MAYORAL MINUTE
Councillor G D Wall 1. ELECTED MEMBERS SERVICE AWARDS 20/1, 116/1
Précis:
Reporting upon LGSA circular concerning Elected Members Service awards.
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The Local Government & Shires Association has in place a policy regarding the provision of Service Awards to Councillors who have made contributions to their communities over a period of 20 years or more and also the provision of Certificates of Service to elected members that have served their community for at least 8 years, upon submission by Council.
This policy was revised by the LGSA in 2007 and now encapsulates additional recognition including that of Emeritus Mayor the eligibility criteria for the honorary title is that intended recipients must have served as Mayor for a minimum of three one year terms. This award is intended to provide ongoing recognition to those who have served as Mayor. Academic institutions recognise their retiring valued members with the title of Emeritus Professor and State and Federal Parliaments recognise senior parliamentary contribution with the title of Honourable on an ongoing basis.
The policy (Annexure ‘A”) will provide Council and staff with guidance in relation to the future submission of service awards to the Local Government & Shires Association.
RECOMMENDATION
That the attached policy “Recognition of Service for Elected Representatives” be adopted by Council.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Councillor G D Wall 2. PRESENTATION FROM THE BARRINGTON – GLOUCESTER – STROUD PRESERVATION ALLIANCE INCORPORATED. 171/83/1
Précis:
The correspondence from the Barrington – Gloucester – Stroud Preservation Alliance Incorporated (Annexure ‘B’) is a request for the Organisation to address Council regarding the particulars of the “Gloucester Project”.
Given that the organisation has been involved in various Development Applications within Gloucester Shire regarding mining related matters, they may be able to offer insight into some of the issues that may arise relating to the Martins Creek Quarry application and possibly the Tillegra Dam proposal.
The Association of Mining Related Councils, of which Gloucester Council is also a Member, has sponsored public meetings in collaboration with the Barrington – Gloucester – Stroud Preservation Alliance.
RECOMMENDATION
That the Mayor corresponds to the Barrington – Gloucester – Stroud Preservation Alliance Incorporated inviting them to address Councillors and Staff on the 16th October 2007 at 5.00 pm, prior to the October Ordinary meeting of Council.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. GENERAL MANAGER'S REPORT
Craig Deasey 1. ELECTION OF MAYOR AND DEPUTY MAYOR 20/1
Précis:
Reporting on the election of a Mayor by the Councillors.
********** The following is presented as a general overview of the procedural matters relating to the election of Mayor and Deputy Mayor which I believe will assist Councillors in their deliberations. Councillors with any queries in relation to the procedures can contact me at any time for a clarification. (a) Election of Mayor Section 227 of the Local Government Act 1993 states: "The Mayor of an area is the person elected to the office of Mayor by the Councillors from among their number." The Mayor so elected holds office for one year. (b) Election of Deputy Mayor Section 231 of the Act provides that: "1. The Councillors may elect a person from among their number to be the Deputy Mayor. 2. The person may be elected for the Mayoral term or a shorter term. 3. The Deputy Mayor may exercise any function of the Mayor at the request of the Mayor or if the Mayor is prevented by illness, absence or otherwise from exercising a function or if there is a casual vacancy in the office of Mayor. 4. The Councillors may elect a person from among their number to act as Deputy Mayor if the Deputy Mayor is prevented by illness, absence or otherwise from exercising a function under this section, or if no Deputy Mayor has been elected." (c) Method of Election of Mayor and Deputy Mayor The requirements for the method of election of the Mayor and Deputy Mayor are set out under Sections 282 and 290 of the Local Government Act, 1993 and Schedule 7 of the Local Government (General) Regulation 2005. The legislation provides as follows:
Returning Officer
1. The General Manager is the Returning Officer.
Nomination
2. (1) A Councillor may be nominated without notice for election as Mayor or Deputy Mayor.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. (2) The nomination is to be made in writing by two or more Councillors (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing.
(3) The nomination is to be delivered or sent to the Returning Officer.
(4) The Returning Officer is to announce the names of the nominees at the Council meeting at which the election is to be held.
Election
3. (1) If only one Councillor is nominated, that Councillor is elected.
(2) If more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.
(3) The election is to be held at the Council meeting at which the Council resolves on the method of voting.
(4) In this clause:
x ballot has its normal meaning of secret ballot;
x open voting means voting by a show of hands or similar means.
Points to note here are:
x The General Manager is the Returning Officer.
x Nominations must be made in writing by two or more Councillors, one of which may be the nominee. The nominee must indicate consent to the nomination in writing. To assist in the nomination process I have prepared nomination forms for the positions of Mayor and Deputy Mayor, both of which are included with the Business Paper. Completed nomination forms may be delivered to me before the meeting or just prior to the commencement of the meeting.
x No particular method of voting is specified but Council may choose between - ordinary ballot, preferential ballot, or open voting.
(d) Destruction of Ballot Papers
At the conclusion of the elections it will be necessary to authorise the Returning Officer to destroy any ballot papers.
RECOMMENDATION
1. Election of Mayor 2. Election of Deputy Mayor – Pursuant to Section 231(2) of the Act the period of appointment for the Deputy Mayor be equivalent to that of the Mayor. 3. Method of Election - That the method of election for both (or either) the Mayor and Deputy Mayor be by open voting. (Note: Depending on the necessity to conduct a ballot). 4. Destruction of Ballot Papers (if necessary) - That the General Manager be authorised to destroy all ballot papers used in the election process.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Craig Deasey 2. FIXING MEETING DATES AND TIMES 27/1
Précis:
Reporting on the fixing of Council meeting dates and times.
********** Section 367 of the Local Government Act provides that the General Manager must send to each Councillor, at least three (3) days before each meeting of Council, a notice specifying the time, place and date of the meeting and the business proposed to be transacted. It is to be noted that Council's current practice is for five (5) days notice to be given.
Notice of less than three (3) days may be given for an Extraordinary Meeting called in an emergency.
Section 365 states that "Council is required to meet at least 10 times each year, each time in a different month". It is the policy of Council not to meet in January having regard to the Christmas - New Year holiday season and the general closedown of contractors, builders and other suppliers.
The matter of setting meeting dates and times is at the discretion of the Council and therefore Council may by resolution fix the timing of its Ordinary Meetings.
IMPLICATIONS
Financial
The financial implications with respect to setting and holding of Council meetings is covered within the existing budget. Statutory Council is required under Section 365 of the Local Government Act 1993 to meet at least 10 times a year, each time in a different month. Community The community are advised of all adopted Council meeting dates. Other There are no consultative or environmental implications from this report.
RECOMMENDATION
1. That the Ordinary meetings of Council be held on the third Tuesday of each month commencing at 6.00pm with the exception of January provided that the day of any Ordinary Meeting may for good and sufficient reason be altered by resolution of Council at any preceding Ordinary Meeting.
2. That in accordance with Section 367 of the Local Government Act 1993 and Council's Code of Meeting Practice five (5) day's notice be given for Ordinary, Extraordinary and Committee meetings provided that in an emergency the Mayor or General Manager be authorised to call an Extraordinary Meeting by telephone giving 48 hours notice.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Craig Deasey 3. DETERMINATION OF COUNCIL COMMITTEES 18/1
Précis: Reporting on the Determination of Council Committees.
********** The Council may appoint or elect such Standing or Special Committees as it may consider necessary. The following Committees of Council are currently in operation. * Denotes that the Committee is a requirement of legislation. COMMITTEE NAME CURRENT MEMBERS * Traffic & Road Safety One Councillor (Wall) and One Councillor (Low) (alternate) and Executive Manager – Infrastructure & Assets. Clarence Town Sewerage Scheme Steering Mayor and "B" Ward Councillors, General Manager, Executive Manager – Infrastructure & Assets, representative of Department of Infrastructure, Planning & Natural Resources and two representatives from the Community Advisory Committee (nominated by the Community Advisory Committee). Economic Development The Mayor and three Councillors (Thompson, Flannery & Trappel), General Manager, Economic Development & Tourism Co- ordinator and community representatives. * Local Emergency Management One Councillor (Low) & Executive Manager Infrastructure Assets. Access Three Councillors (Farrow, Mitchell, & Wall), Six community representatives & the Executive Manager Corporate Services. Environment One Councillor (Low), Six community representatives, TCM Co-ordinator, Landcare Co-ordinator & Manager Environmental Services. Onsite Sewage Management Advisory Three Councillors (Thompson, Murrell, & Wall), Committee Four community representatives, & Manager Environmental Services. Pilchers Reserve Committee One Councillor (Low) and one reserve (Murrell), six community representatives. ACF Site committee Four Councillors (Wall, Watkins, Flannery, Thompson) General Manager, Executive Manager Infrastructure & Assets, Economic Development Coordinator. *Conduct Committee Mayor, Deputy Mayor (alternate), General Manager, Community Representative. Showground Sunset Committee One Councillor (Wall), three Community Representatives. Community Artworks Advisory Committee Two Councillors (Wall, Mitchell), one staff member, four Community Representatives. Tillegra Dam Working Party Four Councillors (Wall, Low, Mitchell, Flannery) & four Snr Staff.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. IMPLICATIONS
Financial
There are no direct costs involved in appointing the Committees.
Statutory
In accordance with the Local Government Act 1993 Council may establish various Committees to assist the Council in the exercise of their functions.
Environmental
There are no environmental implications from this report.
Community
A number of the Committees listed have community representatives.
Consultative
Consultation with the committees is undertaken when and as required.
RECOMMENDATION
That the above mentioned list of Committees be adopted and delegates be appointed to the various Committees.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Craig Deasey 4. APPOINTMENT OF COUNCIL DELEGATES TO OUTSIDE ORGANISATIONS 31
Précis:
Reporting on the Appointment of Council Delegates to Outside Organisations.
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Council has delegates appointed to various committees, associations and statutory bodies as listed below:
ORGANISATION CURRENT DELEGATES "D" Division of the Shires Association of Mayor and Deputy Mayor and one Councillor NSW (Mitchell) (alternate). Hunter Councils Inc Mayor and Deputy Mayor and one Councillor (Flannery) (alternate). Newcastle Regional Joint Library Committee One Councillor (Flannery) and Executive Manager Corporate Services, one Councillor (Mitchell) and General Manager (alternates). Lower Hunter Noxious Plants Manager Environmental Services and the Noxious Plants Inspector (as alternate). Mid North Weight of Loads Group One Councillor (Wall) and one alternate (Thompson). Williams River Consultative Group One Councillor (Low). Paterson River Floodplain Management One Councillor (Wall) and Executive Committee Manager Infrastructure & Assets, Manager Planning, a representative of Port Stephens Council and Government Agencies. Williams River Floodplain Management Two Councillors (Farrow, Low) and Executive Committee Manager Infrastructure & Assets, Manager Planning, a representative of Port Stephens Council and Government Agencies. Shire Halls x James Theatre Community Centre One "A" Ward Councillor (Flannery). Committee x Clarence Town Community Centre One "B" Ward Councillor (Low). Committee School of Arts Committees x Clarence Town One "B" Ward Councillor (Trappel). x Gresford One "C" Ward Councillor (Murrell). x Paterson One "C" Ward Councillor (Thompson). x Vacy One "C" Ward Councillor (Wall). x Martins Creek One "B" Ward Councillor (Low). Clarence Town Pool Management One "B" Ward Councillor (Trappel), Pool Lessee and User representatives. Dungog Pool Management One "A" Ward Councillor (Mitchell), Pool Lessee and User representatives. Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Clarence Town Park Committee One "B" Ward Councillor (Trappel). Dungog Showground and Recreation Three "A" Ward Councillors (Flannery, Reserve Committee Watkins & Mitchell). Paterson Sportsground Committee One "C" Ward Councillor (Thompson). Gresford Sporting Complex Committee One "C" Ward Councillor (Murrell). Vacy Sportsground Committee. One "C" Ward Councillor (Wall). Dungog Shire Aged Persons Units One "A" Ward Councillor (Flannery) one “B” Committee Ward Councillor (Low) & one “C” Ward Councillor (Wall). Dungog Shire Health Services Forum General Manager and one Councillor (Mitchell). Hunter and Central Coast REMS One Councillor (Wall) & Manager Environmental Services. Lower Hunter Bush Fire Management Councillor Wall, Executive Manager Committee Infrastructure & Assets Zone Bushfire Liaison Committee Councillor Wall, Executive Manager Infrastructure & Assets Tillegra Dam Community Reference Group Two Councillors (Wall, Low) Area Assistance Scheme Local Ranking Two Councillors (Flannery, Thompson) Committee
IMPLICATIONS
Financial
Costs associated with the adoption of this report as covered within the existing budget.
Statutory
In accordance with the Local Government Act 1993 Council has an obligation to be represented on these committees.
Environmental
There are no environmental implications from this report.
Community
A number of the Committees listed have community representatives.
Consultative
Consultation with the committees is undertaken when and as required.
RECOMMENDATION
The above mentioned list of Committees be adopted and delegates be appointed to the various Committees and Associations.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Craig Deasey 5. STAFF – INDUSTRIAL AWARD NEGOTIATIONS 105
Précis:
Reporting on the outcome of discussions with the USU concerning Award variations.
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A report has been prepared for the Closed Session of the Council meeting that outlines the current position in relation to negotiations with the USU concerning Award variations. Accordingly it is recommended that this matter be considered within the Closed Session of the Council Meeting as the information is confidential as it relates to personnel matters concerning particular individuals (other than Councillors) which are still subject to negotiation between respective parties.
This report is confidential in accordance with Section 10A(2)(a) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:
(a) personnel matters concerning particular individuals (other than Councillors)
IMPLICATIONS
Nil
RECOMMENDATION
That the matter be considered in a Closed Session of the Council Meeting as the report is CONFIDENTIAL as it relates to personnel matters concerning particular individuals (other than Councillors).
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Craig Deasey 6. REAL ESTATE DEVELOPMENT
Précis:
Reporting on development options associated with some of Councils land bank.
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A report has been prepared to Closed Session of Council that outlines potential options for undertaking certain real estate development opportunities. Accordingly it is recommended that this matter be considered within the Closed Session of Council as the report contains commercial information of a confidential nature that would if disclosed confer a commercial advantage on a competitor of the Council.
This report is confidential in accordance with Section 10A(2)(d)(ii) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:
(d) commercial information of a confidential nature that would, if disclosed:
(ii) confer a commercial advantage on a competitor of the Council.
IMPLICATIONS
Nil
RECOMMENDATION
That the matter be considered in a Closed Session of Council the report is CONFIDENTIAL and contains commercial information of a confidential nature that would if disclosed, confer a commercial advantage on a competitor of the Council.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Craig Deasey 7. LAND CATEGORISATION 96/13
Précis:
Reporting on the public exhibition period for the categorisation of land at 138 Abelard Street, Dungog.
********** Council received a report at the Ordinary meeting held 19 June 2007 in relation to the completion of the purchase of 138 Abelard Street Dungog. In accordance with the Local Government Act 1993 public land is to be classified as either Operational or Community land.
At the present moment the property also comprises a residence (which is tenanted to a Council staff member), aside from several outbuildings. When the Council looks at options as regards the future development of sporting fields in Dungog there may be an opportunity to excise part of the land to which the residence is attached to effectively seed fund the development aside from other potential options as regards reconfiguration of the site.
Council resolved that the land be categorised as “Operational Land” as such classification affords the Council much more flexibility in relation to the development of the site in future years. Council can then recategorise the land as Community land at a later stage once the Council is in a position to progress the development.
Following the public exhibition period and the calling of submissions in respect of the Councils intentions to classify the land as Operational Land, it is reported that no submissions were received in relation to the Councils intentions.
IMPLICATIONS
Statutory
The statutory requirements are encapsulated under Sec 31 (2) of the Local Government Act. The period of public exhibition and receipt of submissions expired on 10 August 2007.
Consultative
Submissions were invited from the public and public notice was advertised within the Dungog Chronicle on 4 July 2007.
RECOMMENDATION
1. That Dungog Shire Council land situated at 138 Abelard Street Dungog being Lot 41 DP 875953 and Lot 45 DP 884413 as Operational Land.
2. That Councils Land register be noted accordingly.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Craig Deasey 8. PATERSON LAGOON- NAMING PROPOSAL 79/38
Précis:
Reporting on the outcomes of discussions concerning the naming of the site referred to as Paterson Lagoon.
********** Background The Council is the appointed trustee of Reserve No. 96987 being the Paterson Promotion of The Study and Preservation of Native Flora Reserve Trust which is currently referred to by Council as the Paterson lagoon
This matter has been referred to Council meetings on 19 December 2006 and July 2007,initially the Council considered a report following the representations of the Paterson Rotary Club to have the Paterson Lagoon named after the late Councillor Allan Fairhall as a means of recognising his contribution to the Paterson community over many years.
The matter was then reported to the July meeting of Council following responses from the Geographic Names Board in relation to submissions received by the GNB.
Status
I met with the executive of the Paterson Progress Association and the Paterson Rotary Club on 14 August 2007, both organisations were distressed that there were differences of opinion as regards the proposal as they had all worked closely with Allan over the years.
The intent of naming the Reserve was to acknowledge Allan’s contribution to the Paterson community as a whole over many years, it was never intended to deflect from the contribution made by members of the community that were involved in the Bi-Centennial project that developed the lagoon area.
To overcome this position the Rotary Club has offered to place a plaque within the Reserve acknowledging the efforts of all who contributed to the development of the site.
Following the meeting with both organisations it was conveyed to them both that whatever my recommendation was to Council, the matter would still be subject to the final determination of the Minister for Lands via the GNB. It was mooted to them that the facility could effectively be tagged “Paterson lagoon” Allan Fairhall Reserve or even “Paterson Pond” Allan Fairhall Reserve.
The Paterson Progress Association had undertaken a survey through the local publication called the Paterson “Psst”. The survey provided four options and was undertaken without any consultation with the Council prior to publication of the survey. The results of the survey have been extrapolated from the latest newsletter, as at the time of writing this report no official correspondence has been received from the Progress Association:
Paterson Bi Centennial Lagoon 39 Allan Fairhall Reserve 41 Paterson Ponds 3 Paterson Ponds in the Allan Fairhall Reserve 7
The publication has a circulation of 900 and accordingly survey respondents’ account for 10% of circulation.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Furthermore there have been additional submissions received by the Council and the GNB in relation to this matter and also Council has been provided with extracts from a paper “The Parks of Paterson” by Pauline Clements in 2001, wherein the Reserve somehow inherited the name of Paterson Bi-centenary Park within the document.
What is clear is that the Reserve has never been formally recognised from a naming perspective by Council, the dedication of the Reserve by the Crown and the purpose of such dedication is still relevant, early mapping clearly defines the area as a lagoon.
IMPLICATIONS
Statutory
The land comprises both Crown and Freehold land, the majority of the land is encapsulated under the Crown Reserve No. 96987. Under the Crown Lands Act the Minister for Lands is the ultimate decision maker.
Consultative
The proposal was originally advertised by the Geographic Names Board and has previously received media coverage. Submissions were received both in favour and against naming the Reserve. A meeting was conducted with both Paterson Rotary and the Paterson Progress Association to further discuss some of the concerns within the community.
RECOMMENDATION
That Council recommend to the Geographic Names Board that Crown Reserve No. 96987 be named the Allan Fairhall Reserve.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Craig Deasey 9. NSW ELECTORAL COMMISSION 34/1
Précis:
Reporting on recent meeting with a NSW Electoral Official in relation to Local Government Elections 2008.
********** An officer from the NSW Electoral Commission attended Council on 5 September 2007 to discuss the local government elections that are to be held on 27 September 2008 and to follow-up on their correspondence on 18 June 2007.
The NSW Election Commission is responsible for the appointment of the returning officer and recruitment of staff to work as polling officials on the day. People that may be interested in working should register through the NSW Electoral Commissions website.
A number of questions were posed concerning the conduct of the election particularly in relation to cost, electoral rolls and the “iRoll” aside from the number of polling places, conduct of candidate information sessions and accommodating the returning officer.
Furthermore matters concerning the by-election conducted on 17 February 2007 were also raised as this did provide Council with an insight as regards the financial impact of the local government elections and Council is still waiting on a report from the NSW Electoral Commission on the conduct of the by-election.
It is clear that NSW Councils are far from satisfied with the imposition of costs for the conduct of the local government elections as full cost recovery is imposed on local communities, for Dungog Shire the cost of the by-election followed by a further full local election 18 months later does have a financial impact upon the Councils operational budgets.
Council was fortunate that funds were being put aside for the 2008 elections however they had to be utilised to meet the 2007 by-election accordingly the 2008 election will have a detrimental impact upon the Councils operational budget.
The manner of running by-elections needs to be reviewed so as to minimise the financial impact upon our communities and the NSW Electoral Commission and the Department of Local Government need to consider alternative electoral models for at least the conduct of by-elections and at least look at what happens in other Australian states.
IMPLICATIONS
Financial
The financial impact of the 2007 by-election was $28,741 (equates to $16.20 per elector in C Ward) the NSW Electoral Commission has advised that an indicative cost of $42,600 ($7.14 per elector) plus Council will also need to budget for advertising costs and some site establishment costs for the returning officer.
RECOMMENDATION
1. That the report be received and noted. 2. That Council lobbies the NSW Electoral Commission and the Minister for Local Government to review the process for the conduct of Council by-elections in an endeavour to mitigate costs to our communities.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Craig Deasey 10. PROPOSED TILLEGRA DAM 253
Précis: Providing a report on matters associated with the proposed Tillegra Dam.
********** As Councillors would be aware an opportunity was extended to Councillors and staff to attend a bus trip to Keepit Dam on 25 August 2007, three Councillors in addition to the Tourism and Economic Development Co-ordinator and myself attended. The bus trip had a cross section of community members and was an informative and interesting day. However from my perspective the operations of Keepit Dam highlighted some of the more inherent problems with facilities established by the Lands Department under a Park Trust as many of the public infrastructure facilities are in need of capital investment. The Park Trust has a limited income stream which can be impeded by climatic conditions and obviously dam levels and therefore needs to source external funds such as grants to undertake improvements within the Park. The topography of the land upon which Keepit Dam has been constructed is vastly different in comparison to the upper Williams Valley the lie of the land would need to be seriously considered should the Dam proceed as regards the placement of any public infrastructure. It is difficult from my perspective to analyse the “market user” of a Dam facility that is effectively located in relative proximity to the east coast with many water attractions in close proximity, compared to the “market user” of a Dam facility west of the Great Dividing Range. Any potential investor I would imagine will need to undertake extensive market research as will any local business considering alternative business opportunities should the Dam proceed as they will need to find a niche in the market as there are many businesses (marine/camping/fishing) within an hours drive of Dungog that do cater for water recreational users. The Mayor of Gunnedah Mrs Gae Swain who is also one of the trustees of the Park emphasised the need for planning for the next 100 years and highlighted that the community currently has the opportunity to be involved in that planning process prior to the Dam being constructed. From a tourism perspective Keepit Dam is a feature within the Shire of Gunnedah tourism promotional activities and in the peak season the Dam attracts 35000 visitors per month. It would appear that one of the major impediments in relation to securing private investment opportunities within the Park is the status of the land, with no freehold title the tenure of the land is by way of lease from the Minister for Lands. However the trustees did comment that there have been amendments to the Crown Lands Act that would enable long term leases to now be secured. (Minister can now approve a lease and any option so as not to exceed 100 years Sec 41 Crown Lands Act 1989 NSW). Discussions with a number of individuals from the bus it was clear that to attract private investment there needs to be freehold title and also access to the Dam. Council needs to ensure that the State Government will listen to and address the issues that are being raised within our communities concerning the proposed Tillegra Dam and that the Shire is adequately compensated for the loss of infrastructure that will be inundated. Council is currently repaying a loan for Tunnibuc Bridge that expires in 2015 at a rate of approx $41,000 p.a. these funds alone could be better utilised elsewhere as opposed to repaying a loan facility for infrastructure that will become obsolete.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. With Planning Workshop Australia commencing their consultation rounds within the community during the week commencing 10 September 2007, the Council workshop on 20 September 2007 will be an opportune time for Councillors to reflect upon the input from the community.
IMPLICATIONS
There are no implications associated with this report, information only. RECOMMENDATION That the report be received and the information noted.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Craig Deasey 11. NSW DEPARTMENT OF LOCAL GOVERNMENT CIRCULARS 20
Précis:
Providing a summary of circulars that have been released by the Department of Local Government.
********** The following circulars have been released by the Department of Local Government and the intent of this report is to keep Councillors informed of changes and/or requirements that Council officers may be required to implement. The circulars themselves may be found on the Departments website (www.dlg.nsw.gov.au). It is not the intent to reproduce such circulars but moreso provide them as a point of reference to Councillors should they wish to undertake further research.
When there is a requirement to inform Councillors or designated officers of a matter correspondence and attachments will still be submitted to all Councillors in accordance with the requirements of the Director General of the Department of Local Government. Such circulars will be highlighted in bold text. The following Circulars have been released by the Department since 1 August 2007.
Date Circular Details No. 03/08/07 07-36 Circulars to Councils Mailing List – Inclusion of elected members of Council 03/08/07 07-37 Maximum Amount of Minimum Rates 2007/2008 20/08/07 07-38 Council Investments 28/08/07 07-39 Companion Animals Brochures 28/08/07 07-40 2007/2008 Council Claim for Payment of Pensioner Concession Subsidies
Aside from Circulars there are numerous publications which are released upon the Departments website. Publications issued since July include: Strategic Tasks for Councils 2007-08. Furthermore the Department is undertaking two public inquiries at present (Port Macquarie-Hastings Council and Brewarrina Shire Council)
IMPLICATIONS
There are no implications associated with this report, information only.
RECOMMENDATION
That the report be received and the information noted.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Tracey Lowrey 12. COMMUNITY PROJECT OFFICER REPORT 280
Précis:
Reporting on Community Project Officer’s activities.
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Area Assistance Scheme 2007/2008 – (280)
Area Assistance Scheme opened 4 August and closed 5 September. Dungog Shire has received 4 applications which will be presented at an eligibility meeting on 26 September. Successful applicants will then be presented to the Local Ranking Committee for priority ranking. The scheme has been promoted through our local paper, direct mail outs and highlighted at the Grants evening conducted in July. There were 7 expression of interests initially received. Applications could only be submitted online this round requiring a registration number from the CPO ensuring that consultation took place and the application was eligible. This was difficult for some smaller organisations with no internet access so Council submitted their applications with their approval.
The Local Ranking Committee has eight members, two of which are required to be representatives from Council. Cr Margaret Flannery and Cr Alan Fairhall with Cr Peter Trappel as alternative were nominated for the 2005/2006 & 2006/2007 rounds and their positions are now vacant serving a maximum of 2 years on the LRC. The Committee will be required to meet in October with the option of a second meeting in November. All Rankings must be finalised by 30 November to be submitted to Regional Advisory Committee. All LRC members will receive an information pack of the eligible applications prior to the LRC Panel meeting.
IMPLICATIONS
Financial
Community Project Officer subsidy is provided by the NSW Department of Community Services.
Community/Consultative
Council advertised and consulted the Community about Area Assistance.
Statutory
No implications associated with this report.
RECOMMENDATION
1. The report received and noted 2. That Council nominate two Councillors to serve on the Dungog Local Ranking Committee this position is for a 2 year term.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. CORPORATE SERVICES DEPARTMENT EXECUTIVE MANAGER'S REPORT
Shaun Chandler 1. STATEMENT OF INVESTMENTS 256
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.
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The Statement of Investments as at 31 August 2007 incorporating the Responsible Accounting Officer's Certificate is attached as Annexure "A".
IMPLICATIONS
There are no financial, statutory, environmental, community or consultative implications associated with this report.
RECOMMENDATION
That the report is received and the information noted.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Robert Brown 2. WORKS COST STATEMENT 97/1
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.
******** The Works Cost Statement for the period ending 31 August 2007 is attached as Annexure "B".
For this month only the works cost statement has an additional column in the budget area to highlight changes to the original vote as per the Management Plan for 2007/8. The statement will revert to the traditional format of original budget, proposed variation and revised budget next month. The budget columns are as follows:
1. Original vote - shows those items included in the Management Plan 2007/08 2. Carried forward votes - relates to works in progress at the end of 2006/07 3. Proposed vary - highlights changes to be made to the 2007/08 budget from additional grants funding received.
All these adjustments will be reported to Council as part of the September review and have a zero impact on the operating result for 2007/8 as the projects are funded by transfer to/from restricted assets or grant funds.
All items are currently within budget allocations. Additional line items to report Storm Damage expenditure have been included and a report will be put to Council when the RTA respond to the storm damage claim and more information is available.
The works progress report within Infrastructure & Assets area provides further information on items in this report including scheduled dates for commencement for individual projects.
RECOMMENDATION
That the Works Cost Statement for the period ending 31 July 2008 be received and noted.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Shaun Chandler 3. COUNCILLORS TRAVELLING & OTHER EXPENSES 120/1
Précis:
Report on Councillors travelling for Councillors information.
**********
Hereunder is a list of meetings/inspections or business of Council held/to be held since the August Meeting of Council.
Local Government Week 22/08/07 Hunter Land Meeting 22/08/07 Vacy SOA Committee 22/08/07 Tourism Presentation 23/08/07 Martins Creek Quarry Inspection 24/08/07 Hunter Water Corporation Meeting 24/08/07 Strategic Alliance Conference 27/08/07 Paterson SOA, Sportsground Committee 27/08/07 TDCRG Keepit Dam Inspection 28/08/07 Showground Committee 28/08/07 Clarence Town Sewerage Advisory Committee 29/08/07 Hunter Councils Board Meeting 30/08/07 Business Operations Community Meeting 01/09/07 Clarence Town Community Centre 03/09/07 Business Operations Community Meeting 03/09/07 Business Operations Community Meeting 04/09/07 Business Operations Community Meeting 05/09/07 TDCRG 05/09/07 Health Forum 07/09/07 Tillegra Dam Community Consultation 10/09/07 Tillegra Dam Community Consultation 11/09/07 Tillegra Dam Community Consultation 12/09/07 RFS Bushfire Management Committee 12/09/07 Tillegra Dam Community Consultation 13/09/07 Tillegra Dam Community Consultation 14/09/07 Tillegra Dam Community Consultation 15/09/07 Council Meeting 18/09/07
IMPLICATIONS
There are no financial, statutory, environmental, community or consultative implications associated with this report. Council’s travelling costs are currently within budget.
RECOMMENDATION
That the report is received and the information noted.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Shaun Chandler 4. REQUEST FOR FINANCIAL ASSISTANCE FROM 1st DUNGOG SCOUTS TROOP 268, 96/1
Précis:
Request for financial assistance towards 1st Dungog Scout Troop rates expense.
**********
Council has received the following correspondence from Jenny Robinson, Secretary 1st Dungog Scout troop:
I write to you on behalf of the Dungog Scout troop to ask if you could possibly offer us some assistance with our rates payments. We have paid our rates in full $1044.80 for the past year and it has severely dilapidated our financial standing. We would appreciate any assistance that you could give us.
This group was granted assistance in 2005 for the first time for an amount of $803.00 when Council had available funds. This was the full amount of rates levied 2004/05. Council again donated an amount of $124.00 last year being all the available funds left in the Contributions and Donations budget.
This is a non rateable property with the 2006/07 amount made up of 2 water closet charges $712.00 (toilets), 1 20mm water access charge $195.00 and 1 waste charge $137.80. This amount has been paid.
Council is continually exhausting the Contribution and Donations budget as these requests become more and more frequent, accordingly it is recommended this request be declined as assistance has been provided in the previous two years and to allow a more equitable spread of financial assistance be given to alternate bodies.
IMPLICATIONS
Financial
Contributions and Donations expenditure at 6 September 2007 is $540 leaving an available balance of $4,440.
There are no other statutory, environmental, community or consultative implications.
RECOMMENDATION
Council decline this request for assistance.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Shaun Chandler 5. 2007-08 FINANCIAL ASSISTANCE GRANTS 194-20743
Précis:
Reporting on correspondence from the NSW Local Government Grants Commission.
********** Council has received advice as regards the 2007/2008 estimated financial assistance grant allocation provided to Council.
Council’s grant allocation is as follows: 2007/08 initial CPI/Pop’n 2006/07 2006/07 Adjustment Initial Final Equalisation Component $1,101,465 ($5,886) $1,060,788 $1,054,902 Roads/Bridges Component $653,042 $ 902 $625,470 $626,372
The comparative reflects an increase in the Councils equalisation component of 4.41% from the 2006/07 final figures to the initial 2007/08 allocation.
Effectively Council will receive a payment of $1,095,579 (equalisation) and $653,944 (roads) which in total is $49,523 greater than budgeted for as the grant figures are adjusted at year end to reflect CPI and population adjustments by the Federal Government.
The increase in the equalisation component this year for Council compares favourably with the total increase to NSW of 3.82%.
Dungog Shire Council Financial Assistance Grants
1,900,000 1,800,000 1,700,000 1,600,000 1,500,000 1,400,000 1,300,000 1,200,000 1,100,000 1,000,000 900,000 800,000 700,000
Grant Value 600,000 500,000 400,000 300,000 200,000 100,000 0
3 4 5 6 8 9 0 1 3 4 5 6 8 199 199 199 199 199 199 200 200 200 200 200 200 200 1/2002 6/2007 93/ 95/ 98/ 00/ 0 03/ 05/ 0 0 1991/1992 1992/ 19 1994/ 19 1996/1997 1997/ 19 1999/ 20 20 2002/ 20 2004/ 2 20 2007/ Financial Year
General Purpose Roads Total Grant
IMPLICATIONS Financial Budget allocations for the equalisation and roads component will be adjusted favourably by $5,579 and $43,944 respectively.
There are no other implications.
RECOMMENDATION That the report be received and the information noted. Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Shaun Chandler 6. REQUEST FOR FINANCIAL ASSISTANCE GRESFORD SHOWGROUND REDEVELOPMENT COMMITTEE 268, 129/6
Précis:
Request for contribution towards water account from the Gresford Showground Redevelopment Committee.
********** Council has received the following correspondence from Robert Richardson; committee member of the Gresford Showground Redevelopment Committee, the letter was originally written 28 May 2007 but never received by Council.
“We are in receipt of the latest water rates notice provided to our Showground Redevelopment Committee by the Secretary of the Gresford Park Trust, Mr Noel Jupp.
Whilst we acknowledge the significant use of water by the Committee over the period, used specifically to ensure the ground had a proper and sufficient state of grass cover established for the 75th Anniversary Show in March, we ask that you take into consideration the following:-
x The refurbishment work was conducted by a group of volunteers who freely gave their time to achieve a significant project. x The work has been conducted at no cost to Council. x We acknowledge the support given to the project by Council in respect of the supply of gravel and other items. x Equipment contractors and transport operators also gave freely of their plant and equipment. x Council engineering staff estimated the work value to be in excess of $300K. x The obligation we had to ensure the ground was in a fit state for the 75th Show. x The fact that we were in the middle of the worst drought for 100 years. x That the refurbishment will now allow significant opportunity for increased and diverse uses of the ground which will not only benefit Gresford but the whole of the Shire with increased patronage and tourism opportunity. x Already we have confirmation that the “Noel Poly Everett Country Music Festival” will be held here over the October long weekend and also at Easter each year with up to 3000 people visiting the district for each weekend. x Initial interest shown for the National ABCRA Camp Draft finals to be conducted here next year.
Accordingly, the Committee respectfully ask that Council consider if there are means available to them that may assist in some form of cost reduction to the Committee and we provide the above information as supporting evidence that we operated as a not for profit organization, believing that what we have achieved is for the benefit of the whole Shire as well as the Gresford district.”
There is no reference to an amount within the correspondence however the Gresford Park Trust Inc was billed for an amount of $6,930.00 in April 2007. I am unaware how this account was apportioned for individual users. The account has since been paid in full.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. IMPLICATIONS
Financial
The Gresford Water Supply currently struggles to cover operational expenditure due to the small number of customers it services. Should Council determine to reduce the water costs on this occasion it would effectively impose those costs on the other water users connected to the Gresford water supply
RECOMMENDATION
That Council decline this request for assistance.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. INFRASTRUCTURE & ASSETS DEPARTMENT EXECUTIVE MANAGER'S REPORT
Terry AG Wilson 1. TRAFFIC AND ROAD SAFETY COMMITTEE 119
Précis:
Reporting on the Traffic Committee meeting held on 3 September 2007 as per Annexure ‘A’ attached to this report.
********** IMPLICATIONS
Financial
Implementation of some of these actions will require financial expenditure however most of the projects will be programmed to be undertaken as funding becomes available. Projects that are unfunded will be reported back to Council to obtain funding sources.
Statutory
There are no statutory implications
Environmental
There are no environmental implications
Community
There are no community implications
Consultative
There are no consultative implications
RECOMMENDATION
That the minutes of the traffic committee be received, with works identified being undertaken as funding becomes available.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Greg McDonald 2. MAIN CREEK RESERVE 54/1
Précis:
Reporting on the use of Main Creek Reserve.
**********
Council recently received complaints from an adjoining owner (Mr Greg Knapp) to the Main Creek Reserve (R210082) regarding the use of the reserve. Mr Knapp complained of motorcycle use on the reserve and the degradation of the reserve from this use. The reserve is Crown Land and is in Council’s care and control. As such, Council can lease the land.
As Councillors would be aware, the reserve was the subject of some concern a number of years ago and at the time Council was unable to secure a grazing lease on the site.
The reserve fronts Main Creek and has a public road running through it. It is understood that some vehicular traffic is likely to utilise the public road (and possibly the reserve) during weekend periods, particularly recreational motorcyclists. This Council does not have the resources to police the use of the reserve in normal working hours let alone weekend periods as well.
When the recent complaints were received, letters were sent to the three adjoining property owners seeking applications from interested parties again wishing to lease this land.
Mr Knapp returned advice to Council advising that he was not interested in the lease but wanted Council to resolve the matter. The other two property owners have responded to
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Council advising that they are both willing to undertake a lease on the land. The amount offered in both cases is identical being $200 per annum. This figure is in line with other grazing leases that Council presently has active throughout the shire. Mr Knapp’s letter is reproduced as Annexure ‘B’, together with the two lease submissions.
Mr Blandford has advised in his offer to lease the land that his access to his property is across the reserve and as such I advised all property owners submitting an offer that access to Mr Blandford’s property would need to be maintained.
Council is not in a position to address all the issues raised by Mr Knapp, and certainly isn’t in a position to regenerate the land as suggested by Mr Knapp, however leasing of the land may address the issue of weekend use by motorcyclists and the resulting degradation.
Council could reapproach each of the two interested parties to determine the maximum lease amount likely to be paid and enter into a lease with the wining bidder or could simply make a determination on the present two submissions.
In view of the fact that Mr Blandford has his access through the reserve, has maintained fences in the past and has the longest adjoining boundary, it is recommended that a lease with Mr Blandford be entered into.
IMPLICATIONS
Financial
There are no financial implications
Statutory
There are no statutory implication
Environmental
Mr Knapp has raised environmental concerns
Community
There are no community implications
Consultative
Council has written to the three adjoining neighbours regarding the possible lease of the site.
RECOMMENDATION
That Mr Blandford be granted a grazing lease of reserve R210082 subsequent to satisfactory advertising of Council’s intention.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Steve Hitchens 3. WORKS PROGRESS REPORT 184
Précis:
Reporting on construction and maintenance works. ********** Works carried out during the previous month:-
Road & Bridge Construction MR101 Maxwells Creek - Works continuing (Contract) MR101 Martins Creek - Works continuing (Contract) MR7778 Lennoxton to Vacy - First stage primed - Earthworks and pavement works continuing on second stage R7778 Fishers Hill - Works continuing (Contract) Limeburners Creek - Clearing works complete Union Bridge - Scheduled to be reopened 21 September
Sealed Road Maintenance Pothole patching works were carried out on Summerhill Road, Station Street, Torryburn Road, Dungog Streets, Gresford Streets, Paterson Streets, Torryburn Road, Pinebrush Road, Clarence Town Streets, Erringhi Street, Gaggin Street, O’Loughlin Street, MR101, Fosterton Road, Alison Road Guidepost Maintenance - MR101, MR7778 Vegetation Clearing - MR128, Pinebrush Road, Glen William Road, Glen Martin Road
Unsealed Road Maintenance Gravel/Grade/Roll - Dog Trap Creek Road Grade/Roll - Windeyer Street, Common Road, Orange Grove Road, Moylans Road, Burton Street, Wade Street Drainage/Culvert Maintenance - MR7764, Dog Trap Creek Road
Bridge, Concrete and Other Maintenance Works Footbridge Repairs - Queen Street Clarence Town Corys Creek Bridge - Gabion works, abutment repairs and approach slabs complete Bower Bird Close - Gabions and concrete extension complete Windeyer Street Bridge - Transverse deck maintenance Flood Rack Removal - Banfield, Thalaba and Bruxner Bridges Common Road - Bollard Installation on footpath complete Clarence Town Tennis Shed - Demolition complete Rocky Creek Bridge - Gabions and abutment repairs Gams Bridge - Gabions and abutment repairs
Roadsides No roadside slashing was undertaken during the last month.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Sporting Grounds:- During August the following Sporting Grounds were mown (the number of mowings is shown in brackets):- Bennett Park Oval (1), Bennett Park Surrounds (1), Dungog Showground Surrounds (2)
Parks/Reserves/Cemeteries:- During August the following Parks/Reserves/Cemeteries were mown (the number of mowings is shown in brackets):- Jubilee Park (1), Frank Robinson Memorial Park (1), Apex Park (1), Bruyn Park (1), Coronation Park (1), Tucker Park (1), Kings Wharf Park (1), Orana Park (1), Dungog Cemetery (1), Dungog Lawn Cemetery (1) and Paterson Cemetery (1)
Bindii Spraying - Various sportsgrounds and parks
Major Works to be continued or commenced in the next 3 months:-
Road Construction MR101 Maxwells Creek - Works commenced MR101 Martins Creek - Works commenced MR7778 Lennoxton to Vacy - Works commenced R7778 Fishers Hill - Works commenced Melbee Subdivision - Stage 4 Water and Sewer works ongoing IMPLICATIONS
There are no financial, statutory, environmental, community or consultative implications of this report.
RECOMMENDATION
That the report be received and the information noted.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. PLANNING DEPARTMENT MANAGER’S REPORT
Kristy Cousins 1. R L THORNTON – LOT 11 DP 37805 & LOT 2 DP 1086435 DOG TRAP CREEK ROAD, EAST GRESFORD DA 16/2007
Development Application No.: 16/2007
Owner: R L Thornton
Applicant: G Ferguson
Land: Lot 11 DP 37805 & Lot 2 DP 1086435, Dog Trap Creek Road, East Gresford
Zone: 1(a) Rural
Area: 363.17 hectares
Proposal: 5 Lot Subdivision
Issues: Compliance with Planning for Bushfire Protection 2001 and public submissions
********
Background
Approval is sought for a 4 x 60 hectare and 1 x 120 hectare lot subdivision of Lots 2 DP 1086435 and Lot 11 DP 37805. The original application was for 6 x 60 hectare allotments; however two proposed lots were consolidated during the assessment process by the applicant due to the physical constraints of the property.
The property is accessed via both Dog Trap Creek Road and a right of way off Parks Creek Road, Bingleburra. The property is split with a section of the Williams range.
It is proposed to access 2 lots from Dog Trap Creek Road, one of these lots contains the existing dwelling house. 3 lots will gain access via the Right Of Way off Parks Creek Road. An existing track traverses the range between the two sides of the property which will provide the alternate access route in the event of a bushfire.
Planning Instrument
Dungog Local Environmental Plan 2006
The property is zoned 1(a) Rural under the Dungog Local Environmental Plan 2006. The proposal complies with the 60 hectare minimum lot size for a dwelling house. The property is currently utilised for agricultural purposes, however is not considered to be prime agricultural land and mainly comprises class 4 and 5 agricultural suitability.
Integrated Development
The matter was referred to the NSW Rural Fire Service as an Integrated Development application on the 2 February 2007. After Council staff undertook a site inspection, Council Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. advised the NSW Rural Fire Service that we had concerns with the ability of the applicant to comply with the Bushfire requirements due to the steep terrain and requested that prior to determining the application that an RFS representative visits the site.
Council received a letter on the 27th March 2007 from the RFS advising that a Bushfire Safety Authority had been granted subject to the following conditions:
1. Access is to comply with section 4.3.2 Planning for Bushfire Protection 2001.
Council to note: Any future residential development application lodged for proposed lots within this subdivision, identified as bush fire prone land on the Councils bush Fire Prone Land map, may be subject to Section 79BA of the EP & A Act and must meet the requirements of Planning for Bushfire Protection 2001.
This response is deemed the Bush Fire Safety Authority as required under Section 100B of the Rural Fires Act 1997.
An on-site meeting was organised with a member of the RFS district staff, Council, applicant and the owner of the property. At this meeting the difficulties of the site were discussed and this resulted in the original 6 lot subdivision being reduced to a 5 lot subdivision.
While it was conceded that the construction of future dwellings could comply with PBP 2006 given the location of the individual building envelopes, concerns in relation to the ability to satisfy the requirements of section 4.3.2 of PBP 2001, as required by the RFS Fire Safety Authority remained outstanding.
Council requested that the applicant demonstrate that they could comply with the RFS condition of access complying with section 4.3.2 of Planning for Bushfire Protection. Council also requested additional information on a number of other matters.
A further meeting was held on site with Lisa Schiff, Greg McDonald and Rob Thornton on the 6th July to discuss the proposal.
The applicant provided additional information on the 14th August 2007
PUBLIC INTEREST
The proposal was advertised in the Dungog Chronicle on the 14th February 2007 to 16th March 2007. Adjoining owners were advised by mail on the 12th February 2007. Three submissions were received during the exhibition period, and one letter questioning when the work would commence and who oversees the work.
The submissions were generally concerned with the proposal due to the lack of information provided with the Development Application. The owner of the property requested a copy of the submissions to the proposal, and proceeded to provide additional information addressing the concerns within the submissions directly. As a result one submission has been formally withdrawn, with another indicating that the issues appear to be fairly minor as there will be only one additional dwelling accessed via Dog Trap Creek Road.
The main issues raised are as follows:
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Issue Comment The proposal is an over development of the There were concerns regarding the proposal site because of the steep nature of the land. being an over development, however the applicant has since reduced the subdivision to five lots, each with a building envelope complying with Council’s requirements. There is an existing dam located close to the It is not proposed to remove this dam. It is gate at the end of Dog Trap Creek Road proposed to create a right of way to access which is on the gazetted road. If it is removed the building enveloped off Dog Trap Creek than it will have an impact on overland flows Road. into the neighbouring property. Concern over the adverse impact of the The impact should be minimal as there is additional traffic on Dog Trap Creek Road. only one additional dwelling to be accessed Also concern with the internal road standard off Dog Trap Creek Road. It is proposed to which will require 4WD vehicles resulting in only use the internal track over the range as adverse noise and vibration impacts. an emergency egress. Concern over the electricity service in the This is the standard requirement of locality not being adequate. Preliminary subdivision approvals for the developer to investigations indicate that an upgrade will ensure that adequate electricity is supplied to be required which should be at the cost of each proposed lot at their cost. the developer Concern over the bushfire risk and the ability This is addressed throughout the report. of the bushfire tanker and associated personnel to access the allotment. It is imperative that the proponent clearly demonstrate that the development can comply with the RFS requirements. Concern over a loss of privacy, as well as the There is only one additional building potential for excessive lighting which will envelope to be created off Dog Trap Creek impact on the night skies. Road which could potentially impact on the properties accessed off Dog Trap Creek Road. Where the proposed building envelope is located should have minimal impact on the existing Dog Trap Creek Road residents. Concern that if cats are allowed the Council is not in a position to enforce a abundance of small birds and animals may restriction disallowing cats. We will convey be threatened. Requests a covenant by these concerns to the owner of the property. placed on any new homes to disallow cats.
Environmental Services
Proposed Lot 101 appeared to be constrained with two gullies, and therefore Council requested that the applicant demonstrate that there was suitable area for effluent disposal near the building envelope.
The applicant provided a report which states “An area located above and to an easterly direction of the proposed building envelope was identified as the preferred disposal area. This site has an area of approximately 1500 m2 available that is suitable for the task of treated effluent disposal.
A site plan for the disposal area on proposed Lot 101 was provided on the 7th September, this plan indicates that the site does have adequate area for on site disposal. The applicant will need to ensure that the access track to the building envelope does not traverse the additional irrigation area.
Other lots in the proposed subdivision are all 60 hectares or more and have suitable areas for effluent disposal.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Building envelopes within the proposed subdivision are generally clear of substantial vegetation. Additional clearing not covered by the Native Vegetation exemptions will require separate approval through the CMA.
Engineering Department
External Roads and Traffic
The developer has proposed to gain vehicle access to proposed Lots 100 (with an existing dwelling) and 101 (vacant) via Dog Trap Creek Road which is Public Road fully maintained by Council and generally a 1.5 lane width gravel formation in reasonable condition.
Proposed Lots 102, 103 & 104 (all vacant) will gain vehicle access via an existing Right of Way 20.117 Wide through Lot 12 DP 37805 and Lot 3 DP 1103292 from Lyons Road. Lyons Road is a fully maintained Public Road generally with a single lane gravel formation.
Pursuant to the intent of table 1b of Council’s “Provision Of Rural Road Services” policy the existing Right of way from Lyons Road servicing proposed Lots 102, 103 & 104 will need to be upgraded to a 4 metre wide 300mm thick approved and compacted gravel formation plus table drains and other associated stormwater drainage works OR to conform to the NSW Rural Fire Service standards whichever is greater.
The DA can be conditioned accordingly.
Internal Accesses
Internal access shall be upgraded to the same standard as the intent of Council’s “Provision Of Rural Road Services” policy or the NSW Rural Fire Service standard whichever is greater and can be conditioned accordingly.
Flooding
Council does not have any records of flooding within this vicinity however vehicle access to proposed Lots 102, 103 & 104 would be affected by a number of creek crossing that have been identified as nominated streams pursuant to the Department of Water and Energy.
The DA can be conditioned accordingly.
Stormwater Management
Stormwater management to be addressed as part of the engineering design plans that will need to be submitted for the upgrade of Lyons Road and the Right of Way 20.117 wide.
The DA can be conditioned accordingly.
Engineering Conclusion
Considering the above engineering comments the development can be supported subject to the engineering conditions as listed in the recommendation.
SUMMARY
The property is zoned 1(a) Rural under the Dungog LEP 2006, the proposed subdivision is permissible in accordance with clause 28(4).
The NSW Rural Fire Service issued a conditional Fire Safety Authority under Planning for Bushfire Protection 2001. Council has been put in the position of determining whether access Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. can comply with the RFS requirements. This is difficult for Council staff particularly as the RFS have not been consistent in the past with the practical application of conditions.
The lack of consistency in both the application of conditions and expectation of performance standard by the RFS has resulted in Council making the call in relation to compliance, which leads to liability issues. This issue has been raised with the RFS on a number of occasions and recently we made submission to Hunter Council’s.
The applicant provided plans demonstrating that the access track over the mountain range which is to be used for emergency egress does not exceed the 15 degree maximum required by the RFS. However the remaining requirements, such as vegetation over hang, road width and passing bays must also be complied with.
Additional information must be supplied prior to the release of construction certificate demonstrating full compliance with the RFS requirements, however it is believed that the proposal can comply with these requirements and therefore the application can be supported.
RECOMMENDATION
Approval be granted for a 5 Lot Subdivision subject to the following conditions:
Attachment A - Conditions of the development consent
Prior to Release of Subdivision Certificate
The following conditions are to be complied with prior to release of Final Plan of Subdivision by Council:-
1. Payment of a cash contribution to Council in accordance with the provisions of Dungog Section 94 Contributions Plan 2004 adopted 29 September 2004.
The following contributions, which are subject to quarterly adjustment, are to be paid prior to the release of linen plan and subdivision certificate.
Gresford Catchment Sports Fields $ 4,740.00 Parklands $ 249.00 Swimming Pool $ 1,258.00 Indoor Sports Facility $ 1,326.00 Local Community Centre $ 394.00 District Community Centre $ 272.00 Youth Venue $ 216.00 Arts & Craft Centre $ 58.00 Aged Facility $ 198.00 Library $ 598.00 Pre-School $ 795.00 Rural Sub-Arterial Roads upgrades $ 106.00 Rural Local Roads & Intersection upgrades $ 919.00 Bikeway Facilities $ 390.00 Fire Services $ 1,365.00 Section 94 Management $ 963.00 Administration $ 673.00 Total $14,520 per additional lot created
Reason: This development results in increased demand on existing amenities or services that has been identified in respective contribution plans. These plans are available for inspection at Council’s offices, Dowling Street, Dungog. Council will hold Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. the money payable under this condition and utilize these funds to upgrade amenities or services in the future.
Advice: Copies of the Contributions Plan are available for inspection and purchase at Council’s Administration Building, Dungog.
The applicant and / or subdivider must contact Council prior to the payment to determine the current rate of contribution, as the rates are revised quarterly. Staging of payments is permitted if staging of development is approved by the terms of this consent.
2. Suitable arrangements being made with an energy provider to ensure that:-
(a) electricity will be available to each allotment created by the subdivision when and if development is proposed on the land; (b) that any transmission lines or other assets of an energy provider on private land be “protected” by an easement; and (c) where development requires the relocation of transmission lines or other assets, the applicant is required to make satisfactory arrangements with an energy provider for such relocation to be carried out.
Reason: To ensure that the interests and responsibilities of energy provider and Dungog Council with regard to the timely supply of power connections are satisfied.
Advice: An energy provider is responsible for the supply of electricity to this land. The applicant must contact an energy provider on all matters concerning electricity supply.
A letter from an energy provider stating that satisfactory arrangements have been made for the supply of electricity in the subdivision is to be submitted to Council, and accepted, prior to the release of the linen plan of subdivision.
3. Suitable arrangements being made with a telecommunications carrier to ensure that:-
(a) communication will be available to each allotment created by the subdivision when and if development is proposed on the land; (b) that any transmission lines or other assets of a telecommunications carrier on private land be “protected” by an easement; and (c) where development requires the relocation of transmission lines or other assets, the applicant is required to make satisfactory arrangements with a telecommunications carrier for such relocation to be carried out.
Reason: To ensure that the interests and responsibilities of a telecommunications carrier and Dungog Council with regard to the timely supply of telephone connections are satisfied.
Advice: For details of arrangements pertaining to the land, applicants must contact a telecommunications carrier direct.
A letter from a telecommunications carrier stating that suitable arrangements have been made is to be submitted to Council, and accepted, prior to release of the linen plan of subdivision.
4. Submission of an original plan of survey by a Registered Surveyor and ten (10) copies to Council for subdivision approval.
Reason: To ensure compliance with Council’s requirements.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Advice: The final plans must conform generally with the subdivision proposal shown on the concept plan submitted with the Development Application dated 2 February, 2007 and incorporate Council’s requirements.
Council’s fee covers the cost of providing copies of the plan of survey to relevant internal Council departments and to Government departments as required.
5. Application for a Subdivision Certificate is to be submitted to and approved by Council prior to release of the final linen plan of subdivision.
Reason: To ensure compliance with Council’s requirements.
Advice: The fee for a Subdivision Certificate is $220.00.
6. A Subdivision Certificate will not be issued nor the final plan signed and released by Council until all conditions of consent have been complied with to Council’s satisfaction.
Reason: To ensure compliance with Council’s requirements.
7. The developer shall ensure that satisfactory arrangements have been made with Council for the supply and erection of property identification numbers in accordance with Council’s Rural Addressing Program.
Reason: To ensure that property addressing is of a uniform nature.
Advice: A payment of $65.00 to Council for each lot created is required for rural addressing purposes.
8. The plan of subdivision and Section 88B instrument shall establish the following restrictive covenants; with the Council having the benefit of these covenants and having sole authority to release vary or modify these covenants. Wherever possible the extent of the land affected by these covenants shall be defined by bearings and distances shown on the plan of subdivision.
x Any future dwelling application shall comply with the requirements of Dungog Shire Council and under Section 79BA of the Environmental Planning and Assessment Act relative to the requirements as set out in Planning for Bushfire Protection.
x Proposed Lots 101, 102, 103 and 104 have been created with the assessment of a specific building envelope.
9. All fees, Section 94 and other Contributions will need to be adjusted in accordance with Councils Fees & Charges applicable at the time of payment.
Reason: To ensure all Fees & Charges are paid at the correct rate at the time of payment.
10. 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.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Applicants are required to nominate the relevant Construction Certificate Number and location prior to the inspection request being granted.
Note: STAGE INSPECTIONS are required to be carried out in order to ensure that a Subdivision Certificate can be issued. In the event that any stage inspection is not carried out, a Subdivision Certificate cannot be issued.
(a) After stripping of topsoil from roads and fill areas, all Erosion & Sediment Control devices and Traffic Control signs shall be installed at this stage. (b) After completion of road sub grade. (c) After placement and compaction of each layer of gravel pavement material. (d) After laying and jointing of all stormwater drainage pipelines prior to backfilling. (e) After restoration and completion of all 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. These inspection fees must be paid prior to release of the Construction/Subdivision Certificate associated with the Development Consent. 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.
Reason: To demonstrate that development works are carried out in conformity with the Construction Certificate issued development conditions and to appropriate technical engineering standards.
11. Prior to preparation of any engineering design plans, 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:
x Location of passing bays. x Erosion & sediment controls. x Stormwater drainage. x Pavement standards including carriageway widths etc. x Standard of river/creek crossing detail over nominated water ways. x Restoration details.
Reason: To ensure appropriate levels of works and engineering design details are satisfactorily addressed.
12. Some of the land and vehicle access to each Lot may be subject to local flooding and if it is flooded Council will not, pursuant to Section 733, Local Government Act 1993, incur any liability in respect of the granting of this consent.
Reason: To provide certainty as to the development approved.
13. The applicant is to provide from a Registered Surveyor certification that the upgrade of the existing track between the eastern most boundary of Lot 11 DP 37805 and Lyons Road has been constructed wholly within and is covered by a right-of- carriageway AND.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. That the existing track off the end of Dog Trap Creek Road providing vehicle access to proposed Lot 101 is wholly contained within a Right of Way.
Reason: To ensure legal and practical vehicle access is available to the development site.
14. The provision of Work as Executed information prior to release of the Subdivision Certificate. The information is to be submitted in hard copy and in electronic format compatible with AutoCAD. This information is to be approved by Council prior to issue of the Subdivision Certificate.
Reason: To ensure Council has documentary proof of all their assets to complete appropriate records.
Prior to Release of Construction Certificate
15. Construction of roadwork including associated drainage and erosion/sediment controls, in accordance with design plans submitted to and approved by Council. (a) Upgrading and construction of the existing track from the eastern most boundary of Lot 11 DP 37805 and Lyons Road to service proposed Lots 102, 103 & 104 to include:- x Standard of construction to be of a minimum 4 metre width pavement of 300mm compacted gravel plus table drains OR to the minimum standard pursuant to Clause 4.3.2 Planning for Bushfire Protection 2001 required by the NSW Rural Fire Service whichever is greater.; x Strategically positioned passing bays are to be shown on the design plan and installed by the developer; and x A suitable signpost being erected by the developer to ensure public awareness of the private nature of the access. x Construction of concrete causeways at all waterway crossings along the access road length to the satisfaction of Council.
(b) Upgrading of Lyons Road from Parks Creek Road to the intersection of the existing track providing vehicle access to proposed Lots 102, 103 and 104 to include:- x Regravelling to re-establish a minimum depth of 300mm compacted gravel plus table drains; x Strategically positioned passing bays are to be shown on the design plan and installed by the developer; and x Construction of concrete causeways at the first waterway crossing from Parks Creek Road to the satisfaction of Council.
(c) Upgrade the access to lot 101 from the end of Dog Trap Creek Road to the lot boundary to include:- x Standard of construction to be of a minimum 4 metre width pavement of 300mm compacted gravel plus table drains OR to the minimum standard pursuant to Clause 4.3.2 Planning for Bushfire Protection 2001 required by the NSW Rural Fire Service whichever is greater.; x Strategically positioned passing bays are to be shown on the design plan and installed by the developer; and x A suitable signpost being erected by the developer to ensure public awareness of the private nature of the access. x Construction of concrete causeways at all waterway crossings along the access road length to the satisfaction of Council.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Reason: To provide an appropriate standard of vehicle access to the land to accommodate the traffic likely to be generated from the development.
16. A 3A permit is to be obtained and a copy provided to Council for any work within 40 metres of a watercourse.
Reason: To ensure compliance with the Rivers and Foreshores Improvement Act.
17. Approval must be granted prior to any clearing of vegetation on state protected lands. A copy of this approval is to be provided to Council prior to release of Construction Certificate.
18. An Erosion and Sediment Control Plan shall be submitted to Council for approval prior to issuing of the Construction Certificate. 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.
Reason: To ensure all sediment is contained on the development site and appropriate environmental controls are in place.
19. A Construction Certificate is to be issued by the Certifying Authority prior to commencement of any works. The application for this Certificate is to satisfy all of the requirements of the Environmental Planning and Assessment Regulation 2000.
Reason: Required by the Environmental Planning and Assessment Act.
20. Specific written approval or stamping of design plans as approved by Council and payment of all relevant plan checking and supervision fees is required, prior to commencement of any clearing, construction or other associated activity required as a condition of subdivision.
Reason: To ensure that the development complies with Council requirements
21. Prior to the release of Construction Certificate the following details are to be submitted to Council:-
(i) A copy of an instrument showing creation of a right-of-carriageway over the intervening privately owned land for the upgrading of the vehicle access road.
Reason: To ensure legal vehicle access is available to the development site.
Prior To Release Of Final Plan Of Subdivision And At All Times
22. Access is to comply with section 4.3.2 Planning for Bushfire Protection 2001. The applicant must provide detailed information demonstrating compliance with this requirement.
23. Purchasers of the new allotments are to be provided with copies of the Bushfire Management Plan and also the Evacuation Plan.
24. The site and the infrastructure are to be maintained at all times in accordance with Planning for Bushfire Protection in an effort to improve the chances of the survival in the event of bushfire threat.
25. The application of the Australian Standard AS3959 ‘Construction of Buildings in Bush Fire Prone Areas’ in accordance with Part 2.3.4 of the ‘Building Code of Australia’ must apply to the future dwellings within the Proposed Building Envelopes. As a Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. result of the predominantly low bushfire attack category given to the property in conjunction with the grade of the access roads, Level 1 Construction is recommended for all proposed allotments. This Level of construction should provide ember protection and should, to some extent, mitigate the non compliance with Planning for Bushfire Protection in relation to the sections of the access road that exceed 15 degrees, preventing external assistance in fighting bushfire. The non- compliance with Planning for Bushfire Protection in this instance occurs as a result of the Isolated Development status of the property and as a consequence, a set of extra protection measures must be implemented to provide appropriate protection for the proposed dwelling and residents. These extra protection measures must be identified at the Development Application stage for dwelling construction.
26. Asset Protection Zones can be provided for the dwellings within the Proposed Building Envelopes. The APZ’s must take the form of Inner Protection Areas, measured from the dwellings. Assessment of the site in accordance with Planning for Bushfire Protection indicates that the Asset Protection Zones must reflect the distances as nominated in the Bushfire Risk Assessment prepared by Dungog Stock and Property dated January 2007.
Asset Protection Zone setback distances and other measures recommended in the above Bushfire Risk Assessment are the minimum requirements to ensure that the requirements of the Rural Fires and Environmental Assessment Legislation Amendment Act 2002 are satisfied.
27. Fuel management within the Asset Protection Zones on the Proposed Building Envelopes must be continuously maintained. Slashing/mowing/grazing are not appropriate maintenance techniques on the steeper slopes. Appropriate techniques could include terracing and planting of the slopes with appropriate species. This issue must be addressed in Management Plan.
The need for adequate protection of life and property requires that a suitable balance between visual amenity and safety concerns be considered in relation to future landscaping of the site. All areas within the APZ’s must exclude landscaping with highly flammable species or dense, connected tree plantings. Plantings must not be placed adjacent to any wall of the dwellings, as this would increase the vulnerability of the structures to bushfire attack. In addition, flammable mulches must be avoided. A minimum distance of 1 metre between any landscaping and the dwellings must be maintained at all times. It is recommended that landscaping design reflect the principles outlined in the publication Landscapes and Building Design for Bushfire Areas by Rudolph & Ramsay.
In addition, a Management Plan must be prepared for the approval of the NSW Rural Fire Service detailing the method and frequency of asset protection zone maintenance, with specific reference to the slopes relating to individual building envelopes. The Management Plan must be drawn up in consultation with Department of Natural Resources and is to address erosion control. The owners are to note that works on slopes in excess of 18 degrees may require approval from Department of Natural Resources.
28. Each proposed allotment is to provide a Refuge Areas with an area of 100 metres X 100 metres be provided in a location readily accessible to the individual building envelopes for each of the allotments. These refuge areas have been identified on the subdivisional plan. The exact locations of the Refuge Areas are to be designed in consultation with the NSW RFS and nominated on the Final Plan of Subdivision, accompanied by a Section 88b Instrument.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. 29. The internal access driveways must be constructed to a width of 4 metres with verges. It will be necessary to ensure that a 6 metre high corridor maintained free of all vegetation and overhanging branches is achieved along the length of the internal roads. In addition to this, it will be necessary to construct passing bays at 200m intervals. These passing bays are to be compacted gravel surface. An appropriate hard stand area adjacent to future dwelling sites must be made available to accommodate a loaded fire tanker manoeuvring.
30. Dedicated static fireproof water supply tanks with a minimum 20,000 litre capacity for the exclusive use of fire fighting must be provided for each of the proposed lots, complete with a 65mm Storz outlet. A suitably fire protected back up petrol or diesel pump is also required with all necessary connections/pumps clearly marked and visible, and maintained in good working order. An area of hardstand should be located in proximity to the tank to enable a fire tanker to access the water without difficulty.
31. The site and the buildings are to be maintained at all times in accordance with this Development Consent and any recommendations of the NSW Rural Fire Service in an effort to improve the chances of the buildings survival in the event of bushfire threat.
32. In the light of the Isolated Nature of the development, the comprehensive Bush Fire Evacuation Plan commissioned by the owners of the property is to be submitted to the NSW Rural Fire Service and Council for approval.
The evacuation plan is to include detail in relation to the following issues:-
a) Under what circumstances will the property be evacuated. b) Where all persons be evacuated to. c) Roles and responsibilities of persons co-ordinating the evacuation. d) Roles and responsibilities of persons remaining with the dwelling after evacuation, if any. e) A procedure to contact the NSW Rural Fire Service District Office / NSW Fire Brigade and inform them of the evacuation and where residents will be evacuated to.
In the event that evacuation is not effected, a Refuge Area is to be nominated within the property boundaries.
33. Evidence is to be provided to Council demonstrating that the existing access track through the property has been formalised as a Right of Way for the benefit of Lots 100, 101, 102, 103 & 104 in the event that evacuation is necessary.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Kristy Cousins 2. LOCAL HERITAGE FUND 171/75
Précis: Local Heritage Fund allocations.
******** Council has been provided $8200 from the NSW Heritage Office for local heritage projects over the 2007-2008 financial year. We received 11 applications for financial assistance by the 9 August 2007 deadline. With such a large response the applications for funding exceed the amount of money available.
All the applications have been assessed by Council’s Heritage Adviser with the recommendations for funding as follows:
Application Heritage Advisors Comment Estimated Proposed cost of the funding project allocation Union Church at Bandon This work is acceptable and at the $ 2739.86 $ 684 Grove. higher end of the range. Some Original brick replacement areas will need far more costly around architecture windows repairs if work is not done soon. and entry ways. Re-pointing of mortar in areas of the Church. Orange Grove at 757 Allyn This building has excellent $ 5000 $ 1200 River Road, Allynbrook streetscape/landscape qualities Restoring the roof by replacing and has been well maintained over the iron, guttering and capping. the years. The rood is generally in good condition, however it is aging and roof repairs are always advisable early rather than late. It is at the middle to higher end of the scale Old Masonic Lodge (currently This adaptive re-use is considered $ 10 319 $ 1178 Anglican Church Hall) Dowling to be within the guidelines where Street, Dungog the re-use is a major factor in Installation of doors and providing the means of conserving windows and rebuilding the the item. The work proposed is flooring. sympathetic to the building and it would be difficult to imagine a more suitable re-use. The project is at the middle of the scale 15 Durham Road, East This project is at the middle end of $ 9565 $ 1200 Gresford the scale. It is visible and will Installation of a verandah in complement the house. If we could keeping with the original be certain it is a replacement of construction. (Had applied the original it is at the upper end of previously but was the scale unsuccessful under last years allocation) Former Presbyterian Manse, This is a highly significant listing in $ 5000 $ 1200 23 Dowling Street, Dungog a highly visible location. The work Repairing the front verandah is reasonably urgent to prevent deterioration. The work is at the higher end of the range Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Uniting Church, 240 Dowling The church is in a highly visible $ 5080 $ 1200 Street, Dungog location and there is merit in Repainting previously painted keeping paintwork in good order exterior areas of the church. rather than allowing deterioration. The work is at the higher end of the scale. Annandale, 4 King Street, The work is at the higher end of $ 30 000 $ 1200 Paterson the scale. We realise that the Re-flagging the north, east and proposed funding allocation is only west verandah to repair the a fraction of the amount sought for damage from salt damp this most suitable work but the number of applications limits the amount available. St Anne’s Church, Church This is at the middle to higher end $ 1355 $ 338 Street, Gresford of the scale. Repairs to the interior floor. Crooks Park Clarence Town The remaining evidence suggests $ 3600 Nil Road, Dungog. this type of garden landscaping Repair and update the was original to the property but the Homestead gardens, fencing, work is for new materials rather pathway and tennis court. than to conserve old materials and the applicants are uncertain exactly what form the original landscaping took. The work is at the lower end of the scale. Bank Hotel, Dowling Street, It is interpreted that ‘lacquer’ $ 1500 Nil Dungog means clear or lightly coloured Repair and re-lacquer the lacquer as opposed to paint or external doors heavily pigmented varnish. This is highly desirable and at the mid to upper end of the scale. Unfortunately the application did not provide the necessary information as required under the assistance scheme. 156 Dowling Street, Dungog This is highly visible and will $ 5522 Nil Replace the boarded top complement a building that is well windows of the shop front with restored. It is at the higher end of leadlight panels (reproduction the scale. The fact that the of the shop next door) applicant has received assistance in the past is a limiting factor. Total $ 8200
IMPLICATIONS
Financial
NSW Heritage Office will provide the funding for the completed projects at the end of May 2008.
Statutory
Not applicable.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Community
Council advertised within the Dungog Chronicle and sent letters to owners of Heritage Listed Buildings calling for applications for the funding.
Consultative
Applications were assessed by our Heritage Adviser.
Environmental
There are no environmental implications
RECOMMENDATION
1. That the 2007-2008 Local Heritage Funding be allocated as proposed by the Heritage Adviser.
2. The successful applicants be advised of the funding that has been allocated for their project and any specific conditions placed on the funding by the Heritage Adviser.
3. The unsuccessful applicants be advised and invited to apply under the 2008-2009 funding allocation.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. Lisa Schiff 3. LITIGATION REPORT 171/60
Précis:
Reporting on Planning Legal Costs in relation to litigation matters.
**********
At present there are no Appeals pending in the Land & Environment Court however Council is preparing a Class 4 action in the Land & Environment Court in relation to the unauthorised extractive industry located in Count Street Paterson.
IMPLICATIONS
Financial (Manager Finance’s Commentary)
Although the litigation report deals only with those matters which are or have been the subject of litigation action primarily through the Land & Environment Court, the source of funds for such action is the planning legal costs allocation within the Management Plan 2007- 2010. This budget allocation is utilised for all planning related legal costs including advice and professional services, with expenses incurred in the year for advice on regulation of extractive industries, draft Section 94 Plan and the RSA Quarry at Martins Creek.
The planning legal budget is $25,000 for the 2007/08 financial year and at the date of this report expenditure totalled $2,837 (including those items in the litigation report).
RECOMMENDATION
That the report be received and noted.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 18 September 2007 commencing 6.00pm. LITIGATION REPORT – CURRENT MATTERS AS AT 31 AUGUST, 2007
NAME MATTER DECISION CURRENT COSTS COSTS DESCRIPTION STATUS F/Y ENDING ACTUAL 2008 TO DATE PLANNERS COUNCIL REC. RESOLUTION PJ EVANS Class 4 Refusal Refusal Court $809.00 $15,488.53 DA 209/06 Proceedings Class 4 Hearing (Sparke Proceedings Pending Helmore) Paid $809.00 Unpaid - Total $809.00
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 18 September 2007 commencing 6.00pm. Glen Harper 4. REIMBURSEMENT OF DEVELOPMENT APPLICATION FEE DA 88/2007
Development Application Number 88/2007
Owner: Presbyterian Church Dungog
Applicant: Management Committee – Dungog Presbyterian Church
Proposal: Monthly Community Markets
Issue: Reimbursement of Development Application fee
Précis:
Application for financial assistance for Development Application fee paid for Development Application 88/2007.
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Development Application 88/2007
A Development Application was lodged on the 29 May 2007, for the Dungog Presbyterian Church to hold monthly community markets. The Committee of Dungog Presbyterian Church has requested Council to consider the reimbursement of the Development Application fee.
The fees paid to Council for Development Application 88/2007 are as follows:-
Development Application $ 110.00 Advertising $ 175.00 Construction Certificate $ 0.00 Inspections $ 0.00 Long Service Levy $ 0.00 Plan First $ 0.00 Total $ 285.00
As the Dungog Presbyterian Church is not owned by Council, reimbursement of 50% of the Development Application fees can be refunded if they are considered to be a small non-profit organisation.
50% of the Development Application fees (excluding Advertising) would total $55.00.
Council Policy
Councils adopted policy on the refund of Development Application fees states:
Council may, at its discretion, provide a non-conditional donation to small non- profit organisations in the following manner:-
- Up to a maximum of 50% of the Development Application fee set by regulation (excluding any costs associated with Council advertising) in accordance with Section 356 of the Local Government Act.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 18 September 2007 commencing 6.00pm. - 100% of the Development Application fees when the application related to development on public or council land.
The above fee relief system will only apply to fees set by this Council and will not apply to any other such fee/s for which Council is a collection agency, such as the Long Service Levy and Plan First.
All financial assistance provided under this policy will be funded from the donation allocation within Council’s budget. This donation is a non-conditional donation back to the respective non-profit organisation.
If the non-profit organisation wishes to exceed the 50% relief benchmark then the matter must be specifically raised in submissions to Council for consideration.
The organisation must pay full application fees in the first instance. Any non- conditional donation will be retrospective.
IMPLICATIONS
Financial
The total of the reimbursement entitled for Development Application 88/2007 is $55.00.
However, there is only $1647.00 remaining in Councils Sec 356 fee refunds budget for the 2007/2008 financial year.
Community
There are Community Implications as there is an expectation that DA Fee refunds will eventuate.
Other
There are no statutory, environmental, or consultative implications to this report. Should Council consider it reasonable that refunds should be granted in all cases where applicants satisfy Councils Policy then it will be necessary for Councillors to make additional funds available within the Budget.
RECOMMENDATION
Given that the Dungog Presbyterian Church operates the Community Markets at their expense, and that the Community Markets are an asset to the Dungog Community, it is recommended that the maximum allowed amount of $55.00 be reimbursed.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 18 September 2007 commencing 6.00pm. Lisa Schiff 5. STRATEGIC PLANNING UPDATE 171/64
Précis:
There are at present a number of strategic planning applications being processed.
********** 1. Rezoning applications
Lot & DP Owner Consultant Proposal Status Por 38 K Rubeli Vacant Holding Notice of Gazettal 7th DP 753139, 319 September 2007 Wangat Trig Road, Bandon Grove Lot 1 L & V Asquith & Rural Lifestyle Forwarded to the DP 120166, 1160 Tomkins DeWitt 1(l) and 7(a) Director General with a Limeburners Creek Environment recommendation the Road, Clarence Rezoning and application proceeds to Town subdivision. gazettal. Lot 1 DP964046, M Jones Asquith & Rural Lifestyle Processing application, Limeburners Creek DeWitt 1(l) and 7(a) to be placed on public Road, Clarence Environment exhibition when issues Town Rezoning and raised under s62 subdivision. consultation resolved. Lot 22 DP775681, Dillon, Palmer Bruyn Rural Lifestyle Combined with M Fotheringay Road, Kearney & 1(l) and 7(a) Jones Application - Clarence Town Irwin Environment Information has been Rezoning and received. To be placed subdivision. on exhibition when Jones amendment is resolved. Lot 122 Vacy Joint HDB Town Rural Lifestyle Processing application, DP 706044, 989 Venture Planning & 1(l) Rezoning to be reported to Dept Gresford Road, Vacy Design and of Planning for a subdivision. certificate to exhibit when issues raised under s62 consultation are resolved. Por 195, 196 & 197 R & R CoePlan Rural Lifestyle Being reviewed by DP 752497, Thompson Consultants 1(l) Rezoning Council staff. Awaiting Woerdens Road, and additional information Clarence Town subdivision. from the applicant. Lot 1 C & E Vacant Holding Notice of Gazettal 7th DP 742930, 355 Bourke September 2007 Cross Keys Road, Mt Rivers Por 65 DP 753216, Barrington Palmer Bruyn Rural Lifestyle Waiting on information Lot 25 DP 1007844, Tops 1(l) Rezoning from the applicant. Lot 162 DP Development Issues with the CMA to 1087653, Lot 1262 P/L be resolved and 1263 DP 1099773, Limeburners Ck Rd, Clarence Town.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 18 September 2007 commencing 6.00pm. Lot 32 DP 1068717, Covercopy Covercopy P/L 4(a) Deferred at the March Common Road P/L Employment Meeting of Council Dungog Rezoning. pending further consultation. Lot 1 DP 995064, Brisbane Brisbane Grove Rural Lifestyle Section 54(4) has been 263 Martins Creek Grove Rural Rural P/L 1(l) and Rural forwarded to the Dept Road, Paterson P/L 1(a) Rezoning of Planning Rezoning Panel. Lot 1 DP 190456, 50 Abrochild HDB Town Rural Lifestyle Section 54(4) being Summerhill Road, P/L Planning & Rezoning and prepared. Vacy Design subdivision Lot 1 DP 872717, P & S Vacant Holding Waiting for 4397 Clarence Town Graham contaminated land Road, Dungog assessment from the applicant. Lot 15 DP 867716, G Thackray Tattersal Vacant Holding Being reviewed by staff 211 Wallarobba & L Berg Surveyors Brookfield Road, Brookfield Lot 52 DP 1089481, Cornish HDB Town Rural Lifestyle Being reviewed by staff 734 Gresford Road, Group P/L Planning & 1(l) Rezoning Vacy Design Dungog Council Elimination of Resolved to prepare the 9(a) the Amendment at the Transition August Council Zone Meeting. Section 54(4) Report has been forwarded to the Dept of Planning Rezoning Panel.
There is an ongoing difficulty in relation to giving advice to the public in relation to rezoning and development potential of lands currently zoned 9(a) Transition. It is not anticipated that this situation will change until the work revising the Transition Zones is completed.
There is also a difficulty in the processing of some of these applications as elements may be contrary to the draft Transition Zone amendment maps. On this basis it is unlikely that the proposals would proceed past the Department of Planning LEP Panel.
RECOMMENDATION
That the report be received and the information noted.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 18 September 2007 commencing 6.00pm. Lisa Schiff 6. TILLEGRA DAM PLANNING STUDIES 253
Précis:
Update on Tillegra Dam Planning Studies & Policy Direction for Reside allotments.
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Planning Workshop are progressing with the planning studies on our behalf. Sub consultants David Winterbottom, Bronwyn Seiden and Jenny Rand have commenced their preliminary work in relation to the options for growth in Dungog and options for Tourism.
The first round of public consultation will have occurred prior to the Council Meeting in September and this should have given us an opportunity to vision future possibilities for change and growth with our communities. This will provide Planning Workshop with valuable information to feed into the planning studies.
Planning Workshop have been undertaking a spatial analysis of property within the Tillegra Catchment and have, with the assistance of Hunter Councils, embarked on producing a series of maps which will identify land holders, land parcels and property aggregations which will enable us to reach a formal position in relation to the issue of residue allotments. This work is ongoing.
As a part of this process, I have had the opportunity to have discussions with Nicole Holmes and Mark Hickey from Hunter Water and Wayne Brorson (Independent Valuer) in relation to Councils position regarding residue allotments within the catchment area. I spent the morning with them in an attempt to identify the potential numbers of affected people. It has been difficult for Council to gauge the scale of the problem as Hunter Water, for reasons of privacy, was not in a position to divulge personal information.
It now appears that there are a relatively few number (possibly 2 or 3) land owners that will be left with residue parcels after acquisition that have areas less than the 60 hectare minimum required for the construction of a dwelling. The numbers will not be finally confirmed until Planning Workshop has completed their work in this area.
On the basis of the small numbers involved, it would not be prejudicial to the work being undertaken by Planning Workshop, for Council to give an indication of our position in relation to these affected landowners remaining on residue portions. .
It seems reasonable to indicate a Statement of Intent as follows: “Council will make its best endeavours to accommodate those landowners whose land has been acquired by Hunter Water for the purposes of the proposed Tillegra Dam (inundation area & buffer), to remain on their properties in instances where the area of land falls below 60 hectares and the entire balance has been acquired by Hunter Water. This statement of intent is not intended to be applied to properties affected by Road Purchase Options. This statement of intent will be communicated to Planning Workshop for the purposes of consideration within the continuing studies.”
IMPLICATIONS
Statutory
The Statement of Intent is not intended to pre-empt Planning Workshops studies, which will be undertaken in accordance with statutory requirements. The Statement of Intent will be
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 18 September 2007 commencing 6.00pm. considered by Planning Workshop within the context of the planning studies currently being prepared which may not in fact recommend this option.
Community
The statement of Intent may give a degree of certainty to community members affected by acquisitions in relation to the proposed Tillegra Dam.
Consultative
The Planning Workshop studies will be exhibited for Public Comment when finalised.
RECOMMENDATION
1. Council indicate a Statement of Intent that Council will make its best endeavours to accommodate those landowners whose land has been acquired by Hunter Water for the purposes of the proposed Tillegra Dam (inundation area & buffer), to remain on their properties in instances where the area of land falls below 60 hectares and the entire balance has been acquired by Hunter Water. This statement of intent is not intended to be applied to properties affected by Road Purchase Options.
2. This statement of intent will be communicated to Planning Workshop for the purposes of consideration within the continuing studies.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 18 September 2007 commencing 6.00pm. Lisa Schiff 7. DEVELOPMENT APPLICATIONS - DELEGATED AUTHORITY 171/17
Development Consent has been granted to the following development applications under delegated authority for the month of August, 2007.
DA 98/03 Lot 1 DP 783443 No. 1148 Chichester Road, Chichester. Modification to (TPA 2807/01) Dwelling. Approved subject to conditions 20 August, 2007. DA 31/07 Lot 109 DP 1006661 No. 81 Fosterton Road, Dungog. Subdivision. (TPA 584/2) Approved subject to conditions 9 August, 2007. DA 37/07 Lot 2 DP 656862 No. 126 Sugarloaf Road, Sugarloaf. Subdivision. (TPA 1863/2) Approved subject to conditions 21 August, 2007. DA 85/07 Lot 15 DP 791343 No. 74 Durham Road, Clarence Town. Garage & (TPA 21/0001) Creation of Rear Access. Approved subject to conditions 2 August, 2007. DA 109/07 Lot 457 DP 749158 No. 72 Lennoxton Road, Vacy. Additions to Existing (TPA 2437/3) Dwelling. Approved subject to conditions 30 August, 2007. DA 118/07 Lot 265 DP 1064840 No. 3775 Clarence Town Road, Brookfield. (TPA 3218/22) Machinery Shed. Approved subject to conditions 6 August, 2007. DA 124/07 Lot 94 DP 738186 No. 739 Dungog Road, Hilldale. Dwelling – Dual (TPA 1553/342) Occupancy. Approved subject to conditions 22 August, 2007. DA 125/07 Lot 191 DP 620569 No. 45 Queen Street, Clarence Town. Garage. (TPA 143/2) Approved subject to conditions 9 August, 2007. DA 128/07 Lot 292 DP 787705 No. 382 Chads Creek Road, Halton. Machinery (1538/5) Shed. Approved subject to conditions 15 August, 2007. DA 130/07 Lot 6 DP 247313 No. 151 Horns Crossing Road, Vacy. Machinery Shed. (TPA 1553/049) Approved subject to conditions 27 August, 2007. DA 131/07 Lot 51 DP 259693 No. 74 Summer Hill Road, Vacy. Shed. Approved (TPA 2208/4) subject to conditions 15 August, 2007. DA 136/07 Lot 5 DP 209082 No. 18 Verge Street, Dungog. Extensions to Existing (TPA 1042/5) Dwelling. Approved subject to conditions 17 August, 2007. DA 137/07 Lot 1 DP 1105975 No. 103 Brewers Road, Flat Tops. Storage Shed. (TPA 2680/11) Approved subject to conditions 17 August, 2007. DA 138/07 Lot 1 DP 1044083 No. 910 Summer Hill Road, Summer Hill. Pool Cover. (TPA 2935) Approved subject to conditions 15 August, 2007. DA 140/07 Lot 61 DP 528645 No. 294 Fosterton Road, Fosterton. Swimming Pool. (TPA 2724/01) Approved subject to conditions 16 August, 2007.
RECOMMENDATION
That the report be received and the information noted.
L J Schiff MANAGER - PLANNING
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 18 September 2007 commencing 6.00pm. ENVIRONMENTAL SERVICES DEPARTMENT MANAGER'S REPORTS
Dan Bugitti 1. ENVIRONMENTAL HEALTH OFFICERS REPORT 15/13 & 57/16
Précis:
This report provides an update of activities on the On-site Sewage Management, Food Surveillance Programs and associated health activities for the period 31 of May, to 9 of September 2007.
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ON-SITE SEWAGE MANAGEMENT PROGRAM
There have been 2982 inspections carried out since the program commenced in late 2001.
There have been 114 inspections done since the start of June to date. This is slightly down on expected numbers due to the carrying out of food inspections and recent wet weather.
Council’s records indicate that there are 2,580 on-site sewage management systems in the Shire outside the village of Clarence Town. All of theses systems have now been inspected at least once. The results of these inspection are: High/Fail 579, High 384, Medium 694, Low Risk 869 and 54 new systems awaiting completion for final approval. (Approx 38% High or High Fail)
Council staff will now reassess the current program and put forward a new strategy to allow for upgrading of the remaining failing systems and for the effective monitoring of all septic systems in the Shire.
Since completing the initial round of inspections 46 of the identified high risk or failing systems have been reinspected. In the majority of cases (approx 60%) these systems have been upgraded to a satisfactory standard, however 16 Notices of Intention to Serve an Order have been issued where previously identified failures have not been rectified.
FOOD SURVEILLANCE PROGRAM
September 2007- All food inspections were completed for the financial year 06-07.
The new financial year brings a new round of inspection and the high risk food outlets had the first of three inspections in August. Inspections of medium and the low risk food outlets will be carried out in December with the second inspection for the high risk category.
Council staff with the assistance of David Martin and Associates conducted a food handling and hygiene seminar at the Doug Walters Pavilion in July for owners and staff of food premises in the Shire. There was an excellent response to the seminar with over 50 people attending. Feedback from the seminar was positive with most people requesting the course to be rerun at a later date.
The next seminar will be offered to community and sporting groups in addition to staff and owners of inspected premises. This seminar will cover the same topics as the last and include information on temporary food events and food stalls.
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 18 September 2007 commencing 6.00pm. HAIRDRESSER, BEAUTY AND SKIN PENETRATION PROGRAM
Inspections of skin penetration and the mortuary premises will be carried out in January of 2008. These premises generally require one inspection annually.
Council continues to offer advice on hygiene and safety issues, provide educational material and disseminate the latest information from the NSW Department of Health on best practise procedures.
TRAINING AND SEMINARS
Council’s EHO attended the regional Septic Tank Action Group (STAG) on the 1st of August and the Hunter Regional Health Education Committee on the 3rd of July.
From the beginning of September Councils EHO will also be looking after Companion Animal matters and ranger services for the Shire.
IMPLICATIONS
Financial
Councils Sewage Management and Food Programs are currently within budget forecasts for the 2007/2008.
Statutory
Dungog Shire Council’s Food Surveillance, On-site Sewage Management and Health Programs are in accordance with it’s responsibilities under the Food Act 2003, Public Health Act 1991 and Local Government Act 1993.
Environmental
Of the 2,580 sewage systems inspected since the commencement of the program, approximately 38% pose an identifiable risk to public health and the environment. The remediation of failing systems and advice to owners on the potential health issues and appropriate maintenance should provide significant improvements to public health and the local environment.
Community
On-going information and advice is provided to owners of septic systems and food businesses during the course of the inspection process and through enquires by the general public. The On-site Sewage Management Advisory Committee which is comprised of trade and community representatives was formed in 2001 to provide a forum for the community to raise issues in relation to Council’s On-site Sewage Management Strategy. This committee has not met for a number of years but can be recalled by Council or committee members if issues arise.
Consultative
Council’s Environmental Health Officer is a member of Regional Council Committees that meet regularly to discuss issues relating to the management of on-site sewage systems, food surveillance, skin penetration and emergency management. Council’s Environmental Health Officer is also a member of the On-site Sewage Management Advisory Committee.
RECOMMENDATION
That the report be received and information noted. Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 18 September 2007 commencing 6.00pm. Terry Kavanagh 2. HUNTER & CENTRAL COAST REGIONAL ENVIRONMENTAL MANAGEMENT STRATEGY 251/7
Précis:
This report is to provide for Council information the Hunter Central Coast Regional Environmental Management Strategy report on its activities and programs over the last three months. ********** BACKGROUND
The Hunter Central Coast Regional Environmental Management Strategy (HCCREMS) is facilitated by the Environment Division of Hunter Councils Incorporated. This program has grown originally from the Lower Hunter Central Coast REMS to incorporate Councils from the Upper Hunter (including Dungog) and North Coast as far as Great Lakes, Taree and Gloucester
Dungog Shire Council Staff have participated in this program through the REMS Steering Committee and Local Government Reference Group.
The purpose of this report is to provide the HCCREMS report which is forwarded to member Councils as a background to the committee’s quarterly meetings. The HCCREMS Report is attached as Annexure A.
IMPLICATIONS
Financial
Council contributed $14,420 to this program in the 2006/2007 period. Membership of this program provides access to resources and funding for regional based programs as detailed in the REMS report
Environmental
The environmental implications are as outlined in the HCCREMS report
Community
The local community benefits from Dungog Shires inclusion in a range of regional programs and access to funding received through REMS to carry out these programs
Consultative
There are currently 14 Councils in the HCCREMS program. This program provides for ongoing consultation between various Council staff and state authorities.
RECOMMENDATION
That the report be received and the information noted
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 18 September 2007 commencing 6.00pm. Terry Kavanagh 3. MARTINS CREEK RAILCORP QUARRY TPA’s 1553/1502, 1553/16, 1553/17
Précis:
This report is to advise Councillors of recent developments in relation to the operation of the RailCorp Martins Creek Quarry.
********** BACKGROUND
RailCorp operate a hard rock quarry at Martins Creek that provides rail ballast and building products. Council staff have been involved in ongoing discussions with RailCorp management in relation to operations at the Martins Creek Quarry. A number of reports have been provided to Council in relation to this matter.
A report providing a background to the quarry issue was provided to Council in July. At this meeting Council resolved:
1. That a public meeting is held in Paterson to address issues in relation to the operation of Martins Creek Quarry.
2. That representatives from the various integrated authorities, RailCorp and the Local Member are invited to attend.
This meeting was organised for August the 16th with good attendance from the local community. The meeting was also attended by Mr George Souris, Member for the Upper Hunter, Councillors and Council Staff and staff from the Department of Environment and Climate Change and RailCorp. Notes from the meeting are attached in Annexure B to this report.
In addition to the public meeting Councillors and Council Staff were invited to inspect the Martins Creek Quarry on the 24th of August. The inspection provided an opportunity to look at the quarries and processing plant on site and discuss RailCorp’s expansion plans.
At the meeting Raicorp staff provided Council with a copy of the community consultation report conducted on their behalf by Key Insights and recent production sales and transport figures for the quarry. A graph and table of these figures is also provided in Annexure B. These figures provide data on the last two years (previously withheld by RailCorp) that indicate a continued reliance by the quarry on road transport through the Dungog Shire.
RailCorp have advised that the transport and amenity issues will be considered as part of the Environmental Assessment process and that an application will be lodged with Planning NSW in October this year.
Council has written to the Ms Sonia Hornery assisting the Minister for Transport and RailCorp asking that interim arrangements are made to address the inequities in road maintenance.
IMPLICATIONS
Financial
The main financial implications to this report relate to the inequity in road maintenance contributions by the quarry. Over the last five years product transported by road has average
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 18 September 2007 commencing 6.00pm. 616,546 tonnes per annum while road maintenance payments remain linked to an agreement reached in 2000 when total sales including road and rail were 350,000 tonnes per annum. The average contribution to Council for road maintenance under this agreement in the same five year period is approx $45,000 year
Statutory
There are no statutory implications to this report. The proposed expansion at the Martins Creek Quarry will be assessed through Sec 3A of the Environmental Planning and Assessment Act
Environmental
There are considerable environmental implications to the operation and proposed expansion of the quarry. Most of these were highlighted by the community at the August 16th meeting and are attached in Annexure B as a summary points raised at that meeting.
Community & Consultative
RailCorp and Council have both instigated community consultation in relation to this matter. Issues raised in this consultation process will be included in the Environmental Assessment process and be further considered in a Planning Focus meeting for the quarry expansion plans under 3A of the EP&A Act.
RECOMMENDATION
That the report be received and the information noted
Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday, 18 September 2007 commencing 6.00pm.