and relevant government

agencies as instructed by the Gateway Determination. 5. Receive a report back on any planning proposal to which a written

objection is received during consultation with the community as per the requirements of Section 3.34 of the EP&A Act 1979, otherwise forward the revised planning proposal to the Department of Planning and Environment requesting to make the proposed amendments to Dungog LEP 2014.

Moved: Cr S Low, Seconded: Cr J Connors.

Carried.


For: Crs Norman, Rayward, Connors, Riley, Murphy, Booth, Wall, Lyon, Low.

Page 19


OFFICERS RECOMMENDATION That Council does not support the proposed Planning Proposal to amend Dungog Local Environmental Plan 2014 Schedule 1 ‘Additional Permitted Uses’ to include Lot 2 DP 1176357 for the purpose of a dwelling house.

Note: A separate report is being considered within this Business Paper, seeking to amend Clause 4.2A(3)(f) of Dungog Local Environmental Plan 2014, as it applies to existing holdings, which may result in permissibility of a dwelling house on the subject land.

Precis: This report considers the merit of the Planning Proposal to amend Dungog Local Environmental Plan (LEP) 2014 Schedule 1 ‘Additional Permitted Uses’ to include Lot 2 DP 1176357 for the purpose of a dwelling house.

******** MOTION 37908 That the matter be deferred pending the outcome of the LEP Planning

Proposal. Moved: Cr S Low, Seconded: Cr J Connors.

Carried.



4. PLANNING PROPOSAL – AMENDMENT TO DUNGOG LOCAL ENVIRONMENTAL PLAN 2014 – ADDITIONAL PERMITTED USES

FILE NO: 171/82/44

ANNEXURES: K Extract Dungog LEP 2014 – Clause 4.2A

L Draft Planning Proposal

AUTHOR: Senior Town Planner/Development Officer

APPLICANT: Perception Planning Pty Ltd

OWNER: FRD Investments Pty Ltd

PROPOSAL: Amendment of Dungog Local Environmental Plan 2014 Schedule 1 ‘Additional Permitted Uses’ to include Lot 2 DP 1176357 for the Purpose of a Dwelling House

LOCATION: Lot 2 DP 1176357, Ebsworth Road, Clarence Town

ZONE: Ru1 Primary Production

Page 20


OFFICERS RECOMMENDATION: Approval of Development Application 153/2017 subject to conditions as set out in Annexure ‘M’.

Precis: This report considers Development Application No.153/2017 which seeks consent to the staged subdivision of two lots of land into 3 lots at 133-163 Lennoxton Road, Vacy.

********* RESOLUTION 37909 Approval of Development Application 153/2017 subject to conditions as set out

in Annexure ‘M’. Moved: Cr r Booth, Seconded: Cr J Lyon.

Carried.



5. DEVELOPMENT APPLICATION - 153/2017 - PROPOSED 2 LOTS INTO 3 LOTS SUBDIVISION 133 & 163 LENNOXTON ROAD VACY

FILE NO: TPA 153/2017

ANNEXURES: M Proposed Conditions of Consent

AUTHOR: Garry Warnes, Town Planner

APPLICANT: Graeme Ferguson

OWNER: Mr M & Mrs R L Burgmann

PROPOSAL: Staged 2 Lots into 3 Lots Subdivision

LOCATION: LOT: 303 DP: 1199434, LOT: 302 DP: 1199434, 133 Lennoxton Road VACY, 163 Lennoxton Road VACY

ZONE: Part Zone R5 Large Lot Residential & Part Zone E3 Environmental Management

Page 21


ANNEXURE ‘M’

General 1. The staged subdivision of Lots 302 & 303 DP 1199434 133-63 Lennoxton Road,

Vacy being carried out in accordance with the following information submitted with development application 153/2017, except as modified by the conditions of this consent:

(a) Plans Reference:

Name of Plan Drawing No Issue

Prepared By Date

Proposed Subdivision of Lots 302 & 303 in DP 1199434

Sheet 01 Edition D

Graeme Ferguson Registered Surveyor

1 June 2017

Plan of Proposed Subdivision of Lot 302 DP 1199434

Sheet 02 Edition B


9 January 2018

Plan of Proposed Subdivision of Lot 302 DP 1199434

Sheet 03 Edition B


9 January 2018

(b) Document Reference:

Document Reference Author Date Statement of Environmental Effects

- Graeme Ferguson Registered Surveyor

26 September 2017

Bushfire Threat Assessment

- Firebird Eco Consultants Pty Ltd

6 July 2107

2. A separate approval will be required for the installation of an on-site sewage

management system to be approved by Council for the proposed Lot 305.

3. All native vegetation on the site shall be retained and protected unless the proposed clearing complies with the Biodiversity Conservation Act 2016 and or Local Land Services Act 2013.

4. Under s.90 of the NP&W Act, it is an offence to knowingly damage deface or destroy Aboriginal objects without prior permission of the Chief Executive of the Office of Environment and Heritage (OEH) Should any Aboriginal objects be located during the development works, work should stop immediately.

Prior to Commencement of Works

5. Separate approval from Council as the Roads Authority must be obtained under Section 138 of the Roads Act 1993 for any works within a Council road reserve including the construction of any vehicle access/footpath crossing. For any such works, design plans must be submitted to Council for approval prior to issue of the Construction Certificate.

6. The developer shall arrange for detailed engineering design plans to be submitted to

Council for approval for: -

Page 22


The installation of a sealed entrance to proposed Lots 305 &306 (307 stage 2) and the installation of a sealed entrance to proposed Lot 307 (Stage 2) complying with the requirements of the Council Drawing Number SD0015 titled “Private Entrance - Rural Bitumen Roads – July 2000, as amended”. The entrance shall be constructed so as not to impede the flow of water in any table drain.

During Construction 7. Measures shall be implemented to prevent vehicles tracking sediment, debris, soil

and other pollutants onto any road.

8. ALL EXCAVATED OR FILLED AREAS are to be BATTERED to a slope of not greater than 45 degrees to the horizontal, or alternatively, be retained by a retaining wall.

Where the height of the retaining wall exceeds 1000mm, duplicate copies of structural details, prepared by a practicing Structural Engineer, are to be submitted to and approved by the Principle Certifying Authority prior to their construction.

All excavated and filled areas are to be drained to the satisfaction of Council

9. To minimise soil erosion during construction, the owner and builder shall ensure that

the following measures are implemented in the sequence outlined:-

(i) A dish shaped diversion drain or similar structure will be constructed above the proposed house site to divert run-off to a stable discharge area such as an area with a grass cover. (This diversion drain is to be lined with turf or otherwise stabilised if it erodes after rainfall).

(ii) A sediment trapping fence using a geotextile fabric specifically designed for such a purpose and installed to manufacturer's specifications is to be placed below the construction area (e.g. "silt stop").

(iii) Vegetation is to be cleared from the construction site only; other areas are to remain undisturbed.

(iv) Top soil from the construction site or builders sand is to be stockpiled in a location where it will not be eroded from the site, and is not to be stockpiled on the road reserve.

(v) All erosion control measures will require maintenance after rainfall. They should be retained until the site has fully revegetated.

(vi) If soil or other materials are spilt accidentally onto the road or gutter, they shall be removed prior to the completion of the day's work.

All erosion and sedimentation controls are to be installed in accordance with Council's erosion and sedimentation control policy and code of practice. Failure to implement and maintain all erosion and sedimentation control measures is a breach of the Protection of the Environment Operations Act 1997 and is liable to an on-the-spot fine.

Prior to Release of Subdivision Certificate 10. Application for a Subdivision Certificate is to be submitted to and approved by Council

prior to release of the final linen plan of subdivision. 11. Submission of an original plan of survey by a Registered Surveyor and six (6) copies

to Council for subdivision approval. Advice: The final plans must conform generally to the subdivision proposal shown on

the subdivision plan submitted with the Development Application and incorporate Council’s requirements.

Page 23


12. A Subdivision Certificate will not be issued nor the final plan signed and released by

Council until all conditions of consent have been complied with to Council’s satisfaction.

13. The construction of a bitumen sealed entrance to proposed lots 305 & 306 (Stage 1)

and the construction of a bitumen sealed entrance to proposed lot 307 (Stage 2), complying with the requirements of Council’s standard drawings and the approval issued under s138 of the Roads Act 1993. The entrance shall be constructed so as not to impede the flow of water in any table drain.

14. The developer shall carry out additional roads and stormwater works within the road

reserve or Council’s land at no cost to Council necessary to ensure satisfactory transitions to existing work as a result of conditions of this consent.

The extent of works required for this development will be determined by Council in conjunction with assessing the application under the Roads Act.

Advice: All works to be approved by Council prior to the release of the Subdivision Certificate.

15. The developer being responsible for any costs relating to minor alterations and

extensions of existing roads, drainage and Council services for the purposes of the development.

16. The making good to the satisfaction of Council, or payment of the costs incurred by Council in making good, any pavement damage or structural deterioration caused to Council's roads by the use of such roads as haulage routes for materials used in construction or the operation of the approved development.

17. Suitable arrangements being made with an energy provider to ensure that:

(a) electricity will be available to each allotment created by the subdivision when and

if development is proposed on the land;

(b) where the energy provider so requires any transmission lines or other assets of an energy provider on private land be “protected” by an easement; and

(c) where development requires the relocation of transmission lines or other assets,

the applicant is required to make satisfactory arrangements with an energy provider for such relocation to be carried out.

Advice: An energy provider is responsible for the supply of electricity to this land. The applicant must contact an energy provider on all matters concerning electricity supply. A letter from an energy provider stating that satisfactory arrangements have been made for the supply of electricity in the subdivision is to be submitted to Council, and accepted, prior to the release of the linen plan of subdivision.

18. Suitable arrangements being made with a telecommunications carrier to ensure that: (a) communication will be available to each allotment created by the subdivision

when and if development is proposed on the land;

(b) that any transmission lines or other assets of a telecommunications carrier on private land be “protected” by an easement; and

Page 24


(c) where development requires the relocation of transmission lines or other assets, the applicant is required to make satisfactory arrangements with a telecommunications carrier for such relocation to be carried out.

Advice: For details of arrangements pertaining to the land, applicants must contact a telecommunications carrier direct. A letter from a telecommunications carrier stating that suitable arrangements have been made is to be submitted to Council, and accepted, prior to release of the linen plan of subdivision.

19. Prior to issue of the Subdivision Certificate, a certificate of compliance under Section 50 of the Hunter Water Act 1991 for this development shall be submitted to the Principal Certifying Authority.

20. The developer shall ensure that satisfactory arrangements have been made with

Council for the supply and erection of property identification numbers in accordance with Council’s Rural Addressing Program.

Advice: A payment to Council for each lot created is required for rural addressing

purposes

21. Payment of a cash contribution to Council in accordance with the provisions of Dungog Section 7.11 Contributions Plan 2004 adopted 29 September 2004 as amended September 2015.

The following contributions, which are subject to quarterly adjustment, are to be paid

prior to the release of linen plan and subdivision certificate for Stage 1: 6a) Vacy Contributions Area

Sports Fields $3,936.92 Parklands $221.77

Swimming Pool $1,055.25

Indoor Sports Facility $1,108.18 Local Community Centre $343.71 District Community Centre $238.52 Youth Venue $195.64 Arts & Craft Centre $67.67 Aged facility $179.56 Library $509.87 Pre School $676.70 Rural Sub Arterial Roads Upgrades $693.45 Rural Local Roads & Intersection upgrades $1769.47 Bikeways Facilities $74.37 Fire Services $1,143.02 Sect 7.11Management $806.01 Administration Building $571.51

TOTAL $13,591.62 Advice: Copies of the Contributions Plan are available for inspection and purchase at Council’s Administration Building, Dungog.

The applicant and / or subdivider must contact Council prior to the payment to determine the current rate of contribution, as the rates are revised quarterly. Staging of payments is permitted if staging of development is approved by the terms of this consent.

Page 25


22. All fees, Section 7.11 and other Contributions will need to be adjusted in accordance with Councils Fees and Charges applicable at the time of payment.

23. Prior to the release of a Subdivision Certificate for Stage 1, certification by a suitably qualified person is to be provided to the Principle Certifying Authority demonstrating compliance with the NSW Rural Fire Service Bushfire Safety Authority conditions (conditions 24-28).

Special Conditions NSW Rural Fire Service Bushfire Safety Authority Conditions

24. Prior to the issue of subdivision certificate, and in perpetuity, the property around the existing dwelling within proposed Lot 306 to a distance of 25 metres, shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

25. The provision of water, electricity and gas shall comply with section 4.1.3 of ’Planning for Bushfire Protection 2006’.

26. In recognition that an unreliable water supply exists, a 20,000 litre water supply shall

be provided for the existing dwelling within proposed lot 306 in accordance with ’Planning for Bushfire Protection 2006’ and the following:

(i) Aboveground tanks shall be constructed of non-combustible material. A65 mm Metal Storz fitting and ball or gate valve shall be installed in any tank (ii) The gate or ball valve, pipes and tank penetration shall be adequate for full

50mm inner diameter water flow through the Storz fitting and shall be metal rather than plastic.

(iii) A standard Static Water Supply (SWS) marker shall be obtained from the

District NSW Rural Fire Service as part of the Static Water Supply Program once the tank water supply has been installed.

The marker once issued is to be:

(a) fixed in a suitable location so as to be highly visible; (b) positioned adjacent to most appropriate access for the static water supply; (c) fixed facing the roadway on a gatepost, fence or dedicated post, at the right hand side of the entranceway to the Static Water Supply; (d) fixed no less than 600mm from the ground surface to the base of the sign

and not higher than 1200 mm from the ground surface to the base of the sign; and

(e) fixed with suitable screws or nails. 27. The property access road for the existing dwelling within proposed lot 306 shall be

upgraded to comply with the following requirements of section 4.1.3 (2) of ’Planning for Bushfire Protection 2006’ including as follows:

(i) A minimum carriageway width of 4 metres; (ii) A minimum vertical clearance of 4 metres to any overhanging obstruction,

including tree branches; (iii) A turning circle with a minimum 12 metre outer radius; (iv) Curves have a minimum inner radius of 6 metres and are minimal in number

to allow for rapid access and egress; (v) The minimum distance between the inner and outer curves is 6 metres; (vi) The crossfall does not exceed 10 degrees; and (vii) Maximum grades for sealed roads do not exceed 15 degrees and not more than 10 degrees for unsealed roads.

Page 26


28. The existing building situated within proposed lot 306 is required to be upgraded to

improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non corrosive metal screen mesh with a maximum aperture of 2mm. Where applicable, this includes and sub floor areas, openable windows, vents, weepholes and eaves. External doors are to be fitted with draft excluders.

General Advice This approval is for the subdivision of the land only. Any further development application for class 1,2 & 3 buildings as identified in the ‘Building Code of Australia’ must be subject to separate application under section 79B of the EP&A Act and address the requirements of ‘Planning for Bushfire Protection 2006’.

Page 27


6. PROPOSED AMENDMENT TO DUNGOG SHIRE COUNCIL DEVELOPMENT CONTROL PLAN NO 1 – CANGON PARK RURAL RESIDENTIAL DEVELOPMENT

FILE NO: EF08/532

ANNEXURES: Nil



Rural and Urban Development

DELIVERY PROGRAM: 4.1 Improvement in Council’s policy framework to enable delivery of high quality development outcomes.

OFFICERS RECOMMENDATION: 1. In accordance with section 3.43 of the Environmental Planning and Assessment Act

1979 and clause 18 of the Environmental Planning and Assessment Regulation 2000, Council place the draft Development Control Plan Chapter on public exhibition for a minimum of 28 days; and

2. Following completion of the public exhibition period, the matter be reported back to

Council for consideration of both changes required to the plan and submissions received during the exhibition period, in accordance with clause 21 of the Environmental Planning and Assessment Regulation 2000.

Précis: This report seeks Council’s support to place on exhibition an amendment to Dungog Shire Council Development Control Plan No 1, being the introduction of a new site specific chapter for the Cangon Park Residential Development.

********* MOTION 37910 1. In accordance with section 3.43 of the Environmental Planning and

Assessment Act 1979 and clause 18 of the Environmental Planning and Assessment Regulation 2000, Council place the draft Development Control Plan Chapter on public exhibition for a minimum of 56 days; and

2. Following completion of the public exhibition period, the matter be reported back to Council for consideration of both changes required to the plan and submissions received during the exhibition period, in accordance with clause 21 of the Environmental Planning and Assessment Regulation 2000.

Moved: Cr G Wall, Seconded: Cr D Rayward.

Carried.



.

Page 28


7. PROPOSED AMENDMENT TO DUNGOG SHIRE COUNCIL DEVELOPMENT CONTROL PLAN NO 1

FILE NO: EF08/532

ANNEXURES: Nil

AUTHOR: Manager Planning


4. Rural and Urban Development

DELIVERY PROGRAM: 4.1 Improvement in Council’s policy framework to enable delivery of high quality development outcomes.


1. In accordance with section 3.43 of the Environmental Planning and Assessment Act 1979 and clause 18 of the Environmental Planning and Assessment Regulation 2000, Council place the draft Development Control Plan Chapter on public exhibition for a minimum of 28 days; and

2. Following completion of the public exhibition period, the matter be reported back to Council for consideration of any submissions received during the exhibition period, in accordance with clause 21 of the Environmental Planning and Assessment Regulation 2000.

Précis:

This report seeks Council’s support to exhibit amendments to Dungog Shire Council Development Control Plan No 1. The proposed amendments relate to Part C Chapter 3 - Building Line Setbacks. The revised DCP Chapter is not intended to replace site specific controls included within various Local Area Plans (Part D of the DCP), including those relating to Vacy, Boatfalls and Boulton Drive subdivisions. The impacts of the proposed amendments have been discussed at a Council Strategic Workshop and Council can now consider the contents of the original report. These amendments are part of an ongoing program to update all the Chapters of Dungog Shire Development Control Plan No 1.

********* 1. In accordance with section 3.43 of the Environmental Planning and

Assessment Act 1979 and clause 18 of the Environmental Planning and Assessment Regulation 2000, Council place the draft Development Control Plan Chapter on public exhibition for a minimum of 28 days; and

2. Following completion of the public exhibition period, the matter be reported back to Council for consideration of any submissions received during the exhibition period, in accordance with clause 21 of the Environmental Planning and Assessment Regulation 2000.

Moved: Cr G Riley, Seconded: Cr K Murphy. Cr Low foreshadowed a motion.

Defeated.

Page 29


AMENDMENT


For: Crs Norman, Rayward, Connors, Murphy, Wall, Lyon, Low. Against: Crs Riley, Booth.

37911 1. In accordance with section 3.43 of the Environmental Planning and Assessment Act 1979 and clause 18 of the Environmental Planning and Assessment Regulation 2000, Council place the draft Development Control Plan Chapter on public exhibition for a minimum of 56 days; and

2. Following completion of the public exhibition period, the matter be reported ba ck to Council for consideration of any submissions received during the exhibition period, in accordance with clause 21 of the Environmental Planning and Assessment Regulation 2000.

Moved: Cr G Wall, Seconded: Cr S Low. Amendment became the motion.

Carried.

Page 30


8. DEVELOPMENT APPLICATIONS – DELEGATED AUTHORITY

FILE NO: EF 08/228

ANNEXURES: Nil

AUTHOR: Manager Planning


Rural & Urban Development - Ensure that our land use planning for the Shire acknowledges the importance of our rural character and agricultural activities.

DELIVERY PROGRAM: 4.2 Processing of Development Applications to ensure the ongoing environmental sustainability of the LGA.


That the report be received and the information noted.

Precis: Development Consent has been granted to the following development applications under delegated authority for the month of October 2018.

****** RESOLUTION 37912

That the report be received and the information noted. Moved: Cr S Low, Seconded: Cr J Connors.

Carried.


For: Crs Norman, Rayward, Connors, Riley, Murphy, Booth, Wall, Low. Against: Cr Lyon.

Page 31


ENVIRONMENTAL SERVICES DEPARTMENT REPORTS

1. DRAFT AMENDMENT TO DUNGOG LEP 2014 - PLANNING PROPOSAL FOR REZONING OF LOT 9 SERENITY WAY VACY (FORMER SANITARY WASTE DEPOT)

FILE NO: EF15/83

ANNEXURES: Nil

AUTHOR: Manager Environmental Services


4. Rural and Urban Development

DELIVERY PROGRAM: There is no specific Strategy that encompasses this Planning proposal.

OFFICERS RECOMMENDATION: 1. Council authorises the submission of the final Planning Proposal, to rezone Lot 9

Serenity Way Vacy from SP2 to RU5 and request the Department of Planning and Environment to instruct Parliamentary Counsel to prepare the legal instrument.

2. Concurrently, Council requests the Minister for Planning to amend the Dungog Local Environmental Plan 2014, in accordance with the final Planning Proposal.

Precis: A Planning Proposal seeking the rezoning of Lot 9 Serenity Way, Vacy was forwarded to the Department of Planning & Infrastructure with a Gateway Determination received and the proposal subsequently placed on public exhibition and referred to the appropriate authorities. This report outlines the feedback received during the public exhibition and referral process and the resulting additional verification works completed in relation to the contaminated land aspects of the proposal. The Report then seeks Council endorsement to finalise the Planning Proposal and forward to the Department of Planning & Environment for concurrence and gazettal.

******** RESOLUTION

37913 1. Council authorises the submission of the final Planning Proposal, to rezone Lot 9 Serenity Way Vacy from SP2 to RU5 and request the Department of Planning and Environment to instruct Parliamentary Counsel to prepare the legal instrument.

2. Concurrently, Council requests the Minister for Planning to amend the Dungog Local Environmental Plan 2014, in accordance with the final Planning Proposal.

Moved Cr K Murphy, Seconded Cr G Wall.

Carried.

Page 32


INFRASTRUCTURE AND ASSETS DEPARTMENT REPORT

1. REGIONAL PROCUREMENT TENDER FOR THE SUPPLY & DELIVERY OF PRE-CAST BRIDGE PLANKS – T151819MNC

FILE NO: EF08/290

ANNEXURES: Nil

AUTHOR: Executive Manager Infrastructure & Assets

COMMUNITY STRATEGIC PLAN

Public Infrastructure & Services

DELIVERY PROGRAM: 4.2 Timber Bridge Upgrades

OFFICERS RECOMMENDATION: It is recommended that Council:-

1. That the following tenderers for Regional Procurement Tender for the Supply and Delivery of Pre-Cast Bridge Planks – T151819MNC be appointed to this contract as Panel Source Suppliers to Dungog Shire Council for the period 1 November 2018 to 30 September 2021 (35months):-

a. Australian Precast Solutions b. CPB Contractors Pty Ltd c. Holcim (Australia) Pty Ltd d. Inquik Pty Ltd e. Quickcell Technology Products Pty Ltd f. Waeger Constructions Pty Ltd

2. That a provision be allowed for a 24 months extension based on satisfactory supplier

performance, which may take this contract through to 30 September 2023. Precis: To provide Council with information regarding the recent Panel Source Tender undertaken by Regional Procurement for the Supply & Delivery of Pre-Cast Bridge Planks – T151819MNC.

******

Page 33


RESOLUTION

37914 1. That the following tenderers for Regional Procurement Tender for the Supply and Delivery of Pre-Cast Bridge Planks – T151819MNC be appointed to this contract as Panel Source Suppliers to Dungog Shire Council for the period 1 November 2018 to 30 September 2021 (35months):- a. Australian Precast Solutions b. CPB Contractors Pty Ltd c. Holcim (Australia) Pty Ltd d. Inquik Pty Ltd e. Quickcell Technology Products Pty Ltd f. Waeger Constructions Pty Ltd

2. That a provision be allowed for a 24 months extension based on

satisfactory supplier performance, which may take this contract through to 30 September 2023.

Moved Cr G Wall, Seconded Cr G Riley.

Carried.

Page 34


2. ASSET MANAGEMENT POLICY

FILE NO: EF11/41

ANNEXURES: A C3:35 Asset Management Policy

AUTHOR: Executive Manager Infrastructure & Assets



DELIVERY PROGRAM: 9.1 Asset Management

OFFICERS RECOMMENDATION: It is recommended that Council adopt the Asset Management Policy C3.35. Precis: To provide Council with an updated Asset Management Policy which identifies Council’s obligations to effectively account for and manage its assets having regard to the long term and cumulative effects of its decisions.

******

MOTION

37915 1. The Asset Management Policy be placed on public exhibition for 28 days. 2. Where no submissions are received, or submissions are considered by the General Manager to be of a minor nature during the public exhibition period, that the Policy be adopted without further referral to Council. Moved Cr S Low AM, Seconded Cr J Connors.

Carried.

Page 35


3. WORKS PROGRESS REPORT

FILE NO: EF02/208

ANNEXURES: ‘B’ Major Works to continue or commence in the next 3 months

AUTHOR: Works Manager



DELIVERY PROGRAM: 8. Council Programs and Activities Supporting Public

Infrastructure and Services

OFFICERS RECOMMENDATION: That the report be received and the information noted. Precis: Reporting on construction and maintenance works undertaken in October 2018.

******

RESOLUTION

37916 That the report be received and the information noted. Moved Cr R Booth, Seconded Cr K Murphy.

Carried.

Page 36


OFFICERS RECOMMENDATION: It is recommended that Council adopt the following Asset Management Plans:-

Transport Infrastructure; Buildings; Stormwater; and Parks & Recreation Infrastructure

Precis: To provide Council with updated Asset Management Plans for the key areas of Transport, Buildings, Stormwater, Parks & Reserves.

******

RESOLUTION

4. ASSET MANAGEMENT PLANS – TRANSPORT, BUILDINGS, STORMWATER, PARKS & RESERVES

FILE NO: EF11/41

ANNEXURES: Nil

AUTHOR: Executive Manager Infrastructure and Assets




4. ASSET MANAGEMENT PLANS – TRANSPORT, BUILDINGS, STORMWATER, PARKS & RESERVES

FILE NO: EF11/41

ANNEXURES: Nil

AUTHOR: Executive Manager Infrastructure and Assets




37917 1. The Asset Management Plans for:

Transport Infrastructure; Buildings; Stormwater; and Parks & Recreation Infrastructure

be placed on public exhibition for a period of 28 days. 2. Where no submissions are received, or submissions are considered by the General Manager to be of a minor nature during the public exhibition period, that the Asset Management Plans be adopted without further referral to Council. Moved Cr J Connors, Seconded Cr K Murphy.

Carried.

Page 37


CORPORATE SERVICES DEPARTMENT

1. FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2018

FILE NO: EF08/64

ANNEXURES: Nil

AUTHOR: Manager Finance


Council Governance & Finance - Council undertakes prudent financial management to ensure its long-term viability

DELIVERY PROGRAM: 5.1 Finance – Budget

Road


That the Financial Statements and Auditors Reports for the year ended 30 June 2018 be received and noted.

Precis:

Presentation of the audited general purpose financial statements, special purpose financial statements and special schedules as per the requirements of Section 419 of the Local Government Act 1993.

**********

RESOLUTION

37918 That the Financial Statements and Auditors Reports for the year ended 30 June 2018 be received and noted. Moved Cr G Riley, Seconded Cr D Rayward.

Carried.

Page 38


2. QUARTERLY FINANCE REPORT FOR THE PERIOD ENDING 30 SEPTEMBER 2018

FILE NO: EF08/224

ANNEXURES: B Quarterly finance report for the period ending 30 March 2018

AUTHOR: Manager Finance


Council Governance and Finance

DELIVERY PROGRAM: Council undertakes prudent financial management to ensure its long-term viability

Road OFFICERS RECOMMENDATION: That the variations to budgeted expenditures and revenues for the September quarter be approved and form part of the Operational Plan 2018/19. Precis: Review of expenditure and revenues as per Section 203 of the Local Government (General) Regulation 2005 for the quarter ending 30 September 2018.

********** RESOLUTION

37919 That the variations to budgeted expenditures and revenues for the September quarter be approved and form part of the Operational Plan 2018/19. Moved Cr G Riley, Seconded Cr J Lyon.

Carried.

Page 39


3. STATEMENT OF INVESTMENTS

FILE NO: EF08/220

ANNEXURES: B Statement of Investments

AUTHOR: Finance Manager


Council Governance & Finance - Council undertakes prudent financial management to ensure its long-term viability

DELIVERY PROGRAM: 5.4 Finance – Investments

OFFICERS RECOMMENDATION: The report be received and the information noted. Precis: Clause 212 of Local Government (General) Regulation 2005 requires a monthly report to Council outlining all money’s Council has invested under Section 625 of the Local Government Act.


37920 That the report be received and the information noted. Moved Cr K Murphy, Seconded Cr G Riley.

Carried.

Page 40


4. WORKS COST STATEMENT

FILE NO: EF08/221

ANNEXURES: C Works Cost Statement

AUTHOR: Finance Manager


Council Governance & Finance - Council undertakes prudent financial management to ensure its long-term viability.

DELIVERY PROGRAM: 5.1.1 Continue to provide monthly works cost statement to Council.

OFFICERS RECOMMENDATION: The report be received and the information noted. Precis: A selective summary of expenditures on capital works and maintenance expense areas within Council’s roads, bridges, cemeteries, toilets, parks and sports grounds cost centres.

******** RESOLUTION

37921 That the report be received and the information noted. Moved Cr J Lyon, Seconded Cr K Murphy.

Carried.

Page 41


5. COUNCILLORS TRAVELLING & OTHER EXPENSES

FILE NO: EF08/222

ANNEXURES: Nil

AUTHOR: Executive Manager Corporate Services


Council Governance & Finance - Councillors are responsive, accessible and actively involved within local communities

DELIVERY PROGRAM: 1.1 Councillor representation


The report be received and information noted.

Precis:

Report on Councillors travelling for Councillors information.


37922 That the report be received and the information noted. Moved Cr G Riley, Seconded Cr K Murphy.

Carried.

Page 42


OFFICERS RECOMMENDATION: That Council place on public exhibition the amended Dungog Shire Council Community Strategic Plan 2030 and Delivery Program 2018-2022 and draft Resourcing Strategy 2018-2022 for a period of 28 days inviting public comment. Precis: Reporting on the requirement to publically exhibit the draft Resourcing Strategy 2018 - 2022 and any amendments to the previously adopted Community Strategic Plan 2030 and Delivery Program 2018-2022.

********

RESOLUTION

6. PUBLIC EXHIBITION OF INTEGRATED PLANNING AND REPORTING DOCUMENTS

FILE NO: EF09/142

ANNEXURES:

D. Amended Community Strategic Plan

E. Amended Delivery Program 2018 - 2022

F. Resourcing Strategy 2018 - 2022

AUTHOR: Executive Manager Corporate Services


7. Governance and Finance.

DELIVERY PROGRAM: 5.7 Financial Sustainability 6.5 Governance – Workforce Strategy

37923 That Council place on public exhibition the amended Dungog Shire Council Community Strategic Plan 2030 and Delivery Program 2018-2022 and draft Resourcing Strategy 2018-2022 for a period of 28 days inviting public comment. Moved Cr J Connors, Seconded Cr K Murphy.

Carried.

Page 43


GENERAL MANAGER

1. COUNCIL CHRISTMAS ARRANGEMENTS - 2018

FILE NO: EF07/53

ANNEXURES: Nil

AUTHOR: The General Manager


Not applicable

DELIVERY PROGRAM: Not applicable

OFFICERS RECOMMENDATION: That the report be received and the information noted. Precis: Reporting on the proposed Christmas arrangements for 2018.

******** RESOLUTION

37924 That the report be received and the information noted. Moved Cr K Murphy, Seconded Cr G Riley.

Carried.

Page 44


2. CLOSED COUNCIL

FILE NO: N/A

ANNEXURES: Nil



Council Governance & Finance - Decision-making processes are open, transparent and inclusive

DELIVERY PROGRAM: 2.1 Governance – Meetings.

OFFICERS RECOMMENDATION: 1. That Council resolve into Closed Council to consider business identified, together

with any late reports tabled at the meeting. 2. That pursuant to section 10A (1)-(3) of the Local Government Act 1993, the media

and public be excluded from the meeting on the basis that the business to be considered is classified as confidential under the provisions of Sec 10A(2) as outlined above.

3. That correspondence and reports relevant to the subject business be withheld from

access to the media and public as required by Sec 11(2) of the Local Government Act 1993.

Precis: Report referring matters to Closed Council.

******** RESOLUTION

37925 1. That Council resolve into Closed Council to consider business identified, together with any late reports tabled at the meeting.

2. That pursuant to section 10A (1)-(3) of the Local Government Act 1993,

the media and public be excluded from the meeting on the basis that the business to be considered is classified as confidential under the provisions of Sec 10A(2) as outlined above.

3. That correspondence and reports relevant to the subject business be

withheld from access to the media and public as required by Sec 11(2) of the Local Government Act 1993.

Moved Cr R Booth, Seconded Cr K Murphy.

Carried.

Page 45


3. HARDSHIP POLICY REVIEW

FILE NO: EF08/307

ANNEXURES: A Adopted Hardship Policy

B Amended Hardship Policy



Dungog Shire Council Governance & Finance

DELIVERY PROGRAM: Strategy 5: Council undertakes prudent financial management to ensure its long-term viability

OFFICERS RECOMMENDATION: It is recommended that Council:

1. Place on public exhibition Amended Policy C2:11titled “Hardship Policy” for a period of 28 days inviting public comment; and

2. Following completion of the public exhibition period, should submissions be received a further report be provided to Council. If no submissions are received that Council resolve to adopt the amended policy.

Precis: It is timely as Council considers a proposed Special Rate Variation that may adversely impact on some community members, that Council review its policy framework for the assessment of applications from ratepayers who are experiencing genuine financial hardship with the payment of Council rates and charges.

******** RESOLUTION

37926 1. That Council place on public exhibition Amended Policy C2:11 titled “Hardship Policy” for a period of 28 days inviting public comment; and

2. Following completion of the public exhibition period, should submissions be received a further report be provided to Council. If no submissions are received that Council resolve to adopt the amended policy.

Moved Cr D Rayward, Seconded Cr K Murphy.

Carried.

Page 46


REPORTS FROM COMMITTEES AND OUTSIDE ORGANISATIONS

COUNCIL’S MANAGEMENT COMMITTEE MEETING MINUTES

FILE NO: N/A

ANNEXURES: A Management Committee Meeting Minutes


OFFICERS RECOMMENDATION: That the minutes of the Management Committee Meeting be received and noted. Precis: Reporting on Minutes of Council Management Committee Meetings provided to Council.

******** MOTION 37927 That the minutes of the individual Management Committee Meetings be dealt

with independently. Moved: Cr J Connors, Seconded: Cr D Rayward.

Carried. MOTION 37928 1. That the minutes of the Vacy Sportsground Committee Meeting held on

20 September 2018 be received as a report and noted. 2. That Council advertise seeking nominations for membership of the Vacy Sportsground Management Committee. Moved: Cr J Connors, Seconded: Cr D Rayward.

Carried. MOTION 37929 That the minutes of the Paterson School of Arts Hall Committee Meeting held

on 24 September 2018 be received as a report and noted. Moved: Cr J Connors, Seconded: Cr G Riley.

Carried.

MOTION 37930 That the minutes of the Dungog Showground Management Committee

Meeting held on 4 October 2018 be received and noted. Moved: Cr J Connors, Seconded: Cr K Murphy.

Carried.

Page 47


MOTION 37931 That the minutes of the Australia Day Committee Meeting held on 19 October

2018 be received and noted. Moved: Cr K Murphy, Seconded: Cr S Low AM.

Carried.

Page 48


NOTICE OF MOTION

1. THE IMPACT OF PROPOSED 98% SRV ON FARMING FAMILIES

FILE NO: EF08/367

ANNEXURES: A Comparison Information

B Examples of Rates Payable by Farmers

AUTHOR: Councillor Steve Low AM

MOTION The report be received and the information noted for information and consideration before the level of SRV is adopted by Council. MOTION 37932 The report be received and the information noted for information and

consideration before the level of SRV is adopted by Council. Moved: Cr S Low AM, Seconded: Cr G Wall.

Defeated.

The Mayor in accordance with the Local Government Act called for a Division. The Division resulted in 4 for 5 against as follows:

For: Crs Connors, Murphy, Low, Wall. Against: Crs Norman, Booth, Riley, Rayward, Lyon.

BUSINESS OF AN URGENT NATURE Nil.

Page 49


CLOSED COUNCIL MOTION

37933

1. Council resolve into closed council to consider business identified, together with any late reports tabled at the meeting.

2. Pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) of the Local Government Act 1993.

3. The correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993.

Moved Cr K Murphy, Seconded: Cr R Booth. Carried.

Council closed its meeting at 8.47 pm. The public and media left the Chambers.

MOTION

37934

That Council resume the Order of Council business. Moved Cr S Low, Seconded: Cr K Murphy.

Carried.The Order of Council business resumed at 8.55 pm.

The following resolutions of Council while the meeting was closed to the public were read to the meeting.

Page 50


ENVIRONMENTAL SERVICES DEPARTMENT

1. PROPOSED ACQUISITION OF LOT 264 DP 48801 RIFLE STREET CLARENCE TOWN - FORMER CLARENCE TOWN LANDFILL SITE

FILE NO: EF07/59

ANNEXURES: A Email – Offer of Sale from Worimi Local Aboriginal Land Council

AUTHOR: Manager Environmental Services


Public Infrastructure and Services - Ensure community assets, facilities and public infrastructure are planned for, maintained and improved to a reasonable standard.

DELIVERY PROGRAM: There is no specific Delivery Plan program that encompasses this matter.


1. That Council resolve to acquire Lot 264 DP 48801, Rifle Street, Clarence Town from the Worimi Local Aboriginal Land Council.

2. The General Manager be authorised to negotiate with the Worimi Local Aboriginal

Land Council for the acquisition of Lot 264 DP 48801, Rifle Street, Clarence Town up to a value of $50,000.

3. That the purchase of the land be funded from the Restricted Asset Fund - Internal Restrictions (Special projects).

Precis: The purpose of this report is to seek Council resolution to reaffirm the acquisition of Lot 264 DP 48801, Rifle Street, Clarence Town, the site of the former Clarence Town landfill. Council previously resolved to acquire this land in December 2015 however significant time has elapsed since due to a long and unexpected process required to extinguish Native Title.


37935

1. That Council resolve to acquire Lot 264 DP 48801, Rifle Street, Clarence Town from the Worimi Local Aboriginal Land Council.

2. The General Manager be authorised to negotiate with the Worimi Local

Aboriginal Land Council for the acquisition of Lot 264 DP 48801, Rifle Street, Clarence Town up to a value of $50,000.

3. That the purchase of the land be funded from the Restricted Asset Fund -

Internal Restrictions (Special projects).

Moved Cr S Low AM, Seconded: Cr G Riley. Carried.

Page 51


There being no further business the meeting terminated at 6.36 pm. Confirmed: ................................................

Mayor

Date: ….....................................................

Confirmed: …............................................. General Manager

Date: ........................................................

Documents

DUNGOG SHIRE COUNCIL · Page 4 Dungog Shire Council Ordinary Meeting Minutes 21 November 2018 Meeting commenced at 6.00 pm. PRESENT: Councillors T Norman, D Rayward, J Connors, J