Minutes of the Ordinary Meeting · 2015. 7. 1. · A MOTION was moved by Cr Wall and seconded Cr Thompson that Council resume the Order of Council business. On being put the motion

DUNGOG SHIRE COUNCIL

Minutes of the Ordinary Meeting

19 May 2009

This is page number 2 of the Minutes of the Ordinary Meeting of the Council of the Shire of Dungog, held Tuesday 19 May 2009.

TABLE OF CONTENTS MAYORAL MINUTE 1. Apology Regarding An Act of Disorder 2. Vale - Emeritus Mayor John Graham Hawley OAM GENERAL MANAGER 1. Management Plan 2009-2012 2. Management Plan Quarterly Report 3. Cessnock Council Request – Pacific Brands 4. Leave of Absence – Councillor Booth 5. Local Government & Shires Association 6. Tillegra Dam 7. Dungog Showground & Recreation Reserve 8. Dungog Showground & Recreation Reserve 9. Council’s Management Committee Meeting Minutes 10. Paterson Reservoir 11. NSW Department of Local Government Circulars 12. Economic Development Committee 13. Tourism Advisory Committee 14. Dungog Showground & Recreation Reserve EXECUTIVE MANAGER – CORPORATE SERVICES 1. Statement of Investments 2. Works Cost Statement 3. Councillors Travelling & Other Expenses 4. Dungog Arts Society Inc 5. Quarterly Finance Report for the Period Ending 31 March 2009 6. GST Compliance Statement EXECUTIVE MANAGER – INFRASTRUCTURE & ASSETS 1. Dungog Swimming Pool 2. Clarence Town Senior Citizens Day Care Centre Inc 3. Works Progress Report 4. NSW Sport & Recreation – 2008/09 Capital Assistance Programme 5. Roads to Recovery Supplementary Programme MANAGER – PLANNING 1. T F Eyb – Development Application 219/06 2. Draft Amendment to Dungog LEP 2006 3. Anglican Church Trustees 4. Clarence Town Senior Citizens Day Care Inc 5. Healthy Spaces and Places Initiative 6. Prioritisation of Standard Instrument Local Environmental Plans 7. Complying Development – Conveyancing Regulation and Post Determination Notification 8. Certification of Draft Standard Instrument Local Environmental Plans for Public Exhibition 9. Litigation Report 10. Development Applications – Delegated Authority MANAGER – ENVIRONMENTAL SERVICES 1. Noxious Weeds Report 2. Environmental Health Officer Report 3. Dowling Street Parking and Loading Zones


CONFIDENTIAL SECTION GENERAL MANAGER 1. Paterson Reservoir MANAGER - PLANNING 2. Draft Amendment to Dungog LEP 2006 Supplementary Information COMPLIMENTS


MINUTES OF THE ORDINARY MEETING OF DUNGOG SHIRE COUNCIL HELD AT DUNGOG SHIRE COUNCIL OFFICES ON 19 MAY 2009 COMMENCING AT 6.10 PM. PRESENT: The Mayor, Councillor G D Wall, and Councillors L D Mitchell, J F Thompson, S B Farrow, P D Ainsworth, A G McKenzie, I S Lloyd, H F Johnston and R A Booth. OFFICERS IN ATTENDANCE: C F Deasey, General Manager, S L Chandler, Executive Manager Corporate Services, S W Hitchens, Executive Manager Infrastructure & Assets, M D Brown, Manager Planning and T J Kavanagh, Manager Environmental Services. APOLOGY: Nil ABSENT: Nil DECLARATION OF INTERESTS: General Manager declared a conflict of interest in the Mayoral Minute Report Item No. 1. CONFIRMATION OF MINUTES:

Minute No. 34478 RESOLVED on the motion of Cr Mitchell and seconded by Cr Thompson that the Minutes of the Ordinary Meeting of Council, held on Tuesday 21 April 2009 having been circulated amongst the members of the Council be confirmed. MATTERS ARISING: Nil The Prayer was delivered by Mayor, Cr Glenn Wall. The Ode was delivered by the Mayor, Cr Glenn Wall. WITHDRAWAL OF ITEMS AND LATE ITEMS OF BUSINESS The General Manager advised that the following late items of business are tabled for consideration at the meeting: Item No. 1 General Managers Replacement Report Item No. 14 General Managers Report Item No. 6 Executive Manager Corporate Services Report Item No. 1 General Managers Confidential Report Cr Wall declared a conflict of Interest in Item No. 1 Mayoral Minute and left the Chambers at 6.15 pm. Deputy Mayor Cr Lea Mitchell assumed the Chair.


MAYORAL MINUTE

Councillor G D Wall 1. APOLOGY REGARDING AN ACT OF DISORDER

EF07/21

Précis: During the Ordinary meeting of Council held on the 21st April, 2009, in responding to Councillor Ainsworth’s question without notice, my actions were an Act of Disorder in that my behaviour was most certainly inconsistent with maintaining order at the meeting and could have bought the Council into contempt or disrepute.

********** Minute No. 34479

A MOTION was moved by Cr Mitchell and seconded by Cr Farrow that: 1. This report be received and information noted. 2. Council accepts the Formal Apology with no further action required. On being put the motion was carried. Cr Wall returned to the Chambers at 6.17 pm.

Councillor G D Wall 2. VALE – EMERITUS MAYOR JOHN GRAHAM HAWLEY OAM

EF08/648 Précis: As Councillors are aware, Emeritus Mayor John Graham Hawley OAM passed away on Thursday 07th May 2009. Emeritus Mayor Hawley’s Service of Thanksgiving was held at St. Andrew’s Presbyterian Church, Dungog, at 11.00 am on Tuesday 12th May 2009.

********** Minute No. 34480

A MOTION was moved by Cr Wall that: 1. This report be received and information noted. 2. Council observe a One Minute Silence as a mark of respect. On being put the motion was carried. A one minute silence was observed.

###### Minute No. 34481

A MOTION was moved by Cr Wall and seconded by Cr Mitchell that the Order of Council business be suspended to allow members of the public to address Council. On being put the motion was carried. The Order of Council business was suspended at 6.25 pm to allow members of the public to address Council. Mr Robert Pollock spoke regarding Dungog Film Festival and use of the James Theatre by Dungog Film Festival and current users (Hopson’s).


Minute No. 34482 A MOTION was moved by Cr Wall and seconded Cr Thompson that Council resume the Order of Council business. On being put the motion was carried. The Order of Council business resumed at 6.30 pm.

###### GENERAL MANAGER'S REPORT

Craig Deasey 1. MANAGEMENT PLAN 2009-2012 EF09/79 Précis: Reporting on the Draft Management Plan 2009-2012 for the Shire of Dungog.

********** Minute No. 34483

RESOLVED on the motion of Cr Thompson and seconded by Cr Lloyd that the Draft Management Plan 2009-2012 be noted by Council and such be placed on public exhibition in accordance with the provisions of Section 405 of the Local Government Act 1993.

Craig Deasey 2. MANAGEMENT PLAN QUARTERLY REPORT EF08/45 Précis: Reporting on the progress of implementation of Councils management plan.

********** Minute No. 34484

RESOLVED on the motion of Cr Mitchell and seconded by Cr Lloyd that the quarterly report on the progress of implementation of Councils Management Plan be received and the information noted.

Craig Deasey 3. CESSNOCK COUNCIL REQUEST – PACIFIC BRANDS EF07/91 Précis Reporting on correspondence from the Mayor of Cessnock City Council.

********* Minute No. 34485

A MOTION was moved by Cr Wall and seconded by Cr McKenzie that Council support the Cessnock Council initiative, however, in consideration that Dungog Council staff procure corporate clothing under the Local Government Corporate Collection and the provision of corporate clothing is not subsidised by Council, no further action be taken with this matter. On being put the motion was carried.


Craig Deasey 4. LEAVE OF ABSENCE – COUNCILLOR BOOTH EF08/527 Précis: Reporting on Councillor Booths’ request for leave of absence.

********** Minute No. 34486

RESOLVED on the motion of Cr Mitchell and seconded by Cr Lloyd that a leave of absence to Councillor Booth be granted for the period 1 August 2009 up to and including 27 September 2009 including the Ordinary meetings of Council scheduled for 18 August 2009 and 15 September 2009.

Craig Deasey 5. LOCAL GOVERNMENT & SHIRES ASSOCIATION EF07/91 Précis Reporting on correspondence from the President of the Local Government & Shires Association concerning Council subscriptions.

********* Minute No. 34487

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that Council express its disappointment as regards the lack of consultation on the revised arrangements.

Craig Deasey 6. TILLEGRA DAM EF07/75 Précis: Reporting on developments associated with the proposed Tillegra Dam.

*********** Minute No. 34488

A MOTION was moved by Cr Thompson and seconded by Cr Mitchell that: 1. The report be received and information noted. 2. Council write a letter reaffirming its desire to have the Minister for Planning refer the Tillegra

Dam proposal to the Planning Assessment Commission for independent advice prior to the release of the Environmental Assessment Review.

On being put the motion was carried.


Craig Deasey 7. DUNGOG SHOWGROUND & RECREATION RESERVE EF08/470 Précis: Reporting on the Dungog Showground & Recreation Reserve and a request to waive the user fee for the facility.

********** Minute No. 34489

A MOTION was moved by Cr Wall and seconded by Cr Thompson that Council advise the NSW Minerals Council that the Fees & Charges indicated in the Temporary Licence Agreement not be waived or reduced for the following reasons: 1. Both the Dungog Film Festival Ltd and the NSW Minerals Council Ltd are registered Ltd

Companies and to waive the fees, sets in place a precedent to allow all businesses wishing to use the Dungog Showground similar exemptions.

2. Allowing the request would also imply and set precedence that all the Community Incorporated Organisations that use the Showground on a permanent basis (Permanent Users), such as the Show Society, The Rodeo Association, The Central Coast American Motorcycle Club and others would have the same or greater expectation to use the grounds at no cost.

3. All future Casual Users of the Showground, such as the NSW Minerals Council, could justifiably argue with precedence that their fees and charges should also be waived.

4. Given the amount of sponsorship and staff in-kind contribution the NSW Minerals Council provide to the Dungog Film Festival and given that the events held on the ground during the Film Festival are “Fee for Entry Events”, the event organisers should have factored in the Showground Fees and Charges in the ticket/entry price.

On being put the motion was carried. Councillor Farrow requested his negative vote be recorded.

Craig Deasey 8. DUNGOG SHOWGROUND & RECREATION RESERVE EF08/470 Précis: Reporting on the Dungog Showground & Recreation Reserve and a request for a long term occupancy arrangement.

********** Minute No. 34490

RESOLVED on the motion of Cr Wall and seconded by Cr Lloyd that Council as trustee support the proposal from The Girl Guides Association (New South Wales) to lease the facility at the Dungog Showground & Recreation Reserve for a period of 10 years and advise the Minister for Lands accordingly.


Craig Deasey 9. COUNCIL’S MANAGEMENT COMMITTEE MEETING MINUTES Précis: Reporting on Minutes of Council Management Committee Meetings provided to Council.

********** Minute No. 34491

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the minutes of the Management Committee Meetings be received and noted.

Craig Deasey 10. PATERSON RESERVOIR EF08/295 Précis: Reporting on developments associated with the construction of Paterson Reservoir.

********** Minute No. 34492

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that pursuant to Section 10A (2) (b) of the Local Government Act (NSW) 1993 that this item of business be considered within closed Confidential Council session.

Craig Deasey 11. NSW DEPARTMENT OF LOCAL GOVERNMENT CIRCULARS EF08/142 Précis: Providing a summary of circulars that have been released by the Department of Local Government.

********** Minute No. 34493

RESOLVED on the motion of Cr Mitchell and seconded by Cr Johnston that the report be received and information noted.

Greg Fenwick 12. ECONOMIC DEVELOPMENT COMMITTEE EF08/970 Précis: Reporting on the activities of the Economic Development Committee.

********** Minute No. 34494

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that Council accepts this report on the activity of the Economic Development Committee and remains aware of future activity.


Greg Fenwick 13. TOURISM ADVISORY COMMITTEE EF 08/216 Précis: Reporting on the activities of the Tourism Advisory Committee.

********** Minute No. 34495

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that Council accepts this report on the activity of the Tourism Advisory Committee and remains aware of future activity.

Craig Deasey 14. DUNGOG SHOWGROUND & RECREATION RESERVE EF08/470 Précis: Reporting on the Dungog Showground & Recreation Reserve and a request to waive the user fee for the facility.

********** Minute No. 34496

A MOTION was moved by Cr Wall and seconded by Cr Farrow that in accordance with Sec 610A of the Local Government Act that Council advertise the request for fee waiver to the public. On being put the motion was carried. CORPORATE SERVICES DEPARTMENT EXECUTIVE MANAGER'S REPORT

Shaun Chandler 1. STATEMENT OF INVESTMENTS

EF08/220

Précis: 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 Local Government Act.

********** Minute No. 34497

RESOLVED on the motion of Cr Mitchell and seconded by Cr Thompson that the report be received and information noted.

Cheryl Hyde 2. WORKS COST STATEMENT

EF 08/221 Précis: 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.

******** Minute No. 34498

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the Works Cost Statement for the period ending 30 April 2009 be received and noted.


Shaun Chandler

3. COUNCILLORS TRAVELLING & OTHER EXPENSES EF 08/222

Précis: Report on Councillors travelling for Councillors information.

********** Minute No. 34499

RESOLVED on the motion of Cr Mitchell and seconded by Cr Lloyd that the report be received and information noted. Shaun Chandler 4. DUNGOG ARTS SOCIETY INC. EF07/74, 09/15398 Précis: Request for sponsorship of 2009 Dungog Annual Art Exhibition under Sec 356 of the Local Government Act 1993.

********** Minute No. 34500

RESOLVED on the motion of Cr Wall and seconded by Cr Lloyd that Council donate $500 from the 2009/10 Section 356 Budget Allocation to Dungog Arts Society.

Cheryl Hyde 5. QUARTERLY FINANCE REPORT FOR THE PERIOD ENDING 31 MARCH 2009 EF 08/224 Précis: Review of expenditure and revenues as per Section 203 of the Local Government (General) Regulation 2005 for the quarter ending 31 March 2009.

******** Minute No. 34501

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that: 1. The variations to budgeted expenditures and revenues for the March quarter be approved

and form part of the Management Plan 2008/09.

2. Council note the restricted cash transfers as highlighted within the review.


Shaun Chandler 6. GST COMPLIANCE STATEMENT EF07/70 Précis: Reporting on the need to supply a Goods and Services Tax (GST) compliance certificate to the Department of Local Government to satisfy the requirements of NSW Treasury in relation to GST.

******** Minute No. 34502

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that the goods and services tax certificate for the period 1 May 2008 to 30 April 2009 be signed on behalf of Council and forwarded to the Department of Local Government. INFRASTRUCTURE & ASSETS DEPARTMENT EXECUTIVE MANAGER REPORT Terry AG Wilson 1. DUNGOG SWIMMING POOL REDIRECTION OF BUDGET FUNDING EF08/47 Précis: Outlining the transfer of funding details required to replace the pool vacuum cleaner at the Dungog Swimming Pool.

********** Minute No. 34503

RESOLVED on the motion of Cr Thompson and seconded by Cr Mitchell that Council confirm the transferring of funds associated with the Dungog Swimming Pool budget funding for the replacement of the old pool vacuum cleaner.

Terry AG Wilson 2. CLARENCE TOWN SENIOR CITIZENS DAY CARE CENTRE INC PRINCE STREET

CLARENCE TOWN AND DA 205/2006 EXTENSION OF EXISTING BUILDING EF07/74, 08/3990

Précis: This report outlines the current funding situation with the building extension associated with the Clarence Town Senior Citizens building.

********** Minute No. 34504

A MOTION was moved by Cr Thompson and seconded by Cr Wall that: 1. Council note the developments in relation to the extension of the Senor Citizens building in

Clarence Town. 2. Council extend to Mrs Ruth Arnall and the Committee it’s appreciation of their exemplary

contribution to the project. On being put the motion was carried.


Steve Hitchens 3. WORKS PROGRESS REPORT EF08/208 Précis: Reporting on construction and maintenance works.

**********

Minute No. 34505 RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the report be received and information noted.

Steve Hitchens 4. NSW SPORT & RECREATION – 2008/2009 CAPITAL ASSISTANCE PROGRAMME EF08/625 Précis: Reporting on funding under the NSW Sport & Recreation – 2008/2009 Capital Assistance Programme

**********

Minute No. 34506 RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that: 1. Council accept the NSW Sport & Recreation Capital Assistance Funding for a Recycled

Water Irrigation System at Bennett Park; and 2. Council’s contribution of $22,000 be funded from:

a. ‘A’ Ward Works Unspent Allocation - $17,000; and b. SRV 2008 – Sport Fields Risk Management - $ 5,000

Steve Hitchens 5. ROADS TO RECOVERY SUPPLEMENTARY PROGRAMME – DOWLING STREET EF09/82 Précis: Reporting on the current status of the Roads to Recovery Supplementary Programme for Dowling Street.

**********

Minute No. 34507 A MOTION was moved by Cr Thompson and seconded by Cr Mitchell that the committee to review the final design and provide final comments / suggestions on the design for Engineering Staff to incorporate should consist of Crs Lloyd, Mitchell, Farrow and Johnston. On being put the motion was carried.


PLANNING DEPARTMENT MANAGERS REPORT

Matthew Brown 1. T F EYB – PORTIONS 82 & 121 DP 752459; LOT 1 DP 129836; LOTS 2 & 5 DP

738044 AND LOTS 764 & 765 DP 808045 NO. 96 HILLDALE ROAD, HILLDALE DA 219/06 Précis: This report seeks to formalise an existing quarry at 96 Hilldale Road, Hilldale through the mechanism of development consent subject to conditions. Issues surrounding the access and egress for the quarry have halted the progress of the application.

********* Minute No. 34508

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that the Development Application be approved subject to Deferred Commencement Approval. This approval is a deferred commencement approval pursuant to clause 80 (3) of the Environmental Planning and Assessment Act 1979. Upon compliance with the condition 1 and with the written confirmation from the consent authority (Dungog Shire Council), the ‘deferred commencement consent’ shall commence to operate as a development consent inclusive of all listed conditions. Deferred Commencement Condition 1. As per the submitted draft plan (dated 20.4.09), a right of carriageway over the existing track

in use to burden lots 6 & 9 in DP 738044 and to benefit Lot 4 DP 738044 is to be registered with the Land Titles Office. Evidence of this registration is to be submitted to Council.

General 2. All works are to be carried out in accordance with the submitted and approved plans and

statement of environmental effects forming part of the development application. Any variation to the proposal requires an amendment to the application and further Council consideration.

3. The quarry is not to exceed the area size limit of 2 hectares or volume of 4000 cubic metres

per annum (this annual extraction rate has been capped above the current operation to account for seasonality and demand variation). No works are to be carried out within 40 metres of any watercourse.

Records are to be submitted to Council on an annual basis that certifies the extraction levels have not exceeded the approved capacity of 4000 cubic metres per annum.

Please Note: The area includes the total disturbed area of the site, not just the actual excavated areas.

4. The applicant is to be made aware that if any Aboriginal sites/relics/remains are discovered

whilst excavating, work is to cease immediately and the Department of Environment and Climate Change are to be contacted immediately

5. The applicant is to ensure that the development complies with the requirements of Work

Cover. 6. The applicant is to ensure the proposal complies with the Mine Health and Safety Act 2004.


7. The development is to comply with the Protection of the Environment Operations (Noise

Control) Regulation 2008 8. The proposal is to comply with the NSW Planning For Bushfire Protection Guidelines 2006. 9. The applicant shall ensure that adequate methods of dust management, such as water

suppression, are in place during any periods of operation and/or rehabilitation work where there is exposed ground and natural ground cover is unable to provide sufficient dust reduction.

10. All trees, vegetation, soil and general ground covers other than in the footprint of the quarry

shall not be disturbed. 11. Trading hours are to be restricted 7.00 am – 8.00 pm on weekdays and 8.00 am – 8.00 pm

on weekends. No works are permitted on Sundays or public holidays 12. All excavation works associated with the development must be properly guarded/protected

and/or signposted to prevent them from being dangerous to life or property. 13. There is to be no unreasonable interference with the rural amenity of the area by reason of

the emission of any dust, smell, smoke, vapour, fume or otherwise. 14. The applicant is to negotiate with quarry users a management plan for the use of the

internal roads. This is to include matters such as internal road maintenance and dust suppression techniques.

Prior to Continuation of Works 15. The applicant shall ensure that arrangements are made for the Principal Certifying

Authority, Council or Private Certifier, to carry out STAGE INSPECTIONS indicated as follows in bold.

Request for inspections may be made either by telephone or in person.

Forty eight (48) hours notice must be given for inspections. Note: STAGE INSPECTIONS are required to be carried out in order to ensure that an

Occupation Certificate can be issued. In the event that any stage inspection is not carried out, an Occupation Certificate cannot be issued.

(a) After stripping of topsoil from the vehicle access/footpath crossing area, all

Erosion & Sediment Control devices and Traffic Control signs shall be installed at this stage

(b) After stripping of topsoil from the on-site stormwater/sediment control detention facility, all Erosion & Sediment Control devices shall be installed at this stage.

(c) After placement and compaction of gravel pavement material prior to sealing (d) After laying and jointing of all stormwater drainage pipelines prior to

backfilling (e) After restoration and completion of all works (at both stages of construction

works). (f) As otherwise required to confirm that the works are satisfactorily executed and

in conformity with environmental controls and conditions of Development Consent.

It should be noted that Council charge fees for inspections and Compliance Certificates. At the time of issuing this Development Consent Council’s Inspection Fee was $105.00 per inspection. Compliance (Inspection) Fees will be adjusted in accordance with Council’s


Fees & Charges operating at the time of inspection. In the event further additional inspections are required those inspections will attract inspection fees.

16. Prior to preparation of any engineering design plans for the vehicle access/footpath

crossing, the consultant preparing the design plans will need to contact Council’s Infrastructure & Assets department to discuss the extent and scope of all works and details required on the design plans. Some of the issues to be discussed and incorporated in the design plans include the following:

• Erosion & sediment controls. • Stormwater drainage. • Pavement standards including carriageway widths etc. • Traffic control details. • On-site stormwater/sediment control detention facility and Management Plan. • Restoration details. • The identified staged works.

17. Separate approval from Council as the Roads Authority must be obtained under Section 138

of the Roads Act 1993 prior to any works within a Council road reserve. For any such works, design plans must be submitted to Council for approval.

18. Having regard to the proposed development (quarry) and the adjoining properties it shall be

necessary for the developer to provide an on-site stormwater/sediment control detention facility and associated Management Plan to arrest and treat stormwater and sediment as a direct consequence of the development. Detailed plans must be submitted to Council for approval.

19. The applicant shall provide a sealed vehicle access/footpath crossing to the property

complying with the requirements of Council’s standard drawings as amended. The entrance shall be constructed so as not to impede the flow of water in any table drain and to include the following: -

(a) A sealed vehicle access/footpath crossing to comply 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 and shall include 2 separate shake down facilities (cattle grides).

(b) The provision of appropriate warning signage within Dungog Road either side of the

access re: turning traffic.

(c) To accommodate heavy (multi axil) vehicles.

A copy of Council’s specification is available from Council’s Infrastructure & Assets Department. Design plans to be submitted to Council for approval prior to issue of the Construction Certificate.

20. An Erosion and Sediment Control Plan shall be submitted to Council for approval prior to the

continuation of works. The detailed plans shall be in accordance with Dungog Council's Erosion and Sediment Control Plan Guidelines. Sediment control measures shall be provided for the duration of the works and until the site is stabilised which shall include: -

a. An on-site stormwater/sediment control detention facility in the form of a dam type

structure to arrest stormwater and sediment from the site. b. An associated Management Plan for the facility to satisfactorily address its ongoing

future maintenance and cleaning. 21. 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.


22. 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.

23. The total disturbed area of no more than 2 hectares is to be pegged out with permanent,

easily visible markers. This is so that Council officers can readily inspect the development to ensure its compliance with the Environmental Planning and Assessment Regulation 2000 –Schedule 3.

24. Prior to further excavation of material or within six (6) months of the date of this

determination, the applicant shall submit to Council detailed contour/topographical survey plan prepared by a registered surveyor which identifies the current extent of the quarry.

If details can not be submitted that clearly details the extraction rates, an identification survey is to be submitted every year to determine the extraction rate. This plan shall include a summary statement of the volume of the material that has been extracted from the quarry since the previous year’s survey plan.

This survey of the quarry site is to include 50 metre buffer around the excavation area.

The survey should include the establishment of two control marks for future reference. The survey should be in provided digitally in the ASCII format and all excavation to be carried out in within the survey area.

25. In the event that the quarry operations cease indefinitely prior to the quarry resource being

fully utilised the site is to be rehabilitated in accordance with the rehabilitation plan submitted to and approved by Council.

26. The applicant is to lodge a full rehabilitation plan to Council prior to continuation of works.

This is to include elevations that will show what the site will look like upon completion. This is to include a detailed plan how the site will be revegetated including vegetation buffers, species type and location. Upon the completion of works the applicant is to demonstrate a positive environmental outcome. The rehabilitation plan is to be to the satisfaction of Council’s environmental department.

The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 9 for and 0 against, as follows:

For: Crs Wall, Mitchell, Booth, Ainsworth, Johnston, McKenzie, Lloyd, Thompson, Farrow

Carolyn Maginnity

2. DRAFT AMENDMENT TO DUNGOG LEP 2006 LOT 100 DP 1089164, 4426 CLARENCE TOWN ROAD, WIRAGULLA 171/82/24 Précis: This report considers a request for an amendment to Schedule 4 of Dungog Local Environmental Plan 2006 to facilitate the subdivision of Lot 100 DP 1089164, 4426 Clarence Town Road, Wiragulla into two (2) lots. The report recommends that the amendment request be supported.

*********


Minute No. 34509 RESOLVED on the motion of Cr Farrow and seconded by Cr Wall that: 1. Pursuant to section 54(1) of the Environmental Planning and Assessment Act 1979, Council

resolve to prepare an amendment to Dungog Local Environmental Plan 2006 to include Lot 100 DP 1089164, No. 4426 Clarence Town Road, Wirragulla in Schedule 4 – Additional Development.

2. Pursuant to section 54(4) of the Environmental Planning and Assessment Act 1979, Council inform the Director-General of the decision to prepare the draft Local Environmental Plan.

3. Pursuant to section 62 of the Environmental Planning and Assessment Act 1979, Council consult with the relevant public authorities and other organisations that may have an interest in the draft LEP.

The Mayor in accordance with Section 375A of the Local Government Act 1993 called for a Division. The Division resulted in 9 for and 0 against, as follows:

For: Crs Wall, Mitchell, Booth, Ainsworth, Johnston, McKenzie, Lloyd, Thompson, Farrow

Brent Mason 3. ANGLICAN CHURCH TRUSTEES – REQUEST FOR REFUND OF DA FEES DA 205/06 Précis: Anglican Church Trustees – Request for DA fee refund.

******** Minute No. 34510

RESOLVED on the motion of Cr Wall and seconded by Cr Thompson that in accordance with Council Policy C4.5 – Financial Assistance to Small Non-Profit Organisations with Development Application Fees, Council refund the development application fees ($371.00) as an unconditional donation to the Anglican Church Trustees.

Matthew Brown 4. CLARENCE TOWN SENIOR CITIZENS DAY CARE INCORPORATED – REQUEST FOR

REFUND OF DA FEES DA 205/06 Précis: Clarence Town Senior Citizens Day Care Centre Incorporated – Request for DA fee refund.

******** Minute No. 34511

RESOLVED on the motion of Cr Johnston and seconded by Cr McKenzie that in accordance with Council Policy C4.5 – Financial Assistance to Small Non-Profit Organisations with Development Application Fees, Council refund the development application fees ($1,776.10) as an unconditional donation to the Clarence Town Senior Citizens Day Care Centre Incorporated.


Matthew Brown 5. HEALTHY SPACES AND PLACES INITIATIVE EF08/401 Précis: Update - The Health Spaces and Places Initiative.

**********

Minute No. 34512 RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the report be received and information noted.

Matthew Brown 6. PRIORITISATION OF STANDARD INSTRUMENT LOCAL ENVIRONMENTAL PLANS EF08/172 Précis: This report is to provide Council with an update of the Department of Planning’s approach to prioritise outstanding standard LEPs.

********** Minute No. 34513

RESOLVED on the motion of Cr Thompson and seconded by Cr Lloyd that the report be received and information noted.

Matthew Brown 7. COMPLYING DEVELOPMENT – CONVEYANCING REGULATION AND POST

DETERMINATION NOTIFICATION EF08/172 Précis: This report is provided to Council for information in regards to the recent changes to the Environmental Planning and Assessment Act and Regulation. In particular, complying development notification and conveyancing procedures.

**********

Minute No. 34514 RESOLVED on the motion of Cr Mitchell and seconded by Cr Lloyd that the report be received and information noted.

Matthew Brown 8. CERTIFICATION OF DRAFT STANDARD INSTRUMENT LOCAL ENVIRONMENTAL

PLANS FOR PUBLIC EXHBITION EF08/172 Précis: This report is provided to Council to clarify a number of issues relating to the Standard Instrument LEP.

********** Minute No. 34515

RESOLVED on the motion of Cr Wall and seconded by Cr Mitchell that the report be received and information noted.


Matthew Brown 9. LITIGATION REPORT EF08/227 Précis: Reporting on Planning Legal Costs in relation to litigation matters.

********** Minute No. 34516

RESOLVED on the motion of Cr Mitchell and seconded by Cr Lloyd that the report be received and information noted.

Matthew Brown 10. DEVELOPMENT APPLICATIONS - DELEGATED AUTHORITY

EF08/228

Précis: Consent has been granted to the following development applications and complying development certificates under delegated authority for the month of April 2009.

********** Minute No. 34517

RESOLVED on the motion of Cr Mitchell and seconded by Cr Wall that the report be received and information noted. ENVIRONMENTAL SERVICES DEPARTMENT MANAGER'S REPORTS

Eric Pasenow 1. NOXIOUS WEEDS REPORT EF08/209 Précis: Reporting on Noxious Weeds Program for the period 2nd February 2009 to the 30th April 2009.

********** Minute No. 34518

RESOLVED on the motion of Cr Wall and seconded by Cr Farrow that the report be received and information noted.

Dan Bugitti 2. ENVIRONMENTAL HEALTH OFFICERS REPORT EF08/69/182/301 Précis: This report provides an update of activities on the On-site Sewage Management (OSM), Food Surveillance Programs and associated health activities for the period 3rd of February 2009 to 4th May of 2009.

********** Minute No. 34519

RESOLVED on the motion of Cr Mitchell and seconded by Cr Lloyd that the report be received and information noted.


Terry Kavanagh 3. DOWLING STREET PARKING AND LOADING ZONES EF08/103 Précis: Reporting on correspondence received in relation to fines issued for parking offences and the lack of loading zones in Dowling Street.

********** Minute No. 34520

A MOTION was moved by Cr Wall and seconded by Cr Farrow that this matter be dealt with in conjunction with recommendation adopted in Executive Manager Infrastructure & Assets report item no. 5. On being put the motion was carried. QUESTIONS WITHOUT NOTICE Cr Thompson – parking and movement of trucks through Tucker Park, Paterson are in clear breach of signage – had we not reduced the load limit and changed signage? Can something be done? Manager Environmental Services to speak to Ranger regarding keeping an eye on lunchtime parking etc. Executive Manager Infrastructure & Assets – Previous discussions on signage indicated any change would preclude buses etc and could not differentiate.

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Cr Farrow – Letters from Council to Dungog School Boys Rugby League regards security at Bennett Park Kiosk – bars not allowed to be installed on kiosk seems silly. General Manager – take on notice. BUSINESS OF AN URGENT NATURE Letter received from Minister Keneally requesting nominations for the Joint Regional Planning Panels.

Minute No. 34521 A MOTION was moved by Cr Wall and seconded by Cr Lloyd that Council deal with Business of an Urgent Nature being the request for nominations for the Joint Regional Planning Panels. On being put the motion was carried. Cr Farrow left the Chambers at 8.39 pm and returned at 8.41 pm.

Minute No. 34522 A MOTION was moved by Cr Wall and seconded by Cr Mitchell that: 1. Council approach Minister to advise next Council meeting will be held on 16 June 2009 and

request an extension of time to make a determination on the nominations. 2. If Minister does not concur Crs Lloyd and Johnston represent Dungog Shire Council on the

panel. On being put the motion was carried.


Cr McKenzie left the Chambers at 8.50 pm. CLOSED COUNCIL

Minute No. 34523 RESOLVED on the motion of Cr Wall seconded by Cr Mitchell that: 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. Council closed its meeting at 8.51 pm. The public and media left the Chamber.

Minute No. 34525 A MOTION was moved by Cr Wall and seconded by Cr Mitchell that Council move out of Closed Council and into Open Council. Open Council resumed at 9.20 pm. The following resolutions of Council while the meeting was closed to the public were read to the meeting by the General Manager. GENERAL MANAGERS REPORT

Craig Deasey 1. PATERSON RESERVOIR EF08/295 Précis: Providing an update on developments associated with the Paterson Reservoir.

********** Minute No. 34524

RESOLVED on the motion of Cr Wall and seconded by Cr Booth that: 1. The report be received and noted. 2. A further report be submitted to Council once staff are in receipt of additional information

from Hunter Water Australia. Cr McKenzie returned to the Chambers at 8.52 pm. Manager Environmental Services left the Chambers at 8.52 pm and returned at 8.53 pm. There being no further business the meeting terminated at 9.21 pm. Confirmed ................................................. Date .................................................

Documents

Minutes of the Ordinary Meeting · 2015. 7. 1. · A MOTION was moved by Cr Wall and seconded Cr Thompson that Council resume the Order of Council business. On being put the motion