MINUTES OF THE ORDINARY MEETING OF UPPER HUNTER … · That Council endorse the report recommendations of the Finance Committee meetings held on Friday 22 August and Friday 19 September

of 106 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 22 September 2014 MAYOR GENERAL MANAGER

MINUTES OF THE ORDINARY MEETING OF UPPER HUNTER SHIRE COUNCIL HELD ON MONDAY 22 SEPTEMBER 2014 AT THE COUNCIL CHAMBERS COMMENCING AT 5.00pm

PRESENT: Cr Michael Johnsen, Cr Wayne Bedggood, Cr Peter Bishop, Cr Lorna Driscoll, Cr Ron Campbell, Cr Deirdre Peebles, Cr Maurice Collison, Cr Lee Watts and Cr Kiwa Fisher.

APOLOGIES: Nil

IN ATTENDANCE: Mr Waid Crockett (General Manager), Mr Steve Pryor (Director Corporate Services), Mr Mathew Pringle (Director Environmental Services), Mr Alan Fletcher (Director Technical Services), Ms Daele Healy (Community Engagement & Communications Officer) and Mrs Robyn Cox (Executive Personal Assistant) ADOPTION OF MINUTES:

RESOLVED that the minutes of the ordinary Council meeting held on 25 August 2014 be adopted., as circulated, be taken as read and confirmed as a correct record.

Moved: Cr D Peebles Seconded: Cr L Driscoll CARRIED DECLARATIONS OF INTEREST: G.09.5 Cultural Activity Grants 2014/15

Cr Lee Watts declared a Non Pecuniary Interest significant conflict for the reason that she is the Manager of a service and President of a group applying for grants. Cr Watts advised that she would leave the Chamber and take no part in discussion and voting.

PUBLIC PARTICIPATION: A.09.1 Presentation to Retiring Member of Staff Mick McBain C.09.2 Development & Environmental Services Committee DESC.09.3 Liverpool Range Wind Farm – Exhibition of EIS Brian Hall – Epuron


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MAYORAL MINUTES ................................................................................................... 3

A.09.1 PRESENTATION TO RETIRING MEMBER OF STAFF ...................................................... 3

COMMITTEE/DELEGATES REPORTS ....................................................................... 7

C.09.1 FINANCE COMMITTEE ............................................................................................... 7 C.09.2 DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE ........................................ 8 C.09.3 WORKS AND TECHNICAL SERVICES COMMITTEE ...................................................... 40 C.09.4 MERRIWA DISTRICT AUSTRALIA DAY COMMITTEE .................................................... 44 C.09.5 SCONE & UPPER HUNTER AIRPORT MANAGEMENT COMMITTEE ............................... 48 C.09.6 COMMITTEES AND CHARTERS................................................................................. 52 C.09.7 SCONE OLD COURT THEATRE COMMITTEE .............................................................. 54 C.09.8 NOMINATIONS FOR AUDIT ADVISORY COMMITTEE .................................................... 58 C.09.9 UPPER HUNTER COUNTY COUNCIL (WEEDS)........................................................... 60 C.09.10 TRAFFIC COMMITTEE ............................................................................................. 65

DEVELOPMENT REPORTS ...................................................................................... 70

D.09.1 AMENDMENT TO FOOTPATH TRADING POLICY ......................................................... 70

ENVIRONMENT/HEALTH REPORTS........................................................................ 76

E.09.1 RENEWAL OF ALCOHOL FREE ZONE IN ABERDEEN ................................................... 76

GENERAL ADMINISTRATION REPORTS ................................................................ 80

G.09.1 SPONSORSHIP - MURRURUNDI BUSHMEN'S CARNIVAL CAMPDRAFT .......................... 80 G.09.2 REQUEST TO WAIVE FEES - MERRIWA SPRINGTIME SHOW ....................................... 84 G.09.3 REQUEST FOR FINANCIAL ASSISTANCE - JEANNIE SEYMOUR .................................... 87 G.09.4 REQUEST TO WAIVE RATES - CASSILIS GUILD HALL AND MAIN STREET MUSEUM ...... 90 G.09.5 CULTURAL ACTIVITY GRANTS 2014-5 ..................................................................... 93

STAFF/RESOURCES REPORTS ............................................................................ 105

K.09.1 QUESTIONS WITH/WITHOUT NOTICE ..................................................................... 105

CONFIDENTIAL REPORTS ..................................................................................... 106

A.09.1 GENERAL MANAGER - CONTRACT OF EMPLOYMENT............................................... 106

Report To Ordinary Council Meeting 22 September 2014

Office of General Manager

Page 3 of 106 of the Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 22 September 2014 MAYOR GENERAL MANAGER

MAYORAL MINUTES

A.09.1 PRESENTATION TO RETIRING MEMBER OF STAFF

RESPONSIBLE OFFICER: Waid Crockett - General Manager

AUTHOR: Robyn Cox - Executive Personal Assistant

RECOMMENDATION That Council make a presentation to Mr Alistair ‘Mick’ McBain in recognition of his retirement from Council’s employ after 49 years of service.

REPORT/PROPOSAL The purpose of this report is to recognise the retirement of Mick McBain after 49 years of service with the former Scone Shire Council and Upper Hunter Shire Council.

ATTACHMENTS

There are no enclosures for this report

Council made a presentation to Mr Alistair ‘Mick’ McBain in recognition of his retirement from Council’s employ after 49 years of service.


NOTICES OF MOTION Nil QUESTIONS WITH NOTICE Cr Lee Watts Question 1 Can you tell Council why there are not fire certificates for Upper Hunter Shire Council building and does this mean that building are not meeting legislation. Also do Council do checks on local business to ensure they are meeting Australian Standards fire codes if not why not? Response: 1. It is a requirement under Clause 177 of the Environmental Planning and Assessment

Regulation 2000, for the owner of a building to which an essential fire safety measure is applicable (eg smoke detectors, fire alarms, exit signs etc) to submit to Council an annual fire safety statement for the building.

2. An annual fire safety statement is a statement issued by or on behalf of the owner of a building to the effect that: (a) Each essential fire safety measure specified in the statement has been assessed by a

properly qualified person and was found to be capable of performing to a standard no less than that specified in an applicable fire safety schedule or to a standard no less than that to which the measure was originally designed and implemented, and

(b) The building has been inspected by a properly qualified person and was found to be in

a condition that did not disclose any grounds for a prosecution under the Regulations. Annual fire safety statements must be submitted for all buildings other than Class 1a and Class 10 buildings (ie dwelling houses and outbuildings) and temporary structures. Council has engaged the services of Upper Hunter Fire Protection to undertake inspections of all Council buildings twice a year in relation to fire safety measures. Under this arrangement, Council is exceeding the minimum requirements. It is noted however, that annual fire safety statements have not been submitted in accordance with the Regulation and Council staff are working with Upper Hunter Fire Protection to ensure that this is rectified.

3. Council does not undertake regular fire safety inspections of existing commercial businesses as the legislation places the onus on the building owner to comply with the relevant provisions of the Regulation. In order to assist owners of commercial buildings and other relevant premises in meeting their obligations under the Regulation, a system will be implemented by Council staff whereby a reminder letter is sent to all relevant property owners on an annual basis requesting the submission of an annual fire safety statement.


Question 2 The community are asking for improvements to Elizabeth Park, Scone. I would like to know what happened to the Elizabeth Park plan that was developed, this was put together with financial assistance from the Garden Club. The fountain was removed and the playground equipment installed but no further upgrades have been completed since this. (Can a copy of this plan be presented to Councillors). I know the cover for the equipment in Elizabeth Park is only now being ordered but a large proportion of this has been funded by the Women’s Gathering. Response Elizabeth Park, Susan St, Scone is railway (ARTC) land leased by Council. The Elizabeth Park Master Plan was prepared in March 2010. The Master Plan was presented to Council on the 24 May 2010. A copy is attached. The Master plan recommends: • Demolish existing fountain, garden beds, signage, seats and bins in open space to open

up park and eliminate inconsistency of materials. • Retain all existing trees where possible • Locate playground to south-west corner of Elizabeth Park. Provide fence to Susan

Street and carpark. • Illuminate main pathway to Australian Standards with light and posts • Signage and bins to only be located at entries • Existing toilet block to be relocated/incorporated into tourist information centre. • Upgrade deck/open space outside tourist centre to provide universal access to AS

1428.1 • Develop a uniform language for lights, bollards, seats, bins, shelters etc, with the

potential to ‘pedestrianise’ Susan Street from Highway intersection to train station. • Carpark access to be a one way loop from Susan Street to eliminate conflict with slip

lane and pedestrian access. • Drainage gully to be filled in (pipe line installed) up to the North-Western corner of the

park, where the introduction of a vegetated ‘bioswale’ could treat storm water. A playground shade shelter is included in the current financial year. The shade sails budget is $30,000 and is funded $20,000 from Women’s Gathering and $10,000 from Council funds. Quotations are currently being arranged and it is expected that an order will be issued in early October with delivery in 6 to 8 weeks beyond this. QUESTIONS WITHOUT NOTICE Cr Lee Watts

Asked could Council look into finding a suitable location for a Community Notice Board following the one located at Coles being burnt down again.

Response: Council will look into this matter. Cr Deirdre Peebles

1. Could Council look at roadside numbers at Merriwa. Some are missing making it difficult for emergency services to find properties.

Response: Council will look into this matter.


2. With the new doctor in Merriwa now started practising, can Council offer the same assistance as the other doctors in Merriwa.

Response: The General Manager advised that Council would consider this once a formal request was received.

Cr Ron Campbell

1. Can Council get the tree lopped on MR358 which is 21 kms from the Gummun and Willow Tree Roads turnoff.

Response: The Director Technical Services advised that this will be investigated. 2. Asked about the roofing on a relocated dwelling at 12 Vennacher Street, Merriwa

(proposed Lot 101) which has had the roof painted over existing rust. What standards are in place to ensure this doesn’t take place?

Response: The Director Environmental Services advised that he will discuss the matter with Council’s Building Maintenance Supervisor.


Corporate Services


COMMITTEE/DELEGATES REPORTS

C.09.1 FINANCE COMMITTEE

RESPONSIBLE OFFICER: Steve Pryor - Director Corporate Services

AUTHOR: Wayne Phelps - Finance Manager

RECOMMENDATION That Council endorse the report recommendations of the Finance Committee meetings held on Friday 22 August and Friday 19 September 2014.

BACKGROUND The Finance Committee meets prior to each monthly Council Meeting to consider the Financial Summary Reports, the Cash and Investment Report, and the Responsible Accounting Officer’s Statement. REPORT/PROPOSAL The next meeting of the Finance Committee has been called for Friday, 19 September 2014 and recommendations from that meeting will be presented to Council.

ATTACHMENTS

There are no enclosures for this report

RESOLVED that Council endorse the report recommendations of the Finance Committee meetings held on Friday 22 August and Friday 19 September 2014.

Moved: Cr K Fisher Seconded: Cr P Bishop CARRIED


Environmental Services


C.09.2 DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE


AUTHOR: Mathew Pringle - Director Environmental Services

RECOMMENDATION That Council:

1. Endorse the minutes of the Development & Environmental Services Committee meeting held on Tuesday 9 September 2014.

2. DESC.09.1 – Review the draft submission to the Association of Mining Related Councils (AMRC) in respect of its Draft Coal Seam Gas Policy (Attachment 2) and forward the submission, including any amendments, to the AMRC for its consideration.

3. DESC.09.2 – Pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979, modify Development Consent No. 155/2013 in accordance with Attachment 3 of this report.

4. DESC.09.3 – Endorse the draft submission in respect of the Environmental Assessment for the Liverpool Range Wind Farm (Attachment 4) and forward the submission to the Department of Planning and Environment.

5. DESC.09.4 – Approve Development Application No. 84/2014 for a relocated dwelling and garage at Lot 3 Section 5 DP 758672, 12 Vennacher Street, Merriwa subject to the conditions of consent in Attachment 5.

BACKGROUND The Development and Environmental Services Committee is a Standing Committee of Council which considers reports, advice and recommendations of management regarding strategic land use planning, development applications, environmental, health and building related matters. The Committee subsequently makes recommendations to Council in relation to such matters. A meeting of the Development and Environmental Services Committee was held on Tuesday, 9 September 2014. REPORT/PROPOSAL DESC.09.1 In relation to item DESC.09.1, the Committee resolved to defer consideration of the draft submission until the briefing session before the next Council meeting so that all Councillors could have input into the submission. The recommendation to Council has been revised accordingly.




Council will need to resolve this matter at the Council meeting in order to meet the deadline for submissions which is 26 September 2014. Alternatively, Council may choose not to make a submission. DESC.09.2

In relation to Item DESC.09.2, the Committee resolved to support the proposed modification to Development Application No. 155/2013 after considering the matters raised by the applicant in public participation. In addition, the Committee agreed with a recommendation from the Director of Environmental Services that the Draft Development Control Plan provide guidance on when a reticulated electricity supply is required to be available to new allotments created by a subdivision. Following the Development and Environmental Services Committee meeting advice was sought from AUSGRID and Essential Energy in relation to their individual policies on connections to new rural allotments. Both organisations were concerned with any proposed change to the current arrangements where a Notification of Arrangements in respect of electricity supply is required at the Subdivision Certificate stage of a development. In this regard, there is a risk that Council may be exposed to potential litigation by future land owners where there is an expectation that Council would ensure that adequate provision is made for a suitable electricity supply to be available to an allotment at the time of subdivision. As noted in the planning assessment report, the cost of providing a suitable electricity supply to the lots now ($42,000) is not considered unreasonable and will only increase in time. In order to alleviate the risk of future litigation associated with the current application, an additional condition of consent has been recommended requiring a restriction as to user to be registered on the title of the proposed lots as follows: “A dwelling shall not be erected on the lot unless suitable arrangements have been made for the supply of electricity. Note: Provision has not been made for the connection of a reticulated electricity supply to the land.”

ATTACHMENTS

1 Minutes of the Development & Environmental Services Committee - 9 September 2014

2 Draft Submission to AMRC - Draft Policy on Coal Seam Gas Development

3 Amended Conditions of Consent - DA 155/2013

4 Submission to Department of Planning & Environment - Liverpool Range Wind Farm

5 Recommended Conditions of Consent DA 84/2014

RESOLVED

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

meeting held on Tuesday 9 September 2014. 3. DESC.09.2 – Pursuant to Section 96(1A) of the Environmental Planning and




Assessment Act 1979, modify Development Consent No. 155/2013 in accordance with Attachment 3 of this report.

4. DESC.09.3 – Endorse the draft submission in respect of the Environmental Assessment for the Liverpool Range Wind Farm (Attachment 4) and forward the submission to the Department of Planning and Environment. Moved: Cr K Fisher Seconded: Cr M Collison CARRIED UNANIMOUSLY

2. DESC.09.1 – Review the draft submission to the Association of Mining Related Councils (AMRC) in respect of its Draft Coal Seam Gas Policy (Attachment 2) and forward the submission, including any amendments, to the AMRC for its consideration.

Moved: Cr K Fisher Seconded: Cr M Collison CARRIED

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

FOR AGAINST Councillor Peebles Councillor Watts Councillor Driscoll Councillor Bedggood Councillor Campbell Councillor Bishop Councillor Collison Councillor Fisher Councillor Johnsen Total (8) Total (1)

5. DESC.09.4 – Approve Development Application No. 84/2014 for a relocated dwelling

and garage at Lot 3 Section 5 DP 758672, 12 Vennacher Street, Merriwa subject to the conditions of consent in Attachment 5.

Moved: Cr K Fisher Seconded: Cr L Driscoll CARRIED

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

FOR AGAINST Councillor Peebles Councillor Campbell Councillor Watts Councillor Driscoll Councillor Bedggood Councillor Bishop Councillor Collison Councillor Fisher Councillor Johnsen Total (8) Total (1)

ATTACHMENT NO: 1 - MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE - 9 SEPTEMBER 2014

ITEM NO: C.09.2


MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE OF UPPER HUNTER SHIRE COUNCIL HELD ON TUESDAY 9 SEPTEMBER 2014 AT THE BARRY ROSE

COMMITTEE ROOM COMMENCING AT 10.00am

PRESENT: Cr Kiwa Fisher (Chair), Cr Deirdre Peebles, Cr Lee Watts,

APOLOGIES: Cr Peter Bishop.

IN ATTENDANCE: Cr Maurice Collison, Cr Wayne Bedggood, Cr Ron Campbell, Mr Mat Pringle (Director Environmental Services),Mr David Casson, Mr Peter MacCallum, Ms Madeline Kelaher (minutes). DECLARATIONS OF INTEREST: Nil. PUBLIC PARTICIPATION: A number of issues were raised in public participation and are summarised as follows: DESC.09.1 – AMRC Draft Coal Seam Gas Policy

Cr Watts raised concerns in regards to the draft submission to the AMRC, particularly in relation to its focus on the equine industry rather than all farming industries in the Upper Hunter Shire. It was also suggested that the submission should highlight the need for the policy to consider the interests of not just land owners directly affected by CSG developments but neighbouring properties as well.

The Director of Environmental Services advised that the draft submission doesn’t change Council’s position statement on CSG and only relates to the AMRC’s draft policy which is relevant to all member Council’s, not just the Upper Hunter.

Cr Watts indicated that she would not support the draft submission in its current form.

The Committee agreed that further discussion on the draft submission should take place at the briefing session before the next Council meeting before Council resolves to forward the submission to the AMRC. DESC.09.2 – Development Application Number 155/2013, Subdivision into three lots (Section 96 1A Modification)

Mr David Casson addressed the Committee on behalf of the property owner and requested that the requirement for electricity provision to the approved lots be removed from the development consent. Mr Casson spoke of the varying requirements of electricity supply companies servicing different parts of the Shire and noted that the potential buyers of the approved lots had provided letters confirming that they did not require reticulated electricity to be connected. Mr Casson also added that alternative forms of power supply such as solar were now becoming more affordable and reliable and are a feasible alternative.

Mr Peter MacCallum added that the sale of the subject lots is unlikely to proceed if the requirement for electricity supply provision is not removed from the development consent.

The Director of Environmental Services suggested that this issue be addressed in the Draft Development Control Plan for all subdivisions.


ITEM NO: C.09.2


DESC.09.3 – Liverpool Range Wind Farm, Exhibition of EIS Cr Watts supported the draft submission and agreed that Council should request the establishment of a community enhancement fund to be a condition on the development consent. Cr Peedles added that the development will be great when it is completed. DESC.09.4 – Development Application Number 84/2014, Relocated Dwelling and Garage Cr Campbell raised concerns in relation to the number of relocated dwellings being approved in the Merriwa township and the detrimental impact this is having on the character of the town and its streetscapes. Cr Campbell also raised concerns that damaged and deteriorated roof cladding on one of the relocated dwellings in Vennacher Street had not been replaced. Committee members noted that Merriwa is a heritage conservation area and that the relocated dwellings were more in keeping with the character of the area than contemporary style dwellings. The Director of Environmental Services advised that the Draft Development Control Plan will contain building controls to ensure that relocated dwellings are finished to an appropriate standard and within reasonable timeframes. Cr Campbell asked for it to be noted that he objects strongly to this proposal.


ITEM NO: C.09.2


DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE REPORTS

DESC.09.1 AMRC DRAFT COAL SEAM GAS POLICY



PURPOSE The purpose of this report is to consider a Draft Submission to the Association of Mining Related Councils Draft Coal Seam Gas Policy.

RECOMMENDATION That Council endorse the submission to the Association of Mining Related Councils (AMRC) in respect of its Draft Coal Seam Gas Policy (Attachment 1) and forward the submission to the AMRC for its consideration.

BACKGROUND The Association of Mining Related Councils (AMRC) represents 23 mining related councils and their communities throughout New South Wales. The Association’s mission is to advocate on behalf of members and their communities on mining related issues and to ensure that mining activity is conducted in accordance with the principles of Ecologically Sustainable Development.

The AMRC has prepared a Draft Coal Seam Gas Policy which was adopted by the organisation at its last meeting held on 7 August 2014. The Executive Committee of the AMRC will be making a final recommendation to the next meeting to be held on 7 November 2014 that the Draft Policy be adopted as the Association’s policy on Coal Seam Gas development.

The AMRC has advised member Councils that they have until 26 September 2014 to provide any further comments and/or proposed amendments to the Draft Policy before the policy is finally adopted. REPORT/PROPOSAL

A review of the Draft Policy has identified a number of CSG related issues that have not been clearly captured or adequately addressed by the policy. These issues include:

1. Recognition of the potential of CSG as one of the cleaner fossil fuels;

2. The right of farmers to reject, or accept, any proposition from a CSG company in relation to CSG activities on their land;

3. The need to collect and analyse information on communally shared natural resources such as aquifers that may be threatened by CSG activities;

4. The need to collect, collate, and make available to member councils all information on arrangements between individual councils and CSG companies relating to the impact of CSG activities on local government infrastructure;

5. The advocacy role of AMRC in securing a domestic supply of CSG and ensuring the provision of access points for towns along any proposed CSG pipeline route.

Accordingly, it is recommended that the following statements be added to AMRC’s Draft Policy:


ITEM NO: C.09.2


1. The Association recognises the potential of CSG as one of the cleaner fossil fuels.

2. The Association acknowledges and supports the right of farmers to reject, or accept within the framework of clause 3 below, any overture from a CSG company in relation to CSG activities on their land.

3. The Association supports the collection and analysis of information on communally shared natural resources such as aquifers that may be threatened by CSG activities, including any and all environmental consequences, with the understanding that CSG activities shall only proceed in the absence of any such threats.

4. The Association will endeavour to collect, collate, and make available to member councils all information on arrangements between individual councils and CSG companies relating to the impact of CSG activities on local government infrastructure.

Point 5 of the Position Statement should be amended as follows:

5. The Association will advocate on behalf of Local Government to secure a domestic supply of CSG and ensure the provision of access points for towns along any proposed CSG pipeline route.

OPTIONS

1. That Council endorse the submission to the Association of Mining Related Councils (AMRC) in respect of its Draft Coal Seam Gas Policy (Attachment 1) and forward the submission to the AMRC for its consideration.

2. That Council amend the submission to the AMRC and forward the amended submission to the AMRC for its consideration.

CONSULTATION A copy of the draft submission was circulated to all Councillors prior to preparing this report.

At the time of writing this report, no comments had been received from Councillors. STRATEGIC LINKS a. Community Strategic Plan 2013+

The Community Strategic Plan 2013+ identifies the community vision for the Local Government Area through the identification of priorities and aspirations for the future. This is done through four key focus areas. Of relevance to the issue of Coal Seam Gas (CSG) development are Key Focus Area 3: Protect the natural and built environment and plan for a sustainable future for our Shire and our planet; and Key Focus Area 5: Enhance economic and employment opportunities and promote growth for a sustainable, vibrant future. b. Delivery Program

Of relevance to the issue of Coal Seam Gas (CSG) development are a number of Community Strategic Objectives for town planning including: “Encourage and implement systems for minimisation of the environmental footprint of the Shire, including energy efficiency, and consumption of natural resources”, “Participate in and encourage regional and local alliances with other Councils, government or non-government partners” and “Promote a sense of responsibility within our community to care for our environment and provide for a sustainable future” .


ITEM NO: C.09.2


c. Other Plans

NIL IMPLICATIONS a. Policy and Procedural Implications

The draft submission to the AMRC is consistent with Council’s Position Statement on CSG and mining. b. Financial Implications

NIL c. Legislative Implications

NIL d. Risk Implications

NIL e. Other Implications

NIL CONCLUSION

That the AMRC Draft Coal Seam Gas Policy should be amended to incorporate a number of additional statements as noted in the report.

RECOMMENDATION That Council review the draft submission to the Association of Mining Related Councils (AMRC) in respect of its Draft Coal Seam Gas Policy (Attachment 2) and forward the submission, including any amendments, to the AMRC for its consideration.

Moved: K Fisher Seconded: D Peebles CARRIED


ITEM NO: C.09.2


DESC.09.2 DEVELOPMENT APPLICATION NO. 155/2013 SUBDIVISION INTO THREE LOTS (SECTION 961A MODIFICATION)

RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental Services

AUTHOR: Paul Smith - Environmental Planning Officer

PURPOSE Council has received an application to modify Development Consent No 155/2013 for the subdivision of a rural lot into three lots pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979. The modification involves deleting Condition No. 2 that requires the provision of a Notice of Arrangement from the electricity supply authority.

RECOMMENDATION That Council, pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979 refuse to modify Development Consent No 155/2013 for the reasons listed in Attachment 2. BACKGROUND Development Application No 155/2013 was approved by Council (under delegated authority) on 4 November 2013. This gave approval to subdivide a 515ha rural allotment into three lots with areas of 135ha (proposed Lot 1), 122ha (proposed Lot 2) and 259ha (proposed Lot 3). Lots 1 and 2 have direct frontage to Timor Road and proposed Lot 3 has frontage to Timor Creek Road. Condition No. 2 of the consent requires that prior to the issue of a Subdivision Certificate: Notification of arrangements to connect services and utilities to each LOT shall be provided to the Certifying Authority with the Subdivision certificate:-

(a) telecommunication services (b) electrical reticulation

All adjustments to existing utility services made necessary by the development are to be undertaken by the developer at no cost to Council.

(Reason: To ensure adequate servicing of the development.) The original development application was assessed and approved under the Murrurundi Local Environmental Plan 1993 (MLEP), now repealed. The MLEP did not include a specific clause related to the provision of essential services for developments. However it has been a standard part of the development consent to include conditions requiring that subdivisions create lots that are adequately serviced with water, sewer, stormwater drainage, legal and practical access. Requiring a Notice of Arrangement from the electricity supply authority is a standard condition that is applied to all subdivisions to ensure an electricity supply to the lots is provided (or that an appropriate arrangement is in place).


ITEM NO: C.09.2


REPORT/PROPOSAL The applicant has submitted an application to modify the development consent such as to delete the part of condition 2 that requires that a Notice of Arrangement for electricity reticulation is provided. The applicant stated that the lots are able to utilise alternative power, however no specific details have been provided. On the 31 March 2014 the applicant was requested to provide additional information to justify the reasons for deleting the requirements to submit a notice of arrangement for electricity reticulation. The following information was requested:

• Where are the proposed lots in relation to the electricity grid? • What are the problems in connecting to the grid? • Evidence of the constraints to electricity servicing the proposed lots such as a quote

for connection from the electricity supply authority (or electrical contractor). • What is being proposed in terms alternative power and how will this be achieved as

part of the subdivision? On 8 July 2014 the applicant provided a quote of $42,000 for the extension of the power line and pole substation from ECS. It is noted the $42,000 is not an unreasonable cost for electricity supply connection to rural properties. Council has approved other rural subdivisions where the electricity connection costs have been around $55,000 - $60,000 and the developer has proceeded. However, other than the quote the applicant did not provide the additional information as requested. Council Officers do have delegation to determine the application on the basis that it does not comply with the Upper Hunter LEP 2013. Nevertheless, it was considered prudent to obtain the views of Council in relation to this matter as Council’s determination may set precedence for similar applications in the future. OPTIONS 1. That Council, pursuant to Section 96(1A) of the Environmental Planning and Assessment

Act 1979 refuse to modify Development Consent No 155/2013 for the reasons listed in Attachment 2.

2. That Council, pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979 modify the Development Consent No 155/2013 by deleting the requirement for submission for the Notification of Arrangements for electrical reticulation.

CONSULTATION The proposed modification has not been placed on public exhibition. STRATEGIC LINKS a. Community Strategic Plan 2013+ The Community Strategic Plan 2013+ identifies the community vision for the Local Government Area through the identification of priorities and aspirations for the future. This is done through four key focus areas. Of relevance to this development are Key Focus Area 3: Protect the natural and built environment and plan for a sustainable future for our Shire and our planet; and Key Focus Area 5: Enhance economic and employment opportunities and promote growth for a sustainable, vibrant future.


ITEM NO: C.09.2


b. Delivery Program

Assessment of the application is in accordance with the Community Strategic Objectives for town planning: “Facilitate and provide for a growing population, including for example affordable housing, community amenities, health and welfare services”

c. Other Plans

Nil IMPLICATIONS

a. Policy and Procedural Implications

Nil

b. Financial Implications

Application fees of $71 have been paid.

c. Legislative Implications

An assessment of the development application has been undertaken pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979 (see the planning assessment report in Attachment 2). The proposed modification does not comply with Clause 6.10 Essential Services in the Upper Hunter Local Environmental Plan 2013 because Council, as the consent authority cannot be satisfied that adequate arrangements have been made for the supply of electricity to the proposed lots.

d. Risk Implications

The proposed modification would create a precedent whereby there would be an expectation that Council approve rural subdivisions without adequate arrangements in place for the provision of an electricity supply.

A further risk is that future owners have an expectation that electricity connection should be available and that Council should have been satisfied that it was available upon registration of the lots.

e. Other Implications

Nil CONCLUSION

The application has been assessed as unsatisfactory against Section 96(1A) of the Environmental Planning and Assessment Act 1979 and the Upper Hunter Local Environmental Plan 2013.

The proposal is not consistent with the requirement that appropriate arrangements are in place for the provision of an electricity supply to the development.

Accordingly, it is recommended that the application be refused.

RECOMMENDATION That Council, pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979 modify Development Consent No 155/2013 in accordance with Attachment 2 of this report.

Moved: K Fisher Seconded: L Watts CARRIED


ITEM NO: C.09.2


DESC.09.3 LIVERPOOL RANGE WIND FARM - EXHIBITION OF EIS



PURPOSE The purpose of this report is to consider the Environmental Assessment prepared in respect of the proposed Liverpool Range Wind Farm near Cassilis. A draft submission to the Department of Planning and Environment has been prepared for the consideration of Council.

RECOMMENDATION That Council endorse the draft submission in respect of the Environmental Assessment for the Liverpool Range Wind Farm (Attachment 2 of this report) and forward the submission to the Department of Planning and Environment.

BACKGROUND Epuron Pty Ltd has submitted a Development Application and Environmental Assessment (EA) to the NSW Department of Planning and Environment for the proposed Liverpool Range Wind Farm. The site is located on land in the Central Tableland region between the townships of Bundella and Cassilis in the Warrumbungle Shire, Upper Hunter Shire, Liverpool Plains Shire and Mid-Western Regional local government areas. The proposal involves the construction and operation of up to 288 wind turbines together with ancillary infrastructure, access tracks and electrical infrastructure required to connect the project into the existing electricity network. A site plan showing the proposed turbine layout and site boundary is provided in Attachment 1. The wind farm site would directly involve approximately 21 properties that are currently used for agriculture and grazing purposes. These existing uses would continue with minimal interruption from the wind farm during construction and operation. The wind turbines would have a maximum tip height (tower plus blades) of 165 metres above ground level and would be located on a series of ridgelines running generally southwest to northeast near the towns of Coolah and Cassilis and Coolah Tops National Park. The wind turbines would be electrically connected by a series of underground and overhead cables joining each wind turbine to one of six on-site collection substations. A new overhead powerline, rated at up to 330 kV (nominal) capacity and approximately 53 km in length, running the length of the wind farm site would connect to the six collection substations and south from the project boundary to the wind farm connection substation at Ulan. The overhead powerline will connect the wind farm to the existing 330kV TransGrid Wellington –Wollar transmission line. Additional permanent structures such as an operations and maintenance facility would be required as well as temporary construction facilities. Minor upgrades to local roads would be required for the delivery, installation and maintenance of wind turbines and the related facilities. The project would have the ability to produce around 2,724,700 MWh of renewable energy per year, equivalent to the average consumption of around 340,600 homes.


ITEM NO: C.09.2


The construction phase of the project would create up to 829 jobs in direct employment and there would be a requirement for up to 78 ongoing operation and maintenance jobs during the life of the wind farm. Once installed, the turbines would operate for an economic life of up to thirty (30) years. After this time the turbines may be refurbished to improve their performance or decommissioned and removed from the site. The Environmental Assessment is on public exhibition until 1 October 2014. REPORT/PROPOSAL The EA prepared by Epuron has considered a range of potential impacts that would result from the proposed wind farm including:

- Visual Impacts - Operational and Construction Noise - Ecology - Aboriginal and European Heritage - Traffic and Transport - Hazards and Risks

o Aviation

o Communications o Electromagnetic Fields

o Shadow Flicker o Bushfire Risks

o Blade Throw o Health

- Water Supply, Water Quality and Hydrology - Soils and Landforms - Climate and Air Quality - Mineral Exploration - Economic - Economic Resource Impacts - Waste - Property Values

The findings of the assessment indicate that the proposed wind farm can be constructed with minimal impact to the existing environment. This is subject to a range of mitigation measures being in place including Construction and Operational Environmental Management Plans. Notwithstanding the above, a review of the EA has identified the following key issues that require further consideration and/or should be addressed by appropriate conditions of consent:


ITEM NO: C.09.2


Community Enhancement Fund The EA indicates the intention to establish a Community Enhancement Fund to which the project owner/operator will provide funding towards local environmental, social and community initiatives led by local residents. The proponent does not propose any specific amount payable to a community fund as part of its development application. However it will commit to an ongoing consultation process to determine an appropriate basis for the establishment of a community fund. This commitment has been included in the EA’s Statement of Commitments. Whilst the establishment of a Community Enhancement Fund is supported by Council, a condition of consent should be imposed which specifies a contribution amount per turbine installed in each Local Government Area. In this regard, it is noted that the project approval in respect of Application No. 06_0055 for the Kyoto Energy Park near Scone included a condition of consent requiring the proponent to contribute the sum of $86,700 per annum (adjusted for CPI) to a Community Enhancement Program Fund administered by Upper Hunter Shire Council. Developer Contribution The EA document has failed to acknowledge Council’s Section 94A Contribution Plan which is referenced in the Upper Hunter Shire Council Development Control Plan 2008 – Wind Power Generation. The Section 94A Contributions Plan calls for a contribution of 1% of the development cost. The plan also allows for a negotiated Voluntary Planning Agreement to be entered into between the proponent and Council. At this time no such negotiations have been undertaken and an appropriate condition of consent must be included which acknowledges the Section 94A Contributions Plan and requires it to be complied with or alternatively, a Voluntary Planning Agreement should be entered into. Housing Strategy It is noted that the proposal will create up to 829 jobs in direct employment during the construction phase and up to 78 ongoing operation and maintenance jobs during the life of the wind farm. The EA does not provide any specific information on how the project workforce will be housed and serviced. The housing of workers should be an important consideration given the significant number of workers and the limited accommodation options in area. Accordingly, the proponent should be required to provide a housing strategy for the project workforce prior to the project being approved. Traffic and Transport It is considered that the proposal is likely to impact local traffic both during the construction and operational phases of the project. During construction, there will be a significant increase in traffic movements on local roads through the use of standard road vehicles, B-Double trucks and over dimension vehicles transporting turbine equipment. The EA acknowledges that the increase in traffic volumes would require improvements to ensure the safety of road users particularly in relation to conflicts between vehicles and stock. Once operational, the wind farm will continue to generate traffic in the form of technician and maintenance crew vehicles and tourist traffic. In order to address the impacts of the development on local road infrastructure, it is crucial that the proponent be required to upgrade local Council roads affected by the project including Coolah, Rotherwood and Yarrawonga Roads


ITEM NO: C.09.2


It is noted that the proponent proposes to consult with the local Councils prior to construction and agree on any road upgrade or rehabilitation responsibilities and requirements including potential contribution towards road maintenance funding and/or road dilapidation reports prior to the commencement of construction and following completion of construction to determine any damage attributable to the project. Whilst this approach is considered reasonable, a condition of consent must be imposed to ensure that all road upgrade works are carried out at full cost to the developer and ongoing maintenance contributions are made to Council. All roads within the Upper Hunter Shire utilised for the transport of heavy and oversize components will be required to have a detailed inspection undertaken before construction commences to clearly identify and record the condition of such roads. A further detailed inspection should be undertaken subsequent to construction work being completed with the developer required to reinstate the roads to the same standard that existed prior to construction beginning. The costs of such inspections and reports must also be met by the proponent. Sections of Coolah, Rotherwood and Yarrawonga Roads are unsealed and it would not be unreasonable for the developers to be required to construct and seal the roads following construction of the wind farm. Local Government Instruments and Policies It is noted that the EA references the Merriwa LEP 2000 as the applicable Local Environmental Plan for that part of the wind farm site within the Upper Hunter Local Government Area. The Merriwa LEP 2000 was repealed upon gazettal of the Upper Hunter LEP on 23 December 2013. The EA should be updated accordingly. OPTIONS 1. That Council endorse the draft submission in respect of the Environmental Assessment for

the Liverpool Range Wind Farm (Attachment 2 of this report) and forward the submission to the Department of Planning and Environment.

2. That Council amend the draft submission in Attachment 2 of this report prior to forwarding it

to the Department of Planning and Environment. CONSULTATION Community consultation in respect of the Liverpool Range Wind Farm commenced in June 2009. A Community Consultative Committee (CCC) was established by Epuron in May 2012 which comprises an independent chairperson, the proponent, Council representatives, land owners and community groups. The CCC has met numerous times since its first meeting in February 2013. The EA is on public exhibition from Friday 1 August 2014 until Wednesday 1 October 2014 and is on display at the Scone and Merriwa offices of the Upper Hunter Shire Council and at the Cassilis Library during the exhibition period. STRATEGIC LINKS a. Community Strategic Plan 2013+

The Community Strategic Plan 2013+ identifies the community vision for the Local Government Area through the identification of priorities and aspirations for the future. This is


ITEM NO: C.09.2


done through four key focus areas. Of relevance to this development are Key Focus Area 3: Protect the natural and built environment and plan for a sustainable future for our Shire and our planet; and Key Focus Area 5: Enhance economic and employment opportunities and promote growth for a sustainable, vibrant future.

b. Delivery Program

The proposal is consistent with the Community Strategic Objective for town planning: “Encourage and implement systems for minimisation of the environmental footprint of the Shire, including energy efficiency, and consumption of natural resources”.

c. Other Plans

NIL IMPLICATIONS

a. Policy and Procedural Implications

NIL

b. Financial Implications

A number of recommendations have been made in the draft submission to the Department of Planning and Environment in relation to the payment of developer contributions and required road infrastructure upgrades. The aim of these recommendations is to ensure that the financial implications of the proposal for Council are positive.

c. Legislative Implications

NIL

d. Risk Implications

NIL

e. Other Implications

NIL CONCLUSION

The environmental assessment has demonstrated that the proposal is unlikely to result in any unacceptable adverse impacts subject to the implementation of a range of mitigation measures and appropriate conditions of consent. It is imperative that the Department of Planning and Environment give due consideration to the recommendations outlined in this report which aim to minimise the adverse impacts of the proposal on the local community and infrastructure whilst maximising the potential benefits to the local and regional economy.

RECOMMENDATION That Council endorse the draft submission in respect of the Environmental Assessment for the Liverpool Range Wind Farm (Attachment 2 of this report) and forward the submission to the Department of Planning and Environment.

Moved: K Fisher Seconded: D Peebles CARRIED


ITEM NO: C.09.2


DESC.09.4 DEVELOPMENT APPLICATION NO. 84/2014 - RELOCATED DWELLING & GARAGE



PURPOSE On 12 May 2014, Council received Development Application No. 84/2014 for a relocated dwelling and garage at Lot 3 Section 5 DP 758672, 12 Vennacher Street, Merriwa. The application is being reported to the Development and Environmental Services Committee as one (1) submission has been received following notification of the application.

RECOMMENDATION That Council approve Development Application No. 84/2014 for a relocated dwelling and garage at Lot 3 Section 5 DP 758672, 12 Vennacher Street, Merriwa subject to the conditions of consent in Attachment 1.

BACKGROUND Application No: DA 84/2014 Applicant: MM Hyndes Bailey & Co Owner: Rosadel Pty Ltd Proposal: Relocated dwelling and garage Location: Lot 3 Section 5 DP 758672, 12 Vennacher Street, Merriwa Lodged: 12 May 2014 Zone: R1 General Residential The subject land is part of a proposed subdivision which has been approved by Upper Hunter Shire Council under Development Consent No. 39/2013. Upon registration of new titles, the proposed relocated house will be located on Lot 102. Approval has also been granted by Upper Hunter Shire Council to relocate two (2) dwellings onto lots 100 and 101 of the same subdivision in DA 39/2013. REPORT/PROPOSAL The proposed development involves the relocation of a single storey weatherboard clad, three (3) bedroom dwelling together with a detached Colorbond double garage from another Local Government Area to the subject land. Access to the development will be via a new vehicular access from Vennacher Street. A detailed assessment of the proposal against Section 79C of the Environmental Planning and Assessment Act 1979 is provided in the attached assessment report.


ITEM NO: C.09.2


OPTIONS 1. That Council approve Development Application No. 84/2014 subject to the attached

conditions of consent. 2. That Council refuse Development Application No. 84/2014 stating the reasons for refusal. 3. That Council defer Development Application No. 84/2014 stating the additional information

required for a determination. CONSULTATION Surrounding properties were notified of the development between 15 May 2014 and 29 May 2014. An advertisement was placed in the Scone Advocate on 15 May 2014. One (1) submission was received by Council. The issues raised in the submissions are addressed in the attached report. STRATEGIC LINKS a. Community Strategic Plan 2013+ The proposed development is consistent with the Key Focus Areas and Aspiration Goals 3 and 5 of the Community Strategic Plan: “(3) Protect the natural and built environment and plan for a sustainable future for our Shire and our planet; (5) Enhance economic and employment opportunities and promote development”.

The proposal will not have a significant detrimental impact on the natural and built environment, is a sustainable form of the development and provides for a growing population by providing additional housing choice. b. Delivery Program Assessment of the application is in accordance with the Community Strategic Objectives for town planning: “Facilitate and provide for a growing population, including for example, affordable housing, community amenities, health and welfare services”.

This includes the administration of development applications to ensure compliance with the statutory requirements of the Environmental Planning and Assessment Act 1979. c. Other Plans NIL. IMPLICATIONS a. Policy and Procedural Implications A detailed assessment of the application against relevant Council policies is provided in the attached report. b. Financial Implications Development application and other relevant fees totalling $1,961.60 have been paid by the applicant.


ITEM NO: C.09.2


c. Legislative Implications An assessment of the development application has been undertaken pursuant to Section 79C of the Environmental Planning and Assessment Act 1979 (see attached report). The proposed development is permissible with consent within the R1 General Residential zone. d. Risk Implications Council determinations of development applications in relation to local development can be appealed by a third party in the Land and Environment Court in circumstances where incorrect legal process has been applied. In the case of this development application the relevant considerations under the Environmental Planning and Assessment Act 1979 have been made. There is a low risk of any third party legal appeal in relation to this development application. e. Other Implications There are no other implications of granting approval to the application. CONCLUSION The application has been assessed as satisfactory against Section 79C of the Environmental Planning and Assessment Act 1979, State Environmental Planning Policy No. 55 Remediation of Land, Upper Hunter Local Environmental Plan 2013 and Council’s policy for relocated dwellings. The proposal is in keeping with the site context, is an appropriate form of development for the site and is unlikely to result in any significant adverse impacts.

RECOMMENDATION That Council approve Development Application No. 84/2014 for a relocated dwelling and garage at Lot 3 Section 5 DP 758672, 12 Vennacher Street, Merriwa subject to the conditions of consent in Attachment 1.

Moved: K Fisher Seconded: L Watts CARRIED

ATTACHMENT NO: 2 - DRAFT SUBMISSION TO AMRC - DRAFT POLICY ON COAL SEAM GAS DEVELOPMENT

ITEM NO: C.09.2


Contact Name: Mathew Pringle Contact No: (02) 6540 1139 Our Ref: OUT- 9392/14

23 September 2014 Executive Officer Association of Mining Related Councils Inc. PO Box 1418 ARMIDALE NSW 2350 Dear Sir Submission - Draft Policy Coal Seam Gas - Exploration and Production Thank you for giving member Councils a final opportunity to provide comments and suggestions in relation to the Association’s Draft Policy on Coal Seam Gas Development. The Upper Hunter Shire Council recognises that Coal Seam Gas (CSG) mining is a new industry for New South Wales. Because CSG is the cleanest of all fossil fuels, and because it is relatively simple to extract and transport, there is a very good chance the industry will expand. In all probability the price of CSG will be tied to the global export price, and it is unrealistic to anticipate a special (lower) reserve price for domestic consumption. The cost of establishing CSG distribution hubs with their associated domestic supply pipelines means such hubs will most likely be established in large population centres. At this stage it seems unlikely that the smaller rural towns, even those along the pathway of major CSG pipelines, will have access to Coal Seam Gas for their own use, however, technology may change this. CSG mining will take place almost exclusively on farming land, where farming land refers to all land used for plant and /or animal production. It follows therefore that farmers will be the primary targets for CSG activities, and the right of farmers to say no to CSG proposals has already been recognised by CSG companies Santos and AGL. Perhaps other companies will follow their lead. Importantly, any agreement reached between a farmer and a CSG company to proceed with CSG extraction confers no right to compromise communally shared resources such as aquifers. Some CSG companies have asserted that their extractive activities and farming can co-exist. Experience to date suggests such assertions are not supported by the majority of farmers. In the Arid and Semi-Arid zones of NSW where farming may be conducted at a low, or even very low level, CSG activities may present a welcome economic input. However, in the more intensive farming areas toward the coast of NSW it is likely that CSG activities will take place in direct conflict with farming activities. In such areas it is important that the farmer has the right to decide the outcome, within the framework of protecting and preserving communally shared natural resources.

ATTACHMENT NO: 2 - DRAFT SUBMISSION TO AMRC - DRAFT POLICY ON COAL SEAM GAS DEVELOPMENT

ITEM NO: C.09.2


In establishing the protection of such communally shared natural resources, any and all environmental consequences must of course be part of such considerations. It will be a separate matter for CSG companies to negotiate with Local Governments on the impact of CSG activities on local government infrastructure. In view of the above issues, the Upper Hunter Shire Council requests that the AMRC consider adding the following statements to its policy:

1. The Association recognises the potential of CSG as one of the cleaner fossil fuels.

2. The Association acknowledges and supports the right of farmers to reject, or accept within the framework of clause 3 below, any overture from a CSG company in relation to CSG activities on their land.

3. The Association supports the collection and analysis of information on communally shared natural resources such as aquifers that may be threatened by CSG activities, including any and all environmental consequences, with the understanding that CSG activities shall only proceed in the absence of any such threats.

4. The Association will endeavour to collect, collate, and make available to member councils all information on arrangements between individual councils and CSG companies relating to the impact of CSG activities on local government infrastructure.

Point 5 of the Position Statement should be amended as follows:

5. The Association will advocate on behalf of Local Government to secure a domestic supply of CSG and ensure the provision of access points for towns along any proposed CSG pipeline route.

We thank you for your consideration of this submission. A copy of the Council report together with the Council resolution endorsing this submission is enclosed. Yours sincerely Mathew Pringle DIRECTOR ENVIRONMENTAL SERVICES

ATTACHMENT NO: 3 - AMENDED CONDITIONS OF CONSENT - DA 155/2013 ITEM NO: C.09.2


Amended Conditions of Consent – DA 155/2013

1. Amend Condition No’s 2 and 4 as follows:

2. Notification of arrangements to connect services and utilities to each LOT shall be provided to the Certifying Authority with the Subdivision certificate:-

(a) telecommunication services

All adjustments to existing utility services made necessary by the development are to be undertaken by the developer at no cost to Council.

(Reason: To ensure adequate servicing of the development.)

4. All easements, rights-of-way, right- of-carriageway, and restrictions-as-to-user as

indicated on the plans submitted with the application for a Subdivision Certificate are to be registered on the title of the relevant LOTS, together with the following additional restriction, naming Upper Hunter Shire Council as the sole authority empowered to release or modify the same:

A dwelling shall not be erected on the lot unless suitable arrangements have been made for the supply of electricity. Note: Provision has not been made for the connection of a reticulated electricity supply to the land.

(Reason: To ensure proper management of land and provision of infrastructure)

ATTACHMENT NO: 4 - SUBMISSION TO DEPARTMENT OF PLANNING & ENVIRONMENT - LIVERPOOL RANGE WIND FARM

ITEM NO: C.09.2


Contact Name: Mathew Pringle Contact No: (02) 6540 1139 Our Reference: INT- 9366/14

1 September 2014 Development Assessment Systems & Approvals Department of Planning & Environment GPO Box 39 SYDNEY NSW 2001 Attention: Director – Infrastructure Projects Dear Sir Re: Liverpool Range Wind Farm (Application No: MP 10_0225) – Exhibition of Environmental Impact Statement

The following submission is made in respect of Application No. MP 10_0225 for the proposed

Liverpool Range Wind Farm.

Upper Hunter Shire Council (UHSC) has considered in detail the merits and environmental

impacts of the proposed development and is of the view that the proposal should be approved

subject to the recommendations of this submission and appropriate conditions of consent.

UHSC acknowledges that the application represents the potential for a significant investment

into the local government area for a renewable energy development. Council however urges the

Department to ensure that the potential impacts on the local community are very closely

considered.

Following a review of the Environmental Assessment (EA), Council has identified the following

key issues that require further consideration and/or should be addressed by appropriate

conditions of consent:

Community Enhancement Fund The EA indicates the intention to establish a Community Enhancement Fund to which the project owner/operator will provide funding towards local environmental, social and community initiatives led by local residents. The proponent does not propose any specific amount payable to a community fund as part of its development application. However it will commit to an ongoing consultation process to determine an appropriate basis for the establishment of a community fund. This commitment has been included in the EA’s Statement of Commitments. Whilst the establishment of a Community Enhancement Fund is supported by Council, a condition of consent should be imposed which specifies a contribution amount per turbine installed in each Local Government Area.


ITEM NO: C.09.2


In this regard, it is noted that the project approval in respect of Application No. 06_0055 for the Kyoto Energy Park near Scone included a condition of consent requiring the proponent to contribute the sum of $86,700 per annum (adjusted for CPI) to a Community Enhancement Program Fund administered by Upper Hunter Shire Council. Recommendation 1: That the proponent be required to make an annual contribution (adjusted for CPI) to a Community Enhancement Fund based on a specified amount per turbine installed in each Local Government Area. Developer Contribution The EA document has failed to acknowledge Council’s Section 94A Contribution Plan which is referenced in the Upper Hunter Shire Council Development Control Plan 2008 – Wind Power Generation. A copy of Council’s Section 94A Contributions Plan is attached. The Section 94A Contributions Plan calls for a contribution of 1% of the development cost. The plan also allows for a negotiated Voluntary Planning Agreement to be entered into between the proponent and Council. At this time no such negotiations have been undertaken and an appropriate condition of consent must be included which acknowledges the Section 94A Contributions Plan and requires it to be complied with or alternatively, a Voluntary Planning Agreement should be entered into. Recommendation 2: That the proponent be required to make a contribution in accordance with Council’s Section 94A Contribution plan (based on the development cost within the Upper Hunter Shire LGA) and / or negotiate a Voluntary Planning Agreement with Council.

Housing Strategy

It is noted that the proposal will create up to 829 jobs in direct employment during the

construction phase and up to 78 ongoing operation and maintenance jobs during the life of the

wind farm.

The EA does not provide any specific information on how the project workforce will be housed

and serviced. The housing of workers should be an important consideration given the significant

number of workers and the limited accommodation options in area. Accordingly, the proponent

should be required to provide a housing strategy for the project workforce prior to the project

being approved.

Recommendation 3: That the proponent be required to submit a housing strategy for the project workforce that deals with both the construction and operational phases of the project.


ITEM NO: C.09.2


Traffic and Transport

It is considered that the proposal is likely to impact local traffic both during the construction and

operational phases of the project. During construction, there will be a significant increase in

traffic movements on local roads through the use of standard road vehicles, B-Double trucks

and over dimension vehicles transporting turbine equipment. The EA acknowledges that the

increase in traffic volumes would require improvements to ensure the safety of road users

particularly in relation to conflicts between vehicles and stock. Once operational, the wind farm

will continue to generate traffic in the form of technician and maintenance crew vehicles and

tourist traffic.

In order to address the impacts of the development on local road infrastructure, it is crucial that

the proponent be required to upgrade local Council roads affected by the project including

Coolah, Rotherwood and Yarrawonga Roads

It is noted that the proponent proposes to consult with the local Councils prior to construction

and agree on any road upgrade or rehabilitation responsibilities and requirements including

potential contribution towards road maintenance funding and/or road dilapidation reports prior to

the commencement of construction and following completion of construction to determine any

damage attributable to the project. Whilst this approach is considered reasonable, a condition of

consent must be imposed to ensure that all road upgrade works are carried out at full cost to the

developer and ongoing maintenance contributions are made to Council.

All roads within the Upper Hunter Shire utilised for the transport of heavy and oversize

components will be required to have a detailed inspection undertaken before construction

commences to clearly identify and record the condition of such roads. A further detailed

inspection should be undertaken subsequent to construction work being completed with the

developer required to reinstate the roads to the same standard that existed prior to construction

beginning. The costs of such inspections and reports must also be met by the proponent.

Sections of Coolah, Rotherwood and Yarrawonga Roads are unsealed and Council would

suggest that it would not be unreasonable for the developers to be required to construct and

seal the roads following construction of the wind farm.

Recommendation 4:

That the proponent be required to undertake the following:

1. Completion of Infrastructure dilapidation reports pre and post construction of the wind farm on all Council’s assets impacted by the development at the proponents cost

2. Submission of detailed engineering design drawings for proposed works on Council’s road network and application under Section 138 of the Roads Act 1993.

3. Pavement widening, reconstruction and bitumen sealing of unsealed sections of Coolah, Rotherwood and Yarrawonga Roads at full cost to the developer and ongoing annual maintenance contributions.


ITEM NO: C.09.2


Local Government Instruments and Policies

It is noted that the EA references the Merriwa LEP 2000 as the applicable Local Environmental

Plan for that part of the wind farm site within the Upper Hunter Local Government Area. The

Merriwa LEP 2000 was repealed upon gazettal of the Upper Hunter LEP on 23 December 2013.

The EA should be updated accordingly.

Recommendation 5:

That the Environmental Assessment be updated to reference the Upper Hunter LEP 2013

rather than the former Merriwa LEP 2000.

Conclusion

Upper Hunter Shire Council is supportive of renewable energy projects in principle and

acknowledges the need for such projects to be implemented to enable a response to climate

change and the call to reduce CO2 emissions.

The environmental assessment has demonstrated that the proposal is unlikely to result in any

unacceptable adverse impacts subject to the implementation of a range of mitigation measures

and appropriate conditions of consent.

Upper Hunter Shire Council requests the Department to give due consideration to the

recommendations of this submission to ensure that adverse impacts on the local community

and infrastructure are minimised whilst maximising the potential benefits of the proposal to the

local and regional economy.

Yours faithfully

Mathew Pringle

DIRECTOR ENVIRONMENTAL SERVICES

ATTACHMENT NO: 5 - RECOMMENDED CONDITIONS OF CONSENT DA 84/2014 ITEM NO: C.09.2


Recommended Conditions of Consent

Identification of approved plans:

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

drawings referenced below and Statement of Environmental Effects dated 2 May 2014, except where amended by the following conditions. JOB REFERENCE NO SHEET

NO REVISION

NO DRAWN BY DATE

13-026-SK100 - A RHM Consulting Engineers

Not Dated

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

the determination of Council)

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

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

Construction Code Series. (Reason: Prescribed by legislation)

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

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

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

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

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

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

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

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

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

regulations under the Home Building Act 1989. As at the date on which this Regulation was Gazetted, that amount was $5,000. As those regulations are amended from time to time, that amount may vary.

(2) A certificate purporting to be issued by an approved insurer under Part 6 of the Home

Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.



(3) If arrangements for doing residential building work are changed while the work is in progress so that the information submitted to Council is out of date, further work must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council), has given the Council written notice of the updated information.

(Reason: Prescribed by legislation)

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

4. A full set of construction plans demonstrating compliance with the National Construction Code

Series shall be submitted to, and approved by, the certifying authority prior to the release of the Construction Certificate. The following matters either require greater clarification or information to demonstrate compliance with the BCA:-

• Front verandah and stairs (if new) • Rear awning details (if new) • Pad footings and the tie down method • Garage details • Elevations and a larger floor plan • Structural Engineer details of the reconnection method of the dwelling.

(Reason: Prescribed by legislation.)

5. Prior to the issue of a Construction Certificate and/or relocation of the dwelling, an asbestos clearance certificate signed by an appropriately qualified person (being an asbestos removal contractor, Occupational Hygienist or Environmental Consultant) must be submitted to the Principal Certifying Authority (and a copy forwarded to Council) for the building which certifies the following:-

(a) the building is free of asbestos, internally and externally

Note: Further details of licensed asbestos waste disposal facilities can be obtained from www.dec.nsw.gov.au (Reason: To ensure that relocated buildings complies with Council’s Policy on

Relocated Dwellings.)

Conditions that must be addressed prior to commencement:

6. All required erosion and sedimentation techniques are to be properly installed prior to the

commencement of any site works and maintained in a functional and effective condition throughout the construction activities until the site is stabilised. The installation is to be approved by the Principal Certifying Authority prior to further commencement of site works. (Reason: To protect the environment from the effects of sedimentation and erosion

from development sites)

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

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

(b)



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

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

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

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

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

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

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

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

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

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

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

9. A water meter as issued and installed by Upper Hunter Shire Water & Waste department must be connected to the town’s reticulated water supply prior to any commencement. The installation is to be confirmed by the Principal Certifying Authority prior to further commencement of site works. (Reason: To ensure an adequate supply of potable water is provided to the site)

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



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

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

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

12. No trees on public property (footpaths, roads, reserves, etc.) unless specifically approved in this consent shall be removed or damaged during construction including for the erection of any fences, hoardings or other temporary works. (Reason: Protection of existing environmental infrastructure and community assets)

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

Documents

MINUTES OF THE ORDINARY MEETING OF UPPER HUNTER … · That Council endorse the report recommendations of the Finance Committee meetings held on Friday 22 August and Friday 19 September