DUNGOG SHIRE COUNCIL

ORDINARY COUNCIL MEETING 21 NOVEMBER 2018

ORDER OF BUSINESS

1. Acknowledgement of Country 2. Apologies 3. Declaration of Interests 4. Confirmation of the Minutes 5. Matters Arising from the Minutes 6. Prayer 7. Ode 8. Mayoral Minute 9. Public Access Session 10. General Manager's Reports by Department 11. Reports from Committees and Outside Organisations 12. Councillor Reports 13. Notices of Motion 14. Questions With Notice 15. Business of an Urgent Nature which the Council may, by resolution, decide to discuss 16. Closed Council (Confidential Matters) 17. Resumption of Open Council

Coralie Nichols GENERAL MANAGER

Page 1 MAYORAL MINUTE

1. LGNSW CONFERENCE

FILE NO: EF07/34

ANNEXURES: Nil

AUTHOR: Mayor Tracy Norman

COMMUNITY STRATEGIC Council Governance and Finance PLAN:

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

MOTION:

That the report be received and the information noted.

Precis:

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

************* Dungog Shire Council’s General Manager, Coralie Nichols, and I attended the LGNSW Conference held in Albury on 21-23 October.

LGNSW is the peak organisation representing the Local Government Sector. Its annual conference is attended by Mayors, Councillors, General Managers (GMs) and Senior Staff from Local Government Areas (LGAs) across the state. Delegates are addressed by key Ministers, Department Directors and experts in various aspects of local government. They also vote on motions that determine the policy direction of LGNSW for the coming year. There is an opportunity to talk to government departments and suppliers of goods and services to the sector and elected members can attend workshops on various aspects of local government life. Delegates also have the opportunity to network with colleagues from across the sector.

I attended a workshop on the legal responsibilities of elected members, which covered the topics of statutory roles of the governing body and elected members; community engagement; access to information; the draft model Code of Meeting Practice; work health and safety; surcharging and the draft Model Code of Conduct.

I also attended a workshop on development capabilities for elected members, which discussed LG NSW Capability Framework and its PD in a Box program, described by LG NSW as ‘a free and confidential portal for mayors and councillors to assess their capabilities and create a personal and professional development plan’. Councillors have previously received information on this program and on the Capability Framework. There is information available on the LG NSW website.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 2 Premier, Gladys Berejiklian, addressed the conference at an outdoor reception held on the banks of the Murray River. The Premier spent a considerable amount of time discussing regional issues. We also heard from the Mayor of Albury, Kevin Mack, and LGNSW President, Linda Scott at this reception.

The conference was also addressed by Minister for Local Government and Minister for Environment and Heritage, Gabrielle Upton, Federal Shadow Minster for Local Government, Stephen Jones and State Federal Minister for Local Government, Peter Primrose, who attended the entire conference.

We heard from Small Business Commissioner, Robyn Hobbs OAM, who spoke on the Easy to Do Business program, which is a partnership between participating LGA’s, Service NSW and the Office of Small Business Commissioner.

Australian Local Government Association (ALGA) President, Cr David O’Loughlin outlined ALGA’s twelve Federal Election initiatives, which include:

 A return to the 1996 level of 1% of Federal tax revenue in Financial Assistance Grants;

 Increasing Roads to Recovery program and making the Bridge renewals program permanent;

 Funding community infrastructure at $300 million for 4 years;

 Maintain support for relief and recovery and invest in targeted mitigation for natural disasters;

 Invest in a Local Government Climate Change Fund;

 Establish a Local Government Preventative Health and Activity Program;

 Commit to funding smart technologies, including funding for a digital rural/regional communications program;

 Achieve more cost-effective and equitable funding approaches to achieve a circular economy, including access to state waste levies.

David emphasised ALGA’s maxim that all politics is local. This is definitely something to keep in mind when councillors and the community are lobbying our local members and relevant ministers in the lead up to both the state and federal elections.

I attended an Australian Local Government Women’s Association breakfast, where special guest speaker, Sarah Garnett, who founded the Footpath Library gave an inspirational presentation on her work. She demonstrated how a simple concept has made such a powerful contribution to society.

Several speakers presented on smart places (cities and towns) and the implementation of strategies to best capture and use data and how to harness digital disruption.

LG NSW also launched its Save our Recycling Campaign, which calls on the State Government to re-invest the entire $727 million it collects from the waste levy each year in waste management and recycling.

Much of day two was taken up voting on the 100 motions put to the conference. These motions are to determine the policies and advocacy priorities of LGNSW for the coming year. The full record of decisions is available at: https://www.lgnsw.org.au/files/imce- uploads/90/Record-of-Decisions-2018-LGNSW-Annual-Conference_.pdf

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 3 Some decisions of relevance to Dungog Shire and the region are:

 Several motions on drought policy and drought relief, including for affected associated businesses

 That Local Government NSW requests the NSW Government to release the IPART Review of the Local Government Rating System - Draft Report of August 2016;

 That Local Government NSW lobbies the Federal Government for the permanent inclusion of a percentage of the fuel excise levy to be provided as an increase to the existing Roads to Recovery (R2R) funding program for local government;

 That the NSW Government address the inadequate base level of funding of $30,000 provided to councils to comply with the Crown Land Management Act’s requirement to prepare plans of management for all Crown Land that they manage; and allow for a transition period greater than three years to have adopted plans in place for all Crown reserves managed as community land;

 Several motions around simplifying and improving the planning process, particularly for rural and regional areas;

 That Local Government NSW contacts Transport NSW and advocates on behalf of councils for changes to the train timetables, including to regional areas;

 That Local Government NSW makes representation to the Treasurer of NSW, the Hon. Dominic Perrottet MP, to instigate a review of Treasury’s NSW Government Guide to Cost-Benefit Analysis guidelines as they apply to regional NSW road and other transport projects. In particular, that the Government consider the following factors in determining the value of projects:

o the benefits to primary sector productivity of areas of high production so that these benefits can be considered as part of transport project justification; o the achievement of social equalisation between rural and urban communities (access to education, health and wellbeing, emergency services and general social connectivity); and o recognition of the additional costs that arise from reactive soil types both for construction and long-term maintenance;

 That Local Government NSW lobbies the NSW Government to modify the present application process for infrastructure grants in favour of direct grants to councils using a similar formula to the Federal Government Assistance Grants (FAGs).

 That the NSW Government allocate some of the proceeds from the sale of Snowy Hydro towards the funding of infrastructure backlog projects that aren’t aligned with grant funding opportunities to assist councils with upgrading and maintaining critical assets such as roads and bridges;

 That the NSW Government be called upon to ensure that 100% of the levy arising from Section 88 of the Protection of the Environment Operations Act 1997 be used for waste infrastructure and programs, predominantly by local government and the waste sector.

Several other motions around waste and recycling issues;

 That Local Government NSW requests the Premier and Deputy Premier to commit to the continuation of the very successful Stronger Country Communities Fund as an ongoing funding program with an equitable per capita funding calculation.

 Several motions regarding advocacy for increased remuneration of councillors and superannuation payments to councillors that would result in financial implications for this Council if successful.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 4

2. NSW COUNTRY MAYORS MEETING 1-2 NOVEMBER 2018

FILE NO: EF18/30

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

AUTHOR: Mayor Tracy Norman

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

DELIVERY PROGRAM: Governance - Advocacy

MOTION:

That the report be received and the information noted.

Precis:

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

************* Dungog Shire General Manager, Coralie Nichols, and I attended the Country Mayors Meeting, held in Parliament House on Friday 2nd November. I also attended a networking dinner the previous evening. Mayors and General Managers from 45 Councils, plus guests, were in attendance.

At the dinner I sat with Parliamentary Secretary for the Hunter, Scot MacDonald, who reiterated his commitment to lobby to the Premier and Deputy Premier on behalf of Dungog Shire Council for a bespoke solution to deal with our infrastructure backlog. He also acknowledged that Dungog Shire Council is being pro-active in its approach to moving towards a pathway of sustainability and that the ask of the community around the Special rates variation was considerable, and he believed that the government needs to contribute now.

The positions of Chairperson, Vice-Chairperson, Secretary/Public Officer and Executive for the coming year were filled as follows:

 Chairperson: Cr Katrina Humphries, Mayor,  Vice Chairperson: Cr Mike Pearce, Council  Secretary/ Public Officer: Mr Lester Rogers, GM Moree Shire Council  Executive: Cr John Seymour, Coolamon; Cr Liz Campbell, Kempsey; Cr Catherine Redding, Narribri; Cr Cathy Sajowitz, Oberon; Cr Peter Petty, Tenterfield; Cr Rowena Abbey, Yass

The fees were to remain unchanged and 2019 meeting dates were set for 8 March, 31 May, 2 August and 1 November.

Minutes of the Country Mayors Association Meetings are attached as Annexure ‘A’.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 5 Of potential relevance to Dungog Shire are matters pertaining to:

1. Funding for a Waste to Energy Feasibility Study 2. The opposition to additional contributions by Local Government Superannuation and to advocate for Local Government Superannuation to operate in line with APRA recommendations. 3. That Ken Gillespie’s NSW Regional Infrastructure Team will finalise its operations in December.

Presentations at Country Mayors Meeting included:

1. Simon Draper, Secretary of Department of Industry 2. Alex Young, Director, Community and Behavioural Change, NSW Environmental Protection Agency 3. David Salisbury, Executive Manager, Engineering, Essential Energy and Ms Julie Briggs, CEO REROC 4. Steven Orr, Premier and Cabinet 5. Cr Linda Scott, President Local Government NSW

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 6

ANNEXURE ‘A’

Country Mayors Association of

Chairperson: Cr Katrina Humphries PO Box 420 Moree NSW 2400 02 6757 3222 ABN 92 803 490 533

AGM MINUTES

ANNUAL GENERAL MEETING

FRIDAY, 2 NOVEMBER 2018, JUBILEE ROOM, PARLIAMENT HOUSE, SYDNEY

The meeting opened at 9.02 a.m.

1. ATTENDANCE: Armidale Regional Council, Cr Simon Murray, Mayor Armidale Regional Council, Mr Susan Law, CEO Council, Cr Kristy McBain, Mayor Council, Cr Brian Monaghan, Mayor Bland Shire Council, Mr Ray Smith, General Manager Council, Cr Scott Ferguson, Mayor Blayney Shire Council, Ms Rebecca Ryan, General Manager Broken Hill City Council, Cr Darriea Turley, Mayor Broken Hill City Council, Mr James Roncon, General Manager Cabonne Shire Council, Cr Kevin Beatty, Mayor Cabonne Shire Council, Mr Stephen Harding, General Manager Council, Cr Peter Laird, Mayor Council, Cr John Seymour, Mayor Coolamon Shire Council, Mr Tony Donoghue, General Manager Council, Cr Allan Karanouh, Mayor Cootamundra-Gundagai Regional Council, Cr Abb McAlister Cootamundra-Gundagai Regional Council, Mr Allen Dwyer, General Manager Council, Cr Bill West, Mayor Cowra Shire Council, Mr Paul Devery, General Manager , Mr Michael McMahon, CEO Dungog Shire Council, Cr Tracy Norman, Mayor Dungog Shire Council, MsCoralie Nichols, General Manager Federation Council, Cr Paul Miegel, Mayor Federation Council, Mr Adrian Butler, General Manager Council, Cr Phyllis Miller, Mayor Forbes Shire Council, Mr Steve Loane, General Manager Glen Innes Shire Council, Cr Carol Sparkes, Mayor Goulburn Mulwaree Council, Cr Bob Kirk, Mayor Goulburn Mulwaree Council, Mr Warrick Bennett, General Manager Griffith City Council, Mr Brett Stonestreet, General Manager Council, Cr John Coulton, Mayor Gwydir Shire Council, Mr Max Eastcott, General Manager , Cr Brian Ingram, Mayor Hilltops Council, Ms Edwina Marks , General Manager Council, Cr Liz Campbell, Mayor

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 7 Kempsey Shire Council, Mr Craig Milburn, General Manager Kiama Municipal Council, Cr Mark Honey, Mayor Kiama Municipal Council, Mr Kerry McMurray, General Manager Council, Cr Paul Maytom , Mayor Leeton Shire Council, Ms Jackie Kruger, General Manager Lithgow City Council, Cr Ray Thompson, Mayor Lithgow City Council, Mr Graeme Faulkner, General Manager Council, Cr Roger Schirmer, Mayor Lockhart Shire Council, Mr Peter Veneris, General Manager Mid-Western/Mudgee Regional Council, Mr Brad Cam, General Manager Moree Plains Shire Council, Cr Katrina Humphries, Mayor Moree Plains Shire Council, Mr Angus Witherby, Director Planning and Community Development Moree Plains Shire Council, Ms Alice Colbran, Support Officer , Cr Ruth McRae, Mayor Murrumbidgee Council, Mr John Scarce, General Manager Council, Cr Catherine Redding, Mayor Narrabri Shire Council, Mr Stewart Todd, General Manager Council, Cr Craig Davies, Mayor Oberon Shire Council, Cr Kathy Sajowitz, Mayor Oberon Shire Council, Mr Garry Wallace, General Manager Council, Cr Ken Keith, Mayor Shellharbour City Council, Cr Marianne Saliba, Mayor , Cr Sue Moore, Mayor Shoalhaven City Council, Cr Amanda Findley, Mayor Snowy Monaro Regional Council, Cr John Rooney, Mayor , Cr James Hayes, Mayor Snowy Valleys Council, Mr Matthew Hyde, General Manager Council, Cr Rick Firman, Mayor Temora Shire Council, Mr Gary Lavelle, General Manager Council, Cr Peter Petty, Mayor Tenterfield Shire Council, Mr Terry Dodds, General Manager Upper Council, Cr John Stafford, Mayor Council, Mr John Bell, General Manager Uralla Shire Council, Cr Michael Pearce, Mayor Wagga Wagga City Council, Cr Greg Conkey, Mayor Walcha Council, Cr Eric Noakes, Mayor Walcha Council, Mr Jack O’Hara, General Manager Council, Cr Denis Todd, Mayor Warrumbungle Shire Council, Mr Roger Bailey, General Manager , Cr Rowena Abbey, Mayor Yass Valley Council, Mr Sharon Hutch, General Manager Mr Ken Gillespie, Regional Infrastructure Coordinator, Premier and Cabinet Mr Nick White, Office Regional Infrastructure Coordinator, Premier and Cabinet Mr Bruce Whitehill, Office Regional Infrastructure Coordinator, Premier and Cabinet Mr Phil Anderson, Office Regional Infrastructure Coordinator, Premier and Cabinet Michael Kninpp, Office Regional Infrastructure Coordinator, Premier and Cabine

APOLOGIES: As read

2. ADOPTION OF MINUTES OF PREVIOUS MEETING:

RESOLVED that the minutes of the Annual General Meeting held on 3 November 2017 be accepted as a true and accurate record (Parkes Shire Council / Lockhart Shire Council).

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 8 3. Chairman’s Report RESOLVED That the Chairman’s report be received and noted (Moree Plains Shire Council (Temora Shire Council)

The Chairperson extended her congratulations to the General Manager of Cabonne Shire Council who after 43 years service in Local Government is retiring

4. Financial Report RESOLVED That the financial reports for the 2017/18 year as tabled be accepted (Lockhart Shire Council / Singleton Council)

5. Returning Officer RESOLVED That the returning Officer for the conduct of the elections be Mr Allan Burgess (Tenterfield Shire Council / Forbes Council) The Chairperson Cr Katrina Humphries Vacated the chair

6. Election of Office Bearers 6.1 Chairperson The Returning Officer advised that he had received only one nominations in writing. Cr Katrina Humphries, Mayor, Moree Plains Shire Council, who was nominated by Kempsey Shire Council and Narrabri Shire Council. The Returning Officer called for any further nominations for the position of Chairperson. No other nominations were received. As there was only one nomination the Returning Officer declared Cr Katrina Humphries elected Chairperson for the 2018/19 year

6.2 Vice Chairperson The Returning Officer advised that he had received one nomination in writing. Cr Michael Pearce, Mayor, Uralla Shire Council who was nominated by Moree Plains Shire Council and Narrabri Shire Council. The Returning Officer called for any further nominations for the position of Vice Chairperson. No other nominations were received. As there was only one nomination the Returning Officer declared Cr Michael Pearce elected Vice Chairperson for the 2018/19 year. The Chairperson Cr Katrina Humphries resumed the chairpersonship

6.3 Secretary/Public Officer RESOLVED That Mr Lester Rodgers General Manager, Moree Plains Shire Council, be appointed Secretary/Public Officer (Coonamble Council / Forbes Shire Council)

6.4 Executive Nominations for the six positions on the Executive were called for. Nominations were received for Cr John Seymour, Coolamon Shire Council, Cr Liz Campbell, Kempsey Shire Council, Cr Catherine Redding, Narrabri Shire Council, Cr Kathy Sajowwitz, , Cr Peter Petty, Tenterfield Shire Council and Cr Rowena Abbey Yass Valley Council RESOLVED That the following delegates be elected to the Executive for the 2018/19 year  Cr John Seymour, Cooloamon Shire Council  Cr Liz Campbell, Kempsey Shire Council  Cr Catherine Redding, Narrabri Shire Council  Cr Kathy Sajowitz, Oberon Council  Cr Peter Petty, Tenterfield Shire Council.  Cr Rowena Abbey, Yass Valley Council (Coonamble Shire Council/Temora Shire Council)

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 9 7. Setting of Annual Membership Fees

RESOLVED That the fees for the 2018/19 year remain at $750 for Councils with a population of 10,000 and over, and Councils with a population of less than 10,000 paying 75% $562.50 (Tenterfield Shire Council / Forbes Shire Council)

8. Secretariat

RESOLVED That Allan Burgess trading as Alkanat Consulting be appointed the Secretariat (Moree Plains Shire Council / Kempsey Shire Council)

9. Meeting dates for 2019 RESOLVED that the meeting dates for 2019 be 8 March, 31 May, 2 August and 1 November (Uralla Shire Council / Yass Valley Council Shire Council)

There being no further business the meeting closed at 9.27 am.

Cr Katrina Humphries Chair – Country Mayor’s Association of NSW

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 10 Country Mayors Association of NEW SOUTH WALES

Chairperson: Cr Katrina Humphries PO Box 420 Moree NSW 2400 02 6757 3222 ABN 92 803 490 533

MINUTES

GENERAL MEETING

FRIDAY, 2 NOVEMBER 2018 JUBILEE ROOM, PARLIAMENT HOUSE, SYDNEY

The meeting opened at 9.27 a.m.

1. ATTENDANCE: Armidale Regional Council, Cr Simon Murray, Mayor Armidale Regional Council, Mr Susan Law, CEO Bega Valley Shire Council, Cr Kristy McBain, Mayor Bland Shire Council, Cr Brian Monaghan, Mayor Bland Shire Council, Mr Ray Smith, General Manager Blayney Shire Council, Cr Scott Ferguson, Mayor Blayney Shire Council, Ms Rebecca Ryan, General Manager Broken Hill City Council, Cr Darriea Turley, Mayor Broken Hill City Council, Mr James Roncon, General Manager Cabonne Shire Council, Cr Kevin Beatty, Mayor Cabonne Shire Council, Mr Stephen Harding, General Manager Carrathool Shire Council, Cr Peter Laird, Mayor Coolamon Shire Council, Cr John Seymour, Mayor Coolamon Shire Council, Mr Tony Donoghue, General Manager Coonamble Shire Council, Cr Allan Karanouh, Mayor Cootamundra-Gundagai Regional Council, Cr Abb McAlister Cootamundra-Gundagai Regional Council, Mr Allen Dwyer, General Manager Cowra Shire Council, Cr Bill West, Mayor Cowra Shire Council, Mr Paul Devery, General Manager Dubbo Regional Council, Mr Michael McMahon, CEO Dungog Shire Council, Cr Tracy Norman, Mayor Dungog Shire Council, Ms Coralie Nichols, General Manager Federation Council, Cr Paul Miegel, Mayor Federation Council, Mr Adrian Butler, General Manager Forbes Shire Council, Cr Phyllis Miller, Mayor Forbes Shire Council, Mr Steve Loane, General Manager Glen Innes Shire Council, Cr Carol Sparkes, Mayor Goulburn Mulwaree Council, Cr Bob Kirk, Mayor Goulburn Mulwaree Council, Mr Warrick Bennett, General Manager Griffith City Council, Mr Brett Stonestreet, General Manager Gwydir Shire Council, Cr John Coulton, Mayor Gwydir Shire Council, Mr Max Eastcott, General Manager Hilltops Council, Cr Brian Ingram, Mayor Hilltops Council, Ms Edwina Marks , General Manager Kempsey Shire Council, Cr Liz Campbell, Mayor Kempsey Shire Council, Mr Craig Milburn, General Manager Kiama Municipal Council, Cr Mark Honey, Mayor Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 11 Kiama Municipal Council, Mr Kerry McMurray, General Manager Leeton Shire Council, Cr Paul Maytom , Mayor Leeton Shire Council, Ms Jackie Kruger, General Manager Lithgow City Council, Cr Ray Thompson, Mayor Lithgow City Council, Mr Graeme Faulkner, General Manager Lockhart Shire Council, Cr Roger Schirmer, Mayor Lockhart Shire Council, Mr Peter Veneris, General Manager Mid-Western/Mudgee Regional Council, Mr Brad Cam, General Manager Moree Plains Shire Council, Cr Katrina Humphries, Mayor Moree Plains Shire Council, Mr Angus Witherby, Director Planning and Community Development Moree Plains Shire Council, Ms Alice Colbran, Support Officer Murrumbidgee Council, Cr Ruth McRae, Mayor Murrumbidgee Council, Mr John Scarce, General Manager Narrabri Shire Council, Cr Catherine Redding, Mayor Narrabri Shire Council, Mr Stewart Todd, General Manager Narromine Shire Council, Cr Craig Davies, Mayor Oberon Shire Council, Cr Kathy Sajowitz, Mayor Oberon Shire Council, Mr Garry Wallace, General Manager Parkes Shire Council, Cr Ken Keith, Mayor Shellharbour City Council, Cr Marianne Saliba, Mayor Singleton Council, Cr Sue Moore, Mayor Shoalhaven City Council, Cr Amanda Findley, Mayor Snowy Monaro Regional Council, Cr John Rooney, Mayor Snowy Valleys Council, Cr James Hayes, Mayor Snowy Valleys Council, Mr Matthew Hyde, General Manager Temora Shire Council, Cr Rick Firman, Mayor Temora Shire Council, Mr Gary Lavelle, General Manager Tenterfield Shire Council, Cr Peter Petty, Mayor Tenterfield Shire Council, Mr Terry Dodds, General Manager Upper Lachlan Shire Council, Cr John Stafford, Mayor Upper Lachlan Shire Council, Mr John Bell, General Manager Uralla Shire Council, Cr Michael Pearce, Mayor Wagga Wagga City Council, Cr Greg Conkey, Mayor Walcha Council, Cr Eric Noakes, Mayor Walcha Council, Mr Jack O’Hara, General Manager Warrumbungle Shire Council, Cr Denis Todd, Mayor Warrumbungle Shire Council, Mr Roger Bailey, General Manager Yass Valley Council, Cr Rowena Abbey, Mayor Yass Valley Council, Mr Sharon Hutch, General Manager Mr Ken Gillespie, Regional Infrastructure Coordinator, Premier and Cabinet Mr Nick White, Office Regional Infrastructure Coordinator, Premier and Cabinet Mr Bruce Whitehill, Office Regional Infrastructure Coordinator, Premier and Cabinet Mr Phil Anderson, Office Regional Infrastructure Coordinator, Premier and Cabinet Michael Kninpp, Office Regional Infrastructure Coordinator, Premier and Cabinet

APOLOGIES:

As submitted

SPECIAL GUESTS: Mr Simon Draper, Secretary, Department of Industry Mr Alex Young, Director, Community and Behavioural Change, NSW Environment Protection Authority Mr David Salisbury, Executive Manager Engineering, Essential Energy and Ms Julie Briggs, REROC, CEO Cr Linda Scott, President, Local Government NSW

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 12 2. Adoption Of Minutes Of Previous Meeting: RESOLVED that the minutes of the General Meeting held on 3 August 2018 be accepted as a true and accurate record (Uralla Shire Council / Tenterfield Shire Council).

3. Matters Arising from the Minutes NIL

4. Correspondence Outward (a) Cr Kevin Beatty, Mayor , advising that Cabonne Council has been admitted as a member of the Association (b) To Joint Organisations requesting support to Tenterfield Shire Council and the New England Joint Organisation Re Waste to Energy (c) Mr ken Gillespie, Regional Infrastructure Coordinator, NSW Premier and Cabinet requesting him to facilitate a meeting to discuss the challenges and issues in securing feed funding to undertake a study into Waste into Energy (d) Cr Linda Scott, President, Local Government NSW, regarding Board membership of Local Government Super (e) Mr David Smith, Chief Executive Officer, Local Government Super, requesting that the Association be advised of the Boards decision regarding future contributions under the Defined Benefits and retirement Fund as early as possible (f) The Hon John Barilaro, MP, Deputy Premier, Minister for Regional New South Wales, Minister for Skills and Minister for Small Business thanking him for his presentation to the 3 August meeting (g) The Hon Gladys Berejiklian, MP, Premier, thanking her for her presentation to the 3 August meeting and advising her of the presentation by Tenterfield Shire Council on Waste to Energy and our request to Ken Gillespie to facilitate a meeting (h) Cr Peter Petty, Mayor, Tenterfield Shire Council, advising him of the Associations decisions regarding Waste to Energy and that the Premier had been provided with a copy of Terry Dodds presentation (i) Mr Terry Dodds, Chief Executive Officer, Tenterfield Shire Council, advising him of the Associations resolutions regarding Waste to Energy

Inward (a) Mr David Smith, Chief Executive Officer, Local Government Super, regarding additional contributions (b) Hon Gladys Berejiklian, MP, Premier, thanking the Association for its letter regarding Waste to Energy (c) JIM Modrouvanos, A/Executive Director, Transport for NSW, regarding the Associations submission and the NSW Freight and Ports Plan 2018-2023 NOTED

5. Financial Report RESOLVED That the financial reports for the last quarter were tabled and accepted (Dungog Shire Council / Coonamble Shire Council)

6. County Council Membership RESOLVED That membership of the Country Mayors Association by County Councils be referred to the next meeting of the Association (Bland Shire Council / Blayney Shire Council)

7. Waste to Energy RESOLVED that the Association write to NSW Councils requesting a maximum contribution of $15000 to fund the Waste to Energy Feasibility Study at a local scale that is to be subject to a pro rata redistribution rebate subject to the amount collected (Parkes Shire Council /Forbes Shire Council) Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 13 RESOLVED That the Association write to the Minister for the Environment requesting that Local Government be included in the EPA’s review of their Waste to Energy Policy (Goulburn Mulwaree Council / Bega Valley Shire Council)

8. Simon Draper, Secretary, Department of Industry The Department of Industry is responsible to five Ministers, and eleven portfolios and has a multitude of functions such as industry, primary industry, water, skills vocational education and TAFE. 99% of the State is currently impacted by drought in some way or another depending on criteria such as rainfall, soil, moisture and pasture growth. The drought fund has been increased to $600 million plus $500 million has be made available for relief packages such as transport subsidies, cost of living waivers and community health. The Government has received 35,000 applications. Water usage per connection has halved and 400,000 more people have access to water and sewerage programs. A specialist team has been established to work with local Government to solve critical water security issues. A draft policy is being developed on water metering “No Meter No Pump”. The Governments objective was to create 150,000 new jobs over 4 years but 360,000 jobs have been created More jobs were created in NSW country areas than Victoria, South Australia and Queensland country areas combined. There is a skills and relocation package of $10,000 available and $320 million low interest or no interest loans are available. Business Connect provides advice to small business.

9. Alex Young, Director, Community and Behavioural Change, NSW Environment Protection Authority The purpose of the Container Deposit Scheme is to reduce drink container litter in NSW. the goal is to reduce litter by 40% by 2020. Material and Financial flows from suppliers to recyclers and network operators to the collection points. Total collection since the start last December is 864 million, average daily rate 3.38 million and highest daily rate 4.89 million. There are 688 collection points with 80.2% collected through vending machines. The aim is to provide collection point to all towns with a population of 500 or more. There have been some increases in beverage prices eg beer 4.5c, soft drinks 10.4c, water 10c and fruit juice 4.8c. There is high community support 91% and public awareness was 93%. So far $50 Million has been paid out.

10. David Salisbury, Executive Manager Engineering, Essential Energy Ms Julie Briggs CEO, REROC Essential Energy looks after 1.38 million power poles, 840,000 customers, covers 95% of NSW ie 737,000 square kilometres of rural network and 183, 612 kilometres of overhead power lines. The role of Essential Energy is distribution and distribution costs are 37% of electricity costs. There are 163,000 street lights in 83 council areas. Southern Light a Local Government ROC’s project in southern NSW has a crucial role in promoting the Street Smart Lighting opportunity and has examined the costs of street lighting to LED to save costs. There is an opportunity to create a State solution to connect to LED and smart solution. Traditional lighting to LED to connected luminate to small pole as hub of services. These solutions can be applied to other opportunities in tourism, agriculture, mining and transport. The next step is to obtain a funding decision from the NSW Government.

11. Mr Steve Orr, Premier and Cabinet Mr Orr advised that Ken Gillespie and his Regional Infrastructure team would finalise their operations in December with the State election to be held in March 2019. A Department of Premier and Cabinet Regional Team will be formed and with this restructure in the Premiers Department regional NSW will be given a stronger presence with bigger teams to work with regional NSW

12. Cr Linda Scott, President, Local Government NSW LGNSW will change dates of their Board meetings so that they do not clash with country Mayors meeting dates. The Annual conference was a success. LGNSW launched the Local Government Drought Fund in Forbes The billion $ Safe and Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 14 Secure Water Program red tape removal is welcomed. It was pleasing to get the message to Conference from the Government and Opposition that “No one size fits all”. Cost Shifting Report was released in Bellingen this week. LGNSW as one organization is working well. LGNSW is currently recruiting for a new Chief Executive. LGNSW has changed the way appointments are made to Boards.

13. 8 March 2019 Meeting RESOLVED That Country Mayors Association in conjunction with LGNSW arrange a question and answer session on the 8 March 2019 at Parliament House between the leaders of the major NSW Political Parties and the Mayors and General Managers of NSW Councils (Coonamble Shire Council / Blayney Shire Council)

14. Street Smart Lighting RESOLVED That the Association write to the Premier and the Opposition Leader expressing support of the Street Smart Lighting program developed by Essential Energy and ROC’s in southern NSW and request that financial support be provided to allow the project to proceed (Shellharbour City Council / Bland Shire Council)

15. Local Government Superannuation A MOTION WAS MOVED 1. “That Country Mayors Association express its concerns to Local Government Superannuation (LGS) at the continuous demand on all Councils in NSW for additional contributions which often exceeds more than 1% of Councils general rate take beyond the normal percentage on superable salary for the Defined Benefit Plan (DPB). 2.That Local Government Superannuation be requested to undertake an independent audit on the investment strategy to give confidence to stakeholders that the returns on superannuation funds are appropriate to the risk portfolio. 3. Country Mayors Association requests that Local Government Superannuation to cease the additional contributions on the defined benefit plan immediately as the assets associated with the scheme now exceed the liabilities 4. That Country Mayors' Association requests that LGNSW ensure Industry applicants for any external Board positions be apolitical and not members of any political parties or political organisations. 5.That Country Mayors' Association requests Local Government Superannuation to amend its constitution immediately to reflect the APRA recommendation that the Board be made up of three union representatives, three industry representatives and three independent representatives with the chair coming from the independents.” (Goulburn Mulwaree/ Bega Valley Shire Council) CARRIED ON THE CASTING VOTE OF THE CHAIRPERSON 16. Regional Infrastructure Office RESOLVED That the Association write to Ken Gillespie thanking him and his team for the support and assistance given to Country Mayors (Moree Plains Shire Council / Temora Shire Council) There being no further business the meeting closed at 1.02pmpm.

Cr Katrina Humphries Chair – Country Mayor’s Association of NSW

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 15

3. SAVE OUR RECYCLING CAMPAIGN

FILE NO: EF07/60

ANNEXURES: Nil

AUTHOR: Mayor Tracy Norman

COMMUNITY STRATEGIC Natural Environment PLAN: Strategy 3: Support and manage the responsible use of resources including the minimisation of waste and the promotion DELIVERY PROGRAM: of recycling practices in homes, work places, development sites and public places.

MOTION:

1. That Council endorse Local Government NSW’s campaign, Save Our Recycling, to realise the reinvestment of a 100% of the Waste Levy collected each year by the NSW Government in waste minimisation, recycling and resource recovery.

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

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

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

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

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

Precis:

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

************* I am calling on Councillors to support Local Government NSW in its advocacy to all those contesting the State election to reinvest 100% of the waste levy collected each year into waste management, recycling and resource recovery in NSW. Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 16

The Protection of the Environment Operations Act 1997 (POEO Act) requires certain licensed waste facilities in NSW to pay a contribution to the NSW Government for each tonne of waste received at the facility. Referred to as the 'waste levy', the contribution aims to reduce the amount of waste being landfilled and promote recycling and resource recovery. The waste levy applies in the regulated area of NSW which comprises the Sydney metropolitan area, the Illawarra and Hunter regions, the central and north coast local government areas to the Queensland border as well as the Blue Mountains, Wingecarribee and Wollondilly local government areas.

In 2016/17, the NSW Government collected $726 million from local government, community, businesses and industry via the waste levy, but only committed to use $72 million through its Waste Less Recycle More initiative – or 10% - on waste minimisation and recycling in 2017- 18. Overall the NSW Government’s Waste Less Recycle More initiative allocates $801 million over 8 years (2013-2021) to waste and recycling, however the waste levy collected over that same period will be over $4.62 billion.

At a local government level, just 18% of the $300 million collected from the local government sector each year is reinvested in recycling and waste management.

Dungog Council paid $326,000 in waste levy in financial years 2017-18, while Council received $57,000 in contestable / non-contestable funding over the same period to assist the council with waste management and recycling infrastructure, programs and education.

Regardless of how you look at it, the principle remains the same – very little of the waste levy is currently used to support waste minimisation, recycling and resource recovery. The remainder is returned to NSW Government’s consolidated revenue.

The reinvestment of the waste levy to support waste and resource recovery infrastructure, develop markets and innovative solutions, and undertake other initiatives to encourage reuse and recycling also offers wide-ranging benefits to our communities right across NSW. There is the potential for economic growth, new infrastructure, new technology and new jobs, particularly in our regional areas.

It should be noted that the following motion was unanimously endorsed at the Local Government NSW 2018 Conference:

That the NSW Government be called upon to ensure that 100% of the levy arising from Section 88 of the Protection of the Environment Operations Act 1997 be used for waste infrastructure and programs, predominantly by local government and the waste sector, for initiatives such as:

 Development of regional and region-specific solutions for sustainable waste management (e.g. soft plastic recycling facilities, green waste, waste to energy).  Support innovative solutions to reduce waste and waste transport requirements.  Protect existing and identify new waste management locations.  Local community waste recovery and repair facilities.  Funding a wider range of sustainability initiatives, such as marketing and strategies that promote and support a circular economy.

This motion covered motions proposed by (Resource recovery locations); Central Coast Council (Waste levy revenues); Cessnock City Council (Recycling crisis - funding support); (Revenue raised by the waste levy); Federation Council (Waste resource); Gwydir Shire Council (Tyre recycling); Council (Increase in grant funding for waste levy program); Leeton Shire Council (Increase of waste levy distribution); and Shoalhaven City Council (POEO Levies). Related motions were also submitted by Council (Recycled products and procurement); Lake Macquarie Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 17 Council (Support for recyclate end markets, reusable, recyclable or compostable packaging); and Orange City Council (Waste management).

As previously noted, this is not a party-political issue: the advocacy initiative calls on all parties and candidates to commit to the 100% hypothecation of the Waste Levy to the purpose for which it is collected.

I am recommending that we support this campaign by the NSW local government sector and Local Government NSW and call on all political parties to commit to the reinvestment of 100% of the Waste Levy collected each year by the NSW Government into waste management, recycling and resource recovery.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 18 PLANNING DEPARTMENT

1. DEVELOPMENT APPLICATION – 106/2018

FILE NO: DA 106/2018

A Conditions B Plans ANNEXURES: C 4.15 Assessment D Submissions

AUTHOR: Independent Planning Consultant

APPLICANT: Dungog Shire Council

OWNER: Dungog Shire Council Demolition of existing toilet block & erection of new toilet block & PROPOSAL: barbecue shelter Location of amenities building & barbecue shelter within Park; ISSUES: Potential heritage impacts onto nearby staddle and hearse buildings; Flooding constraints. Lot 350 DP 591527 & Lot 6 DP 758830 No. 17 Maitland Road & 30 LOCATION: Queen Street Paterson

ZONE: RE1 Public Recreation

OFFICERS RECOMMENDATION:

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

Precis:

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

******** The proposal is permissible with the consent of Council pursuant to Dungog Local Environmental Plan (LEP) 2014. The development application was notified to adjoining land owners and three (3) submissions have been received by Council.

An independent consultant has undertaken a thorough assessment of the DA in accordance with the provisions of the Environmental Planning and Assessment Act, 1979 (EP&A Act) and reviewed all submissions in respect to this development application. The independent consultant was engaged to ensure that no conflicts of interest arose in the processing of this application It is recommended that Council grants consent for this development proposal subject to attachment of appropriate conditions. Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 19 BACKGROUND

A public information session was held at Paterson on 14 June 2018 to inform the local community of John Tucker Park improvements and comments provided by residents were taken into consideration by Council officers during finalisation of the plans prior to lodgement of this development application to Council.

The existing toilet block located within John Tucker Park was approved by Council in December 1992 pursuant to BA 247/92. This toilet block is located to the north east of the development site adjacent to the bitumen road traversing the park.

SUBJECT SITE

The subject land comprises two allotments known as Lot 350 DP 591527 No. 17 Maitland Road and Lot 6 DP 758830 No. 30 Queen Street Paterson.

The subject site is of an irregular shape with an area of approximately 2.14 hectares, being located along the eastern side of Maitland Road with Prince Street bisecting the two lots in an east west direction. Prince Street to the east of Maitland Road is unformed and then becomes a bitumen roadway connecting with Queen Street at the eastern boundary of Lot 6. The forms the eastern boundary of the site. Refer to Figure 1 below for further details.

John Tucker Park is described as a relatively large park along the western bank of the Paterson River. The land slopes away from Maitland Road and then to the east of the bitumen roadway becomes a relatively large flat grassed and treed area. Tree planting has occurred within the southern section of the park and between the internal roadways of the park. A row of trees is located along the Maitland Road frontage of the site.

An existing children’s playground area is located between the two internal roads of the park with an existing amenities building adjacent to the bitumen roadway leading through the parklands to Queen Street. The hearse shed and corn staddle buildings are positioned between the Maitland Road frontage of the site and an internal Park access road. Vehicular access to the Park is available off Maitland Road at its southern end connecting with an internal road network that connects to Queen Street in the north.

Subject Site

Figure 1: Locality of Subject Site

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 20 The development site is located within the north western corner of John Tucker Park to the north of the Staddle building on a grassed downslope adjacent to an internal bitumen road. An existing silky oak tree will need to be removed to allow for the erection of these structures. Refer to Photograph 1 below for further details.

Development site

Photograph 1: View of development site and corn Staddle building

PROPOSAL

The development proposal involves the demolition of the existing toilet building within the park, decommissioning of an existing septic system, erection of unisex amenities building and shelter with electric barbecues and provision of two disabled spaces to the east of these facilities.

The specific details of the proposal are as follows:

 The existing toilet building on site will be demolished by a licenced contractor and materials taken away from the site to a licenced waste facility or recycled where possible. The existing concrete slab will remain on site for future possible reuse;  Existing septic tanks will be decommissioned;  Erection of a single storey amenities building having dimensions of 6.14 x 11.02 metres comprising six (6) unisex toilets, two (2) ambulant toilets and one (1) disabled toilet with baby change table that will be fully enclosed and four (4) wash basins within an open covered area. The building will be constructed of brick to match the nearby hearse building with timber gables and corrugated zincalume roof;  Erection of a single storey shelter with dimensions of 10 x 5 metres comprising brick side walls with timber poles and corrugated zincalume roof and installation of four(4) barbecues, two (2) aluminium benches and sink;  Stairs and concrete ramp will be provided from the adjacent bitumen road and from Maitland Road;  Provision of two (2) disabled car parking spaces along the eastern side of the bitumen road;  Installation of two septic tanks to the north east of the amenities building; and  A retaining wall being of variable height from 200mm to 600mm is to be erected to the rear of these structures.

A copy of the plans is attached at Annexure ‘B’.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 21 STATUTORY CONSIDERATIONS

Section 4.15(1) of the Environmental Planning and Assessment Act (EP&A) stipulates key heads of consideration for the assessment of development applications. The application has been assessed against the relevant heads of consideration (refer to Annexure ‘C’). The main considerations are addressed as follows:

Provisions of any environmental planning instrument.

State Environmental Planning Instruments

The application has been assessed under the following relevant SEPP’s:

State Environmental Planning Policy No. 44 – Koala Habitat The subject site has an area of over 1.0ha and therefore this policy applies to the subject land.

The subject site does not contain more than 15% of koala feed tree species listed in Schedule 2 of SEPP No.44. Therefore the site does not constitute a potential koala habitat and no further investigations are necessary. Furthermore only one tree (i.e. silky oak) will be removed for erection of these structures.

State Environmental Planning Policy No. 55 - Remediation of Land (SEPP 55) State Environmental Planning Policy No. 55 - Remediation of Land (SEPP 55) provides planning guidelines for remediation of contaminated land. SEPP 55 requires that remediation works must be carried out in accordance with a Remediation Action Plan (RAP) as approved by the consent authority and any guidelines enforced under the Contaminated Land Management Act 1997.

The site has not been used in the past for activities which could have potentially contaminated the site, although some fill may have been used for creation of parklands. The erection of the amenities building and shelter will involve some excavation of the soils on site. Any waste materials including soils will be reused on site or alternatively disposed of at an approved landfill site in accordance with relevant EPA guidelines and this will be conditioned.

Local Environmental Planning Instruments

Dungog Local Environmental Plan 2014 The subject site is zoned RE1 Public Recreation under Dungog LEP 2014.

The objectives of the zone are:

 To enable land to be used for public open space or recreational purposes.  To provide a range of recreational settings and activities and compatible land uses.  To protect and enhance the natural environment for recreational purposes.

The proposal is consistent with the above objectives of the zone as the proposal involves replacing and providing facilities that are used in association with recreational activities.

A recreation area within Dungog Local Environmental Plan 2014 is defined as: recreation area means a place used for outdoor recreation that is normally open to the public, and includes: (a) a children’s playground, or (b) an area used for community sporting activities, or (c) a public park, reserve or garden or the like,

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 22 and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).

The proposal falls within this definition as John Tucker Park is an existing public park and the proposal involves providing two structures to be used in association with recreation activities at the park.

Other clauses of relevance within Dungog LEP 2014 include:

A. Clause 5.10 Heritage Conservation The objectives of this clause are to conserve the environmental heritage of Dungog and the heritage significance of specific listed heritage items and heritage conservation areas, including associated fabric, settings and views.

The proposal is considered to be consistent with the above objectives as the proposal will not adversely impact onto the heritage significance of the existing fig trees along Maitland Road given the separation to the development site and the fact that the barbecue shelter and the amenities building have been designed to be complimentary to the adjacent corn staddle building.

Two heritage items are listed in the vicinity of the subject site being:  I153 – Fig trees along Maitland Road;  I121 – Corn Staddle – Tucker Park

Both these items are listed as heritage items of local significance. The subject site is also located within the Paterson Heritage Conservation Area.

The corn staddle was constructed by Fry’s Coaching Enterprise operating from the 1860’s until 1911 and was used to store grain for the coach horses servicing their operation. Subsequently this building was restored in 1990 under a Heritage Assistance Program. Also located within the Park fronting Maitland Road to the south west of the staddle building is a hearse shed being of brick construction. This building is not listed as a heritage item under Dungog LEP 2014 however is a contributory element to the historical values of the Park. Refer to Photograph 2 below for further details.

Photograph 2: View of Corn Staddle building & Hearse Shed

There are also a number of heritage items surrounding the site with the closest being described as:  I125 – Former rectory – 13 Duke Street – to north of the site;  I126 – Former commercial hotel – 25 Prince Street – west of the Park.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 23 An archaeological site is located to the north east of the site adjacent to the Paterson River. This site is well separated from the development site and excavation is not likely to impact onto this site. Review of the AHIMS did not locate any recorded items of Aboriginal heritage within 200m of John Tucker Park. Therefore no further investigations are considered necessary.

However the Heritage consultant has recommended the following measures be implemented to address any potential subsurface or previous unknown heritage items within the construction area:

1) If potential historical archaeological deposits are encountered during excavation on the site, stop work and contact a suitably qualified archaeologist for assessment and advice; 2) If Aboriginal cultural objects are encountered during excavation, stop work and contact the Environment line 131555; 3) If a potential human burial is encountered during excavation stop work and contact NSW Police.

These requirements will be attached as conditions to any development consent issued for the proposed development.

Sub clause 4 requires the consent authority to consider “the effect of the proposed development on the heritage significance of the item or area concerned. “

In this case a Heritage Impact Statement has been prepared by Insite Heritage Pty Ltd, heritage consultants and accompanies this application that assesses the potential heritage impacts.

The consultant states that:  The new buildings will be set back slightly into the slope which will keep the roof height down below that of the corn staddle;  The amenities building will utilise matching materials as close as possible to existing buildings and brick work will be laid in a pattern reflecting the pattern in the hearse shed. The gable ends of the building will be hard wood slats to reflect the corn staddle structure. A portico over the east side entrance will use 200mm poles as in the corn staddle;  The barbecue facility has been designed to complement the existing structures by reflecting elements of their built character within the proposed facility. This facility will utilise structural round poles reminiscent of the corn staddle and brick work pattern will reflect the hearse shed;  The construction of the barbecue shelter and amenities building will enhance the visitor experience for the public visiting the park. The ramp at the rear of the barbecue will enable disabled access to the exterior of the staddle;  The facilities will enhance interpretation opportunities of the heritage item;  The design and selection of materials of the proposed structures complement the existing structures to minimise visual impacts whilst being clearly discernible from the original fabric;  The proposed barbecue shelter will reduce the view curtilage to the staddle from the north and east. However the positioning of this structure has been dictated by using land above the 10m contour due to flooding of the surrounding parklands. The height of this structure has been contained to the eave level of the nearby staddle structure to minimise visual impacts and distortion to the scale of the staddle; and  The proposed facilities are located within the curtilage of the staddle, however to not construct would impact on the public amenity of the park and would not enhance public appreciation of the heritage item.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 24 There are limited opportunities within this Park for construction of a new amenities building and associated recreation facilities due to flooding constraints. The site selected is in close proximity to the heritage listed item known as the corn staddle building. Whilst some minor heritage conflicts are envisaged, co existence of cultural values should be recognised and respected where conflict occurs such as in the case of John Tucker Park. The proposed facilities are within the curtilage of the staddle; however non construction of such facilities would adversely impact on the public amenity of the Park. In this case the structures have been designed to be compatible with corn staddle being readily identifiable within the park setting with minimal impact. Consequently the heritage significance of this nearby heritage item or the surrounding heritage conversation area will not be adversely compromised and hence can be supported on heritage grounds.

B. Clause 6.1 Acid Sulfate Soils The proposed amenities building and barbecue shelter are to be positioned in an area identified as Class 5 and adjacent to Class 4.

As some excavation of the site will be required for the erection of these structures a condition will be attached to any development consent that an acid sulfate management plan be prepared prior to works commencing on site given the proximity of Class 4 in this case and be submitted with the Construction Certificate. This will be conditioned accordingly.

C. Clause 6.2 Earthworks Some earthworks involving both minor cut and filling of the site will be necessary for the erection of these structures and associated ramps, stairs, retaining wall and disabled parking spaces. A sediment and erosion plan will need to be submitted and approved prior to the issuing of a Construction Certificate and appropriate measures implemented during the construction phase to ensure minimal impacts occur onto the surrounding parklands including the Paterson River. This will be conditioned accordingly.

D. Clause 6.3 Flood Planning The subject site is identified upon the flood planning map of Dungog LEP 2014 as being flood prone.

The objectives of this clause are:  to minimise the flood risk to life and property associated with the use of land;  to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change; and  to avoid significant adverse impacts on flood behaviour and the environment.

The proposal is considered to be consistent with these above objectives as the proposed facilities are non habitable, replacing existing facilities within the Park that are located lower on the floodplain and will be constructed to withstand flooding events within this locality.

Sub clause (3) states that development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development: (a) is compatible with the flood hazard of the land, and (b) will not significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and (c) incorporates appropriate measures to manage risk to life from flood, and (d) will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 25 (e) is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

The amenities building and shelter with a finished floor level (FFL) of 10.9m RL will be 0.25m below the 5% AEP event. Notwithstanding this minor non compliance with DCP requirements the proposed structures are to be located within the highest western part of the Park replacing an existing facility which is at a much lower RL. The placing of additional fill below these structures is not considered desirable as it would elevate the structures above the staddle building which may negatively impact onto the adjoining heritage listed building.

The following comments are made in response to the above sub clause 3):

a) The proposed structures are non habitable and suitably located within the highest western edge of John Tucker Park; b) The finished floor level is only slightly below (i.e. 0.25m) the applicable identified flood level of this locality; c) The proposal is not likely to significantly affect the flood behaviour within this locality given that there are few other structures and the design and scale of this development; d) The incorporation of pedestrian ramps and stairs provide ready access from these facilities to Maitland Road which is above this identified flood level and provides vehicular access out of the area. The facilities are unlikely to be used during times of flooding by the community; e) The structures are not likely to affect the surrounding environment or cause destruction to the nearby Paterson River. Both structures are of an open style allowing flood waters to flow through the structures; f) The buildings will be designed to withstand potential flood waters and a condition will be imposed that a structural engineer’s certificate be provided certifying the building can withstand flood waters. This will minimise economic costs of the any repairs, etc. to the building and the community. The social benefits of provision of an updated amenities building and barbecue shelter for the community also need to be recognised as being a positive benefit.

E. Clause 6.6 Riparian land and watercourses The eastern boundary of the subject site is located adjacent to the Paterson River which is identified as a watercourse upon the Riparian land and watercourse map of Dungog LEP 2014. This clause does not strictly apply to this development proposal as the watercourse (Paterson River) is significantly (i.e. 142m) more than 40m from the proposed amenities building and barbecue shelter. Consequently the proposal will not adversely affect the riparian corridor or the water quality or flows of the river given separation distances and installation of an appropriate waste water system.

Provision of any draft environmental planning instrument

There are no draft instruments applying to this site.

Any development control plan

Dungog Development Control Plan No.1

Dungog Development Control Plan No.1 (DCP No.1) complements Dungog LEP 2014 and sets out Council’s policies in respect of certain types of development within the Shire, together with detailed guidelines intended to assist in achieving the aims and objectives of Dungog LEP 2014.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 26 The relevant sections of DCP No.1 are listed below:

Part C – General . Section C3 – Building Line Setbacks; . Section C5 – Bushfire; . Section C8 – Managing our Floodplains; . Section C17 – Heritage; . Section C20 – Off Street parking; and . Section C23 –Onsite Sewage Management;

A detailed assessment of the proposal has been undertaken in respect to each of the above sections of DCP No.1 and an outline of how this development proposal satisfies each relevant section of the DCP is provided within Annexure ‘C’.

The following comments are provided for Council’s consideration:

Section C3 – Building Line Setbacks There are no specific building line setbacks within the DCP applying to land zoned RE1 Public Recreation. The covered barbecue shelter is setback 25m from the bitumen of Maitland Road with the amenities building over 25m. The amenities building has been setback 21m from the adjoining property to the north. Consequently the proposed structures are well setback from both Maitland Road and the adjoining property to the north and considered acceptable in this case.

Section C5 - Bushfire The subject site is identified as being bush fire land upon Council’s bushfire mapping. The development proposal involves the erection of two structures which are non habitable structures and is not listed as residential, rural residential, rural subdivision or special fire protection purpose developments. Therefore the application was not required to be forwarded to the NSW Rural Fire Services under Section 100B of the Rural Fires Act 1997. The structures are to be located on a down slope with existing residential development located to the north and west of the Park with parklands to the south and east. The area surrounding the structures is generally cleared of existing trees providing an inner protection area. Water and electricity services will be provided to the structures and can be used in the case of a bush fire emergency Also existing bitumen roads provide ready access out of the Park with stairs and ramp providing pedestrian access to Maitland Road. Therefore adequate bushfire measures will be available to safe guard against any potential threats.

Section C8 – Managing our Floodplains; The development is identified to be of a land use category - Recreation area and minor ancillary structures (toilets blocks and kiosks) and will be located within the flood fringe being part of flood planning area being outside of the floodway and between the Flood Planning Level and the High Hazard area.

The proposal has been assessed with Section 8.6.2 Performance Criteria and Schedule 2 requirements and found to satisfy the criteria and requirements in that:

 The structure is non habitable;  Will not increase risk of human life;  The structures will be constructed of compatible flood materials;  The development proposal will not adversely impact onto downstream properties;  A structural engineers certificate will be required at Construction Certificate stage;  Evacuation of this section of the Park is readily available via existing sealed roads with proposed pedestrian ramps and stairs available to Maitland Road; and  New septic tanks and upgraded sewer facilities will minimise any potential pollution impacts.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 27

Section 17 – Heritage As previously outlined, the subject site is an item of environmental heritage pursuant to Dungog LEP 2014. The proposal has been designed to respect the heritage values of the corn staddle building within the Park being adjacent to this development proposal and complies with the principles of the Burra Charter by complimenting the heritage values. Also the proposed structures are considered appropriate for this heritage setting as:  The roof height of the structures is lower than the corn staddle structure;  The new structures will incorporate details of this staddle in terms of architectural features to be incorporated into the design, materials, etc. and hence will be sympathetic and complimentary with the staddle and hearse building; and  New structures will be readily identifiable from existing structures within the Park.

Section C20 – Off Street parking The purpose of this section of the DCP is to outline parking requirements for specific land uses. As no requirements are outlined for land uses such as an amenities building and barbecue structure a merit assessment is considered to be appropriate. It is noted that the proposal involves no new land uses within the park rather replacement of an existing toilet building. Furthermore two (2) disabled car parking spaces will be provided for the new amenities building along the eastern side of the bitumen road which will be readily accessible and not impact on other park uses. This is considered sufficient as no formal car parking facilities are currently available within John Tucker Park. Sufficient informal car parking spaces are available within the Park for users of the Park including these replacement facilities. Disabled parking spaces will need to be designed to comply with relevant AS 2890.6 and AS 1428.1 and the BCA and this will be conditioned accordingly.

The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

The key environmental issues associated with the erection of an amenities building and barbecue shelter are addressed below:

Stormwater Indicative plans accompanying this development application indicate that appropriate stormwater facilities can be installed on site to capture runoff from both these structures and direct it to a seepage pit to the south east of the disabled parking spaces. A condition will be attached to any development proposal that a detailed drainage plan be provided to Council for approval prior to the issue of a construction certificate.

Safety and Security The proposed amenities building has been designed to be of an open style with hand washing facilities positioned in the open section which will be readily visible and follows safety by design principles providing good surveillance of this facility. Whilst some lighting is to be installed to increase safety, no light spillage is anticipated to occur onto any adjoining properties.

The structures have been positioned within this Park to be visible from Maitland Road as well as from within the Park itself thereby contributing to increased safety.

The suitability of the site for the development

The site is zoned RE1 Public Recreation and the proposed facilities are typically found within recreation areas. Provided that any adverse effects on adjoining properties and parklands are minimised, this site is considered suitable to accommodate the replacement amenities building and a covered barbecue shelter providing improved facilities for users of the park and reducing maintenance costs for Council.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 28 Any submissions made in accordance with this Act or the regulations

The development application was notified to all adjoining landowners in accordance with Council’s policy.

Three (3) submissions were received by Council objecting to the development proposal.

A summary of the issues raised within these submissions is contained within a table below prepared by the Assessment Planner including a response to the issues. A copy of all the submissions received is contained in Annexure ‘D’.

Submission Issue Response No. 1 Whether it is wise to position the BBQ Facilities have been positioned within so close to the toilet block one of the highest western parts of the park given flooding constraints and it is appropriate to locate these types of facilities within close proximity for convenience and safety purposes. No health and odour issues are likely to occur. 1 Poor decision to align two structures A Heritage Impact Statement directly alongside an historical prepared by a recognised heritage landmark as the Corn Staddle. These consultant accompanies this are beautiful structures and deserve to application. This matter has been standalone away from modern discussed in detail in another section structures. of the report. The consultant contends that the proposed structures have been located within the curtilage of the corn staddle, however their design is complimentary with the corn staddle and does not detract from its interpretation and appreciation as an heritage item. 1 Cooking, eating & enjoying meals so The proximity of the two structures is close to the toilet block is considered acceptable. The unacceptable. community can select to use this shelter or opt for barbecue facilities within another section of the Park. 2 Serious loss of amenity and impact on The amenities building has been our lifestyle due to increased anti designed to be of an open style to social behaviour, traffic, noise and discourage anti social behaviour. intrusive social activities. The amenities building has been located approx. 21 m to the south of the nearest residential property and hence minimal amenity impacts are likely to result in terms of increased noise, privacy, etc. The proposed car park has been deleted from the application and traffic will be confined to the existing roadways through the Park. 2 New siting is at odds within an historic The proposed buildings have been precinct of John Tucker Park and designed to complement the existing heritage listed buildings. corn staddle and hearse building on site and will be clearly identifiable on site as new structures for community use. 2 No architectural connection between The heritage consultant contends that modern brick box and full timber the structures have been designed historic Corn Staddle. The proposal including use of appropriate materials facility has no scrap of architectural to sit comfortably within the curtilage merit. of this heritage building. Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

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2 Nearby hearse shed cannot be The structures have not been replicated by modern utilitarian designed to replicate the hearse shed toilet/amenity facility. but to be sympathetic with the existing structure. 2 Materials, methods of construction and A local architect with heritage design cannot in any way complement experience has been involved in the this precinct. design of these structures and the heritage consultant states that the structures are of a suitable design and materials for this locality and will enhance the use of the Park. 2 Costs associated with flood repairs has Council has received a State not been fully researched & Government grant to improve these alternatives explored. facilities within the Park and the funds can only be used for this purpose. 2 New proposal alters the open space & The structures have been positioned dynamics of the park. Shifts activities above the 10m contour given flooding closer to the main road. constraints and in a section that is underutilised. Other shelters, play equipment and large open space areas will remain unchanged and located well away from Maitland Road. 2 Focal point becomes the new toilet The amenities building is a block and will reduce picnicking away replacement facility within this large from passive open space areas. Park. Picnicking can still continue closer to the river and in other passive areas of the Park. 2 Parking will be at a premium with such The provision of additional car parking limited number of spaces. facilities has been deleted from this application and will be considered under a separate application. 2, 3 Parents will have to be more vigilant as The toilet block will be located over the toilet block and amenities are 25m from Maitland Road with the closer to Maitland Road, with high building designed to address the Park traffic volumes located on crest with and being of an open style. The blind corner. Dangerous position. location of the amenities building and Barbecues should not be close to main barbecue shelter has been road as parents with toddlers will not determined by flooding constraints be able to rest. and regardless of where the facilities are located parents will still need to watch children using the facilities. 2 The proposed relocation of the The replacement amenities building amenities building will only accentuate and new barbecue shelter have been & increase anti social behaviour & relocated to a highly visible locality have greater impact on residents within the Park and adjacent to the facilities & Council. existing playground. The amenities building has been designed to be of an open style to increase safety and security and to discourage anti social behaviour. Also these structures will be visible from Maitland Road with ready pedestrian access being available. 2 Proposed facility closer to corn staddle The new facilities given there locality and it will become more vulnerable to adjacent to the corn staddle may vandalism. discourage vandalism given their visibility including lighting with higher usage of this section of the Park anticipated.

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2 Facilities will be more accessible from It is agreed that facilities will be more Maitland Road. Parking along this accessible to Maitland Road which is main road is dangerous and potential considered desirable for security. for accidents to increase. Bollards will Parking along Maitland Road will be not stop wandering children. discouraged and will be monitored by Council and parking restrictions may be imposed if required. 2 Residents living directly opposite A public meeting was held in Paterson proposed development have not been on 14 June 2018 to outline the included in initial discussions. Lack of development proposal and to obtain communication a concern. Have not feedback from residents. This been informed or consulted in development application was also subsequent communications. publicly notified for 14 days and all submissions have been reviewed and matters raised have been considered as part of the assessment of the application. 2 It appears that the project is being The project has been underway for a rushed through by a handful of people number of years with Council being that will not be directly impacted. successful in receiving a grant to undertake the works. Adequate opportunity has been provided to residents to make comments on the development proposal and these have been duly considered.. 3 The barbecues should be within sight As outlined previously, the amenities of the river and funds used to building and shelter have been rehabilitate the river bank. located away from the river due to flooding and high maintenance costs. The current electric BBQs near the river do not function after flooding events due to public safety risks as the electricity needs to be isolated, and is expensive to repair. 2,3 If families are using the park they The provision of additional car parking should not expect children to cross a facilities has been deleted from this road to get to the playground application and will be considered equipment. under a separate application. Currently existing roads are crossed to access the playground facility. 3 Funds should be spent on installing This is not a matter that can be shade structure over the playground considered as part of this application. equipment. 3 Existing toilets are adequate. Power to The existing toilet facility needs to be toilet waterproofed. Funds should be closed after a flood event due to water used for remedial work to existing inundation for long periods of time. toilets to improve the septic system. The electrical equipment has not been water proofed. The existing septic tank and pump system has had several issues over recent years which has led to major expenses due to repairs. It is proposed to retain the existing transpiration area and install two new septic tanks adjacent to the new toilet block. 3 Toilets located in discreet position. Whilst the current toilets may be in a Easy to access and cars can park more discreet location, they need to nearby. be closed and repaired after flood events. There are also issues with the existing septic tanks.

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3 Toilets by the road will encourage The proposed amenities building will drivers to pull over on the side of the be below Maitland Road. Council will main road & then pull out onto blind monitor parking along Maitland Road corner onto Maitland Road. and if necessary impose restrictions. 3 Odour from toilets. Most people will not The proposed toilets will have a new use barbecue next to toilets. septic system using the existing transpiration area which is well away from the development site. Odour from the amenities building will not be a problem. 3 Park is lacking pathways for users of The installation of paths within the the park. Nowhere for people to push park is not an issue that can be pram or for children to ride a bike considered as part of this application. around the park except on the road. 3 Attractive bridge over the watercourse The installation of a bridge over the with no path access. river is not an issue that can be considered as part of this application

The public interest

The proposal is not contrary to the public interest as it satisfies relevant Dungog LEP 2014 and Dungog DCP No.1 requirements as outlined within other sections of this report.

CONCLUSION

This development application for a proposed replacement amenities building and new barbecue shelter has been assessed in regard to relevant matters in Section 4.15 of the EP&A Act and all relevant instruments and policies. The proposal is satisfactory in respect of objectives and provisions of Dungog LEP 2014 and provisions of Dungog DCP No.1 particularly Section C8 Managing our Floodplains and Section C17 – Heritage. The submissions received by Council during the public notification period have been reviewed in detail and considered during assessment of the application and the issues raised do not warrant refusal of the application. Council can be satisfied that this replacement amenities building and the new barbecue shelter will not result in any significant adverse environmental, social or economic impacts subject to the attachment of appropriate conditions. Accordingly the application can be supported.

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Page 32 ANNEXURE ‘A’

Conditions

General

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

(a) Plans Reference: Drawing No. Rev Name of Plan Date 0015-05 Sheet 1 C Overall View 2/10/18 0015-05 Sheet 2 C Detail View 2/10/18 0015-05 Sheet 3 C Typical Section 2/10/18 0015-05 Sheet 4 C Proposed Amenities 2/10/18 Block 0015-05 Sheet 5 C Proposed covered 2/10/18 BBQ Area 0015-05 Sheet 6 C Stormwater Layout 2/10/18 0015-05 Sheet 7 C Lighting Layout Plan 2/10/18

(b) Document Reference: Document Reference Author Date Statement of - Dungog Council Undated Environmental Effects Statement of Heritage - Insite Heritage Pty September Impact Ltd 2018

PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE

2. Details of colours, textures, and types of materials of the proposed amenities building and barbecue shelter shall be submitted to Council prior to the issue of a construction certificate.

3. All lighting shall be designed so as to ensure that glare does not adversely impact upon adjoining properties and satisfies Australian Standard AS 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting. Lighting details shall be provided to Council prior to issue of the Construction Certificate and directed away from any residential properties. 4. Prepared by a qualified engineer shall be submitted to Council prior to the release of a construction certificate showing all roof water from the amenities building and barbecue shelter be directed to the seepage pit and in accordance with Drawing No.0015-05 Sheet 6 Rev C Stormwater Layout dated 2/10/2018.

5. Prior to the issue of the construction certificate an application for the installation of an onsite sewage management system is to be lodged with Council’s Environmental services department for approval. The system shall be designed in accordance with AS/NZS 1547:2012 and the Environmental & Health Protection Guidelines.

6. Prior to issue of the construction certificate an acid sulphate management plan shall be prepared and submitted to Council for approval.

7. Prior to the issue of Construction Certificate a structural engineers certificate is required certifying the structural adequacy of these structures with a flood prone area shall be provided To Council. 8. A total of two car parking spaces for use by persons with a disability must be provided on site. Consideration must be given to the means of access from the car parking Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 33 spaces to the amenities building and barbecue shelter being across an existing road and must be clearly shown on the plans prior to the issue of a Construction Certificate.

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

PRIOR TO COMMENCEMENT OF WORKS

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

10. The amenities building and barbecue shelter must comply with the relevant provisions and requirements of the Building Code of Australia.

DURING CONSTRUCTION

11. There is to be no construction and/or demolition works, including deliveries on or to the site prior to 7.00 am or after 6.00 pm Monday to Friday, prior to 8.00 am and after 6.00 pm Saturday, and prior to 9.00 am and after 4.00 pm Sunday.

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

13. A waste containment facility to Council's requirements is to be provided on the building site immediately after the first concrete pour for the building and is to be regularly serviced.

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

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

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

14. To minimise soil erosion during construction, the owner and builder shall ensure that the following measures are implemented in the sequence outlined:-

(i) A dish shaped diversion drain or similar structure will be constructed above the proposed house site to divert run-off to a stable discharge area such as an area with a grass cover. (This diversion drain is to be lined with turf or otherwise stabilised if it erodes after rainfall). (ii) A sediment trapping fence using a geotextile fabric specifically designed for such a purpose and installed to manufacturer's specifications is to be placed below the construction area (eg "silt stop"). (iii) Vegetation is to be cleared from the construction site only; other areas are to remain undisturbed.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 34 (iv) Top soil from the construction site or builders sand is to be stockpiled in a location where it will not be eroded from the site, and is not to be stockpiled on the road reserve. (v) All erosion control measures will require maintenance after rainfall. They should be retained until the site has fully revegetated. (vi) If soil or other materials are spilt accidentally onto the road or gutter, they shall be removed prior to the completion of the day's work.

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

15. Any relocation or alterations of public utilities made necessary as a result of the development are to be carried out at no cost to Council.

16. All excavations and backfilling shall be executed safely, in accordance with appropriate professional standards and shall be properly guarded and protected to prevent the works from being dangerous to life or property.

17. If potential historical archaeological deposits are encountered during excavation on the site, all work shall stop on site and contact should be made with a suitably qualified archaeologist for assessment and advice.

18. If Aboriginal cultural objects are encountered during excavation, all work shall stop on site and contact made with the Environment line on 131555.

19. If a potential human burial is encountered during excavation all work shall stop on site and contact should be made with NSW Police.

20. Any waste and soil proposed to be disposed off site shall be classified, removed and disposed of in accordance with the EPA Environmental Guidelines and to an approved waste management facility.

PRIOR TO ISSUE OF OCCUPATION CERTIFICATE

21. Application for an Occupation Certificate must be submitted to and approved by the Principal Certifying Authority prior to occupation or use of the amenities building and barbecue shelter.

22. The onsite sewage management system shall be installed in accordance with its approval, with a satisfactory final inspection to be undertaken by Council.

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

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

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Page 35 ANNEXURE ‘B’

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Page 42 ANNEXURE ‘C’

CONSIDERATION UNDER SECTION 4.15(1)

The following assessment is based on the matters listed for consideration under Section 4.15(1) of the Environmental Planning and Assessment Act, 1979. a) The provisions of:

(i) any environmental planning instrument;

State Environmental Planning Policies 1 State Environmental Planning Policy No. 44 – Koala Habitat This Policy aims to encourage the proper The subject site has an area of conservation and management of areas of 2.14ha and therefore this policy natural vegetation that provide habitat for applies to the subject land. koalas to ensure a permanent free-living population over their present range and The subject site does not contain reverse the current trend of koala population more than 15% of koala feed tree decline: species listed in Schedule 2 of SEPP (a) by requiring the preparation of plans of No.44. Therefore the site does not management before development consent can constitute a potential koala habitat be granted in relation to areas of core koala and no further provisions apply. habitat, and Furthermore only one tree will be (b) by encouraging the identification of areas of removed for erection of these core koala habitat, and structures. (c) by encouraging the inclusion of areas of core koala habitat in environment protection zones.

Part 2 Development control of koala habitat applies as follows: i) has an area of more than 1 hectare, or (ii) has, together with any adjoining land in the same ownership, an area of more than 1 hectare, whether or not the development application applies to the whole, or only part, of the land.

2 State Environmental Planning Policy No. 55 – Remediation of Land This Policy requires Council to be satisfied that The site has not been used in the the subject land is suitable for development past for activities which could have and provides planning guidelines for potentially contaminated the site remediation of contaminated land. being used as parklands. Therefore SEPP 55 also requires that any remediation no further investigations are works must be carried out in accordance with a considered necessary for this Remediation Action Plan (RAP) as approved development proposal. Any by the consent authority and any guidelines excavated material that is removed enforced under the Contaminated Land from the site should be taken to an Management Act 1997 approved waste facility.

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Page 43 Local Environmental Plan DUNGOG LOCAL ENVIRONMENTAL PLAN 2014 1 Clause 2.1 - Zoning RE1 Public Recreation

2 Clause 2.3 – Zone Objectives The proposal is consistent with these objectives of the zone as the proposal Objectives of the zone are: involves replacement of existing  To enable land to be used for public facilities that are to be used in open space or recreational purposes. association with recreational  To provide a range of recreational activities. settings and activities and compatible land uses.  To protect and enhance the natural environment for recreational purposes. 3 Clause 2.3 – Land Use Recreation area is permissible with consent of Council within RE1 zone. 2. Permitted without consent Environmental protection works; Markets; Roads; Roadside stalls 3 Permitted with consent Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Community facilities; Emergency services facilities; Environmental facilities; Information and education facilities; Jetties; Kiosks; Mooring pens; Moorings; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Sewerage systems; Signage; Water recreation structures; Water supply systems 4 Prohibited Any development not specified in item 2 or 3 recreation area means a place used for The proposal falls within this outdoor recreation that is normally open to the definition of a recreation area as John public, and includes: Tucker Park is an existing public park (a) a children’s playground, or and the proposal involves providing (b) an area used for community sporting amenities and shelter that will be activities, or used in association with recreation (c) a public park, reserve or garden or the activities undertaken in the park. like, and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor). 3 Clause 5.10 Heritage Conservation

The objectives of this clause are as follows: The proposal is considered to be (a) to conserve the environmental heritage of consistent with these objectives as Dungog, this proposal will not adversely impact (b) to conserve the heritage significance of onto the existing fig trees along heritage items and heritage conservation Maitland Road given its separation to areas, including associated fabric, settings and the development site and that the views, barbecue shelter and amenities have

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 44 (c) to conserve archaeological sites, been designed to be compliment the (d) to conserve Aboriginal objects and adjacent corn staddle building. Aboriginal places of heritage significance.

(2) Requirement for consent Development consent is required for any of the The site is situated within a heritage following: conservation area. Consent is being sought for erection (e) erecting a building on land: of the amenities building, barbecue (i) on which a heritage item is located or shelter and associated works. that is within a heritage conservation area, or (ii) on which an Aboriginal object is located or that is within an Aboriginal place of A Heritage Impact Statement heritage significance, accompanies this DA. This Statement contends that: (4) Effect of proposed development on  The new buildings will be set heritage significance back slightly into the slope which The consent authority must, before granting will keep the roof height down consent under this clause in respect of a below that of the corn staddle; heritage item or heritage conservation area,  The amenities building will utilise consider the effect of the proposed matching materials as close as development on the heritage significance of possible to existing buildings and the item or area concerned. This subclause brick work will be laid in a pattern applies regardless of whether a heritage reflecting the pattern in the management document is prepared under hearse shed. The gable ends of subclause (5) or a heritage conservation the building will be hard wood management plan is submitted under slats to reflect the corn staddle subclause (6). structure. A portico over the east side entrance will use 200mm poles as in the corn staddle;  The barbecue facility has been designed to complement the existing structures by reflecting elements of their built character within the proposed facility. This facility will utilise structural round poles reminiscent of the corn staddle and brick work pattern will reflect the hearse shed;  The construction of the barbecue and amenities building will enhance the visitor experience

for the public visiting the park. The ramp at the rear of the Two heritage items are listed in the vicinity of barbecue shelter will enable the subject site being: disabled access to the exterior of  I153 – Fig trees along Maitland Road; the staddle.  I121 – Corn Staddle – Tucker Park  The facilities will enhance interpretation opportunities of the Both these items are listed as heritage heritage item; items of local significance. The subject site  The design and selection of is also located within the Paterson Heritage materials of the proposed Conservation Area. structures complement the existing structures to minimise There are also a number of heritage items visual impacts whilst being surrounding the site being with the closest clearly discernible from the

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Page 45 being described as: original fabric;  I125 – Former rectory – 13 Duke Street – to  The proposed barbecue facility north of site will reduce the view curtilage to  I126 – Former commercial hotel – 25 Prince the staddle from the north and Street – west of the Park east. However the positioning of this structure has been dictated by using land above the 10m

contour due to flooding of the surrounding parklands. The height of this structure has been contained to the eave level of the nearby staddle structure to minimise visual impacts and distortion to the scale of the staddle;  The proposed facilities are located within the curtilage of the staddle, however to not construct would impact on the public amenity of the park and would not be enhance public appreciation of the heritage item. Whist some minor heritage impacts are likely to occur the buildings have been designed to be compatible with this heritage listed building and considered to be reasonable. No specific heritage listing of trees in John Tucker Park on the NSW Heritage Database.

Existing trees given their separation will not be affected by the development proposal. There is no evidence that the trees have heritage values relevant to the Fry Coaching operations. 5 Clause 6.1 Acid Sulfate Soils The proposed amenities building and shelter are to be positioned in an Site identified as Class 5. See map below. area identified as Class 5 acid sulfate soils but within 500m of adjacent Class 4 land.

Given the level of excavation proposed for erection of these structures a condition will be attached to any development consent that an acid sulphate management plan be prepared prior to works commencing on site given the proximity of Class 4 in this case and be submitted with the Construction Certificate. This will be conditioned accordingly.

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Page 46 6 Clause 6.2 Earthworks Some earthworks involving both The objective of this clause is to ensure that minor cut and filling of the site will be earthworks for which development consent is necessary for the erection of these required will not have a detrimental impact on structures and associated ramps, environmental functions and processes, stairs, retaining wall and disabled neighbouring uses, cultural or heritage items or parking spaces. A sediment and features of the surrounding land. erosion plan will need to be submitted with the Construction Certificate and appropriate measures implemented during the construction phase to ensure minimal impacts occur onto the surrounding parklands including the Paterson River. This will be conditioned accordingly. 7 Clause 6.3 Flood Planning The proposal is consistent with the The objectives of this clause area: objectives of this clause as proposed  to minimise the flood risk to life and facilities are non habitable, replaces property associated with the use of land, existing facilities within the Park that  to allow development on land that is are located lower on the flood plain compatible with the land’s flood hazard, and designed of suitable material for taking into account projected changes as a this locality. result of climate change,  to avoid significant adverse impacts on flood behaviour and the environment.

(3) Development consent must not be granted The following comments are made in to development on land to which this clause response to the above sub clause 3): applies unless the consent authority is satisfied that the development: g) The proposed structures are non (a) is compatible with the flood hazard of the habitable and considered land, and acceptable with this flooding (b) will not significantly adversely affect flood hazard being located at one of the behaviour resulting in detrimental highest points of the park; increases in the potential flood affectation h) The finished floor level is slightly of other development or properties, and below the identified flood level of (c) incorporates appropriate measures to this locality; manage risk to life from flood, and i) The proposal is not likely to (d) will not significantly adversely affect the significantly affect the flood environment or cause avoidable erosion, behaviour within this locality given siltation, destruction of riparian that there are few other structures vegetation or a reduction in the stability and the design and scale of this of river banks or watercourses, and development; (e) is not likely to result in unsustainable j) The incorporation of pedestrian social and economic costs to the ramps and stairs provide ready community as a consequence of flooding. access from these facilities to Maitland Road which is above the identified flood level. The facilities are unlikely to be used during times of flooding by the community; k) The structures are not likely to affect the surrounding environment or cause destruction to the nearby Paterson River; l) The buildings will be designed to withstand potential flood waters and a condition will be imposed that a structural engineer’s Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 47 certificate be provided certifying that the structures can withstand flood waters. This will minimise economic costs associated with building maintenance and to the community. The social benefits of provision of an updated amenities building and barbecue shelter for the community are recognised in this case.

8 Clause 6.6 Riparian land and watercourses The eastern boundary of the subject site is located adjacent to the Paterson River which is identified as a watercourse upon the Riparian land and watercourse map of Dungog LEP 2014. This clause does not restrictly apply to this development proposal as the watercourse (Paterson River) is significantly (i.e. 142m) more than 40m from the proposed amenities building and shelter.

(ii) any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority;

There are no draft environmental planning instruments applying to the site of proposed subdivision.

(iii) any development control plan;

Dungog Development Control Plan No. 1 1 Section C3 – Building Line Setbacks The covered barbecue shelter is setback of DCP No. 1 sets out the general 25m from the bitumen of Maitland Road with requirements for building line setbacks the amenities building being over 25m applicable to various zones. The amenities building is setback 21m from There are no specific requirements the adjoining property to the north. within the DCP for land zoned R1 Public Recreation. Consequently the proposed structures are well setback from both Maitland Road and the adjoining property to the north. 2 Section C5 – Bushfire The subject site is identified as being bush fire land upon Council’s bushfire mapping. Section 100B of the Rural Fires Act The development proposal involves the 1997 requires that the Commissioner erection of two structures which are non of the RFS issue a Bush Fire Safety habitable structures and is not listed as Authority (BSA) for residential, rural development above. Therefore the residential or rural subdivision and application does not require to be forwarded special fire protection purpose to the NSW Rural Fire Services. developments on bushfire prone land. The structures are to be located on a down slope with existing residential development located to the north and west of the Park with parklands to the south and east. The area surrounding the structures is generally Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 48 cleared of existing trees. Water and electricity services will be provided to the structures and can be used in the case of a bush fire emergency Also existing gravel roads provide ready access out of the Park with stairs and ramp providing pedestrian access to Maitland Road. Therefore adequate bushfire measures can be implemented to safe guard against any potential threats. 3 Section C8 – Managing our Floodplains

The procedure to determine what a) The development is considered to be controls apply to proposed land use category – Recreation development involves identifying: Recreation area and minor ancillary a) the land use category of the structures (toilets blocks and kiosks) development (Schedule 1); b) what part of the floodplain the land b) This part of the site is located within the is located within (Section 3.5) and; flood fringe being part of flood planning c) then apply the controls outlined in area outside of the floodway which is Section 8.62. between the Flood Planning Level and the High Hazard area. c) The following comments are provided in 8.6.2 Performance Criteria terms of the performance criteria: a) The proposed development should not result in any increased risk to  The structures are non habitable and human life. not likely to be used in periods of b) The additional economic and social flooding. Therefore the development costs which may arise from damage to is not likely to result in increased risk property from flooding should not be to human life; greater than that which can reasonably  Flood compatible materials are to be be managed by the property owner used such as masonry, concrete and and general community. solid timber. An engineer’s certificate c) The proposal should only be will need to be provided at permitted where effective warning time Construction Certificate stage and and reliable access is available for the conditioned accordingly. Electrical evacuation of an area potentially components will need to be affected by floods, where likely to be waterproofed to protect against required. potential flooding impacts; d) Development should not detrimentally increase the potential  Adequate evacuation is available flood affectation on other development from the Park and these structures by or properties. vehicle and foot;

 The development proposal will not

affect adjoining development due to

the location of these structures within

the Park and the location of adjoining

development.

Schedule 1 – Land Use Categories The development is considered to be Recreation Use (e.g. toilet block or kiosk) under this Schedule. Schedule 2 - Floodplain Areas

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Page 49 Planning Matrix Controls. Assessment in accordance with

provisions of this Schedule follows:

Floor level The FFL is 0.25m below the 5% AEP. The All Floor levels to be equal to or proposal relates to the erection of two non greater than the 5% AEP Flood level habitable structures within the highest plus 0.5m (Freeboard) unless western section of an existing Park replacing determined by a risk assessment. an existing amenities building that is located 5% AEP plus 0.5m is calculated at: within a much lower section. 10.65m + 0.5m = 11.15. FFL of structures is 10.9m. The proposed buildings will be of an open Flood compatible building components style being of masonry, concrete and solid All structures to have flood compatible timber that are considered to be flood building components below or at the compatible given their location within the FPL Park.

Structural soundness An Engineers certificate to confirm the Engineers certificate to confirm any structural soundness of the proposed structure subject to a flood up to and structures within flood prone land will be including the 1% AEP or 0.2% AEP (as conditioned and required prior to the issue of applicable) flood level can withstand a Construction Certificate. the force of flood water, debris and buoyancy. Given the location of these proposed Flood effect on others structures within the higher western edge of The impact of the development on the Park, the development is likely to divert flood affection elsewhere to be flood waters into the Park rather than any considered. The development must not nearby properties and will not obstruct any obstruct or divert flood waters to or flood waters. from neighbouring properties

Evacuation access Ready vehicular and pedestrian access is Consideration required regarding an available to Maitland Road via an existing appropriate flood evacuation strategy & road and ramps and stairs that will provide pedestrian / vehicular access route for access out of this flood affected area the both before and during a flood north and south of Paterson.

Flood awareness 10.7 certificates to notify of applicability Not applicable to this application. of this DCP

Management and design The structures are not likely to be used Flood plan required where floor levels during period of flooding given their location are below the design floor level. within a Park and closeness to the Paterson River. Applicant to demonstrate that there is an area where goods may be stored No storage of goods is proposed within above the FPL during floods. these structures.

Applicant to provide controls where An appropriate on site sewage system will necessary to prevent the discharge of be installed including new septic tanks within pollution during floods, including a higher section of the Park to avoid compliance with Councils On-site discharge of pollution during flooding Sewage Development Assessment periods. Framework.

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4 Section C17 – Heritage Matters to be considered include: A Statement of Heritage Impact prepared by Insite Heritage Pty Ltd accompanies this When determining an application for application. The nearby staddle has been development in a heritage identified as having local significance as a conservation area, the consent pastoral and transport related item. authority must take into account the extent to which carrying out the The proposal has been designed to respect proposed development will be the heritage values of the corn staddle and consistent with the heritage complies with the principles of the Burra conservation principles. Charter by complimenting the heritage values.

When determining an application for As previously outlined the proposed development in any heritage structures are considered appropriate for conservation area, a consent authority this heritage setting as: must take into account any impacts of  The roof height of the structures is the proposed development on the lower than the corn staddle structure; physical character of the heritage conservation area and any features  The new structures will incorporate which give the area heritage details of this staddle in terms of significance. architectural features to be incorporated into the design, materials, etc. and will be sympathetic and complimentary to the staddle and hearse;  New structures will be readily identifiable from existing structures within the Park. 5 Section C20 – Off Street parking An aim of this plan is to provide a clear The purpose of this section of the DCP is to relationship between the intensity of outline parking requirements for specific land use of a development and the number uses. As no requirements are outlined for of off-street parking spaces provided these proposed land uses a merit on the site to alleviate undue assessment can be undertaken. congestion in adjacent streets.

There are no specific requirements Two disabled car parking spaces will be within this section of the DCP for provided for the new amenities building provision of car parking for an along the eastern side of the bitumen road amenities building or barbecue that is positioned to the east of the new shelter. structures. This is considered sufficient as no formal car parking facilities are currently provided within Tucker Park. Sufficient informal car parking is available for all park users and these replacement facilities being proposed under this DA. 6. Section C23 –Onsite Sewage Management. In this case it is intended to decommission This part of the DCP applies to the existing sewer tanks on site. The developments that are not provided proposed system will involve installation of with a reticulated sewerage system. two new septic tanks adjacent to the proposed amenities building and the effluent Development consent shall not be to be pressure dosed into the existing issued unless adequate arrangements transpiration area which is located near the Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 51 have been made for disposal and existing toilet building on site. The use of management of sewage. this transpiration area is considered to be acceptable and tanks will need to be sized to have a capacity of anticipated loads.

(iiia) any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4;

There are no planning agreements or draft planning agreements applying to the land.

(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph);

The application has been submitted in accordance with the requirements of Schedule 1 of the Regulations.

b) The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

The likely impacts of the operation of a proposed amenities building and barbecue shelter upon the subject site have been considered in the main body of this report, under the heading ‘Consideration of Environmental Impacts’. c) The suitability of the site for the development,

For the reasons discussed in the body of this and the Council report, the subject land is considered suitable for the erection of a replacement amenities building and barbecue shelter within a higher section of the Park and will add cultural value to the existing Parklands. d) Any submissions made in accordance with the Act or the regulations,

Three (3) submissions were received by Council during the advertising period. Issues raised are outlined within the Council report including a response to issues raised. e) The public interest.

The proposal for replacement of an amenities building and barbecue shelter within this Park is considered to be in the public interest as the facilities are much needed and create positive benefits for the community and public park which is highly utilised.

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Page 52 ANNEXURE ‘D’

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2. DEVELOPMENT APPLICATION – 170/2013

FILE NO: DA 170/2013

E Approved subdivision plan

ANNEXURES: F Repositioned Building Envelope on proposed Lot 11

G 4.15 Assessment

AUTHOR: Independent Planning Consultant

APPLICANT: Mr B Hamilton

OWNER: Mr B Hamilton Modification to Allow Amendment to Conditions 10, 15(A), & 17 of PROPOSAL: the Development Consent DA 170/2013 – Subdivision Two (2) Lots Into Three (3) Lots Lot: 1 DP160104 & Lot 1 DP 256124, No.8 Reservoir Road LOCATION: Dungog

ZONE: R5 Large Lot Residential Zone

OFFICERS RECOMMENDATION:

That Section 4.55 (1A) Application 130/2013 for subdivision of two (2) lots into three (3) lots at No. 8 Reservoir Road Dungog be amended in respect of Condition 17 only:

Replace Condition 17 in the following manner:

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

Amendment to Conditions 10 and 15(a) be refused for the following reasons:

1. To satisfy an objective of the R5 zone: to provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality installation of an appropriate inter allotment drainage system is essential as well as necessary road infrastructure in accordance with Council’s Road Management Policy;

2. The modification does not satisfy Clause 6.4 Stormwater management of Dungog LEP 2014 as stormwater from the proposed subdivision will not be controlled to avoid any significant adverse impacts of stormwater runoff occurring onto proposed Lot 10 and adjoining properties;

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 57 3. The modification does not satisfy Clause 6.5 – Drinking Water Catchments and Clause 6.10 Williams River catchment of Dungog LEP 2014 as the receiving waters will not be adequately protected from uncontrolled stormwater runoff;

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

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

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

Precis:

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

This application is reported to Council in accordance with adopted policy C4:15 Development Consents and/or Construction Certificates – Councillors and Staff. This modification application has been lodged by a Dungog Council officer and therefore must be reported to Council. In addition the assessment was undertaken by an independent planning consultant to avoid any conflict of interest.

The applicant seeks approval to modify a number of conditions attached to the development determination relating to Development Application 170/2013 issued by Council on 14 August 2014 as follows:

 Condition No. 10 that necessitates the establishment of an inter allotment drainage system serving proposed Lots 11 and 12 and within Lot 10 for the disposal of roof and surface water including natural runoff and connecting to the existing drainage system.

Council officers are of the opinion that an inter allotment drainage system or easement needs to be established for this subdivision given the topographic nature of the site so as to prevent uncontrolled runoff occurring onto a proposed lot and adjoining properties.

 Condition 15(a) requires the construction of kerb and gutter with associated shoulder works along Reservoir Road.

Kerb and guttering is required in accordance with Council’s Road Management Policy to control runoff from the adjacent roadway given the site is located within an urban locality.

 Condition 17 required that a designated building envelope be delineated on the final linen plan for proposed Lots 10 and 11 and be compliant with Council’s adopted building line setback requirements.

The modified building envelope for proposed Lot 11 will be repositioned so that a front building line of only 10m is achieved rather than the 50m front building line in accordance with Dungog Development Control Plan – Part C Building Line Setbacks and Council’s Building Setback Policy. (Front Setbacks in R5 Large Lot Residential

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Page 58 zone are the subject of another report to this Council meeting. The Draft DCP chapter proposes to reduce front setbacks to 30 metres.

Relocation of this building envelope and variation of the front building line is considered supportable given nearby residential development and potential impacts on the streetscape and locality.

The Section 4.55 Application was notified to adjoining land owners from 25 July 2018 to 9 August 2018 and no submissions were received by Council.

Council officers have undertaken a thorough assessment of this Section 4.55 Application in accordance with the provisions of the Environmental Planning and Assessment Act, 1979 (EP&A Act) and accompanying Regulation and support approval of modification to condition 17 only that relates to the relocation of the building envelope. Amendments to Conditions 10 and 15(a) are not supported as an appropriate inter allotment drainage system needs to be implemented for this subdivision to enable collection of any stormwater runoff from proposed lots that is directed to a legal point of discharge so as not to adversely impact onto any proposed or adjoining lots and that all urban roads including Reservoir Road are provided with adequate kerb and gutter in accordance with Council’s Roads Management Policy.

BACKGROUND

Development Consent No. 170/2013 for subdivision of two (2) lots into three (3) lots was issued by Council on the 14 August 2014 subject to attachment of conditions including installation of an appropriate drainage system for the subdivision, kerb and guttering along the frontage of this allotment and positioning of suitable building envelopes for proposed lots within this residential locality of Dungog.

The subdivision involved the creation three lots as follows:

Proposed Lot Area Comment 10 5.84 ha Vacant lot 11 4053m2 Vacant lot 12 4049m2 Retains existing dwelling

A copy of the approved subdivision plan is attached at Annexure ‘E’.

SUBJECT SITE

Reservoir Road is located along the southern fringes of Dungog to the east of Clarence Town Road being the main vehicular entry point into the township, to the south east of Lioness Park and SES headquarters.

The subject site is located along the southern side of Reservoir Road directly opposite its intersection with Carlton Avenue. The subject land is described as being of a regular shape with an area of approximately 6.65 hectares and having a frontage of 202.69m to Reservoir Road and a depth of 247m. The land slopes away from Reservoir Road in a southerly direction and hence parts of the site is highly visible from Clarence Town Road.

The site has largely been cleared of native vegetation with some isolated trees remaining and clumps located adjacent to southern boundary and within the northern western corner. Refer to Figure 1 below for further details. An existing dam is located within the south eastern corner of the lot.

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Subject site

Figure 1: Locality of Subject Site

An existing single storey dwelling with detached garage occupies the site being positioned in the centre of the lot with minimal setbacks (i.e. varying from approx. nil to 2m) to the Reservoir Road boundary. Refer to Photograph 1 below for further details. A small shelter for livestock kept on the property is located to the west of the existing dwelling. The property is also used for grazing of sheep. Vehicular access to the site is available directly off Reservoir Road being a sealed road and accessible either via Clarence Town Road, Carlton Avenue or Lord Street.

Photograph 1: View of existing dwelling on site & kerb & guttering along northern side of this street

The following land uses occupy surrounding allotments:

North: detached single storey dwellings occupy lots opposite the site along northern side of Reservoir Road; South: rural lands; East: water reservoir, rural lands; West: rural lands, SES headquarters, Lioness Park, Clarence Town Road.

As outlined previously, the subject site is located on the fringes of the Dungog township with detached dwellings located opposite the site along the northern side of Reservoir Road which is zoned for Residential purposes and rural properties adjoining the property to the east and south. See the locality plan provided at Figure 1 above for further details.

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Page 60 PROPOSAL

The applicant is seeking modification of the following conditions:

a) Condition 10 – Deletion of the requirement to establish an inter allotment drainage system for the proposed subdivision.

The applicant is of the opinion that inter allotment drainage is not required to be implemented upon land zoned R5 Large Lot Residential and potential roof water will not impact onto adjoining properties given the size of allotments to be created.

b) Condition 15 – The applicant has requested that a grassed shoulder and table drain be installed in preference to kerb and gutter and that no inter allotment drainage system be installed upon the site given the size and nature of land uses occupying the site.

The applicant states there is no kerb and guttering along the southern side of Reservoir Road with only small sections along the northern side and suggests the installation of a grass shoulder and table drain along this section of Reservoir Road as an alternate option as he believes it will adequately capture the small amount of runoff from this roadway and is more appropriate for this locality.

c) Condition 17 – The proposed building envelope for proposed Lot 11 be repositioned to be setback only 10m which then results into the encroachment of Council’s adopted 50m front building line in accordance with the DCP.

The applicant argues that a 10m front building setback will not adversely impact on the streetscape given dwellings along the northern side are setback only 6m and the current dwelling on site is setback significantly less than 10m from Reservoir Road.

A copy of the plan demonstrating the repositioned building envelope upon proposed Lot 11 is attached at Annexure ‘F’.

The relocation of the building envelope upon proposed Lot 11 is supportable in this case, however Council’s Consultant Engineer has advised that modification of Conditions 10 and 15(a) are not supported from an engineering perspective and a planning assessment undertaken of the application indicates that the modified proposal does not satisfy a number of provisions of Dungog LEP 2014. Therefore modification of these two conditions cannot be supported and is discussed within a later section of this report in detail.

STATUTORY CONSIDERATIONS

Section 4.55 – Modification of Consents

In accordance with Section 4.55(1A) of the EP&A Act, the consent authority may modify development consent if:

(a) it is satisfied that the proposed modification is of minimal environmental impact, and Comment: The proposed modification still involves the subdivision of two (2) lots into three (3) lots with modifications sought to the drainage system to be installed on site and the building envelope upon proposed Lot 11 being repositioned closer to Reservoir Road. The repositioning of the building envelope closer to Reservoir Road is considered to be acceptable in this case, as any proposed dwelling would be in keeping with the established building line along the southern side of Reservoir Road given that currently one dwelling is Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 61 positioned along the southern side of Reservoir Road on a nil to 2m setback from the frontage of this road and the building envelope for proposed Lot 10 remains as approved. If an inter allotment drainage system or easement is not implemented for this subdivision, then stormwater and runoff from the subdivision would be uncontrolled and directed onto a proposed lot and adjoining properties and is likely to adversely impact onto the surrounding locality. Also kerb and gutter is necessary to assist with proper drainage of the roadway along the frontage of the site. Consequently increased environmental impacts are likely to result onto adjoining properties and the locality unless an adequate drainage system is installed and appropriate road works are implemented for this subdivision.

(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

Comment: The proposal does not involve any increase to the number and size of lots to be created by this subdivision or the provision of vehicular of access to each lot. Hence the proposal is considered to be the same as approved by Council.

(c) it has notified the application in accordance with: (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

Comment: The modification was notified in accordance with Council’s advertising policy.

(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

Comment: No submissions were received by Council.

The proposed modification does not fully satisfy the above requirements of Section 4.55(1A) and development consent DA 170/2013 can only be partly modified.

Section 4.55(3) of the EP&A Act requires that, in determining an application for modification of consent, the consent authority must take into consideration such of the matters referred to in Section 4.15(1) that are of relevance to the development the subject of the application.

The proposed modification has been assessed against the relevant heads of consideration under Section 4.15 (1) and as detailed in Annexure ‘G’. The main considerations are addressed as follows:

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Page 62 (a)(i) Provisions of any environmental planning instrument

Environmental Planning and Assessment Act 1979

Clause 4.46 Integrated Development The subject site is designated as bushfire prone land and being for subdivision of land was referred to the NSW Rural Fire Services (RFS). The NSW RFS has responded by correspondence dated 28 August 2018 and issued General Terms of Approval (GTAs) for this modification that included two conditions as follows:

1. “At the issue of subdivision certificate and in perpetuity, the entire property of proposed Lot 12 shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and NSW Rural Fire Service’s document ‘Standards for asset protection zones’; 2. Water, electricity and gas are to comply with section 4.1.3 of ‘Planning for Bushfire Protection 2006’.”

Bushfire matters relating to this application were fully considered during the assessment of the original application and the modification does not alter the outcomes. The same conditions (i.e. 28 and 29) were attached to the original consent and hence can remain.

Environmental Planning and Assessment Regulation

Clause 115 - Application for modification of development consent The application has been assessed in accordance with Clause 115 – Application for modification of development consent and found to satisfy the requirements of this clause.

State Environmental Planning Policies There are no relevant SEPP’s pertaining to the amendments to the on site drainage system, kerb and guttering and building envelope upon proposed Lot 11.

The original development application was assessed in accordance with the following SEPP’s and the modification will not change the outcomes of the original assessment:

 State Environmental Planning Policy No. 44 - Koala Habitat Protection;  State Environmental Planning Policy (Rural Lands) 2008; and  State Environmental Planning Policy No.55 - Remediation of Land.

Dungog Local Environmental Plan (LEP) 2014 The site is zoned R5 Large Lot Residential under Dungog LEP 2014.

The objectives of the R5 zone are:

 To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.  To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.  To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.  To minimise conflict between land uses within this zone and land uses within adjoining zones.  To isolate housing from existing intensive agriculture or future intensive agricultural areas.

The modification is considered to be inconsistent with the first objective listed above as implementation of an inter allotment drainage system and road infrastructure is essential to minimise any adverse impacts onto this locality and adjoining properties.

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Page 63 Other clauses of relevance within Dungog LEP 2014 include: A. Clause 2.6 Subdivision—consent requirements The applicant is seeking modification of conditions (i.e. 10, 15(a) and 17) attached to development consent DA 170/2013 that was issued by Council on 14 August 2014.

B. Clause 4.1 - Minimum Lot Size The minimum lot size applicable within this locality is 8000sq m.

The following lot areas have been approved by Council:  Lot 10 – 4049m2  Lot 11 – 4053m2  Lot 12 – 5.84 ha

Hence only proposed Lot 12 satisfies the minimum lot size requirement under Dungog LEP 2014. The amended subdivision proposal maintains lot sizes and dimensions as approved by Council pursuant to DA 170/2013.

During assessment of the original application for the proposed subdivision, Dungog LEP 2014 was a draft planning instrument, although Council officers considered the proposed subdivision under these provisions given the draft instrument was to be gazetted imminently. It was noted that the subdivision was not permissible under the draft planning instrument as two lots were less than the minimum 8000 sq. m. However the subject site is located adjacent to an existing General Residential zoned area and proposed lots were able to be serviced and hence the creation of two new lots of approx. 4000 sq. m was considered to be acceptable within this locality. More weight was given to the provisions contained within Dungog LEP 2006 the planning instrument in force at the time of the assessment as minimum lots of 2000sq m were permissible and could be created where lots could be connected to a reticulated sewerage system. Advice from Hunter Water provided to Council at the time indicated that water and sewer services were available in the vicinity of the subject site although some further investigations were necessary. Also a condition was attached to the development consent stating that provision of reticulated sewerage services to each allotment within the subdivision in accordance with formal requirements of Hunter Water was required. Hence Council officers approved of the subdivision notwithstanding its non compliance with the draft instrument based on a merit assessment of the application.

C. Clause 6.2 Earthworks Works associated with this subdivision are limited to implementation of suitable drainage system and kerb and guttering and shoulder construction along the Reservoir Street frontage of the site. Installation of appropriate erosion and sediment control measures will ensure any earthworks are managed in an acceptable manner so as not to impact onto surrounding lands.

D. Clause 6.4 - Stormwater management This clause requires Council to consider whether any development including subdivision avoids any significant adverse impacts of stormwater runoff on adjoining properties, native bushland and receiving waters, or if that impact cannot be reasonably avoided, minimises and mitigates the impact.

In this case, if the implementation of an inter allotment drainage system or easement is not implemented then adverse impacts from uncontrolled stormwater runoff will occur onto adjoining properties due to the topographic characteristics of the area, in that the site slopes away from the street and drainage cannot be directed to an existing street system. Consequently the amended proposal does not satisfy this clause of Dungog LEP 2014.

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Page 64 The applicant has not provided any feasible alternative drainage solutions to mitigate against any potential impacts of stormwater runoff in this case.

E. Clause 6.5 Drinking Water Catchments & Clause 6.10 Williams River catchment The subject site is located within the Williams River Drinking Water Catchment. Council being the consent authority has considered the potential impacts of this subdivision on the Williams River waterway and is satisfied that the development will not adversely impact onto the water quality and flows if reticulated water and sewer services are provided to each lot and stormwater is adequately disposed of into an existing or legal drainage system rather than dispersing onto any surrounding properties. In this case an appropriate inter allotment drainage system and easement must be implemented to ensure adjoining properties and catchments are adequately protected.

(a)(iii) Any development control plan

Dungog Development Control Plan No 1 Dungog Development Control Plan No 1 applies to the proposed development with the relevant section listed below:

Part C - General  Section 2 - Development in Rural Residential Zones;  Section 3 - Building Line Setbacks;  Section 5 - Bushfire.

A detailed assessment of the modification was undertaken in respect to each of the above sections of the DCP No.1 during assessment of the original application and the following demonstrates that the outcomes associated with the modification particularly the relocation of the building envelope:

Section 2 - Development in Rural Residential Zones The modification can satisfy the provisions within this section of the DCP except for the relocation of the building envelope upon proposed Lot 11 which is discussed below in terms of a variation to the front building setback.

Section 3.1 and 3.2 – Building Line Setbacks Building setbacks applicable for land zoned R5 Large Lot Residential zone are the same as that for the previous Rural Lifestyle 1(1) zone and are as follows:

Front - 50m from Reservoir Road; and Side and rear – 10m

The DCP also states for Rural Lifestyle 1(I) (i.e. R5 zone) lots less than 8000sqm a building envelope must be identified with front and rear setback a minimum of 50% the width of the lot to a minimum of 10m. The 50% width of lot applicable in this case would be 25.9m.

The modification involves the repositioning of the building envelope to only 10m from Reservoir Road frontage of the site.

The applicant is seeking a variation to Council’s adopted 50m front setback to be provided to the building envelope upon proposed Lot 11 based on the following reasons:

 Existing dwellings along the northern side of Reservoir Road are only setback 6m off the front property boundary and hence a 50m setback would be inconsistent with the existing character of the area;  The existing dwelling upon the site is on an approx. 1- 2m front setback and the 10m setback would be more consistent with the existing dwelling; Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

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 There are no adjoining properties along the southern side of Reservoir Road where dwellings can be built upon; and  Placing the building envelope towards the northern edge of Lot 11 will reduce loss of views or vistas from dwellings along the northern side of Reservoir Road.

The repositioned building envelope will be positioned 10m off the front and western boundaries of the proposed Lot 11. Consequently no residential properties are located directly opposite this building envelope along the northern side of Reservoir Road. Hence existing views across this site will be retained from dwellings located opposite the site. Existing vegetation along the front boundary of proposed Lot 11 and within the road reserve and western boundary will assist to screen any proposed dwelling to be erected upon this lot from Reservoir Road and the SES Headquarters site to the north west. It is agreed that the existing dwelling on site is positioned on a minimal setback whilst residential zoned properties opposite the site have dwellings erected approx. 6 - 7m off the front property boundary. Therefore the positioning of a dwelling 10m from the front boundary at the western extremity of the site and Reservoir Road is not likely to adversely impact onto the existing streetscape character of this street or locality being at one end of this street adjacent to vacant vegetated lands. The proposed setback is considered to be consistent with the objectives of this chapter. Furthermore no objections have been received by Council from any nearby residents to this variation. The building envelope will satisfy side and rear setback requirements. Therefore the variation to the front building setback for this repositioned building envelope is considered to be acceptable

Section 5 - Bushfire According to Council's Bushfire Prone Land map, the site is mapped as bushfire prone land. Adequate asset protection zones and other bushfire measures can be implemented if the building envelope is relocated as requested. The application has been referred to NSWRFS who have issued GTA’s by correspondence dated 28 August 2018. These GTA’S are similar to conditions 28 and 29 attached to the development consent issued on 14 August 2014 and will remain attached to any amended consent issued for this subdivision.

Section 4.15 (1)(b) - The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.

Drainage Council’s Consultant Development Engineer has provided the following comments:

“The Section 4.55 Modification is seeking to alter conditions 10, 15(a) and 17

Condition 10 Condition 10 relates to the requirement for the construction of an inter allotment drainage system.

Condition 10 states:

“The developer shall arrange for detailed engineering design plans in accordance with the latest AUS-SPEC and Council standards to be submitted to Council for approval for: -

a. A detailed design for an inter allotment drainage system serving proposed Lots 11 and 12 and within Lot 10 for the disposal of roof and surface water, including any natural runoff and external catchments currently entering the property and connection to the existing drainage system. Such layout shall include existing and proposed surface levels, sub-catchments and conduit sizing appropriate for the development. Full details including supporting calculations prepared by an appropriately qualified person shall be submitted to and approved by Council prior to release of the Construction Certificate.” Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 66 Note: Removal of this Condition would also require the removal of Condition 15 (b).

Council’s LEP requires that development “avoids any significant adverse impacts of stormwater runoff on adjoining properties, native bushland and receiving waters, or if that impact cannot be reasonably avoided, minimises and mitigates the impact.”

Given that the proposed Lots 11 and 12 will direct stormwater on the proposed lot 10 and adjoining lot 1, an inter allotment drainage system will be required to collect stormwater from these lots and direct it to a legal point of discharge, for this development the point of discharge is Slaughterhouse Creek, located at the south western corner of the site.

As failure to provide an easement would direct stormwater on to neighbouring properties, there is a requirement to provide an inter allotment Drainage System and Easement.

The request to remove Condition 10 is not supported from an engineering perspective.

From a planning perspective an appropriate drainage system needs to be implemented for this proposed subdivision given its locality on the urban fringes of Dungog so as to minimise any adverse impacts on urban stormwater within this locality, as well as onto adjoining properties and any receiving waters in accordance with provisions of Dungog LEP 2014.

Road Works Council’s Consultant Development Engineer has provided the following comments in respect to road works associated with this subdivision:

Condition 15 (a) Condition 15 (a) relates to the requirement for kerb and gutter on Reservoir Road.

Condition 15 states:

“The developer shall construct the following to the satisfaction of Council in accordance with the approved Construction Certificate plans: -

a. Kerb and gutter / shoulder works in Reservoir Road.”

Council’s Roads Strategy identifies road standards based on the location of the road (i.e. Rural or Urban) not the location of the subdivision land itself. In this case, whilst the land to be subdivided is large lot residential, the road utilised for access is urban and, as such, the urban requirements apply.

In this case, the following minimum standards are necessary:-  Urban Local 1 (UL1);  9.0m overall seal width – in this case, 4.5m from the projected centreline of the road (note:- the road reserve is only approx. 17m in width at this location);  2 Coat Bitumen Seal;  Kerb and Gutter – Roll top or SA profile

As there is existing kerb and gutter in the vicinity of the development (opposite on Reservoir Road), and in accordance with Council’s Roads Management Policy, the request for shoulder widening and kerb and gutter along the development frontage is considered reasonable. The request to remove Condition 15(a) is not supported from an engineering perspective.

From a planning perspective Reservoir Road is urban in nature with detached dwellings located along the northern side of this street and being zoned R1 General Residential. As demonstrated by Photograph 1 below existing kerb and guttering is provided along the opposite side of Reservoir Road opposite the existing dwelling on site. Therefore it is reasonable with further subdivision of this land for future large lot residential purposes that kerb and guttering be installed. Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 67 Visual impacts As previously stated the subject site is highly visible from Clarence Town Road when entering the Dungog township as it is located upon a ridge top and side that has been cleared of native vegetation. Photograph 2 below depicts a view of the site from the south which demonstrates the existing dwelling located upon the site and properties along the northern side of Reservoir Road. The repositioned building envelope will sit at the western end of the property nestled adjacent to an existing clump of trees. Consequently the visual impacts of this repositioned building envelope is considered to be acceptable in this case as it is likely an appropriately designed dwelling can blend with existing dwellings upon the ridge top and being nestled adjacent to existing vegetation. A separate development application will need to be lodged with Council for erection of a dwelling upon this lot ensuring that any dwelling is of an adequate design for this visually prominent locality.

In terms of the impacts onto the Reservoir Road streetscape, as outlined previously, the building envelope is at the western extremity of this street which has urban characteristics and is compatible with the existing dwelling on site which has minimal setbacks and detached dwellings along the northern side of Reservoir Road. Therefore a variation to the front setback is supportable in this instance.

Approx. position of amended building envelope upon subject site

Photograph 2: View of subject site from south

Section 4.15 (1)(c)- The suitability of the site for the development Provided that any adverse effects onto adjoining properties and the locality are minimised, this site is considered suitable for further subdivision. However two conditions, in terms of stormwater runoff and provision of road infrastructure along Reservoir Road need to be maintained so as to avoid any adverse impacts occurring onto this locality.

Section 4.15 (1)(d)- Any submissions made in accordance with this Act or the regulations The Section 4.55 Application was notified and advertised to adjoining landowners in accordance with Council’s Policy. No submissions were received by Council.

Section 4.15 (1)(e) - The public interest It is in the public interest for Council to uphold Council’s Road Management Policy relating to subdivision of land and to ensure appropriate road infrastructure is implemented within urban areas of Dungog.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 68 CONCLUSION

The proposal has been assessed against the matters for consideration in Section 4.55(1A) and 4.15 (1) of the Environmental Planning and Assessment Act 1979 and Section 115 of the Environmental Planning and Assessment Regulation and Dungog Local Environment Plan 2014 and modification to Condition 17 is supportable. Modification to Conditions 11 and 15 (a) is not supported on the basis that an inter allotment drainage system should be implemented to control stormwater runoff within this locality and that adequate road infrastructure is installed within this urban locality in accordance with Council’s Road Management Policy.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 69 ANNEXURE ‘E’

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 70 ANNEXURE ‘F’

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 71 ANNEXURE ‘G’

CONSIDERATION UNDER SECTION 4.15 (1)

The following assessment is based on the matters listed for consideration under Section 4.15(1) of the Environmental Planning and Assessment Act, 1979. a) The provisions of:

(i) any environmental planning instrument;

Local Environmental Plan DUNGOG LOCAL ENVIRONMENTAL PLAN 2014 1 Clause 2.1 - Zoning R5 Large Lot Residential

2 Clause 2.3 - Zone objectives and Land Use Table The amended subdivision proposal is The objectives of the zone are: considered to be inconsistent with zone  To provide residential housing in a objective one as: rural setting while preserving, and minimising impacts on,  The subdivision will not be environmentally sensitive locations minimising impacts on and scenic quality. environmentally sensitive locations  To ensure that large residential lots as adequate drainage and road do not hinder the proper and orderly infrastructure will not be installed development of urban areas in the for this subdivision under the future. modified proposal.  To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.  To minimise conflict between land uses within this zone and land uses within adjoining zones.  To isolate housing from existing intensive agriculture or future intensive agricultural areas.

Land use table

2 Permitted without consent Extensive agriculture; Home occupations; Markets; Roads; Roadside stalls

3 Permitted with consent Bed and breakfast accommodation; Boarding houses; Boat launching ramps; Subdivision of land is permissible Car parks; Cellar door premises; Centre- pursuant to Clause 2.6 Subdivision based child care facilities; Community consent requirements which is detailed facilities; Dual occupancies; Dwelling below. houses; Emergency services facilities; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Farm buildings; Farm stay accommodation; Flood mitigation works; Function centres; Home-based child

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 72 care; Home businesses; Information and education facilities; Jetties; Kiosks; Neighbourhood shops; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Respite day care centres; Rural supplies; Sewerage systems; Signage; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Water recreation structures; Water supply systems

4 Prohibited Any development not specified in item 2 or 3 3 Clause 2.6 Subdivision—consent Development consent for this requirements subdivision was issued by Council on 14 August 2014. The applicant is seeking (1) Land to which this Plan applies may amendment of development consent DA be subdivided, but only with development 170/2013 conditions. consent.

4 Clause 4.1 Minimum Lot Size Council has issued development (1) The objectives of this clause are as consent for subdivision of 2 lots into 3 follows: lots pursuant to DA 170/2013 issued on 14 August 2014. (a) to ensure that subdivision reflects and reinforces the predominant subdivision The subdivision is consistent with these pattern of the area, objectives as: (b) to minimise any likely impact of a) The subdivision is compatible with subdivision and development on the the pattern of surrounding amenity of neighbouring properties, subdivisions that comprise standard (c) to ensure that lot sizes and dimensions residential lots to the north and rural are able to accommodate development style lots to the east and south; consistent with relevant development b) The subdivision and subsequent controls, development of lots to (d) to ensure that lot sizes and dimensions accommodate dwellings is not likely allow dwellings to be sited to protect natural to impact onto the amenity of features and retain special features such as neighbouring properties; trees and views, c) Proposed lots are of sufficient size (e) to protect and enhance waterways by to accommodate a new dwelling as restricting the creation of new riparian rights well as ancillary facilities found through subdivision so as to prevent within this locality; increased direct access onto rivers. d) Natural features including trees can be protected;

Minimum allotment size – 8000 sq. m Min lot size: 8000sq m. after commencement of this plan Lots areas: lot 10 – 4049m2 lot 11 – 4053m2 lot 12 – 5.84 ha

Hence only proposed Lot 12 satisfies the min lot size requirement under the current LEP. The amended subdivision proposal maintains lot sizes and Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 73 dimensions as approved.

During assessment of the original application for the proposed subdivision, Dungog LEP 2014 was still a draft instrument and officers considered the proposed subdivision under the current provisions. It was noted the subdivision was not permissible as two lots were less than 8000 sq m. However given the circumstances of the case, that the subject site adjoins an existing residential zoned area and proposed lots are able to be serviced and the creation of two new lots of approx. 4000 sq m for this subdivision was considered to be acceptable. Hence more weight was given to the provisions of Dungog LEP 2006 that required a min lot size of 2000sq m where a lot can be connected to a reticulated sewerage system.

5 Clause 28(3) – Subdivision of As outlined above, the original development application was lodged Dungog Local Environmental Plan 2006 with Council on 23 December 2013 (3) Consent must not be granted for a before gazettal of Dungog LEP 2014. subdivision of land in Zone 1 (e) or 1 (l) unless: The site was zoned Rural Lifestyle 1(l) under Dungog LEP 2006. The (a) the land to be subdivided has a total subdivision complied with provisions of area of at least 5 hectares, and Clause 28(3) of Dungog LEP 2006 as: (b) only one lot to be created for the a) The subject site had a total area purposes of a dwelling has an area greater over 5 hectares; than 5 hectares, and b) Each lot was over 2000 sq m and (c) any lot to be created for the purposes of proposed dwellings on these lots a dwelling that is not connected to a could be connected to a reticulated reticulated sewerage system has an area of sewerage system. not less than 8,000 square metres, and (d) any lot to be created for the purposes of Consequently the application was a dwelling that is connected to a reticulated supported and approved Council. sewerage system has an area of not less than 2,000 square metres, unless consent for a dwelling (which conforms to design quality principles approved by the Council) on the site is granted concurrently, 6 Clause 6.2 Earthworks (1) The objective of this clause is to ensure The proposal is consistent with this that earthworks for which development objective. consent is required will not have a Works associated with this subdivision detrimental impact on environmental are limited to implementation of suitable functions and processes, neighbouring drainage system, kerb and guttering and uses, cultural or heritage items or shoulder construction along Reservoir features of the surrounding land. Street frontage of the site. Installation of appropriate erosion and sediment control facilities will ensure any earthworks are managed in an acceptable manner so as not to impact onto surrounding lands. Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 74 7 Clause 6.4 - Stormwater management If an inter allotment drainage system is (1) The objective of this clause is to not implemented on site then adverse minimise the impacts of urban environmental impacts will result onto stormwater on land to which this the subject site and adjoining properties clause applies and on adjoining given stormwater and runoff will not be properties, native bushland and adequately controlled. Consequently receiving waters. the proposal is inconsistent with the objective of this control.

2) This clause applies to all land in Potential adverse impacts may result residential, business and industrial onto this property and adjoining lands zones. and the receiving waters unless an (3) Development consent must not be adequate inter allotment drainage granted to development on land to system is installed. which this clause applies unless the consent authority is satisfied that the development: (a) is designed to maximise the use of water permeable surfaces on the land having regard to the soil characteristics affecting on-site infiltration of water, and (b) includes, if practicable, on-site stormwater retention for use as an alternative supply to mains water, groundwater or river water, and (c) avoids any significant adverse impacts of stormwater runoff on adjoining properties, native bushland and receiving waters, or if that impact cannot be reasonably avoided, minimises and mitigates the impact. 8 Clause 6.5 – Drinking Water Catchments 1) The objective of this clause is to protect drinking water catchments by The proposal is inconsistent with the minimising the adverse impacts of objective of this clause as runoff from development on the quality and quantity of the subdivision may be uncontrolled. water entering drinking water storages.

(3) In deciding whether to grant development consent for development on The subject site is located within the land to which this clause applies, the Williams River Drinking Water consent authority must consider the Catchment. Two lots will be connected following: to the reticulated sewerage system and (a) whether or not the development is likely further investigations are necessary to to have any adverse impact on the quality determine a suitable sewer system for and quantity of water entering the drinking proposed Lot 10. water storage, having regard to the following: An adequate drainage system should (i) the distance between the development also be installed to control and direct and any waterway that feeds into the stormwater runoff in a controlled manner drinking water storage, to Slaughterhouse Creek given it (ii) the on-site use, storage and disposal of connects up with Williams River any chemicals on the land, downstream. (iii) the treatment, storage and disposal of waste water and solid waste generated or used by the development, Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 75 (b) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

(4) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that: (a) the development is designed, sited and will be managed to avoid any significant adverse impact on water quality and flows, or (b) if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or (c) if that impact cannot be minimised—the development will be managed to mitigate that impact. 9 6.10 Williams River catchment The proposal is inconsistent with the (1) The objective of this clause is to objective of this clause as runoff from protect and improve the the subdivision will be uncontrolled. environmental quality of the Williams River Catchment. 3) Development consent must not be Council being the consent authority granted to development on land to must considered the potential impacts of which this clause applies unless the this modified subdivision on the Williams consent authority has considered River waterway and it is not satisfied whether the development: that the development will not adversely impact on water quality and flows given (a) promotes the sustainable use of that an adequate drainage system is not land, water, vegetation and other proposed for this modified subdivision. natural resources within the Williams River Catchment, and (b) promotes the protection and improvement of the environmental quality of the Williams River Catchment, and (c) will have any significant adverse impacts on water quality within the Williams River Catchment, and (d) is consistent with the Williams River Catchment Regional Planning Strategy published in September 1997 by the Department of Planning and Environment.

(iii) any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority;

There are no draft environmental planning instruments applying to the site of proposed subdivision.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 76 (iii) any development control plan;

Dungog Development Control Plan No. 1 1 Part C, Section 1 – Residential Development of DCP No.1

The aims of this section of the DCP are:

 To promote residential development, including tourist accommodation, which The proposal is for a large lot is of a high design standard and which residential subdivision that can satisfy is sensitive to and enhances the the aims of this section of the DCP. physical environment and the social Separate applications will be required fabric particular to Dungog Shire. for erection of new dwellings upon two  To accommodate a variety of residential lots in the future. forms to reflect the growing diversity of household types and incomes, lifestyles and tourist needs.  To encourage infill residential development which is compatible with the existing character and which enhances its surroundings.  To optimise the provision of

infrastructure services in the most efficient and effective manner.  To ensure adequate access for the disabled, particularly to medium density and non private residential accommodation.  To provide clear guidelines for residential development in the Dungog Local Government Area  To ensure that residential development does not adversely effect the amenity of the locality  To ensure that residential development

meets the expectations of the community and provides health and safety in housing

 To ensure that development is in keeping with adjacent and surrounding properties and does not detract from development in the locality  To encourage energy efficient design in residential development

1.3 Set Backs Refer to Section 3 for further details. Refer to comments below.

1.4 Water Supply Subdivision should be connected to existing Hunter Water has previously advised reticulated water service in the locality. Council that reticulated water can be provided to RL 103m AHD given its 1.5 Sewerage proximity to Dungog Reservoir 1 and Subdivision should be connected to existing the elevation of the subject land. The reticulated sewer service in the locality. re positioned building envelope upon proposed Lot 11 appears to be located Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 77 below this level and hence water can be provided to a future dwelling upon this lot.

Lot 12 is connected to reticulated sewer and given the slope of the land further investigations and approval of an appropriate system for proposed Lots 10 and 11 will be required and is conditioned accordingly. 1.6 Property Access Future driveways will need to comply with All three lots have direct vehicular relevant Council standards. access off Reservoir Street and no works to establish internal access for any proposed lot is required. 2. Part C, Section 3 – Building Line

The objectives of this control are: The amended building envelope will  to ensure physical separation of satisfy these objectives as: buildings and uses between adjoining  adequate physical separation will be properties that may create community provided between future dwellings conflict. to be erected upon two proposed  to ensure that development maintains lots; the character of the locality.  the existing character of the  to enable guidelines for development to streetscape and locality will be be clear and meet community maintained given limited adjoining expectation. development;  guidelines will not be compromised given the unique circumstances applying to this land. Setbacks of DCP No. 1 sets out the general requirements for building line setbacks in the Rural Lifestyle 1(1) zone.

Front Setback – 50m to public road Proposed Front Setback (15m new road) Lot Proposed Comment Side and Rear – 15m (m) 10 82 complies For lots less than 8000sqm a building 11 10 Variation envelope must be identified with front and sought rear setback a minimum of 50% the width of 12 Approx. 1- 2 Existing the lot to a minimum of 10m and side dwelling setbacks a minimum of 20% of the width of the lot to a minimum of 4m (to ensure that a Proposed Side & Rear Setbacks fire truck can gain access down the side of the allotment). Lot Side(m) Rear Comment (m) 50% width of lot = 25.9m 10 10 west >10 Yes > 10 east 11 10 west >10 Yes 15 east 12 >10 west >10 Yes >10 east

The applicant is seeking a variation to the adopted setback to be provided to

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 78 the building envelope upon proposed Lot 11 for the following reasons:

 Existing dwellings along the northern side of Reservoir Road are only setback 6m off the front property boundary and hence a 50m setback is inconsistent with the existing character of the area;  The existing dwelling upon the site is on an approx. 1-2m front setback and the 10m setback would be more consistent with an existing dwelling;  There are no adjoining properties along the southern side of Reservoir Road where dwellings can be built; and  Placing the building envelope towards the northern edge of Lot 11 will reduce loss of views or vistas from dwellings along the northern side of Reservoir Road

The re positioned building envelope will be positioned 10m off the front and western boundaries of the proposed Lot 11. Consequently no residential properties will be directly opposite this building envelope along the northern side of Reservoir Road. Existing vegetation along the front boundary and within the road reserve and western boundary will screen any proposed dwelling to be erected upon the site from Reservoir Road and SES site to the north west. The existing dwelling on site is positioned on a minimal setback whilst residential zoned properties opposite the site have dwellings erected approx. 6-7m off the front setback. Therefore an additional dwelling at the western extremity of the site is not likely to adversely impact onto the existing streetscape character of this street or locality. It is noted that that Council permits a front setback of 15m along new roads within this zoning. The proposed setback is consistent with the objectives of this control.

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Photograph 1: View of north western corner of subject site

Photograph 2: Existing dwelling upon the site

3 Part C Section 5 Bushfire Section 4.14 of the EP&A Act prevents The subject site is identified as bushfire Council from granting approval for any prone land. development in a bushfire prone area The application has been referred to unless the proposal complies with Planning NSWRFS who have issued GTA’s by for Bushfire Protection 2006 or the correspondence dated 28 August 2018. Commissioner of the NSW Rural Fire These GTA’S are similar to conditions 28 Service (RFS) has been consulted on any and 29 attached to the development non‐compliance. Section 100B of the Rural consent issued on 14 August 2014 and Fires Act 1997 requires that the will remain on amended consent issued Commissioner of the RFS issue a Bush Fire for this subdivision. Safety Authority (BSA) for residential, rural residential or rural subdivision and special Adequate asset protection zones and fire protection purpose developments on other measures can still be implemented bushfire prone land. for this proposed subdivision given the relocated building envelope.

(iiia) any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4;

There are no planning agreements or draft planning agreements applying to the land.

(v) the regulations (to the extent that they prescribe matters for the purposes of this paragraph);

The application has been submitted in accordance with the requirements of Schedule 1 of the Regulations.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 80 f) The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

The likely impacts of the amended subdivision proposal have been considered in the main body of this report, under the heading ‘Consideration of Environmental Impacts’. g) The suitability of the site for the development,

For the reasons discussed in the body of this and the Council report, the subject land is only considered suitable for subdivision provided that adequate road infrastructure, services and adequate drainage system is available and provided to each lot. h) Any submissions made in accordance with the Act or the regulations,

No submissions were received by Council during the advertising period. i) The public interest.

It is in the public interest for Council to uphold Council’s Road Management Policy relating to subdivision of land, objectives of the R5 zone and objectives and provisions relating to stormwater control and drinking water catchments of Dungog Local Environmental Plan 2014 to minimise the impacts of any uncontrolled stormwater runoff within this locality and to ensure appropriate road infrastructure is implemented within urban areas of Dungog.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 81 3. PLANNING PROPOSAL – AMENDMENT TO CLAUSE 4.2a(3)(F) OF DUNGOG LOCAL ENVIRONMENTAL PLAN 2014

FILE NO: EF15/123

H Extract Dungog LEP 2014 – Clause 4.2A

ANNEXURES: I Extract from 2011 and 2013 draft LEP Exhibition

J Draft Planning Proposal

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

OFFICERS RECOMMENDATION:

1. That Council resolve to amend Dungog Local Environmental Plan 2014, pursuant to Section 3.33 of the Environmental Planning and Assessment Act 1979, in order to amend clause 4.2A(3)(f) as follows:

(3) Development consent must not be granted for the erection of a dwelling house or a dual occupancy on land to which this clause applies, and on which no dwelling house or dual occupancy has been erected, unless the lot on which the dwelling is to be erected:

(a) is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land on which the dwelling house or dual occupancy is proposed, or

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

(c) is a lot created before this Plan commenced and:

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

before that commencement, or

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

(e) is an existing holding, or

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

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

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 82 (ii) a subdivision creating or widening a public road or public reserve or for another public purpose, or (iii) a consolidation with an adjoining public road or public reserve or for another public purpose.

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

2. That Council forward the draft planning proposal to the Minister for Planning for Gateway Determination pursuant to Section 3.34 of the EP&A Act 1979.

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

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

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

Precis:

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

Council’s Standard Instrument LEP, Dungog LEP 2014 came into force on 1 June 2014. Clause 4.2A of Dungog LEP 2014 contains provisions relating to the granting of consent for dwelling houses or dual occupancy within the RU1 Primary Production zone, the E3 Environmental Management zone and the E4 Environmental Living zone. A copy of clause 4.2A is included in Annexure ‘H’. Subclause (3)(a) to (f) sets out the criteria that must be met for a dwelling or dual occupancy to be granted consent on vacant land within one of the relevant zones. One of the criteria is if the land is an ‘existing holding’. The term ‘existing holding’ is specifically defined within the clause (see Annexure A).

Subclause (3)(f) provides some flexibility in that a dwelling or dual occupancy can still be granted consent even if the lot or holding has been affected by:

(i) a minor realignment of its boundaries that did not create an additional lot, or (ii) a subdivision creating or widening a public road or public reserve or for another public purpose, or (iii) a consolidation with an adjoining public road or public reserve or for another public purpose. Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

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However, due to the wording of subclause (3)(f), this flexibility does not apply to an existing holding that has been modified as described above. Consequently, a dwelling entitlement is extinguished if an existing holding is affected by a minor realignment of its boundaries or if it is subject to subdivision or consolidation for a public purpose.

For example, if Council undertook road widening that affected a vacant existing holding, upon registration of the new plan of title, the dwelling entitlement would be lost. This is not considered to be a reasonable outcome and therefore it is proposed to amend clause 4.2A(3)(f) to ensure that the provisions for flexibility apply to existing holdings.

During the preparation of draft Dungog LEP 2014, there were two separate public exhibition periods. The draft LEP was exhibited between 28 November 2011 and 24 February 2012 and between 16 May 2013 and 14 June 2013. For both these exhibition periods, the wording of the draft plan would have applied the flexibility to ‘existing holdings’ (See Annexure ‘I’).

When draft Dungog LEP 2014 was forwarded to the NSW Department of Planning and Infrastructure (as it was then known) in December 2013, the flexibility applied to all of subclause (3), including existing holdings. However, the gazetted Dungog LEP 2014 only applies to subclause (3)(a) to (d), and does not include (e), which is the existing holding provision. The reason for this change is unclear, although it may be a result of Parliamentary Council’s review of the draft Plan, and the accompanying Council report which stated that the existing holding must be in the same configuration on July 1 2003 and at the time of lodging a Development Application.

The proposed change is consistent with the way that Dungog LEP 2014 was originally drafted and is similar to a number of other Standard Instrument Local Environmental Plans, including Great Lakes, Gloucester, Muswellbrook, Upper Hunter and Cessnock.

THE PLANNING PROPOSAL

The draft Planning Proposal is included as Annexure ‘J’ and seeks to amend clause 4.2A(3)(f) as follows: …. (f) would have been a lot or a holding referred to in paragraph (a), (b), (c), (d) or (e) had it not been affected by:

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

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

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

THE GATEWAY PROCESS

Should Council resolve to support the Planning Proposal, it will be sent to the Minister for Planning (or his delegate) for a Gateway determination. The Gateway Committee will determine if the Planning Proposal is to proceed and if so, under what circumstances.

It is important to note that a Gateway determination under section 3.34 of the EP&A Act must be obtained authorising a Planning Proposal to proceed before community consultation takes place.

Should a favourable gateway determination be given, then the proposed amendment would be placed on exhibition for public comment. Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 84 PLANNING ASSESSMENT Dungog Local Environmental Plan 2014

The objectives of clause 4.2A of Dungog LEP 2014 are as follows:

(a) to minimise unplanned rural residential development, (b) to enable the replacement of lawfully erected dwelling houses and dual occupancies in rural and environment protection zones.

The clause permits dwelling houses and dual occupancy development on existing holdings and it is unreasonable for a dwelling entitlement to be lost, simply because of a minor realignment of boundaries or as a result of a subdivision or consolidation of land or public purposes.

Should the proposed amendment not be supported, the only option for landowners that have lost a dwelling entitlement would be to seek to have their land included in Schedule 1 of Dungog LEP 2014, which lists additional permitted uses. Clause 2.5 of Dungog LEP 2014 relates to Schedule 1 as follows:

Clause 2.5 - Additional permitted uses for particular land (1) Development on particular land that is described or referred to in Schedule 1 may be carried out: (a) with development consent, or (b) if the Schedule so provides—without development consent, in accordance with the conditions (if any) specified in that Schedule in relation to that development. (2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan. Currently, there are three (3) properties which are listed in Schedule 1 of Dungog LEP 2014. These include individual properties at Common Road, Dungog, Glen Martin Road, Glen Martin and Gresford road, Vacy. All three lots are listed for the purpose of permitting a dwelling house or dual occupancy. Two of the sites (Glen Martin and Vacy) were carried forward from Dungog LEP 2006 and one new site at Common Road was added in response to the public submissions during the drafting of Dungog LEP 2014.

Council has received a Planning Proposal application (see separate report) to include a fourth property in Schedule 1, which would have been an existing holding, had it not been for a boundary adjustment that was registered 2012. Rather than adding land to Schedule 1, it is proposed to amend clause 4.2A of Dungog LEP 2014 to reflect the original intent of the clause.

Local Planning Direction – S9.1 Directions by the Minister The proposal is considered to be consistent with the local planning directions issued by the Minister for Planning. A table summarising the applicability and compliance with each direction is included in the draft Planning Proposal. State Environmental Planning Policies

As the proposal does not relate to a specific site, there are no State Environmental Planning Policies that would be relevant to this proposal. Future development applications would be assessed having regard to:

 State Environmental Planning Policy (Rural Lands) 2008

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 State Environmental Planning Policy 55 – Remediation of Land

 State Environmental Planning Policy 44 –Koala Habitat Protection

 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

Environmental Considerations

The proposed change to the wording of clause 4.2A(3)(f) is not likely to have a significant environmental impact. The environmental impact of development for the purpose of a dwelling house or dual occupancy that is permitted under the clause would be assessed when an individual development application is lodged for a specific site.

EXTERNAL REFERRALS AND COMMUNITY CONSULTATION

The Gateway determination of the Planning Proposal will direct Council as to which government agencies need to be consulted with at the same time as the community is being consulted.

IMPLICATIONS

Environmental

The proposal is unlikely to have a significant environmental impact. The impact that a dwelling house or dual occupancy may have on the environment is assessed when a development application is lodged.

Financial

The proposal has been completed by Council Planning Staff with no additional costs incurred.

Policy

The proposal has been assessed against relevant State Environmental Planning Policies and Ministerial Directions. No unjustified inconsistencies have been identified.

Statutory

The statutory process for preparing an amendment to the Dungog LEP 2014 is detailed in Part 3, Division 3.4 of the Environmental Planning and Assessment Act 1979.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 86 ANNEXURE ‘H’

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Page 91 ANNEXURE ‘J’

COUNCIL’S VISION A vibrant, united community, with a sustainable economy. An area where rural character, community safety and lifestyle are preserved.

PLANNING PROPOSAL

AMENDMENT TO DUNGOG LOCAL ENVIRONMENTAL PLAN 2014

CLAUSE 4.2A ERECTION OF DWELLING HOUSES AND DUAL OCCUPANCIES ON LAND IN CERTAIN RURAL AND ENVIRONMENT PROTECTION ZONES

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Prepared by Dungog Shire Council November, 2018

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CONTENTS

INTRODUCTION

BACKGROUND

PART 1: Objective of the Planning Proposal

PART 2: Explanation of Provisions

PART 3: Justification of Provisions

Section A: Need for Planning Proposal

Section B: Relationship to Strategic Planning Framework

Section C: Environmental, Social and Economic Impact

Section D: State and Commonwealth Interests

PART 4: Mapping

PART 5: Community Consultation

PART 6: Project Timeline

ATTACHMENTS

Attachment A: Clause 4.2A Dungog Local Environmental Plan 2014

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 94 INTRODUCTION

This Planning Proposal provides an explanation of the intended effect and justification for the amendment to Clause 4.2A - Erection of dwelling houses and dual occupancies on land in certain rural and environment protection zones of the Dungog Local Environmental Plan 2014 (LEP 2014).

The Planning Proposal has been prepared in accordance with section 3.33 of the Environmental Planning and Assessment Act 1979 and the format specified within the relevant Department of Planning Guidelines including ‘A Guide to Preparing Local Environmental Plans’ and ‘A Guide to Preparing Planning Proposals’.

BACKGROUND

Council’s Standard Instrument LEP, Dungog LEP 2014 came into force on 1 June 2014. Clause 4.2A of Dungog LEP 2014 contains provisions relating to the granting of consent for dwelling houses or dual occupancy within the RU1 Primary Production zone, the E3 Environmental Management zone and the E4 Environmental Living zone. A copy of clause 4.2A is included in Attachment A. Subclause (3)(a) to (f) sets out the criteria that must be met for a dwelling or dual occupancy to be granted consent on vacant land within one of the relevant zones. One of the criteria is if the land is an ‘existing holding’. The term ‘existing holding’ is specifically defined within the clause.

Subclause (3)(f) provides some flexibility in that a dwelling or dual occupancy can still be granted consent even if the lot or holding has been affected by:

(iv) a minor realignment of its boundaries that did not create an additional lot, or (v) a subdivision creating or widening a public road or public reserve or for another public purpose, or (vi) a consolidation with an adjoining public road or public reserve or for another public purpose.

However, due to the wording of subclause (3)(f), this flexibility does not apply to an existing holding that has been modified as described above. Consequently, a dwelling entitlement is extinguished if an existing holding is affected by a minor realignment of its boundaries or if it is subject to subdivision or consolidation for a public purpose.

PART 1: OBJECTIVE OF THE PLANNING PROPOSAL

Objective

This Planning Proposal seeks to enable an ‘existing holding’ to be modified by a minor realignment of its boundaries (no new lots created), or modified through a subdivision or consolidation with adjoining land for a public purpose, without extinguishing a dwelling entitlement.

PART 2: EXPLANATION OF PROVISIONS

The Planning Proposal will achieve the objective by amending clause 4.2A(3)(f) of Dungog LEP 2014 as follows:

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 95 4.2A Erection of dwelling houses and dual occupancies on land in certain rural and environment protection zones (1) The objectives of this clause are as follows: (a) to minimise unplanned rural residential development, (b) to enable the replacement of lawfully erected dwelling houses and dual occupancies in rural and environment protection zones. (2) This clause applies to land in the following zones: (a) Zone RU1 Primary Production, (b) Zone E3 Environmental Management, (c) Zone E4 Environmental Living. (3) Development consent must not be granted for the erection of a dwelling house or a dual occupancy on land to which this clause applies, and on which no dwelling house or dual occupancy has been erected, unless the lot on which the dwelling is to be erected: (a) is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land on which the dwelling house or dual occupancy is proposed, or (b) is a lot created under this Plan (other than under clause 4.1B or clause 4.2 (3)), or (c) is a lot created before this Plan commenced and: (i) the erection of a dwelling house was permissible on that lot, and (ii) no development standards limiting the power to grant development consent for the erection of a dwelling house applied to that lot, before that commencement, or (d) is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house or a dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or (e) is an existing holding, or (f) would have been a lot or a holding referred to in paragraph (a), (b), (c), (d) or (e) had it not been affected by: (i) a minor realignment of its boundaries that did not create an additional lot, or (ii) a subdivision creating or widening a public road or public reserve or for another public purpose, or (iii) a consolidation with an adjoining public road or public reserve or for another public purpose. Note. A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2. (4) Development consent may be granted for the erection of a dwelling house or a dual occupancy on land to which this clause applies if there is a lawfully erected dwelling house or dual occupancy on the land and the dwelling house or dual occupancy to be erected is intended only to replace the existing dwelling house or dual occupancy. (5) In this clause:

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Page 96 existing holding means land that: (a) was a holding on 1 July 2003, and (b) is the same holding at the time of lodging a development application under this clause, whether or not there has been a change in the ownership of the holding since 1 July 2003. holding means all adjoining land, even if separated by a road, river or railway, held by the same person or persons. Note. The owner in whose ownership all the land is at the time the application is lodged need not be the same person as the owner in whose ownership all the land was on the stated date.

PART 3: JUSTIFICATION of PROVISIONS

Section A: Need for Planning Proposal

1. Is the planning proposal a result of any strategic study or report

This Planning Proposal is not a result of a strategic study or report. It is noted that when the Standard Instrument LEP for Dungog (now Dungog LEP 2014) was being prepared, both exhibition drafts included provision for an existing holding to be modified by a minor realignment of its boundaries, or modified through a subdivision or consolidation with adjoining land for a public purpose, without extinguishing its dwelling entitlement. Extracts of the exhibited versions of clause 4.2A are included in Attachment B.

2. Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way?

The Planning Proposal is the best means for Council to enable existing holdings to be modified by a minor realignment of its boundaries, or be modified through a subdivision or consolidation with adjoining land for a public purpose, without extinguishing a dwelling entitlement.

Alternatively, existing holdings that have lost their dwelling entitlement through minor boundary realignment or subdivision or consolidation for a public purpose would need to apply to be listed in Schedule 1 – Additional permitted uses, in order for a dwelling or dual occupancy to remain permissible with consent.

Council has received a draft Planning Proposal and request from a landowner seeking to be included in Schedule 1 of Dungog LEP 2014, due to a dwelling entitlement on an existing holding being lost as a result of a boundary adjustment. An amendment to clause 4.2A(3)(f) is the preferred option as opposed to including land within Schedule 1.

Section B: Relationship to Strategic Planning Framework

1. Is the planning proposal consistent with the objectives and actions of the applicable regional or sub-regional strategy including exhibited draft strategies)?

The Hunter Regional Plan 2036 applies to Dungog Local Government Area. The Planning Proposal seeks to amend clause 4.2A of Dungog LEP 2014 to ensure that ‘existing holdings’ do not lose their dwelling entitlement as a result of a minor realignment of boundaries or a subdivision or consolidation with adjoining land for a public purpose. The proposal does not reflect the actions of Direction 21: Create a

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Page 97 compact settlement, as the Planning Proposal relates to rural and environmental zoned land. However, the proposal applies to lots that would have a dwelling entitlement as an ‘existing holding’ and therefore would not be creating additional opportunities for dwellings in rural areas.

The proposal is consistent with Action 22.1, which seeks to respond to the demand for housing and services for weekend visitors, students, seasonal workers, the ageing community and resource industry personnel by retaining dwelling entitlements. The Proposal is also consistent with Action 22.2 which seeks to encourage housing diversity, including studios and one and two bedroom dwellings to match forecast changes in household sizes. It is also noted that the Hunter Regional Plan identifies a projected increase of 400 new dwellings in Dungog LGA by 2036. The proposed LEP amendment would contribute towards achieving this goal by maintaining dwelling entitlements that would otherwise be lost, if subject to minor boundary realignments.

2. Is the Planning Proposal consistent with a council’s local strategy or other local strategic plan?

Dungog Shire Council does not have a Department of Planning endorsed local planning strategy. However, the Dungog Shire Council Community Strategic Plan 2012-2030 (CSP) identifies the community’s main priorities and aspirations for the future. The CSP incorporates seven focus areas that have been established following engagement with the community:

1. Natural Environment 2. Local Economy 3. Community and Culture 4. Rural and Urban Development 5. Recreation and Open Space 6. Public Infrastructure and Services 7. Dungog Shire Council Governance and Finance

For rural and urban development, the CSP sets a goal for achieving growth through ‘a balanced mix of development which acknowledges our unique scenic qualities, rural amenity and country lifestyle”. Relevant strategies for achieving this are to:

 Ensure that there is adequate land supply to accommodate future expected population growth.

 Maintain a long term planning approach that caters for diversity and choice in rural and village living.

The Planning Proposal is consistent with Council’s Community Strategic Plan in that it proposes to retain rural dwelling entitlements that may otherwise be lost, and in doing so contributes to the supply of land for population growth and provides for diversity and choice in rural living.

3. Is the Planning proposal consistent with applicable state environmental planning policies (SEPPs)?

An assessment has been undertaken to determine the level of consistency the Planning Proposal has with relevant State Environmental Planning Policies (SEPPs). The assessment is provided below:

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SEPPs Relevance Implications SEPP No.44 – Koala Habitat This Policy encourages the This Planning Proposal does Protection proper conservation of not apply to a specific site and vegetation that provides habitat therefore an assessment of for koalas Koala habitat cannot be undertaken. This would be required when individual development applications are lodged. SEPP No. 55 – Remediation of This Policy aims to promote the This Planning Proposal does Land. remediation of contaminated not apply to a specific site and land for the purpose of therefore an assessment of reducing the risk of harm to potential contamination cannot human health or any other be undertaken. This would be aspect of the environment. required when individual development applications are lodged. State Environmental Planning This Policy aims to facilitate the The proposed amendment to Policy (Rural Lands) 2008 orderly and economic use and the LEP relates only to parcels development of rural lands for of land which are/were rural related purposes, to considered to be existing identify Rural Planning holdings. The opportunity for Principles so as to assist in the additional rural dwellings is proper management, therefore limited. development and protection of rural lands and to implement measures to reduce land use conflict.

4. Is the Planning proposal consistent with applicable Ministerial Directions (s9.1 directions)?

The following assessment of the proposal has been undertaken against the relevant Section 9.1 Directions:

Direction Requirement Proposal Consistency 1.2 Rural Zones A Planning Proposal The Planning Proposal Consistent must not rezone land does not seek to from a rural zone to a rezone land. residential, business, industrial, village or tourist zone. 1.5 Rural Lands A Planning Proposal The Planning Proposal Consistent must be consistent with seeks to amend the Rural Planning clause 4.2A of DLEP Principles and Rural 2014, which relates to Subdivision Principles RU1, E3 and E4 listed in SEPP (Rural zoned land. However, Lands) 2008 the amendment does not relate to minimum lot sizes. 2.1 Environment A Planning Proposal The Planning Proposal Consistent Protection Zones must include provisions relates to E3 and E4 that facilitate the zones. All existing protection and environmental conservation of protection provisions environmentally within the LEP will sensitive areas and remain unchanged. must not reduce the environmental protection standards that apply to the land.

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2.3 Heritage A Planning Proposal All existing heritage Consistent Conservation must contain provisions conservations that facilitate heritage provisions within the conservation LEP will remain unchanged. 2.4 Recreation Vehicle A Planning Proposal The Planning proposal Consistent Areas must not enable land to does not relate to be developed for the recreation vehicle purpose of a recreation areas. vehicle area within an environmental protection zone, beach or dune. 3.2 Caravan Parks and A Planning Proposal The Planning proposal Consistent Manufactured Home must take into account does not relate to Estates permissibility of caravan caravan parks and parks and manufactured manufactured home home estates. estates or propose any zone changes. 3.3 Home Occupations A Planning Proposal The Planning Proposal Consistent must permit home does not relate to the occupations to be permissibility of home carried out in dwelling occupations, which houses without the need would remain for development permissible without consent. consent 4.4 Planning for Bushfire Consultation required The Planning Proposal Consultation to be Protection with NSW RFS following relates to the undertaken if Gateway determination. permissibility of required by Must have regard to dwelling houses in Gateway Planning for Bushfire rural and determination. Protection (PBP). environmental zones. The provisions of Although specific sites PBP are required are not known, it is to be considered likely that at least as part of DA some affected sites assessment. would be mapped as bush fire prone land. 5.10 Implementation of Planning Proposal must Planning proposal is Consistent Regional Plans be consistent with a consistent with action Regional plan released 22.1 and 22.2. by the Minister for Planning. 6.1 Approval and A Planning Proposal The Planning Proposal Consistent Referral Requirements must minimise does not include any provisions that require referral requirements concurrence, or nominate consultation or referral designated of DA s to a minister or development. public authority and must not identify development as designated development. 6.2 Reserving land for This Direction includes The Planning Proposal Consistent Public Purposes requirements when land does not relate to the is to be reserved for reservation of land for public purposes. public purposes. 6.3 Site Specific This direction applies to The Planning Proposal Consistent Provisions a Planning Proposal that does not relate to site will allow a particular specific provisions. development to be However, Council has carried out. received a Planning Proposal to include a

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site specific provision for land that lost its existing holding status and dwelling entitlement as a result of a minor boundary adjustment. The proposed amendment to Dungog LEP 2014 seeks to rectify this issue with the LEP, rather than deal with site specific proposals.

Section C: Environmental, Social and Economic Impact

5. Is there any likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats, will be adversely affected as a result of the proposal?

The Planning Proposal does not relate to a specific site and therefore no test of significance, as set out in Section 7.3 of the Biodiversity Conservation Act 2016, has been undertaken. This matter would need to be considered when individual development applications for dwellings or dual occupancy are lodged over specific sites.

6. Are there any other likely environmental effects as a result of this planning proposal and how are they proposed to be managed?

As the Planning Proposal does not relate to a specific site the extent of environmental impact is not known. This would need to be considered when individual development applications are lodged over specific sites.

7. How has the planning proposal adequately addressed any social and economic effects?

The Planning Proposal is expected to have a minor, yet positive impact on social and economic by enabling dwelling entitlements to be retained, despite minor changes to lot configurations caused by realignment of boundaries or by a subdivision or consolidation with adjoining land for a public purpose.

Section D: State and Commonwealth Interests

8. Is there adequate public infrastructure for the Planning Proposal?

The Planning Proposal does not relate to a specific site. This matter would need to be considered when individual development applications are lodged over specific sites. Given that the proposal relates to the permissibility of dwelling houses and dual occupancy development, it is unlikely that the demand for public infrastructure would be significantly increased.

9. What are the views of state and commonwealth public authorities consulted in accordance with the gateway determination?

Consultation with any state or commonwealth public authority will be undertaken in accordance with the Gateway determination.

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PART 4: MAPPING

No LEP mapping changes are required as a result of the Planning Proposal.

PART 5: COMMUNITY CONSULTATION

10. Details of the community consultation that is to be undertaken on the planning proposal

The requirements for community consultation would be undertaken in accordance with the Gateway determination.

PART 6: PROJECT TIMELINE

The project timeline will be updated post Gateway Determination and is subject to the requirements of the Gateway Determination. A preliminary timeline is provided below.

Task Timeframe Commencement Date – Gateway December 2018 Determination Timeframe for completion of No further technical information is technical information likely required Government Agency Consultation December 2018 – January 2019 if required Commencement and completion December 2018 – January 2019 Dates for Public Exhibition Period Dates for Public Hearing Public Hearing unlikely to be required Timeframe for consideration of March 2019 Submissions Timeframe for consideration of a May 2019 proposal post exhibition Submission to Department to June 2019 finalise LEP

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

FILE NO: 171/82/44

K Extract Dungog LEP 2014 – Clause 4.2A ANNEXURES: L Draft Planning Proposal

AUTHOR: Senior Town Planner/Development Officer

APPLICANT: Perception Planning Pty Ltd

OWNER: FRD Investments Pty Ltd Amendment of Dungog Local Environmental Plan 2014 Schedule 1 PROPOSAL: ‘Additional Permitted Uses’ to include Lot 2 DP 1176357 for the Purpose of a Dwelling House LOCATION: Lot 2 DP 1176357, Ebsworth Road, Clarence Town

ZONE: Ru1 Primary Production

OFFICERS RECOMMENDATION

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

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

Precis:

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

******** The proposal would enable a dwelling house to be permissible with consent under Dungog LEP 2014, where the site currently does not benefit from a dwelling entitlement. The proposed amendment to Dungog LEP 2014 has been assessed having regard to the relevant local and regional strategic planning framework and it is recommended that the Planning Proposal is not supported. However, it is recommended that Council support an amendment to Clause 4.2A(3)(f) of Dungog LEP 2014 (see separate report), which would provide more flexibility regarding the permissibility of dwellings or dual occupancies on existing holdings.

BACKGROUND

Perception Planning Pty Ltd has lodged a Planning Proposal seeking to provide the subject land (Lot 2 DP 1176357) with a dwelling entitlement. The site is identified as Lot 2 DP 1176357 and has frontage to Ebsworth Road, which is an unsealed, Council maintained road. The site is approximately 33.6ha in area and is zoned RU1 Primary Production under Dungog LEP 2014. The subject site contains a farm shed/outbuilding associated with the Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 103 agricultural activities of the site. The majority of the subject site is cleared, managed land, with bushland vegetation located in the south eastern portion of the site. There are also a number of dams located within the site. The subject site is bound by Ebsworth Road to the west, and is surrounded by a variety of rural and rural residential properties. The land adjoining to the south east, is located within the Mid-Coast Local Government Area.

The owner of the land has been advised by Council planning staff that the land does not benefit from a dwelling entitlement as it does not meet the criteria outlined in Clause 4.2A of Dungog LEP 2014 for the erection of a dwelling house or dual occupancy. A copy of Clause 4.2A of Dungog LEP 2014 is included as Annexure ‘K’.

There is extensive history associated with the site as follows:

15th August 1997 – A four (4) lot subdivision was approved under clause 23 of Dungog LEP 1990 (and subject to a SEPP 1 variation), which created proposed lots 19, 20, 21 and 22. Proposed lot 19 had an existing dwelling on the land and proposed lots 20 and 21 were approved with building envelopes, for the purpose of a dwelling. Proposed lot 22 was approved as what appears to be a residue lot and was not created for the purpose of a dwelling.

24th March 1999 – The four (4) lot subdivision was registered creating DP 884361.

8th August 2000 – DA154/2000 was granted development consent and a construction certificate for the erection of a shed on Lot 22 DP 884361. The consent was subsequently modified on 27 September 2000.

5th February 2005 – the owner of Lot 22 wrote to Council asking whether the land held a building entitlement and whether the land could be subdivided along the crown road reserve. Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 104 On 14th February 2005, Council advised that it was unable to confirm that a dwelling approval would be granted prior to lodgement of an application and that further subdivision (with dwelling entitlement) would not be permissible as the minimum lot size could not be met.

18th July 2006 – Council returned a development application for a dwelling on the subject land, advising that it would be necessary to demonstrate that the allotment complied with Dungog LEP 2006 clause 27(7) or with the Vacant Holding provisions and undertake an LEP amendment prior to lodging a development application for a dwelling.

18th July 2006 - Council received an enquiry regarding the permissibility of dwelling on Lot 22. Council advised that the site did not meet minimum lot size and it would be necessary to demonstrate that the allotment complies with Dungog LEP 2006 clause 27(7) or with the Vacant Holding provisions and undertake an LEP amendment prior to lodging a development application.

2nd August 2006 – Council responded to another enquiry regarding Lot 22 and advised that an LEP amendment would be required prior to approval of a dwelling house.

30th August 2006 - Council responded to a further enquiry regarding Lot 22 and advised that an LEP amendment would be required prior to approval of a dwelling house.

24th February 2007 – The owner of Lot 21 wrote to Council seeking advice in relation to purchasing a portion of the neighbours land (Lot 22). Council responded on 7th March 2007 advising that a development application could be lodged for a boundary adjustment.

5th October 2007 – A request was received to make an appointment with Council’s rezoning panel to discuss options for lodging a DA under the Vacant Holdings provisions of Dungog LEP 2006. On 9th October 2007 there is a file note stating this request is on hold until end of October, pending a response from rezoning panel.

22nd February 2008 - Lot 22 was purchased by FRD Investments Pty ltd (the current owner).

25th November 2008 – An enquiry was received asking Council to confirm that Lot 22 DP 884361 is classified as a ‘vacant holding’.

3rd December 2008 – Council replied advising that a dwelling may only be permissible if it is demonstrated that the allotment is a vacant holding under the LEP 2006. Council also advised that a draft LEP amendment had been lodged with the NSW Department of Planning which, if gazetted may enable a dwelling to be permissible without undertaking a ‘vacant holding’ application.

30th April 2010 – FRD Investments Pty Ltd applied and paid for Council to undertake a Bushfire Assessment for the site for the purpose of a vacant holding. The bushfire report was completed by a Council Officer.

2nd May 2011 – A Development Application was lodged for a Boundary Adjustment between Lot 22 and Lot 21 DP 884361, with FRD Investments Pty Ltd agreeing to transfer approximately 4.8 hectares of land from Lot 22 to Lot 21. The applicant for the DA was Ken Edwards, owner of Lot 21.

2nd May 2011 – Council’s Town Planner wrote a file note that indicated that when the applicant lodged the DA for the boundary adjustment, it was one the basis that they believed that the Standard Instrument LEP would provide Lot 22 with the opportunity for a dwelling entitlement and that they therefore wouldn’t need to lodge a vacant holding application. Council’s Officer advised that until the Standard Instrument LEP was a public document, it couldn’t be guaranteed that it would reinstate a dwelling entitlement for Lot 22. In particular, whether the boundary adjustment would have an impact on whether Lot 22 would gain a dwelling entitlement. Council’s Officer advised that they could get approval of the boundary Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 105 adjustment, but wait until the provisions to the Standard Instrument LEP were known prior to finalising and registering the boundary adjustment to ensure that it did not affect the ability of Lot 22 to gain approval for a dwelling.

17th May 2011 – Development Consent 17/2011 was granted for the boundary adjustment.

2nd December 2011 – An application to modify DA17/2011 was lodged, which sought to delete a number of the conditions of consent on the basis that there was no dwelling entitlement on Lot 22. This was approved on 2 February 2012.

2nd April 2012 – Council issued a Subdivision Certificate for the boundary adjustment, which was registered on 26th July 2012.

2nd August 2014 – Council received an enquiry from the owner of the property asking whether the subject site now has a building entitlement under Dungog LEP 2014.

22nd September 2014 – Council responded to the enquiry advising that clause 4.2A of Dungog LEP 2014 is applicable and that Council’s records suggests that the subject lot would not satisfy the provisions of the clause as the property does not meet the minimum lot size requirement, it was not the result of a subdivision for which the erection of a dwelling house would have been permissible, and the lot does not comprise an existing holding. As such, it would appear based on the current information that Council would be unable to consent to the erection of a dwelling-house on the subject lot. It should be noted that the lot would have been an existing holding had it not been for the registration of the boundary adjustment in 2012.

28 February 2018 – The current Planning Proposal was lodged with Council seeking to permit a dwelling house to be erected on the land by including Lot 2 DP 1176357 in Schedule 1 of Dungog LEP 2014 as an Additional Permitted Use.

THE PLANNING PROPOSAL

Perception Planning have submitted a draft Planning Proposal for the proposed amendment of Dungog LEP 2014, Schedule 1 - Additional Permitted Uses, to include the subject site (Lot Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 106 2 DP 1176357) for the purpose of permitting a dwelling house, with consent. A copy of the Planning Proposal is included as Annexure ‘L’.

The subject site is vacant of residential development, currently zoned Primary Production RU 1, and 33 ha in size. The land does not currently have a dwelling entitlement under Dungog LEP 2014 and development consent cannot be granted for a dwelling pursuant to Clause 4.2A of Dungog LEP 2014. It is noted that the land would have had a dwelling entitlement as an ‘existing holding’ under clause 4.2 A(3)(e) of Dungog LEP 2014, had it not been for the registration of a boundary adjustment with the neighbouring property to the south in July 2012.

The submitted planning proposal states:

“The proposed dwelling entitlement will facilitate one additional dwelling to the current vacant holding of Lot: 2 DP: 1 176357, which will benefit the housing stock available in the Clarence Town subregion, and be within commuting distance to Newcastle CBD (approximately 50mins).

This proposal is simply to allow a dwelling entitlement on the subject site for the purpose of future rural residential development and subsequent management of the land. This proposal is most viable to the client given the low impact of the proposal, and the desire to build on the clients' land. Precautions have been taken which has resulted in the preliminary studies on bushfire. Further studies for a waste water management plan will be conducted post gateway determination for this proposal. An example of a building envelope layout has been provided below to demonstrate the practicality and feasibility of the planning proposal and future development”.

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Page 107 While the suitability of the site for a dwelling is not in dispute, the proposed inclusion of the land within Schedule 1 of Dungog LEP 2014 is not supported. The LEP Practice Notes issued by the NSW Department of Planning in March 2011, explains that Councils may insert a list of additional permitted uses in Schedule 1 for particular land, e.g. by lot and DP number. However, listings in the LEP Schedule 1 should be minimised, with appropriate justification provided to the Department for any inclusions. Wherever possible, land uses should be governed by the Land Use Table and Schedule 1 should only be used where Council has demonstrated why this cannot be achieved.

The applicant has put forward a case that the subject site is unique due to the fact that the owners (FRD Investments Pty Ltd) had already started the vacant holding rezoning process under a previous LEP. The owner had completed the vacant holding application forms and paid Council to carry out the bushfire assessment. At that stage Council were acting as a consultant and completing the bushfire reports for owners for rezoning applications. The owners were of the understanding that the shire wide Standard Instrument LEP would likely resolve the issue for them and they determined to put their site-specific application on hold. In 2011, Council staff provided advice (to the owner of Lot 21 who was the applicant for the boundary adjustment with Lot 22) that a proposed boundary adjustment could impact on a potential dwelling entitlement under the Standard Instrument LEP for Lot 22, despite this advice the boundary adjustment was still registered.

The draft Planning Proposal suggests that the proposal would return a dwelling entitlement that was only lost because the owner carried out a minor boundary adjustment, not knowing or being aware that it would void their 'existing holding' status. The draft Planning Proposal also suggests that the unique circumstances of the site and its history would ensure that a precedent would not be set by including the site in Schedule 1 of the LEP in order to permit a dwelling house.

It is not considered that the application provides adequate strategic justification for including the land in Schedule 1 of Dungog LEP 2014. There are a number of rural properties within Dungog LGA that do not currently have a dwelling entitlement and it would create an undesirable precedent if Council were to begin adding properties to Schedule 1. However, there is merit in reviewing the terms of Clause 4.2A in regard to how it deals with existing holdings and the realignment of property boundaries. A separate report addresses a proposed amendment to Clause 4.2A of Dungog LEP as it relates to dwelling entitlements and existing holdings.

THE GATEWAY PROCESS

Should Council resolve to support the draft Planning Proposal, it will be sent to the Minister for Planning (or his delegate) for a Gateway determination. The Gateway Committee will determine if the Planning Proposal is to proceed and if so, under what circumstances.

If the draft Planning Proposal is not supported by Council, The proponent may apply to the Department of Planning for a Pre-Gateway Review of the Planning Proposal, which if eligible, is undertaken by the Hunter Central Coast Joint Regional Planning Panel.

PLANNING ASSESSMENT Dungog Local Environmental Plan 2014 The subject site is zoned RU1 Primary Production under Dungog LEP 2014. Dwelling houses are listed as permissible with consent, in the RU1 Primary Production zone. However, Clause 4.2A (Annexure ‘K’) provides specific provisions which must be met in order for consent to be granted. The subject land does not satisfy the provisions of Clause 4.2A and therefore Council cannot grant consent to the erection of a dwelling house on the land. The provisions of Clause 4.2A(3) are summarised as follows:

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4.2A(3) Development consent must not be granted for the erection of a dwelling house or a dual occupancy on land to which this clause applies, and on which no dwelling house or dual occupancy has been erected, unless the lot on which the dwelling is to be erected: (a) is a lot that is at least the minimum lot The site has an area of 33 hectares and size shown on the Lot Size Map in relation to does not meet the minimum lot size of 60 that land on which the dwelling house or dual hectares for the RU1 Primary Production occupancy is proposed, or zone.

(b) is a lot created under this Plan (other The Lot was created in 2012 and was not than under clause 4.1B or clause 4.2 (3)), or created under Dungog LEP 2014.

(c) is a lot created before this Plan The lot was created before Dungog LEP commenced and: 2014 commenced, although a dwelling house (i) the erection of a dwelling house was was not permissible on the land under the permissible on that lot, and previous Dungog LEP 2006, clause 27. (ii) no development standards limiting the power to grant development consent for the erection of a dwelling house applied to that lot, before that commencement, or

(d) is a lot resulting from a subdivision for N/A – the lot was registered prior to the which development consent (or equivalent) commencement of LEP 2014. was granted before this Plan commenced and on which the erection of a dwelling house or a dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or

(e) is an existing holding, or The Lot is not an existing holding due to the existing holding means land that: registration of the boundary adjustment in 2012. (a) was a holding on 1 July 2003, and (b) is the same holding at the time of lodging a development application under this clause, whether or not there has been a change in the ownership of the holding since 1 July 2003. holding means all adjoining land, even if separated by a road, river or railway, held by the same person or persons. Note. The owner in whose ownership all the land is at the time the application is lodged need not be the same person as the owner in whose ownership all the land was on the stated date.

(f) would have been a lot or a holding N/A referred to in paragraph (a), (b), (c) or (d) It is noted that this clause does not apply to had it not been affected by: (e) ‘Existing Holdings’ and therefore the lot is

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Page 109 (i) a minor realignment of its boundaries that not an existing holding as it was affected by a did not create an additional lot, or boundary adjustment in 2012. (ii) a subdivision creating or widening a public road or public reserve or for another public purpose, or (iii) a consolidation with an adjoining public road or public reserve or for another public purpose.

As a dwelling is not permissible on the site, the Planning Proposal seeks to include the property in Schedule 1 of the LEP. Clause 2.5 relates to Schedule 1 as follows:

Clause 2.5 - Additional permitted uses for particular land (1) Development on particular land that is described or referred to in Schedule 1 may be carried out: (a) with development consent, or (b) if the Schedule so provides—without development consent, in accordance with the conditions (if any) specified in that Schedule in relation to that development. (2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan. Currently, there are three (3) properties which are listed in Schedule 1 of Dungog LEP 2014. These include individual properties at Common Road, Dungog, Glen Martin Road, Glen Martin and Gresford road, Vacy. All three lots are listed for the purpose of permitting a dwelling house or dual occupancy. Two of the sites (Glen Martin and Vacy) were carried forward from Dungog LEP 2006 and one new site at Common Road was added in response to the public submissions during the drafting of Dungog LEP 2014.

If the draft Planning Proposal is supported by Council and the NSW Department of Planning, the subject site, being Lot 2 DP 1176357 would be added to Schedule 1, in order to permit a dwelling house or dual occupancy, with consent. Local Planning Direction – S9.1 Directions by the Minister The draft proposal has been considered having regard to the Directions issued by the Minister for Planning under Section 9.1 of the EP&A Act. The draft Planning Proposal has identified that there are some minor inconsistencies with the Directions and has not addressed Direction 6.3 – Site Specific Provisions. Direction 6.3 applies when a relevant planning authority prepares a planning proposal that will allow a particular development to be carried out. In these cases, a planning proposal that will amend another environmental planning instrument in order to allow a particular development proposal to be carried out must either: (a) allow that land use to be carried out in the zone the land is situated on, or (b) rezone the site to an existing zone already applying in the environmental planning instrument that allows that land use without imposing any development standards or requirements in addition to those already contained in that zone, or (c) allow that land use on the relevant land without imposing any development standards or requirements in addition to those already contained in the principal environmental planning instrument being amended.

Rather than adding the subject site as a site specific provision, it is recommended that the terms of clause 4.2A(3) are modified to enable the minor realignment of boundaries on existing holdings without extinguishing dwelling entitlements. This is discussed further in a separate Council report to the November meeting.

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Page 110 State Environmental Planning Policies

The following State Environmental Planning Policies are applicable to the proposed LEP amendment:

 State Environmental Planning Policy (Rural Lands) 2008  State Environmental Planning Policy 55 – Remediation of Land

In addition, the following State Environmental Planning Policies would be applicable to a development application for a dwelling on the site:

 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004  State Environmental Planning Policy 44 –Koala Habitat Protection

Environmental Considerations

Any future development of the site for the purpose of a dwelling would need to be considered in accordance with Section 4.15 of the EP&A Act. In particular, a development application for a dwelling would need to comply with:

 Planning for Bushfire Protection 2006  Biodiversity Conservation Act  On Site Sewage Management

It is likely that there is sufficient cleared area within the site to accommodate a dwelling, although further assessment would be required if a development application is lodged.

EXTERNAL REFERRALS AND COMMUNITY CONSULTATION

A Gateway determination under section 3.34 of the EP&A Act must be obtained authorising a Planning Proposal to proceed before community consultation takes place. The Gateway determination directs Council as to which government agencies need to be consulted with at the same time as the community is being consulted.

IMPLICATIONS

Environmental

The draft Planning Proposal is unlikely to have significant environmental impacts. Specific impacts would be considered as part of the development application assessment, should the draft Planning Proposal be successful.

Financial

In accordance with Council’s Fees and Charges 2018-2019, the fee for a simple site specific rezoning where there are a limited number of issues and a limited local impact is $3000 at the lodgement of the application. A further $3000 is payable after the Gateway Determination. The applicant has paid the initial $3000 fee. No further fee would be payable to Council if the planning proposal is not supported.

Policy

The inclusion of additional permitted uses into the LEP in an ad hoc manner is not supported. However, it is considered that there is merit in amending the wording of Clause 4.2A(3)(f) of Dungog LEP 2014 to enable minor boundary realignments to occur without extinguishing dwelling entitlement on existing holdings.

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Page 111 Statutory

The statutory process for preparing an amendment to the Dungog LEP 2014 is detailed in Part 3, Division 3.4 of the Environmental Planning and Assessment Act 1979. If the Planning Proposal is not supported, the applicant has to option to request a review of the determination, known as a Pre-Gateway Review.

CONCLUSION

That Council not support the site specific rezoning proposal as submitted.

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

FILE NO: TPA 153/2017

ANNEXURES: M Proposed Conditions of Consent

AUTHOR: Garry Warnes, Town Planner

APPLICANT: Graeme Ferguson

OWNER: Mr M & Mrs R L Burgmann

PROPOSAL: Staged 2 Lots into 3 Lots Subdivision LOT: 303 DP: 1199434, LOT: 302 DP: 1199434, 133 Lennoxton LOCATION: Road VACY, 163 Lennoxton Road VACY

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

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

Precis:

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

*********

The development application is reported to Council for determination due to conflict between Council’s adopted DCP 1/LAP A6 for Vacy and the terms of Council’s Local Environmental Plan (LEP)2014 and with the provisions of the Environmental Planning and Assessment Act 1979 relating to conflict between Environmental Planning Instruments and Development Control Plans.

LAP A6 for Vacy provides that no further subdivision of lands occur within the area covered by the LAP however Council’s LEP 2014 provides that the lands may be subdivide with the consent of Council as proposed in this development application.

A thorough assessment of the development application has been undertaken in accordance with the provisions of s4.15 of the Environmental Planning and Assessment Act, 1979 (EP&A Act) and it is recommended that Council approves the proposed subdivision, subject to conditions.

The Subject Site

The subject sites involved in the subdivision are Lots 302 & 303 DP 1199434 being Numbers 163 & 133 Lennoxton Road Vacy which collectively comprises an area of 19.975 hectares.

The site is partly with in Zone R5 Large Lot Residential and Zone E3 Environmental Management under the Dungog LEP 2014. (See figure 1 below)

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Figure 1 Extract Dungog Local Environmental Plan 2014 Zone Map

The land is located on the southern side of Lennoxton Road opposite Serenity Way, Vacy, and rises to the south as part of the lower north western foot slopes of Mount Johnstone which rises to the south east of the site.

The land is partly vegetated and partly cleared pasture. (See Figure 2 Under)

Figure 2 Aerial Photograph of subject site

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Figure 3 Topographical Map of subject site

The site is part of the lower foot slopes of Mount Johnstone and unlike many of the neighbouring properties is relatively undulating with only a small portion of steep land located in the south western corner of the site.

The site is traversed by as series of first order streams which form into second and third order streams centrally within the site which ultimately drain to the north under Lennoxton Road. (See topographical map at Figure 3 above)

The Proposed subdivision

The subdivision proposed involves two (2) stages, the first stage involves the excision of a new lot (Lot 305) from the larger parent allotment currently Lot 302 (which will become Lot 304.) See Figure 4 over.

New Lot 305 will be located totally within Zone R5 Large Lot residential and will enclose an area of 3.739 hectares which is well in excess of the minimum subdivision size set by the Dungog LEP 2014 of 8,000m2.

This lot is vacant and has sufficient area for the future erection of a dwelling house and associated outbuildings together with sufficient area for on site effluent disposal.

The residue lot 304 will be located partly within Zone R5 Large Lot Residential and partly within Zone E3 Environmental Management and will enclose an area of 14.24 hectares and contains an existing dwelling house and assorted outbuildings and other infrastructure.

The dwelling house and assorted outbuildings are located within the area of the lot Zoned E3 Environmental Management.

That part of the residue lot within Zone R5 Large Lot residential is 6.02 hectares in area and satisfies the minimum lot size for subdivision for that zone. Similarly, that part of the site within Zone E3 Environmental Management is 8.22 hectares which whilst well below the minimum lot size for that zone i.e. 300 hectares is permissible under the terms of Clause 4.1A of the LEP insofar as the residue lot will contain all of the lands within Zone E3 Environmental Management and will also contain the existing dwelling

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Figure 4 Stage 1 Subdivision

Stage 2 of the subdivision involves the resubdivision of new lot 304 with existing Lot 303 DP1199434 (located to the east) such that new lot 307 is created fronting Lennoxton Road and enclosing the former lot 303 to form a larger lot of 3.476 hectares.

Former Lot 304 will become lot 306 and contain an area of 12.76 hectares. (See Figure 5 over)

Both lots proposed Lots 307 and 306 will be conforming lots to the LEP in that Lot 307 is greater than the minimum allotment size for the zone that is 8,000m2 and Lot 306 will contain all of the lands within Zone E3 Environmental management and the existing dwelling house consistent with the provisions of Clause 4.1A of the LEP.

New Lot 307 will also contain an existing dwelling which formerly stood upon the original lot 303.

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Figure 5 Stage 2 Subdivision

******** STATUTORY CONSIDERATIONS

Section 4.15 of the Environmental Planning and Assessment Act (EP&A) mandates key heads of consideration for the assessment of development applications. The application has been assessed against the relevant heads of consideration. The main considerations are addressed as follows:

Provisions of any environmental planning instrument.

The following State Environmental Planning Policies are applicable:

State Environmental Planning Policy No. 44 – Koala Habitat Protection

This policy aims to encourage the proper conservation and management of areas of natural vegetation that provide habitat for Koalas to ensure a permanent free-living population over their present range and reverse the current trend of Koala population decline:

a) by requiring the preparation of plans of management before development consent can be granted in relation to areas of core koala habitat, and b) by encouraging the identification of areas of core koala habitat, and

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c) by encouraging the inclusion of areas of core koala habitat in environment protection zones.

The subject site has an area of 19.975 Hectares and therefore the SEPP applies.

Before granting consent to an application to carry out development on land to which the policy applies, Council must satisfy itself whether or not the land is a potential or core Koala habitat.

‘Potential Koala habitat’ is defined as areas of native vegetation where the trees listed in schedule 2 of SEPP 44 ‘constitutes at least 15% of the total number of trees in the upper and lower strata of the tree component’. If the site is found to contain potential koala habitat, further investigation for the presence of ‘core Koala habitat’ should be undertaken and if this habitat is found to be present, a detailed Plan of Management should be prepared.

Comment

The subject lands are identified on Councils GIS Flora and Fauna Mapping System as comprising mainly cleared or non native vegetation, with Grassy Woodland to the south east of the site and a small portion of Dry Sclerophyll Forest in the south western corner of the site.

Figure 6 Extract Council GIS Flora and Fauna Mapping

Grassy Woodland is identified as containing the following vegetation species:

Angophora floribunda (rough-barked apple), Eucalyptus blakelyi (Blakelys red gum), E. bridgesiana (apple box), E. caliginosa (broad-leaved stringybark), E. laevopinea (silver-top stringybark), E. melliodora (yellow box), and E. youmanii (Youmans stringybark) are common throughout, with localised occurrences of Eucalyptus dalrympleana subsp. heptantha (mountain gum) and E. moluccana (grey box). On flats and in open valleys E. nova-anglica (New England peppermint) is often the dominant tree.

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Page 146 Whereas Dry Sclerophyll Forest is identified as containing the following vegetation species:

Corymbia maculata (spotted gum), Eucalyptus crebra (narrow-leaved ironbark), E. moluccana (grey box), E. propinqua (grey gum), E. siderophloia (grey ironbark) and Syncarpia glomulifera (turpentine). May also have Angophora costata (Sydney red gum) and Eucalyptus punctata (grey gum) though mainly in the eastern Hunter valley.

Schedule 2 Feed tree species as identified in Schedule 2 to SEPP 44 are as follows:

Scientific Name Common Name

Eucalyptus tereticornis Forest red gum Eucalyptus microcorys Tallowwood Eucalyptus punctata Grey Gum Eucalyptus viminalis Ribbon or manna gum Eucalyptus camaldulensis River red gum Eucalyptus haemastoma Broad leaved scribbly gum Eucalyptus signata Scribbly gum Eucalyptus albens White box Eucalyptus populnea Bimble box or poplar box Eucalyptus robusta Swamp mahogany

The only identified Koala Food Tree species [Eucalyptus punctata (Grey Gum)underlined] likely to be found within the site would be within that part of the site identified as Dry Sclerophyll Forest which constitutes around 4,653m2 of the site.

The total native vegetated area of the site is 5.1853 hectares (Dry Sclerophyll Forest + Grassy Woodland) as such total Dry Sclerophyll Forest comprises only 8.97% of the native vegetation area.

As “potential koala habitat” means “areas of native vegetation where the trees of the types listed in Schedule 2 constitute at least 15% of the total number of trees in the upper or lower strata of the tree component” and it is highly improbable that Eucalyptus punctata (Grey Gum) would constitute 100% of the Dry Sclerophyll Forest on site, even if it did it would fail to meet the 15% criteria of the total number of trees in the upper or lower strata of the tree component.

Given these circumstances Council can be confident that the site does not constitute “potential koala habitat.”

State Environmental Planning Policy 55 – Remediation of Land

The Object of this Policy:

(1) The object of this Policy is to provide for a State-wide planning approach to the remediation of contaminated land.

(2) In particular, this Policy aims to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment:

(a) by specifying when consent is required, and when it is not required, for a remediation work, and

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Page 147 (b) by specifying certain considerations that are relevant in rezoning land and in determining development applications in general and development applications for consent to carry out a remediation work in particular, and

(c) by requiring that a remediation work meet certain standards and notification requirements.

Comment

The subject lands have been mostly cleared historically for grazing and lifestyle development.

No evidence of holding structures or cattle dip areas can be readily observed from aerial photographs of the land and a dwelling house and associated out buildings stand on each of the two lots the subject of the subdivision application.

A search of Council’s records does not indicate that the site has been identified as a contaminated site and it is not located in an investigation area.

It is considered that the land the subject of this subdivision application is unlikely to be contaminated land.

Dungog Local Environmental Plan 2014

As previously advised the subject site is partly within Zone R5 Large Lot Residential and partly within Zone E3 Environmental Management under the Dungog Local Environmental Plan 2014. (See Figure 1)

The objectives of Zone R5 Large Lot Residential are:

 To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.  To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.  To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.  To minimise conflict between land uses within this zone and land uses within adjoining zones.  To isolate housing from existing intensive agriculture or future intensive agricultural areas

The objectives of Zone E3 Environmental Management are:

 To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.  To provide for a limited range of development that does not have an adverse effect on those values.  To promote the rural amenity and scenic landscape values of the area and prevent the silhouetting of unsympathetic development on ridgelines

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Page 148 In accordance with Clause 2.3(2) Zone objectives and Land Use Table of the LEP 2014 Council must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

Comment

Having regard to the Zone objectives for Zone R5 Large Lot Residential the development seeks to provide residential housing in a rural setting and with allotments well in excess of the minimum 8000m2 should be seen as seeking to preserve, and minimise impacts on, environmentally sensitive locations and scenic quality.

The development is not on land identified for future urban development into the future and will by increasing the number of lots form 2 to 3 for the site is not expected to unreasonably increase the demand for public services or public facilities.

The proposed subdivision should see urban development undertaken consistent with that already existing on surrounding lands and as such the development should be seen as minimising conflict between land uses within this zone and land uses within adjoining zones.

The development is not located in close proximity to intensive agriculture or land likely to be used in the future for intensive agricultural areas

The development is considered to be consistent with the Zone objectives for Zone R5 Large Lot Residential.

Having regard to the Zone objectives for Zone E3 Environmental Management the subdivision does not require the clearing of additional land to achieve access and is considered to be unlikely to have any significant impact of flora and fauna.

The area to the rear of the site and within Zone E3 Environmental Management forms part of the northern margins of a wildlife corridor however the subdivision is not considered likely to have any significant impact on those lands, the greater extent of the corridor being located further to the south of the subject lands.

That part of the site within Zone E3 Environmental Management is already developed for residential purposes with the new lot created being totally within Zone R5 Large Lot Residential.

The development should in the circumstances of this matter be seen as protecting, managing and restoring areas with special ecological, scientific, cultural or aesthetic values in that it is providing for a limited range of development that is unlikely to have an adverse effect on those values.

The subdivision will not detract from the rural amenity and scenic landscape values of the area in that it will not enable development to be silhouetted of on ridgelines.

The development is considered to be consistent with the Zone objectives for Zone E3 Environmental Management.

The following clauses of Dungog LEP 2014 are also relevant to the proposed development:

2.6 Subdivision—consent requirements

(1) Land to which this Plan applies may be subdivided, but only with development consent.

(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the

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Page 149 secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.

Note. The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling

Comment

This application seeks consent to the subdivision of the land and none of the parent lots contain a secondary dwelling.

4.1 Minimum subdivision lot size (1) The objectives of this clause are as follows: (a) to ensure that subdivision reflects and reinforces the predominant subdivision pattern of the area, (b) to minimise any likely impact of subdivision and development on the amenity of neighbouring properties, (c) to ensure that lot sizes and dimensions are able to accommodate development consistent with relevant development controls, (d) to ensure that lot sizes and dimensions allow dwellings to be sited to protect natural features and retain special features such as trees and views, (e) to protect and enhance waterways by restricting the creation of new riparian rights through subdivision so as to prevent increased direct access onto rivers. (2) This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan. (3) The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

Comment

The proposed subdivision layout reflects and reinforces the predominant subdivision pattern of the area, and minimises any likely impact of subdivision and development on the amenity of neighbouring properties by the creation of lots much larger than the 8,000m2 lot minimum which applies to Zone R5 Large Lot Residential.

The lot sizes and dimensions are able to accommodate development consistent with relevant development controls, and lot sizes and dimensions allow dwellings to be sited to protect natural features and retain special features such as trees and views.

The site conations no significant waterways and will not create new riparian rights through subdivision.

The subdivision complies with the minimum lot size standards as shown on the Lot Size Map of the LEP 2014.

4.1A Exceptions to minimum subdivision lot sizes for certain split zones (1) The objectives of this clause are as follows: (a) to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1, (b) to ensure that the subdivision occurs in a manner that promotes suitable land uses and development. (2) This clause applies to each lot (an original lot) that contains: (a) land in Zone RU5 Village, Zone R1 General Residential, Zone R5 Large Lot Residential or Zone IN1 General Industrial, and (b) land in Zone RU1 Primary Production or Zone E3 Environmental Management. (3) Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if:

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Page 150 (a) one of the resulting lots will contain all of the land in Zone RU1 Primary Production or Zone E3 Environmental Management that was in the original lot, and: (i) an existing dwelling, or (ii) land in Zone RU5 Village, Zone R1 General Residential, Zone R5 Large Lot Residential or Zone IN1 General Industrial that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and (b) all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.

Comment

The subdivision design complies with the provisions of Clause 4.1A of the LEP 2014 insofar as the parent lot will contain all of the lands with Zone E3 Environmental Management and the existing dwelling house formerly erected on Lot 302 (to be Lot future lot 304 Stage 1 and Lot 306 Stage 2).

Future lot 304 (Stage 1) and Lot 306 (Stage 2) contains in excess of 8,000m2 of land within Zone R5 Large Lot Residential.

5.11 Bush fire hazard reduction

Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.

Note. The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.

Comment

The subject lands are mapped as being Bushfire Prone Lands and the application was lodged as integrated development due to the need for the development to obtain a Bushfire Safety Authority under s100 of the Rural Fires Act 1997.

NSW RFS have provided their General Terms of Approval for the subdivision:

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

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

3. In recognition that an unreliable water supply exists, a 20,000 litre water supply shall be provided for the existing dwelling within proposed lot 306 in accordance with Planning for Bushfire Protection 2006’ and the following:

(i) Aboveground tanks shall be constructed of non-combustible material. A65 mm Metal Storz fitting and ball or gate valve shall be installed in any tank

(ii) The gate or ball valve, pipes and tank penetration shall be adequate for full 50mm inner diameter water flow through the Storz fitting and shall be metal rather than plastic.

(iii) A standard Static Water Supply (SWS) marker shall be obtained from the District NSW Rural Fire Service as part of the Static Water Supply Program once the tank water supply has been installed. Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 151 The marker once issued is to be:

(a) fixed in a suitable location so as to be highly visible; (b) positioned adjacent to most appropriate access for the static water supply; (c) fixed facing the roadway on a gatepost, fence or dedicated post, at the right hand side of the entranceway to the Static Water Supply; (d) fixed no less than 600mm from the ground surface to the base of the sign and not higher than 1200 mm from the ground surface to the base of the sign; and (e) fixed with suitable screws or nails.

4. The property access road for the existing dwelling within proposed lot 306 shall be upgraded to comply with the following requirements of section 4.1.3 (2) of ’Planning for Bushfire Protection 2006 including as follows:

(i) A minimum carriageway width of 4 metres; (ii) A minimum vertical clearance of 4 metres to any overhanging obstruction, including tree branches; (iii) A turning circle with a minimum 12 metre outer radius; (iv) Curves have a minimum inner radius of 6 metres and are minimal in number to allow for rapid access and egress; (v) The minimum distance between the inner and outer curves is 6 metres; (vi) The crossfall does not exceed 10 degrees; and (vii) Maximum grades for sealed roads do not exceed 15 degrees and not more than 10 degrees for unsealed roads.

5. The existing building situated within proposed lot 306 is required to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non corrosive metal screen mesh with a maximum aperture of 2mm. Where applicable, this includes and sub floor areas, openable windows, vents, weepholes and eaves. External doors are to be fitted with draft excluders.

General Advice

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

Bushfire hazard reduction will need to occur around the existing dwelling house on the parent Lot 302 and the access drive to that dwelling and will be approved as part of this application.

6.2 Earthworks

(1) The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

(3) In deciding whether to grant development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters:

(a) the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,

(b) the effect of the development on the likely future use or redevelopment of the land,

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Page 152 (c) the quality of the fill or the soil to be excavated, or both,

(d) the effect of the development on the existing and likely amenity of adjoining properties,

(e) the source of any fill material and the destination of any excavated material,

(f) the likelihood of disturbing relics,

(g) the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,

(h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

Note. The National Parks and Wildlife Act 1974, particularly section 86, deals with harming Aboriginal objects.

Comment

Earthworks should be limited to the driveway sealing and access road upgrading to the existing dwelling on proposed Lot 306 (lot 304 in Stage1).

Conditions relating to the matters listed in Clause 6.2 will be attached to any consent that may issue for the development.

6.12 Protection of rural landscapes in rural and environment protection zones

(1) The objective of this clause is to protect the rural amenity and character of the land to which this clause applies by managing visual impact.

(2) This clause applies to land in Zone RU1 Primary Production, Zone RU5 Village, Zone E3 Environmental Management and Zone E4 Environmental Living.

(3) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that:

(a) any buildings that form part of the development will blend into the landscape and not become silhouetted on a ridgeline, and

(b) the design, bulk and colours of any such buildings will be compatible with the surrounding landscape.

Comment The buildings that form part of the development and which are located within Zone E3 Environmental Management which enliven this clause of the LEP are the existing house and outbuildings located to the rear of the parent Lot 302.

These existing buildings are remote from the through road system and are shielded from view from Lennoxton Road by existing vegetation and if visible from that vantage point will be set against the background of the heavily vegetated foot slopes of Mount Johnstone. (See over for aerial photograph of site and location of buildings within the Zone E3 Environmental Management.) [Figures 7 & 8]

That part of the development site which is within Zone E3 Environmental Management when viewed from Lennoxton Road toward the existing dwelling house and outbuildings blends into the landscape and is not silhouetted on a ridgeline.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 153 Insofar as the buildings are setback at some distance from Lennoxton Road and are screened to a significant extent by existing vegetation the design, bulk and colours of the buildings are considered to be compatible with the surrounding landscape.

Figure 7 Aerial photograph showing existing development

Figure 8 View from Lennoxton Road looking south, existing outbuildings are centre of photograph

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 154 Any development control plan

Dungog Shire Development Control Plan No 1

Part C – Administration

A.4 – Notification and advertising of applications

The application has been neighbour notified and advertised according to Council policy and no submissions were received.

1.3 Set Backs

The existing development on the parent lots , Lots 302 and 303, comply with Council’s Building line setbacks, of the DCP, and future development upon the new lot to be created, Lot 305 can comply with those requirements.

1.4 Water Supply

The land is not serviced by a reticulated water supply and therefore a condition of consent is to be included requiring a minimum of 20,000 litres of stored water for domestic supply.

Additional dedicated water storage will also be required for fire fighting purposes.

1.5 Sewerage

The land is not serviced by reticulated sewer, and the existing dwellings (Lots 302 & 303) are currently serviced by approved on-site sewerage management facilities.

The existing dwellings located on proposed lots 307 & 306 are already serviced by existing Aerated Waste Water Treatment Systems.

Proposed Lot 305 has an area of 2.32 hectares available for the siting of a dwelling and suitable effluent dispersion area wherein Council’s minimum requirement for effluent dispersion is 4,000m2 of useable land is available on unsewered lots, the proposal meets this requirement.

Any future dwelling house or duplex on proposed Lot 305 will need to be the subject of an application for on-site sewage management facility.

1.6 Property Access

The site of the dwelling houses erected on the parent Lots 302 & 303 each have an existing access from Lennoxton Road, which is a sealed Council maintained road.

The access to proposed lot 305 is to be shared with future Lot 306 (304 in Stage 1) and is to be upgraded to meet the minimum access requirements of Planning for Bushfire Protection 2006. This upgrading will entail the construction of a passing bay within 200 metres of the frontage to Lennoxton road.

Further, each of the existing driveways, which are of gravel construction, will be required to be sealed in accordance with Council requirements.

1.7 Property Identification

The properties will be required to obtain new rural addressing numbers to Lennoxton Road.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 155 The proposed dwelling is consistent with the requirements of DCP Chapter 1 – Residential Development.

Part C Chapter 23 - On-Site Sewage Management

This Part applies to development that is not connected to a reticulated sewerage system within the Dungog Local Government Area.

Each of the existing dwellings have existing approved on site sewage management facilities and any future development on proposed Lot 305 will be required to lodge an application to install an on-site sewage management system.

Vacy Local Area Plan –Planning Area A6

3.6 PLANNING AREA A6

The Area

Planning Area A6 lies to the south of Lennoxton Road. It incorporated 13 lots at the time of the making and adoption of the LAP for Vacy.

The development potential of Area A6 was identified as being extremely limited, with the area having the following constraints:

・ Hilly to steep slopes - the area occupies the lower side slopes of Mount Johnstone. ・ Mount Johnstone is an important landmark that is highly visible within the Vacy area. The mountain and surrounding slopes and ridges have been identified by the Vacy community as having high scenic value. ・ Much of the area is forested, with dense forest on the steeper slopes. The forest slopes are an important part of the 'backdrop' to Vacy. ・ The area has high habitat value and is part of a wildlife corridor. ・ The area has a high bushfire risk. ・ The existing pattern of subdivision is not conducive to further subdivision.

The LAP recommendation is that additional driveway or right-of-way access off Lennoxton Road not be permitted noting that the topography of the area it is difficult to provide an internal road network.

Given the constraints in this area and the availability of far more suitable land for Rural Lifestyle/ rural enterprise development in the Vacy area, the LAP recommended that no further subdivision of the area designated A6 with frontage to or access from Lennoxton Road be permitted.

Comment

The Vacy LAP was adopted in August 2005 and was meant to provide future direction for the updating of Dungog LEP 2006 into what eventually became Dungog LEP 2014.

Under the LEP 2006 the subdivision of the property would not have been possible given the 5 hectare requirement.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 156

Figure 9 Extract of Vacy LAP 6 Map from DCP 1 Subject lands shown edged red

In 2014 with the making of Dungog LEP 2014 the subject land together with those to the east and west of it were zoned partly R5 Large Lot Residential along the road frontage and E3 Environmental Management over lands to the south which reflected the lands previous zonings under the LEP 2006 that is Zone 7(I) Environmental Living and Environment 7(a).

The LEP 2014 provides for the northern parts of the lots in LAP 6 which front Lennoxton Road to R5 Large Lot Residential where subdivision is permissible with consent of Council where the minimum lot size was set at 8,000m2.

The southern or rear parts of the lands remained in an environmental zone (Zone E3 Environmental management) reflecting the conservation values of that mainly steeper and vegetated area.

In the circumstances of this case the proposed development complies with the objectives of the current zoning, by providing opportunities for residential housing in rural settings, and the size of the proposed lots should assist in ensuring that this development will not impact on the scenic quality of the area.

Similarly whilst additional driveways or right of way access off Lennoxton Road is not permitted under the terms of the LAP 6A and given the topography of the area it is difficult to provide an internal road network to service future subdivision however the type of scale of the proposed development will not require any upgrade of Lennoxton Rd, other than construction of a new/upgraded shared bitumen vehicle access/footpath crossing to the proposed lots.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 157 Further no additional driveways are proposed due to the proposed shared access arrangement and the use of the two existing driveways.

Inconsistencies within the LAP’s such as these that have arisen in this matter will need to be addressed into the future as part of the ongoing review of the DCP.

Application of DCP’s and LEP’s

The Environmental Planning and Assessment Act 1979 identifies that the principal purpose of a development control plan is to provide guidance to the persons proposing to carry out development and to the consent authority on various matters as it relates development of land.

The matters that guidance is to be given is

(a) giving effect to the aims of any environmental planning instrument that applies to the development, (b) facilitating development that is permissible under any such instrument, (c) achieving the objectives of land zones under any such instrument.

The Act specifies that the provisions of a development control plan are not statutory requirements and that a provision of a development control plan (whenever made) has no effect to the extent that:

(a) it is the same or substantially the same as a provision of an environmental planning instrument applying to the same land, or

(b) it is inconsistent or incompatible with a provision of any such instrument.

In these circumstances the provisions of the DCP as embodied in LAP A6 are clearly inconsistent and incompatible with the terms of the LEP 2014 and the prohibition on subdivision is of no force or effect in this matter.

Nonetheless LAP A6 is adopted Council Policy and determination of this application cannot be undertaken by Council Staff under delegation, instead the matter will need to be reported to Council for determination.

The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality -

The subdivision of the subject site and the potential for the erection of a dwelling house or duplex upon proposed Lot 305 is considered to be unlikely to have any negative environmental, social or economic impacts in the locality.

Conditions of consent are proposed in relation to bushfire asset protection zones, water supply and construction standards in relation to the existing dwelling located on proposed lot 306 (lot 304 in Stage 1) in order to address the risk of fire.

The existing vehicular access for lot 302 (the parent lot) which will be shared by proposed lots 305 & 306 (lot 304 in Stage1) with access from Lennoxton Road to be upgraded to comply with the access provisions of Planning for Bushfire Protection 2006.

The suitability of the site for the development

Having regard to the investigations carried out as part of the assessment of this application the site is considered to be suitable for the subdivision as proposed.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 158

Any submissions made in accordance with this Act or the regulations

The development application was subject to the notification requirements of Council’s Neighbour Notification Policy. No submissions were received.

The application was referred to the NSW Rural Fire Service their response was detailed earlier in this report.

The public interest

The subdivision application complies with the standards of Council’s LEP 2014 and complies with all of the numerical standards set by the DCP excepting that of LAP 6 with which it is in conflict.

Council’s LEP and its DCP were formulated having been publicly exhibited and seeking public comment of their content and directions as such these documents are seen to embody the expectations of the public in relation to the development of the subject lands.

But for the conflict with LAP 6 the development is considered to be generally in the public interest despite the conflict with the LAP 6 which is dealt with by the terms of the LEP 2014 prevailing to negate such conflict.

Approval of the development application is unlikely to have a detrimental impact on the public interest.

CONCLUSION

The subdivision as proposed is considered acceptable in the circumstances of this application.

In this matter the subdivision as proposed is permissible with the consent of Council under the terms of the Dungog LEP 2014.

It is recommended that Council approve the proposed subdivision, subject to conditions as set out in Annexure ‘M’ to this report.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 159 ANNEXURE ‘M’

General

1. The staged subdivision of Lots 302 & 303 DP 1199434 133-63 Lennoxton Road, Vacy being carried out in accordance with the following information submitted with development application 153/2017, except as modified by the conditions of this consent:

(a) Plans Reference:

Name of Plan Drawing No Prepared By Date Issue Proposed Subdivision Sheet 01 Edition Graeme Ferguson 1 June 2017 of Lots 302 & 303 in D Registered DP 1199434 Surveyor Plan of Proposed Sheet 02 Edition Graeme Ferguson 9 January 2018 Subdivision of Lot B Registered 302 DP 1199434 Surveyor Plan of Proposed Sheet 03 Edition Graeme Ferguson 9 January 2018 Subdivision of Lot B Registered 302 DP 1199434 Surveyor

(b) Document Reference:

Document Reference Author Date Statement of - Graeme Ferguson 26 September 2017 Environmental Effects Registered Surveyor Bushfire Threat - Firebird Eco 6 July 2107 Assessment Consultants Pty Ltd

2. A separate approval will be required for the installation of an on-site sewage management system to be approved by Council for the proposed Lot 305.

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

4. Under s.90 of the NP&W Act, it is an offence to knowingly damage deface or destroy Aboriginal objects without prior permission of the Chief Executive of the Office of Environment and Heritage (OEH)

Should any Aboriginal objects be located during the development works, work should stop immediately.

Prior to Commencement of Works

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

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 160

6. The developer shall arrange for detailed engineering design plans to be submitted to Council for approval for: -

The installation of a sealed entrance to proposed Lots 305 &306 (307 stage 2) and the installation of a sealed entrance to proposed Lot 307 (Stage 2) complying with the requirements of the Council Drawing Number SD0015 titled “Private Entrance - Rural Bitumen Roads – July 2000, as amended”.

The entrance shall be constructed so as not to impede the flow of water in any table drain.

During Construction

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

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

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

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

9. To minimise soil erosion during construction, the owner and builder shall ensure that the following measures are implemented in the sequence outlined:-

(i) A dish shaped diversion drain or similar structure will be constructed above the proposed house site to divert run-off to a stable discharge area such as an area with a grass cover. (This diversion drain is to be lined with turf or otherwise stabilised if it erodes after rainfall). (ii) A sediment trapping fence using a geotextile fabric specifically designed for such a purpose and installed to manufacturer's specifications is to be placed below the construction area (e.g. "silt stop"). (iii) Vegetation is to be cleared from the construction site only; other areas are to remain undisturbed. (iv) Top soil from the construction site or builders sand is to be stockpiled in a location where it will not be eroded from the site, and is not to be stockpiled on the road reserve. (v) All erosion control measures will require maintenance after rainfall. They should be retained until the site has fully revegetated. (vi) If soil or other materials are spilt accidentally onto the road or gutter, they shall be removed prior to the completion of the day's work.

All erosion and sedimentation controls are to be installed in accordance with Council's erosion and sedimentation control policy and code of practice.

Failure to implement and maintain all erosion and sedimentation control measures is a breach of the Protection of the Environment Operations Act 1997 and is liable to an on-the-spot fine.

Prior to Release of Subdivision Certificate

10. Application for a Subdivision Certificate is to be submitted to and approved by Council prior to release of the final linen plan of subdivision.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 161 11. Submission of an original plan of survey by a Registered Surveyor and six (6) copies to Council for subdivision approval.

Advice: The final plans must conform generally to the subdivision proposal shown on the subdivision plan submitted with the Development Application and incorporate Council’s requirements.

12. A Subdivision Certificate will not be issued nor the final plan signed and released by Council until all conditions of consent have been complied with to Council’s satisfaction.

13. The construction of a bitumen sealed entrance to proposed lots 305 & 306 (Stage 1) and the construction of a bitumen sealed entrance to proposed lot 307 (Stage 2), complying with the requirements of Council’s standard drawings and the approval issued under s138 of the Roads Act 1993. The entrance shall be constructed so as not to impede the flow of water in any table drain.

14. The developer shall carry out additional roads and stormwater works within the road reserve or Council’s land at no cost to Council necessary to ensure satisfactory transitions to existing work as a result of conditions of this consent.

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

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

15. The developer being responsible for any costs relating to minor alterations and extensions of existing roads, drainage and Council services for the purposes of the development.

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

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

(a) electricity will be available to each allotment created by the subdivision when and if development is proposed on the land;

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

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

Advice: An energy provider is responsible for the supply of electricity to this land. The applicant must contact an energy provider on all matters concerning electricity supply.

A letter from an energy provider stating that satisfactory arrangements have been made for the supply of electricity in the subdivision is to be submitted to Council, and accepted, prior to the release of the linen plan of subdivision.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 162 18. Suitable arrangements being made with a telecommunications carrier to ensure that:

(a) communication will be available to each allotment created by the subdivision when and if development is proposed on the land;

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

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

Advice: For details of arrangements pertaining to the land, applicants must contact a telecommunications carrier direct.

A letter from a telecommunications carrier stating that suitable arrangements have been made is to be submitted to Council, and accepted, prior to release of the linen plan of subdivision.

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

20. The developer shall ensure that satisfactory arrangements have been made with Council for the supply and erection of property identification numbers in accordance with Council’s Rural Addressing Program.

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

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

The following contributions, which are subject to quarterly adjustment, are to be paid prior to the release of linen plan and subdivision certificate for Stage 1:

6a) Vacy Contributions Area

Sports Fields $3,936.92 Parklands $221.77 Swimming Pool $1,055.25 Indoor Sports Facility $1,108.18 Local Community Centre $343.71 District Community Centre $238.52 Youth Venue $195.64 Arts & Craft Centre $67.67 Aged facility $179.56 Library $509.87 Pre School $676.70 Rural Sub Arterial Roads Upgrades $693.45 Rural Local Roads & Intersection upgrades $1769.47 Bikeways Facilities $74.37 Fire Services $1,143.02 Sect 7.11Management $806.01 Administration Building $571.51

TOTAL $13,591.62

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 163 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.

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

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

Special Conditions

NSW Rural Fire Service Bushfire Safety Authority Conditions

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

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

26. In recognition that an unreliable water supply exists, a 20,000 litre water supply shall be provided for the existing dwelling within proposed lot 306 in accordance with ’Planning for Bushfire Protection 2006’ and the following:

(i) Aboveground tanks shall be constructed of non-combustible material. A65 mm Metal Storz fitting and ball or gate valve shall be installed in any tank

(ii) The gate or ball valve, pipes and tank penetration shall be adequate for full 50mm inner diameter water flow through the Storz fitting and shall be metal rather than plastic.

(iii) A standard Static Water Supply (SWS) marker shall be obtained from the District NSW Rural Fire Service as part of the Static Water Supply Program once the tank water supply has been installed.

The marker once issued is to be:

(a) fixed in a suitable location so as to be highly visible; (b) positioned adjacent to most appropriate access for the static water supply; (c) fixed facing the roadway on a gatepost, fence or dedicated post, at the right hand side of the entranceway to the Static Water Supply; (d) fixed no less than 600mm from the ground surface to the base of the sign and not higher than 1200 mm from the ground surface to the base of the sign; and (e) fixed with suitable screws or nails.

27. The property access road for the existing dwelling within proposed lot 306 shall be upgraded to comply with the following requirements of section 4.1.3 (2) of ’Planning for Bushfire Protection 2006’ including as follows: Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 164

(i) A minimum carriageway width of 4 metres; (ii) A minimum vertical clearance of 4 metres to any overhanging obstruction, including tree branches; (iii) A turning circle with a minimum 12 metre outer radius; (iv) Curves have a minimum inner radius of 6 metres and are minimal in number to allow for rapid access and egress; (v) The minimum distance between the inner and outer curves is 6 metres; (vi) The crossfall does not exceed 10 degrees; and (vii) Maximum grades for sealed roads do not exceed 15 degrees and not more than 10 degrees for unsealed roads.

28. The existing building situated within proposed lot 306 is required to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non corrosive metal screen mesh with a maximum aperture of 2mm. Where applicable, this includes and sub floor areas, openable windows, vents, weepholes and eaves. External doors are to be fitted with draft excluders.

General Advice

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

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 165

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

FILE NO: EF08/532

ANNEXURES: Nil

AUTHOR: Independent Planning Consultant

COMMUNITY STRATEGIC Rural and Urban Development PLAN:

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

OFFICERS RECOMMENDATION:

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

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

Précis:

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

********* INTRODUCTION/BACKGROUND

The Draft chapter has been prepared by consultants acting on behalf of the landowner and has been the subject of preliminary assessment in coordination with a Development Application (DA 75/2015) for the subdivision of the subject site.(Lot 16 DP865027).

Council in its resolution dated 15th October 2013 voted to support the partial rezoning of the site to R5 Large Lot Residential but also required that a site specific DCP chapter be prepared due to the visual prominence of the site and its environmental attributes.

(C)That Council advise the proponent that a site specific chapter of Dungog Development Control Plan No.1 must be drafted for Councils consideration and formally adopted prior to any development being approved on the site. The contents of the chapter shall include but not be limited to the matters raised in the respective preliminary consultant reports as well as other relevant environmental issues affecting the site. “

SUBJECT LAND

The subject land is located on Hanleys Creek Road, approximately 4 kilometres South of Dungog. The site also borders Clarence Town Road MR 301. Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 166

The subject property is a large holding comprising a total area of 331.7 hectares. An application for a 6 lot rural subdivision DA 8/2002 was approved on 17 December 2002..

The land is gently undulating and is predominantly cleared with patches of remnant and regrowth vegetation pronounced along the existing natural watercourses.

Access to the property is via Hanleys Creek Road, which is a partially sealed road to the property entrance. Utility services currently available to the site include electricity, telephone, garbage and recycling collection and mail delivery services.

STATUTORY CONSIDERATIONS

Clause 22 of the EP&A Regulation states that a council may amend a development control plan by a subsequent development control plan. The provisions of the EP&A Act and the EP&A Regulation relating to the preparation and exhibition of development control plans are summarised below.

In accordance with section 3.43 of the EP&A Act, Council may prepare a development control plan (or cause such a plan to be prepared) if it considers it necessary or desirable to make more detailed provision with respect to development to achieve the purpose of an environmental planning instrument applying to the land concerned.

Pursuant to clause 18(1) of the EP&A Regulation, following the preparation of a draft development control plan, the council: Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 167 (a) must give public notice in a local newspaper of the places, dates and times for inspection of the draft plan, (b) must publicly exhibit at the places, on the dates and during the times set out in the notice: (i) a copy of the draft plan, and (ii) a copy of any relevant local environmental plan or deemed environmental planning instrument, and (c) must specify in the notice the period during which submissions about the draft plan may be made to the council (which must include the period during which the plan is being publicly exhibited). Further, in accordance with clause 18(2) of the Regulation, a draft development control plan must be publicly exhibited for at least 28 days.

Once a DCP is adopted it becomes a matter for consideration under Section 4.15(1)(a)(iii) of the EP&A Act when evaluating a development application.

PROPOSED DCP CHAPTER

The proposed amendment will seek the introduction of a new chapter of the DCP, within Part D, providing site specific development controls for the Cangon Park Residential Estate.

The proposed chapter (Attachment ‘1’) includes controls relating to:  Residential and Visual Amenity  Effluent Management  Vegetation Communities and Riparian Land Management  Flooding and Water Management  Bushfire  Aboriginal Archaeology  Landscaping  Traffic  Animal Management  Environmental Management

Given the complexities of the site it is intended that the proposed DCP chapter will be expanded to correspond with the more detailed stages of the development proposal. This approach will allow the DCP chapter to be more responsive to the individual nuances of each stage of the subdivision, and provide more detailed direction than just a generic development guide for the whole of site

The contents of the Draft DCP chapter have only had a preliminary review by the newly engaged planning consultant at this stage but the applicant has requested that the matter be placed on exhibition due to the protracted timeframes. The exhibition will enable the consultant and relevant Council Officers to crystalize their views on the final form and content of the DCP Chapter before reporting it back to Council conjointly with the associated subdivision Application.

It is noted that should any inconsistencies lie between the proposed chapter and the rest of the DCP, the proposed chapter will prevail.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 168 IMPLICATIONS

Financial

The proposed DCP chapter is being considered by a planning consultant on behalf of Council, the cost of which is offset by the $20,000 fee paid by the applicant in accordance with Council’s fees and charges for the review of Development Control Plan Chapters for new development proposals

Statutory

A Development Control Plan is not a statutory document, although the process for preparing and adopting a DCP is governed by the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000. Once the DCP is adopted it is required to be taken into consideration during the assessment of development applications in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979.

Community

The draft changes to the DCP are expected to benefit the community by providing clear controls for development within the Cangon Park Residential Estate.

Consultative

The draft Development Control Plan will be exhibited for a period of at least 28 days in accordance with the relevant provisions of the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulations 2000. Following the exhibition process the matter will be reported back to Council and any matters raised in submissions will be considered in the finalisation of the amendments to the draft DCP.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 169

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

FILE NO: EF08/532

ANNEXURES: Nil

AUTHOR: Manager Planning

COMMUNITY STRATEGIC 4. Rural and Urban Development PLAN:

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

OFFICERS RECOMMENDATION:

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

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

Précis:

This report seeks Council’s support to exhibit amendments to Dungog Shire Council Development Control Plan No 1. The proposed amendments relate to Part C Chapter 3 - Building Line Setbacks. The revised DCP Chapter is not intended to replace site specific controls included within various Local Area Plans (Part D of the DCP), including those relating to Vacy, Boatfalls and Boulton Drive subdivisions.

The impacts of the proposed amendments have been discussed at a Council Strategic Workshop and Council can now consider the contents of the original report.

These amendments are part of an ongoing program to update all the Chapters of Dungog Shire Development Control Plan No 1.

********* BACKGROUND

At the October 2018 Council meeting Dungog Shire Council considered Planning Report No.1 and resolved the following:-

Motion 37883

That the draft DCP Part C Chapter 3 – Building Line Setbacks not go on public exhibition until such time as council has considered the implication of the proposed amendments by way of a workshop and has considered how best to communicate the proposal to the community to enable informed comment.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 170 WORKSHOP

Setbacks

As per the resolution a workshop was held on the 5th November, 2018 in Dungog Shire Council Chambers. Manager Planning presented to the Councillors on the intent and policy framework around the setback review, (A copy of the power point presentation has been forwarded to all Councillors under separate cover). Councillors discussed the merits of various numerical setbacks from both front and side/rear boundaries as well as the setback requirements in adjoining Local Government Areas. The relevance and partial applicability of the Exempt and Complying development provisions was also considered and the inequities it created for developers in the Dungog Shire.

Community Engagement

Workshop attendees also considered how the organisation might better engage with the community especially on matters where Council are seeking specific feedback particularly on planning matters.

The General Manager has advised previously that a communications consultancy will be engaged as part of the Organisational Review to look at all forms of Community engagement and how to better utilise new technologies and social media platforms.

Whilst a number of alternate advertising options were discussed it was acknowledged that all had some difficulties either creating protracted advertising periods or an unreasonable impost on Council’s limited resources at this time.

It was acknowledged that the existing advertising protocol which includes a notice in the Chronicle newspaper and provision of hard copy material in all 5 village locations (Paterson, Vacy, Gresford Dungog and Clarence Town) satisfies the statutory requirements of the Environmental Planning and Assessment Act.

ORIGINAL PLANNING REPORT

The contents of the original planning report have been reproduced below for your consideration.

INTRODUCTION

The Dungog Shire Development Control Plan No 1 (the DCP) represents the policies of Dungog Shire Council with regard to development controls within the Shire, together with guidelines designed to assist developers in achieving the adopted aims and objectives of the Dungog Local Environmental Plan 2014 and the DCP. The DCP comprises four (4) parts, with each part containing a number of chapters. The purpose of this report is to seek Council’s support for amendments to Dungog Shire Council Development Control Plan No 1, Part C Chapter 3 – Building Line Setbacks.

STATUTORY CONSIDERATIONS

Clause 22 of the EP&A Regulation states that a council may amend a development control plan by a subsequent development control plan. The provisions of the EP&A Act and the EP&A Regulation relating to the preparation and exhibition of development control plans are summarised below.

In accordance with section 3.43 of the EP&A Act, Council may prepare a development control plan (or cause such a plan to be prepared) if it considers it necessary or desirable to make more detailed provision with respect to development to achieve the purpose of an environmental planning instrument applying to the land concerned. Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

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Pursuant to clause 18(1) of the EP&A Regulation, following the preparation of a draft development control plan, the council: (d) must give public notice in a local newspaper of the places, dates and times for inspection of the draft plan, (e) must publicly exhibit at the places, on the dates and during the times set out in the notice: (i) a copy of the draft plan, and (ii) a copy of any relevant local environmental plan or deemed environmental planning instrument, and (f) must specify in the notice the period during which submissions about the draft plan may be made to the council (which must include the period during which the plan is being publicly exhibited). Further, in accordance with clause 18(2) of the Regulation, a draft development control plan must be publicly exhibited for at least 28 days.

Once a DCP is adopted it becomes a matter for consideration under Section 4.15(1)(a)(iii) of the EP&A Act when evaluating a development application.

PROPOSED AMENDMENTS

Part C

Chapter 3 Building Line Setbacks

It is proposed that this chapter of the DCP is updated to reflect the current land use zones as adopted under Dungog LEP 2014 and to modify the building line setbacks in the RU1 Primary Production Zone, E3 Environmental Management Zone, E4 Environmental Living Zone and the R5 Large Lot Residential Zone.

For the RU1 Primary Production Zone, it is proposed to introduce a sliding scale for side and rear setbacks that is related to the land size. It is also proposed to apply the same building line setback provisions to the RU1 Primary Production Zone and the E3 Environmental Management Zone. Setbacks within the E3 Environmental Management zone have previously been assessed solely on merits and have not been included in the DCP.

For the R5 Large Lot Residential and Environmental Management zones, it is proposed to reduce the front setback requirements to reflect the smaller lot sizes permitted under Dungog LEP 2014 as compared to Dungog LEP 2006.

Below is a summary of the proposed changes:

Zone Proposed Front Proposed Side and Summary of Setback Rear Setbacks Changes RU1 Primary 140m to main road 50m lots >60ha Reduction in side Production 50m other road 40m lots 30-60 ha setbacks for lots less 30m lots<30ha than 60 ha. E3 Environmental 140m to main road 50m lots >60ha Previously no Management 50m other road 40m lots 30-60 ha controls in E3 zone. 30m lots<30ha Proposed to be the same as RU1 Primary Production. E4 Environmental 70m main road 10 m Reduction in front Living 30m other road setback to existing 15 new roads roads.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 172 R5 Large Lot 70m main road 10m Reduction in front Residential* 30m other road setback to existing 15 new roads roads. *This Chapter of the DCP does not override site specific LAP’s contained in Part D of the DCP.

IMPLICATIONS

Financial

The proposed amendments to the DCP are being managed by Council Staff and no financial implications are anticipated.

Statutory

A Development Control Plan is not a statutory document, although the process for preparing and adopting a DCP is governed by the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000. Once the DCP is adopted it is required to be taken into consideration during the assessment of development applications in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979.

Community

The draft changes to the DCP are expected to benefit the community by providing clear and up to date controls for development within Dungog LGA.

Consultative

The draft Development Control Plan will be exhibited for a period of at least 28 days in accordance with the relevant provisions of the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulations 2000. Following the exhibition process the matter will be reported back to Council and any matters raised in submissions will be considered in the finalisation of the amendments to the draft DCP.

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8. DEVELOPMENT APPLICATIONS – DELEGATED AUTHORITY

FILE NO: EF 08/228

ANNEXURES: Nil

AUTHOR: Manager Planning Rural & Urban Development - Ensure that our land use planning COMMUNITY STRATEGIC for the Shire acknowledges the importance of our rural PLAN: character and agricultural activities. 4.2 Processing of Development Applications to ensure the DELIVERY PROGRAM: ongoing environmental sustainability of the LGA.

OFFICERS RECOMMENDATION:

That the report be received and the information noted.

Precis:

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

****** DA 154/2016 Lot 10 DP 1162752, Fotheringay Road, Clarence Town. Modification (TPA 2996/32) to Subdivision to allow for amendment to Condition 7. Approved subject to conditions 11 October 2018. DA 142/2017 Lot 1 DP 1047343 No 1367 Fosterton Road, Fosterton. Modification to (TPA 2045/1) Dwelling to allow for shifting of Building Footprint and PAD Levels & FFL levels have been raised. Approved subject to conditions 12 October 2018. DA 86/2018 Lot 22 Sec 4 DP 758366 No 25 Chapman Street, Dungog. Storage (TPA 363) Shed. Approved subject to conditions 12 October 2018. DA 109/2018 Lot 6 DP 209082 No 22 Verge Street, Dungog. Two (2) Lot (TPA 1042/4) Subdivision. Approved subject to conditions 18 October 2018. DA 139/2018 Lot 6 DP 1210583 No 69 Redgum Drive, Clarence Town. Single (TPA 2995/0524346) Storey Dwelling. Approved subject to conditions 15 October 2018. DA 140/2018 Lot 303 DP 1164727 No 26 Gilmore Street, Vacy. Manufactured (TPA 2221/1127) Dwelling and Shed. Approved subject to conditions 26 October 2018. DA 154/2018 Lot 101 DP 1239200 No 11 Ferrier Street, Clarence Town. Single (TPA 2995/0524533) Storey Dwelling. Approved subject to conditions 11 October 2018. DA 155/2018 Lot 101 DP 793603 No 154 Wangat Trig Road, Bandon Grove. (TPA 1451/11) Swimming Pool. Approved subject to conditions 11 October 2018. DA 156/2018 Lot 351 DP 562092 No 438 Myall Creek Road, Munni. Alterations and (TPA 2774/1) Additions to Existing Dwelling, New Decking and Swimming Pool. Approved subject to conditions 22 October 2018. DA 157/2018 Lot 92 DP 1146361 No 309 Sugarloaf Road, Sugarloaf. Double (TPA 1820/0420) Carport Addition to Existing 2-Car Garage. Approved subject to conditions 29 October 2018. DA 159/2018 Lot 115 DP 1239200 No 10 Ferrier Street, Clarence Town. Single (TPA 2995/0524547) Storey Dwelling. Approved subject to conditions 19 October 2018. DA 162/2018 Lot 163 DP 1000060, No 57 Oakey Creek Road, Hilldale. Deck with (TPA 1985/0335) Roof to Facilitate Existing Dwelling. Approved subject to conditions 19 October 2018. DA 169/2018 Lot 2 DP 1232513 No 40 Cedar Getters Close, Clarence Town. (TPA 3015/12) Swimming Pool. Approved subject to conditions 31 October 2018.

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Page 174 ENVIRONMENTAL SERVICES DEPARTMENT REPORTS

DRAFT AMENDMENT TO DUNGOG LEP 2014 - PLANNING PROPOSAL FOR 1. REZONING OF LOT 9 SERENITY WAY VACY (FORMER SANITARY WASTE DEPOT) FILE NO: EF15/83

ANNEXURES: Nil

AUTHOR: Manager Environmental Services

COMMUNITY STRATEGIC 4. Rural and Urban Development PLAN:

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

OFFICERS RECOMMENDATION:

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

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

Precis:

A Planning Proposal seeking the rezoning of Lot 9 Serenity Way, Vacy was forwarded to the Department of Planning & Infrastructure with a Gateway Determination received and the proposal subsequently placed on public exhibition and referred to the appropriate authorities.

This report outlines the feedback received during the public exhibition and referral process and the resulting additional verification works completed in relation to the contaminated land aspects of the proposal. The Report then seeks Council endorsement to finalise the Planning Proposal and forward to the Department of Planning & Environment for concurrence and gazettal. ********

Council at its November 2016 meeting resolved to endorse a planning proposal to amend the Dungog Local Environmental Plan 2014, pursuant to Section 55 of the Environmental Planning and Assessment Act 1979, in order to rezone Lot 9 DP 1009184 Serenity Way Vacy from Zone SP2 to Zone RU5.

This land parcel was historically used as Council’s sanitary waste depot from the early 1960’s until 1998, however after a remediation process was completed in mid 2016, Council resolved to authorise the General Manager to appoint an agent to negotiate the sale of the property. Listing of the property for sale was deferred until such time as the zoning of the parcel could be changed to align with adjoining properties in order to harmonise the land usage in the area and to optimise its sale potential. A Planning Proposal was prepared for the rezoning of the land.

The Planning Proposal was forwarded to the Minister for Planning and Environment and a gateway determination pursuant to Section 3.34 of the EP&A Act 1979 was received in Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 175 December 2016. A public consultation and exhibition of the proposal was required by the gateway determination, and this has now been completed and it is considered that the Planning Proposal may be returned to the Department of Planning and Environment for finalisation and gazettal.

The Gateway Determination required the Planning Proposal to be publicly exhibited for a minimum of 14 days under section 3.34(2)(c) of the Environmental Planning & Assessment Act 1979 and notifications were also sent to all adjoining property owners. Only one submission was received and that was from an adjoining property owner who was supportive of the proposal.

Consultation with the following government agencies was also required:

 NSW Rural Fire Service – who raised no objections to the rezoning proposal.  NSW Environmental Protection Authority – who raised concerns regarding the process followed to remediate and validate the contaminated land associated with the proposal and would not provide concurrence until further works were completed.

Having regard to the EPA’s concerns, additional work has been required in relation to the investigation of contaminants on the site and their remediation.

This additional work has taken in excess of 12 months to complete and has consisted of the following:  The commissioning of a data gap analysis of all site investigations reports conducted of the site to date.  The engagement of an EPA accredited Site Auditor to oversee additional investigations.  The engagement of an EPA certified consultant (GHD PTY LTD) to complete further contaminated land site investigations  The preparation of a Remedial Action Plan (RAP) to address the removal of a small amount of residual tar product which is still present on the site.  The issuing of a Site Audit Statement by the auditor confirming that at the completion of the works contained in the RAP- that the site will be suitable for residential use.

The EPA has now offered their concurrence to the planning proposal under condition that the works contained in the Remedial Action Plan (RAP) are completed prior to the use of the land for a residential purpose.

The completion of the actions contained in the RAP is progressing with both the Environmental Consultant (GHD) and the Accredited Site Auditor (Fiona Robinson) being requested to provide fee estimates for the works. It is expected that the works, which include the excavation and removal of a small amount of hydrocarbon impacted soil and subsequent verification, will be completed during the DPE’s further consideration of the Planning Proposal ie prior to the rezoning being completed. It is considered however that notwithstanding the incompletion of these works at the present time, the conditions of the Gateway determination has been met and the planning proposal can be referred to the DPE.

The deadline for completing the Planning Proposal ie to submit the Final proposal to the Department of Planning and Environment is 8 December 2018.

IMPLICATIONS

Finance and Resourcing

To date, the process of remediation, reporting and the rezoning of 9 Serenity Way has cost in the vicinity of $90,000, which has been distributed across the last three financial years. The

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 176 costs associated with completing the works contained in the Remedial Action Plan are estimated at an additional $10,000.

These costs have been drawn from reserves to date in anticipation that they would be recouped upon the sale of the property. The property was valued in June 2016.

Previous Council Resolutions

Ordinary Meeting 17 March 2015 (Minute No. 36709)

1. Council resolve to pursue the process of obtaining a Validation Report and Certification in regard to the potentially contaminated land at Lot 9 Serenity Way Vacy. 2. The results of the Validation process be reported to Council along with options for the future use of this land.

Ordinary Meeting 17 July 2016 (Minute No.37287)

1. Endorse the attached planning proposal to amend the Dungog Local Environmental Plan 2014, pursuant to Section 55 of the Environmental Planning and Assessment Act 1979, in order to rezone Lot 9 DP 1009184 Serenity Way Vacy from Zone SP2 to Zone RU5. 2. Forward the planning proposal to the Minister for Planning and Environment for a gateway determination pursuant to Section 56 of the EP&A Act 1979. 3. Advise the Director-General of Planning and Environment that Council does not seek to exercise delegations for undertaking Section 59(1) of the EP&A Act 1979. 4. Upon receipt of the Gateway Determination under section 56 of the EP & A Act 1979, and in accordance with any direction, Council authorises the consultation and exhibition of the Planning Proposal.

Implementation

 The final Planning Proposal will be forwarded to the Department of Planning and Environment seeking that the LEP be amended with the rezoning of the land.  The completion of the Remedial Action Plan will be required prior to the sale of the property and in all likelihood prior to the rezoning of the land.  A further report will be provided to Council to seek resolution for the sale of the property after it has been rezoned.

Statutory

The process for making local environmental plans, including planning proposals, is legislated under Division 3.4 of the Environmental Planning and Assessment Act 1979 (the Act). The preparation of this planning proposal has followed the prescribed process and Council is now in a position to submit the final proposal with a request that it be made.

The contaminated land reporting and remediation process has been completed in accordance with the Contaminated Land Management Act 1997 with the additional step of appointing an accredited site auditor being recommended by the EPA prior to their further consideration of concurrence with the planning proposal.

Consultative

The Gateway determination conditions required that the planning proposal be publicly exhibited along with referrals to the Rural Fire Service and the EPA. Letters were also sent to the immediate adjoining property owners.

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INFRASTRUCTURE AND ASSETS DEPARTMENT

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

FILE NO: EF08/290

ANNEXURES: Nil

AUTHOR: Executive Manager Infrastructure & Assets

COMMUNITY STRATEGIC Public Infrastructure & Services PLAN

DELIVERY PROGRAM: 4.2 Timber Bridge Upgrades

OFFICERS RECOMMENDATION:

It is recommended that Council:-

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

2. That a provision be allowed for a 24 months extension based on satisfactory supplier performance, which may take this contract through to 30 September 2023.

Precis: To provide Council with information regarding the recent Panel Source Tender undertaken by Regional Procurement for the Supply & Delivery of Pre-Cast Bridge Planks – T151819MNC.

****** Regional Procurement recently called an open Panel Source tender for the Supply & Delivery of Pre-Cast Bridge Planks – T151819MNC for the 35 month period commencing 1 November 2018 to 30 September 2021 with provision allowed for a further 24 month extension based on satisfactory supplier performance. Tenders closed 10.00am Tuesday 2 October 2018.

Participating councils in this tender are:

Council  MidCoast Council  Coffs Harbour City Council  Nambucca Shire Council  Dungog Shire Council

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Six (6) tenders in total were received from:

 Australian Precast Solutions  Inquik Pty Ltd  CPB Contractors Pty Ltd  Quickcell Technology Products Pty Ltd  Holcim (Australia) Pty Ltd  Waeger Constructions Pty Ltd

Note:-  No late tenders were received;  All tenderers had been noted as active on the ASIC website.

Tender evaluation methodology:

The tender evaluation was undertaken by nominated staff from member Councils and facilitators from Regional Procurement. The % weightings and criteria were agreed upon prior to the tender closing and are identified in the table below:-

CRITERIA % Price 60 Previous Experience 12 Physical Resources 12 Quality Assurance 6 Customer Service 4 WHS 2 Referees 2 Ecologically Sustainable Development 2 TOTAL 100

Evaluation

It should be noted that the tenders did differ somewhat in their methodology with both precast concrete products and pre-manufactured formwork (to be later concrete infilled) being some of those options.

Due to the considerable amount of product options and the variable circumstances for which Council may require the tendered items, identifying a reasonable typical example was complex. As this tender is a Panel type tender with pricing to be obtained on an ‘as required’ basis throughout the contract term, it was therefore determined that the evaluation process would continue using the ‘Non-Price’ criteria.

Quickcell Australian CPB Holcim Waeger % Technology Criteria Precast Contractors (Australia) Pty Inquik Pty Ltd Construction weighting Products Pty Solutions Pty Ltd Ltd s Pty Ltd Ltd Previous Experience 12.00 0.00 10.88 6.80 7.68 6.32 10.96 Physical Resources 12.00 0.00 10.50 6.00 0.00 9.00 10.50 Quality Assurance 6.00 6.00 6.00 6.00 0.00 6.00 6.00 Customer Service 4.00 0.00 4.00 4.00 4.00 0.75 1.25 WH&S 2.00 2.00 2.00 1.25 1.50 1.00 2.00 Referees 2.00 0.00 1.24 1.17 1.28 1.09 1.81 ESD 2.00 2.00 2.00 0.50 0.25 0.50 2.00 Totals 40.00 10.00 36.62 25.72 14.71 24.66 34.52

As this is a panel type tender, It is therefore recommended that Council accept all tenderers with due consideration given to the ‘non-price’ criteria above and specific project pricing when determining the best value solutions for individual projects.

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IMPLICATIONS

Finance & Resourcing

Finance - The products that form part of this tender will be priced on a case by case basis based on specific project needs and available budgets.

Resourcing – Acceptance of this tender will allow staff the ability to procure these products without the need to undertake individual tenders.

Previous Council Resolutions

Nil

Implementation

Pending Council’s resolution, staff will make the necessary arrangements with Regional Procurement to accept/not accept the tender as the case may be.

Statutory

In accordance with the Local Government (General) Regulation 2005 – Part 7 Tendering, where expenditure on a tender exceeds $150,000 over the term of the contract a council must, by resolution, adopt a report accepting the tender recommendation.

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2. ASSET MANAGEMENT POLICY

FILE NO: EF11/41

ANNEXURES: A C3:35 Asset Management Policy

AUTHOR: Executive Manager Infrastructure & Assets

COMMUNITY STRATEGIC Public Infrastructure & Services PLAN

DELIVERY PROGRAM: 9.1 Asset Management

OFFICERS RECOMMENDATION:

It is recommended that Council adopt the Asset Management Policy C3.35.

Precis:

To provide Council with an updated Asset Management Policy which identifies Council’s obligations to effectively account for and manage its assets having regard to the long term and cumulative effects of its decisions.

******

Council will be aware that compliance with the Planning and Reporting Guidelines for Local Government in NSW is a statutory requirement.

One component of the Integrated Planning and Reporting framework is preparation of a Resourcing Strategy. There are three planning documents associated with the Resource Strategy, namely:

 Asset Management Plans;  Long Term Financial Plan; and  Workforce Management Plan.

An essential requirement for preparation of an Asset Management Plan is adoption of an Asset Management Policy. Council has an adopted Policy from June 2012. The revised policy has been updated and outlines the why and how of asset management planning. It is an overarching policy with objectives and implementation guidelines for asset management planning including plan preparation, performance targets and staff responsibilities.

The policy also identifies the various objectives of Council’s Asset Management processes and the associated responsibilities and delegations.

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IMPLICATIONS

Finance & Resourcing

Adoption of the proposed asset management policy in itself will not have an immediate budget impact. Financial impacts will be determined by funding availability, Asset Management Plans and Council’s Long Term Financial Planning strategies.

Previous Council Resolutions

27 June 2012 - Minute No 35750

RESOLVED on the motion of Cr Wall and seconded by Cr McKenzie that Council adopt the Asset Management Policy as attached.

Implementation

Implementation will be ongoing and will be dependent upon resourcing availability.

Statutory

The development of an Asset Management Policy is a statutory requirement.

Community / Consultative

Community consultation will be ongoing as policies, plans and strategies are further developed and refined.

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ANNEXURE ‘A’

POLICY NO C3:35

POLICY TITLE ASSET MANAGEMENT

VERSION I: Adopted 27 June 2012

Last Reviewed: 13 November 2018

BACKGROUND

It is an obligation of Council to effectively account for and manage its assets having regard to the long term and cumulative effects of its decisions. Council owns a diverse portfolio of assets and uses them to deliver a variety of services to its community. To ensure that Council and its community remains strong, vibrant and sustainable, a process needs to be established to ensure that Council's assets and the associated services are managed effectively. Failure to do this presents a key risk that may prevent Council from achieving its goals.

PURPOSE

The purpose of this policy is to set guidelines for the implementation of consistent asset management processes of Council's infrastructure assets.

SCOPE

This policy applies to all Dungog Shire Council departments, officers, employees and contractors.

OBJECTIVES

To ensure adequate provision is made for the long-term replacement of major assets by:  Ensuring that services and infrastructure are provided in a financially sustainable manner, with the appropriate levels of service to customers and the environment.  Safeguarding infrastructure assets including physical assets and employees by implementing appropriate asset management strategies and appropriate financial resources for those assets.  Creating an environment where all employees take an integral part in overall management of infrastructure assets by creating and sustaining an asset management awareness throughout Council by providing appropriate training and development.  Meeting any legislative and regulatory requirements for asset management.  Ensuring resources and operational capabilities are identified and responsibility for asset management is allocated.  Demonstrating transparent and responsible asset management processes that align with demonstrated best practice.

POLICY STATEMENT

Asset management practices impact directly on the core business of Council and appropriate asset management is required to achieve our strategic service delivery objectives.

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Adopting asset management principles will assist in achieving our Strategic Long Term Plan and Long Term Financial objectives

Sustainable Service Delivery ensures that services are delivered in a socially, economically and environmentally responsible manner in such a way that does not compromise the ability of future generations to make their own choices.

Sound Asset Management practices enable sustainable service delivery by integrating customer values, priorities and an informed understanding of the trade-offs between risks, costs and service performance.

POLICY PRINCIPLES

Council’s sustainable service delivery needs will be met by ensuring adequate provision is made for the long-term planning, financing, operation, maintenance, renewal, upgrade, and disposal of capital assets by:

1. Ensuring that Council’s capital assets are provided in a manner that respects financial, cultural, economic and environmental sustainability; 2. Meeting all relevant legislative and regulatory requirements; 3. Demonstrating transparent and responsible Asset Management processes that align with demonstrable best practices; 4. Implementing sound Asset Management plans and strategies and providing sufficient financial resources to accomplish them by: a. Asset Management plans will be completed for all major asset / service areas. b. Expenditure projections from Asset Management Plans will be incorporated into Council’s Long Term Financial Plan. c. Regular and systematic reviews will be applied to all asset plans to ensure that assets are managed, valued, and depreciated in accordance with appropriate best practice. d. Regular inspection will be used as part of the asset management process to ensure agreed service levels are maintained and to identify asset renewal priorities. e. Asset renewals required to meet agreed service levels and identified in adopted asset management plans, and when applicable long term financial plans, will form the basis of annual budget estimates with the service and risk consequences of variations in defined asset renewals and budget resources documented. f. Future life cycle costs will be reported and considered in all decisions relating to new services and assets and upgrading of existing services and assets. g. Future service levels with associated delivery costs will be determined in consultation with the community. h. Ensuring necessary capacity and other operational capabilities are provided and Asset Management responsibilities are effectively allocated; i. Creating a corporate culture where all employees play a part in overall care for Council’s assets by providing necessary awareness, training and professional development; and j. Providing those we serve with services and levels of service for which they are willing and able to pay.

RELATED DOCUMENTS

 Asset Management Strategy  Asset Management Plans  Community Strategic Plan  Long Term Financial Plan

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RESPONSIBILITIES

The following key roles, positions and groups have defined functions as follows:

Councillors are responsible for adopting the policy, allocating resources, and providing high level oversight of the delivery of Council’s asset management strategy and plans. The council is also responsible for ensuring that Council resources are appropriately allocated to ensure sustainable service delivery.

The General Manager has overall responsibility for developing an asset management strategy, plans and procedures and reporting on the status and effectiveness of asset management within the Council.

REVIEW DATE

To ensure that all of the previous mentioned plans and processes remain relevant it is important that maximum deadlines and timeframes be established. The main guiding principle behind these should be the 4 year term of a Council to enable each new Council to have input into the process for their term of office.

Date Policy Adopted Minute No Authority

27 June 2012 35750 Council Resolution

Acknowledgement: This document is based on the template from the Institute of Public Works Engineering Australasia

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3. WORKS PROGRESS REPORT

FILE NO: EF02/208

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

AUTHOR: Works Manager

COMMUNITY STRATEGIC Public Infrastructure & Services PLAN:

8. Council Programs and Activities Supporting Public DELIVERY PROGRAM: Infrastructure and Services

OFFICERS RECOMMENDATION:

That the report be received and the information noted.

Precis:

Reporting on construction and maintenance works undertaken in October 2018.

****** Works carried out during October 2018:-

Road and Bridge Construction

MR301 - Parers Hill - Pavement, drainage and earthworks. (Blackspot) Bullockeys Bridge - Pier and abutment construction. Wheelabout Bridge - Pier and abutment construction. Maitland Road, Paterson - Drainage, pavement and earthworks.

Sealed Road Maintenance

Tar Patching - Clarence Town Streets, RR7778, MR128, MR101, Road and Dungog Streets. Heavy Patching - MR301 and Chichester Dam Road. Drainage works - RR7764 and MR301.

Unsealed Road Maintenance

Gravel Sheet - Lewinsbrook Road, Dog Trap Creek Road, Fishers Hill Road, Cross Keys Road, Fosterton Road, Moylans Road, Clements Road and Torryburn Road. Maintenance Grade - Dog Trap Creek Road, Fishers Hill Road, Lewinsbrook Road, Cross Keys Road, Fosterton Road and Moylans Road, Clements Road and Torryburn Road.

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Bridge, Concrete and Other Maintenance Works

Bridge Maintenance - Fosterton Bridge (Flood Rack), Saxby’s Bridge Tree Removal - Road

Roadsides

Roadside mowing was undertaken on the following roads:- MR101.

Sporting Grounds:-

The following sporting grounds were mown (the number of mowing’s shown in brackets):- Gresford Sporting Complex (1), Bennett Park Oval (2), Bennett Park Surrounds (1), Dungog Showground Surrounds (1), Clarence Town Football Field (1) and Vacy Sports Ground (1).

Parks/Reserves/Cemeteries:-

The following Parks, Reserves and Cemeteries were mown (the number of mowing’s shown in brackets):- Jubilee Park (1), Lioness Park (1), Lions Park (Clarence Town Road) (1), Lions Park (Scott Avenue) (1), Clarence Town School of Arts (1), Skipline Park (1), John Tucker Park (1), Kings Wharf Reserve (1), Allan Fairhall Reserve (1), Paterson War Memorial (1), Webbers Creek Bridge Reserve (1), Orana Park (1), Gresford Skate Park (1) and Vacy Park (1).

Major Works scheduled to be continued or commenced in the next 3 months:-

Attached as Annexure ‘B’ is a list of the major works scheduled for the forthcoming 3 months.

IMPLICATIONS

Finance & Resourcing

Works are undertaken as per Council’s Operational Plan and budgetary constraints.

Previous Council Resolutions

This report is provided monthly for Councillor information.

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Annexure ‘B’

Work Location / Proposed Works Status Description Dowling Street/Hooke Construction of a Roundabout Roundabout is practically complete. Street Roundabout and associated blisters. Two hydrants have been raised with one left to be raised. Monument signage to be installed. James Bridge Replacement of existing timber Bridge works complete with guardrail (Innovation Fund) bridge with single lane concrete to be installed. structure.

Wheelabout Bridge Replacement of existing timber Bridge contract works by Bridge (Fixing Country Roads) bridge with single lane concrete Build and Civil Pty Ltd are structure. continuing. The new bridge is expected to be completed with traffic access in February 2019.

Bullockeys Bridge Replacement of existing timber Bridge contract works by Saunders (Fixing Country Roads) bridge with single lane concrete Civilbuild Pty Ltd are continuing. structure. The new bridge is expected to be completed with traffic access in February 2019. Tucker Park, Paterson Construction of new amenities Development application being Amenities Upgrade building and BBQ shelter processed.

MR101, Maitland Road Road Reconstruction between Construction works are currently Paterson Williams Street and Albert being undertaken with the current Street. works focussing on the major drainage requirements. MR101 – Clarence Town Widening of Shoulders and Construction works are practically Road – Parer’s Hill installation of Guardrail complete. Final seal and line (Blackspot) marking to be undertaken in November. Allyn River Road – North Reconstruction of 1.0km of Allyn Construction works are scheduled to of Camyr Allyn Bridge. River Road. commence in November.

Dowling Street between Reconstruction of 3 blocks of Draft Design complete and reviewed Mary Street and Mackay Dowling Street by the ‘A’ Ward Councillors. Two Street designs will now go on Public Exhibition. Design and contract for movement of water main being finalised with Hunter Water – relocation to be undertaken in late 2018. Actual pavement work to commence in 2019.

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Page 190 CORPORATE SERVICES DEPARTMENT

1. FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2018

FILE NO: EF08/64

ANNEXURES: Nil

AUTHOR: Manager Finance Council Governance & Finance - Council undertakes COMMUNITY STRATEGIC prudent financial management to ensure its long-term PLAN: viability DELIVERY PROGRAM: 5.1 Finance – Budget

Road OFFICERS RECOMMENDATION:

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

Precis:

Presentation of the audited general purpose financial statements, special purpose financial statements and special schedules as per the requirements of Section 419 of the Local Government Act 1993. ********** In accordance with the provisions of Section 418 of the Local Government Act 1993, a summary of Council's financial statements were advertised in the Dungog Chronicle on 14 November 2018 giving notice that the financial statements and auditor’s report would be presented to Council at the ordinary meeting on 21 November 2018. The reports are available for public inspection at the Council's offices and written submissions thereon may be lodged up until 4.00 pm 29 November 2018.

All accounting and finance records have been kept in accordance with the requirements of Division 2 of Part 3 of the Local Government Act 1993 and present fairly in all material respects, the Council’s financial position.

Extracts from the audited financial statements are shown below with a complete copy of the Financial reports available from Council if required:-

Current Year Previous $'000 Year $'000 Income Statement Total Income from Continuing Operations 21,851 22,552 Total Expenses from Continuing Operations 18,249 20,420 Net Operating Result from Continuing Operations - Surplus/(Deficit) 3,602 2,132 Net Operating Result from Continuing Operations before capital grants & -4,087 -4,013 contributions Balance Sheet Total Current Assets 11,560 16,567 Total Non Current Assets 313,404 302,279 Total Assets 324,964 318,846 Total Current Liabilities 2,845 3,133 Total Non Current Liabilities 4,009 4,135 Total Liabilities 6,854 7,268 Net Assets 318,110 311,578 Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 191 Cash Flow Statement Current Previous Year Year $’000 $’000 Rates & Annual Charges 6,950 6,629 User Charges & Fees 1,084 1,077 Investments income 253 488 Grants & Contributions 12,562 13,766 Bonds, Deposit & Retentions 4 33 Other operating receipts 1,933 865 Employee Costs (5,040) (4,562) Materials & contracts (3,893) (6,830) Borrowing Costs (108) (84) Bonds, Deposits& Retentions refunded 0 0 Other operating payments (2,188) (1,981) Net cash provided (or used) Operating activities 11,557 9,401 Proceeds from sales of Infrastructure, Property, Plant & Equipment 343 268 Proceeds from sale of Real Estate 0 94 Proceeds from sale of Investment Securities 0 250 Deferred Debtors payments 5 7 Distribution Received from Joint Ventures & Associates 0 0 Purchase of Investment Securities (12,011) 0 Purchase of Infrastructure, Property, Plant & Equipment (7,884) (9,031) Purchase of Real Estate (104) 0 Contributions Paid to Joint Ventures & Associates 0 0 Net cash provided (or used) Investing Activities (19,651) (8,412) Proceeds from Borrowings & Advances 0 0 Proceeds from Other Sources 0 0 Repayment of Borrowings & Advances (152) (144) Distributions to Joint Ventures & Associates 0 0 Net cash provided (or used) Financing Activities (152) (144)

Net increase (Decrease) in cash held (8,246) 845 Cash assets at beginning reporting period 9,414 8,569 Cash assets at end of reporting period 1,168 9,414 Investments on Hand – year end 16,761 4,750 Total Cash, Cash Equivalents & Investments 17,929 14,164

The key indicators in relation to Council's performance are highlighted within Note 23 of the general purpose financial reports, and are summarised as follows:-

Current Previous Statement of Performance Measurement Year Year $'000 $'000 Statutory Requirements Unrestricted Current Ratio 8.39:1 8.2:1 Debt Service Cover Ratio 12.02:1 11.5:1 Rates & Annual Charges Outstanding 6.13% 6.03% Building & Infrastructure Renewals Ratio 1.04:1 0.92:1

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 192 The composition of restricted assets at 30 June 2018 is represented in Note 6 of the General Purpose Financial Statements and is as follows:-

Cash Assets & Investments Current Previous Restricted Cash Assets Year Year $’000 $'000 Specific Purpose Unexpended Loan 238 351 Developer Contributions 5,716 5,088 RMS Contributions 0 0 Unexpended Grants 2,050 144 Domestic Waste Management 761 701 RSA road contributions 39 39 Alison Court Resident Loans 0 0 Bike Path 8 8 Kerb, Gutter & Pavement 64 64 Deposits & Retentions 195 192 Other – RLCIP 1 1 Total External Restrictions 9,072 6,587

Plant & Equipment 1,620 1,659 Settlements for the Aged 170 162 Shire Property 351 220 Building & Grounds 421 416 Special Projects 2,391 1,495 Discontinued Funds Transfer 749 749 Town Funds & Shire Works 112 112 Other Waste Management 386 333 Insurance Equalisation 268 268 FAG Unexpended 0 0 RBF Unexpended Vote 597 868 Employee Leave Entitlements 1,161 1,042 Other 0 0 Total Internal Restrictions 8,226 7,324

Total Funded Restrictions 17,298 13,912

Total Cash & Investments 17,929 14,164

Unrestricted Cash Assets 631 252

Council received an unqualified audit report in relation to the general purpose financial statements and the special purpose financial statements with the audit being undertaken within the timeframes specified within Section 416 of the Local Government Act 1993. In accordance with Circular 13-38, Council has emailed the audited financial statements, plus a copy of the Auditor’s reports on the financial statements to the Office of Local Government on 31 October 2018.

Mr Geoff Allen, Principal at Forsyths, will be making a presentation to Council at 5.15pm on 21 November 2018 in relation to the audited financial reports.

A complete copy of the financial reports are available for inspection at the Administration Office and a copy will be made available to Councillors upon request.

IMPLICATIONS

Statutory

Satisfies Council’s obligations under Section 419 of the Local Government Act 1993.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 193 Previous Council Resolutions

Minute No. 37705

That the Financial Statements and Auditors Reports for the year ended 30 June 2017 be received and noted.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 194 QUARTERLY FINANCE REPORT FOR THE PERIOD ENDING 30 SEPTEMBER 2. 2018

FILE NO: EF08/224 Quarterly finance report for the period ending 30 March ANNEXURES: B 2018

AUTHOR: Manager Finance

COMMUNITY STRATEGIC Council Governance and Finance PLAN:

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

That the variations to budgeted expenditures and revenues for the September quarter be approved and form part of the Operational Plan 2018/19.

Precis:

Review of expenditure and revenues as per Section 203 of the Local Government (General) Regulation 2005 for the quarter ending 30 September 2018.

********** Responsible Accounting Officers Certificate:

Section 203 (2) of the Local Government (General) Regulation 2005 requires that the budget review statement include or be accompanied by a report from the responsible accounting officer. This report is required to indicate whether financial position of the Council is satisfactory, having regard to the original estimate of income and expenditure, and if that position is unsatisfactory, recommendations for remedial action.

Upon inspection of the budget review statements I Benjamin Hamilton, hereby state that having regard to the original estimate of income and expenditure of Council, the level of available working capital projected to year end is satisfactory.

The quarterly finance report for the period ending 30 September 2018 is provided as Annexure ‘A’ for Council’s consideration.

Adjustments have been made to reflect current income and expenditure, and where appropriate a commentary is included for Council’s consideration.

General Fund

Income & Expenses

The proposed variation for the quarter shows a net Operating and Capital improvement of $25,000, the projected result after variations is continuing deficit of $79,297 (deficit of $104,297 on original estimate for 2018/19).

Capital Projects

Capital expenditure on roads and bridges infrastructure and other assets is reported to Council on a monthly basis by the Executive Manager – Infrastructure and Assets.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 195 Cash & Investments Position

Year to date cash and investments position has remained largely unchanged from Councils original Operational Plan. Carry forward projects and additional works are all funded from either restricted cash assets or grant funding and have no impact on the cash position of council.

Statements:

Investments

Council’s restricted funds are invested in accordance with council’s investment policies – refer Executive Manager Corporate Service Report - Monthly Statement of Investments.

Cash

Council has reconciled its cash accounts and investments with the bank statements as at 30 September 2018.

Contracts and Other Expenses

Council has not entered into any material contract during the quarter with a supplier outside Council’s preferred contracts list and greater than $50,000.

Consultancy and Legal Expenses Expenditure YTD Budgeted $

Consultancies 67,817 100%

Legal Fees 29,618 100%

IMPLICATIONS

Financial

The report has minor budget variations being; an increase in the expected revenue from Section 94 receipts of $35,000, an expected increase in street tree maintenance expense of $10,000. The adjustments if adopted will form part of the Operational Plan 2018/19.

Statutory

The budget review satisfies requirements under Section 203 of the Local Government (General) Regulation 2005.

Previous Council Resolutions

Minute No. 37652

That the variations to budgeted expenditures and revenues for the December quarter be approved and form part of the Operational Plan 2017/18.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 196 ANNEXURE ‘A’

DUNGOG SHIRE COUNCIL

RESTRICTED CASH ASSETS & INVESTMENT SECURITIES

Brought Recommended Projected forward changes for year end as at Budgeted Original Council result Actual YTD 1/7/18 Movements Budget Resolution 2018/19 30/9/2018 $'000 $'000 $'000 $'000 $'000 $'000 Cash & Cash Equivalent Assets 9,668 (104) 9,564 25 9,589 10,004 Investment Securities 8,261 - 8,261 - 8,261 8,250 TOTAL CASH & INVESTMENT SECURITIES 17,929 (104) 17,825 25 17,850 18,254

External Restrictions 9,072 (47) 9,025 35 9,060 9,314 Internal Restrictions 8,226 (546) 7,680 - 7,680 8,226 Unrestricted/unexpended grants 631 489 1,120 (10) 1,110 714 17,929 (104) 17,825 25 17,850 18,254

External Restrictions Included in liabilities Unexpended Loans 238 (169) 69 - 69 238 238 - - 238

Other Developer Contributions 5,716 50 5,766 35 5,801 5,886 RMS Contributions ------Unexpended Grants 2,050 - 2,050 - 2,050 2,050 Domestic Waste Management 761 72 833 - 833 833 Rail Services Australia 39 - 39 - 39 39 Aged Care Residential Loans ------Bike Path 8 - 8 - 8 8 Deposits & Retentions 195 - 195 - 195 195 Kerb & Gutter 10 - 10 - 10 10 Pavement 54 - 54 - 54 54 RLCIP Infrastructure Funding 1 - 1 - 1 1 8,834 122 8,956 35 8,991 9,076 Total External Restrictions 9,072 122 8,956 35 8,991 9,314 Internal Restrictions Employee Leave Entitlements 1,161 - 1,161 - 1,161 1,161 Plant replacement 1,620 (624) 996 - 996 1,620 Settlement for the Aged 170 35 205 - 205 170 Buildings & Grounds 421 4 425 425 421 Shire Properties 351 (10) 341 341 351 Special Projects 2,391 - 2,391 2,391 2,391 Town Funds 112 - 112 - 112 112 Other Waste Management 386 49 435 - 435 386 Insurance Equalisation 268 268 - 268 268 FAG ------RBF unexpended 597 - 597 - 597 597 Discontinued Funds Transfer 749 - 749 - 749 749 Other ------Total Internal Restrictions 8,226 (546) 7,680 - 7,680 8,226

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 197

Council - Income & Expenditure Original Revised Approved Actual Proposed Description Estimate Estimate Balance Variations 31/10/18 Variation 2018/19 2018/19

Operating Revenues Corporate & Client Services 334,291 0 334,291 116,864 217,427 0 Public Order & Safety 44,770 0 44,770 8,914 35,856 0 Health 68,850 0 68,850 280 68,570 0 Community Services & Education 113,990 0 113,990 0 113,990 0 Housing & Community Amenities 3,055,362 0 3,055,362 2,251,668 803,694 0 Recreation & Culture 88,690 0 88,690 1,394 87,296 0 Mining Manufacture & Construction 91,350 0 91,350 23,668 67,682 0 Transport & Communication 12,107,031 0 12,107,031 836,524 11,270,507 0 Economic Affairs 201,603 0 201,603 49,549 152,054 0 General Purpose Revenues 7,666,205 0 7,666,205 6,008,168 1,658,037 35,000 Total Operating Revenues 23,772,142 0 23,772,142 9,297,029 14,475,113 35,000

Non Operating Revenues Corporate & Client Services 3,075,730 0 3,075,730 18,145 3,057,585 0 Public Order & Safety 250,345 0 250,345 0 250,345 0 Health 0 0 0 0 0 0 Community Services & Education 95,000 0 95,000 0 95,000 0 Housing & Community Amenities 240,282 0 240,282 0 240,282 0 Recreation & Culture 882,000 0 882,000 0 882,000 0 Mining Manufacture & Construction 130,547 0 130,547 0 130,547 0 Transport & Communication 4,546,843 0 4,546,843 0 4,546,843 0 Economic Affairs 872,512 0 872,512 0 872,512 0 General Purpose Revenues 0 0 0 0 0 0 Total Non Operating Revenues 10,093,259 0 10,093,259 18,145 10,075,114 0 Total Revenue 33,865,401 0 33,865,401 9,315,174 24,550,227 35,000

Operating Expenditure Corporate & Client Services -2,843,634 0 -2,843,634 278,739 -3,122,373 0 Public Order & Safety -744,371 0 -744,371 -162,900 -581,471 0 Health -162,918 0 -162,918 -78,494 -84,424 0 Community Services & Education -229,126 0 -229,126 -55,942 -173,184 0 Housing & Community Amenities -3,681,949 0 -3,681,949 -1,059,408 -2,622,541 0 Recreation & Culture -1,720,318 0 -1,720,318 -280,779 -1,439,539 0 Mining Manufacture & Construction -431,298 0 -431,298 -218,549 -212,749 0 Transport & Communication -8,820,753 0 -8,820,753 -1,253,129 -7,567,624 -10,000 Economic Affairs -455,244 0 -455,244 -185,114 -270,130 0 Total Operating Expenditure -19,089,611 0 -19,089,611 -3,015,576 -16,074,035 -10,000

Non Operating Expenditure Corporate & Client Services -2,436,697 0 -2,436,697 -117,094 -2,319,603 0 Public Order & Safety -6,000 0 -6,000 0 -6,000 0 Health 0 0 0 0 0 0 Community Services & Education -36,766 0 -36,766 -886 -35,880 0 Housing & Community Amenities -319,893 0 -319,893 -28,905 -290,988 0 Recreation & Culture -158,609 0 -158,609 -69,984 -88,625 0 Mining Manufacture & Construction -10,000 0 -10,000 0 -10,000 0 Transport & Communication -10,992,650 0 -10,992,650 -1,641,918 -9,350,733 0 Economic Affairs -837,472 0 -837,472 -47,350 -790,122 0 General Purpose Revenues -82,000 0 -82,000 0 -82,000 0 Total Non Operating Expenditure -14,880,087 0 -14,880,087 -1,906,137 -12,973,950 0 Total Expenditure -33,969,698 0 -33,969,698 -4,921,713 -29,047,985 -10,000

Net Result By Fund General Fund -104,297 0 -104,297 4,393,461 -4,497,758 25,000 Net Cost to Council -104,297 0 -104,297 4,393,461 -4,497,758 25,000

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 198

3. STATEMENT OF INVESTMENTS

FILE NO: EF08/220

ANNEXURES: B Statement of Investments

AUTHOR: Finance Manager

COMMUNITY STRATEGIC Council Governance & Finance - Council undertakes prudent PLAN: financial management to ensure its long-term viability

DELIVERY PROGRAM: 5.4 Finance – Investments

OFFICERS RECOMMENDATION:

The report be received and the information noted.

Precis:

Clause 212 of Local Government (General) Regulation 2005 requires a monthly report to Council outlining all money’s Council has invested under Section 625 of the Local Government Act. **********

The Statement of Investments as at 31 October 2018 incorporating the Responsible Accounting Officer's Certificate is attached as Annexure ‘B’.

Background

A significant component of the financial assets of Council is Restricted as per Australian Accounting Standard AASB 107. These Restrictions are either externally enforceable (ie domestic waste management) being usable only if meeting legislative criterion, or internally restricted (ie quarry rehabilitation) being usable with resolution of Council and in accordance with both Accounting Standards and Office of Local Government Regulations.

The Council is currently custodian of $17,485,297 in cash or cash like deposits. Of this, 97.2%% is held as Restricted Assets, not usable for general operating purposes rather constrained as described above. These Restricted Assets are split, 54.8% External and 45.2% Internal.

IMPLICATIONS

Financial

There are no financial, statutory, environmental, community or consultative implications

associated with this report.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 199 ANNEXURE ‘B’

Investment Summary as at 31 October 2018

Cash at Call 224,467.69 Term Deposits 9,000,000.00 Floating Rate Notes 8,250,000.00 Total Investments $17,474,467.69

Portfolio Listing: Term Deposits: Institution Period Due Date Interest Total MMBS 189 12-Mar-19 2.750% $500,000.00 CBA 240 19-Dec-18 2.660% $500,000.00 NPBS 294 24-Jun-19 2.600% $1,000,000.00 NAB 182 07-Jan-19 2.720% $500,000.00 NAB 238 17-Dec-18 2.640% $500,000.00 NAB 255 14-Jan-19 2.670% $500,000.00 NAB 184 21-Feb-19 2.640% $500,000.00 NAB 239 08-Nov-18 2.590% $500,000.00 Bendigo Bank 248 08-Feb-19 2.700% $500,000.00 Bendigo Bank 266 01-Mar-19 2.800% $500,000.00 Bendigo Bank 290 25-Mar-19 2.800% $500,000.00 Bendigo Bank 307 16-Apr-19 2.800% $500,000.00 Bendigo Bank 310 02-May-19 2.800% $500,000.00 Bendigo Bank 336 28-May-19 2.800% $500,000.00 IMB 176 30-Jan-19 2.750% $500,000.00 IMB 196 21-Feb-19 2.750% $500,000.00 IMB 190 06-Dec-18 2.700% $500,000.00 Total Term Deposits $9,000,000.00

Other Investments: Institution Investment Type Due Date Yield Total CUA FRN 20/03/2020 BBSW+130 $750,000.00 CBA FRN 17/07/2020 BBSW+90 $1,000,000.00 CBA FRN 25/07/2022 BBSW+88 $1,000,000.00 ME Bank FRN 6/04/2020 BBSW+125 $1,000,000.00 ME Bank FRN 6/04/2020 BBSW+125 $500,000.00 BOQ FRN 24/06/2019 BBSW+110 $500,000.00 BOQ FRN 18/05/2021 BBSW+102 $500,000.00 BOQ FRN 3/02/2023 BBSW+143 $1,000,000.00 Bendigo FRN 25/01/2023 BBSW+109 $1,000,000.00 NPBS FRN 6/02/2023 BBSW+140 $1,000,000.00 NAB At Call At Call 0.95% $ 224,467.69 Total Other Investments $8,474,467.69

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 200 Financial Institution Distribution:

National Australia Bank 8.58% Credit Union Australia 15.58% 11.45% Members Equity Bank 4.29% Bank of Queensland 2.86% Bendigo Bank 8.63%

Commonwealth Bank 14.30% Maitland Mutual Building Society 11.44%

Newcastle Permanent Building Society 22.87% Illawarra Mutual Building Society

Investment Maturity Distribution:

I hereby certify that the above Investments have been made in accordance with the Local Government Act 1993, Local Government (General) Regulation 2005 and Council's Investment Policy.

S L Chandler RESPONSIBLE ACCOUNTING OFFICER

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 201

4. WORKS COST STATEMENT

FILE NO: EF08/221

ANNEXURES: C Works Cost Statement

AUTHOR: Finance Manager Council Governance & Finance - Council undertakes COMMUNITY STRATEGIC prudent financial management to ensure its long-term PLAN: viability.

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

OFFICERS RECOMMENDATION:

The report be received and the information noted.

Precis:

A selective summary of expenditures on capital works and maintenance expense areas within Council’s roads, bridges, cemeteries, toilets, parks and sports grounds cost centres.

******** The Works Cost Statement for the period ending 31 October 2018 is attached for Councillors information as Annexure ‘C’.

Local Roads Maintenance Works Whilst early in the new financial year, Council has tracked slightly under budget at 29.6% overall for Maintenance Works.

Major maintenance works undertaken in October, contributing to expenditure include:-  Rural Roads Unsealed Maintenance: including gravel sheeting and maintenance grading on Lewinsbrook Road, Dog Trap Road, Fishers Hill Road and Fosterton Road.  Sealed Road Maintenance: including tar patching on streets within Clarence Town and Dungog with various rural roads also treated. Heavy patching occurred in Chichester Dam Road and MR301.  Bridge Maintenance: including Fosterton Bridge (Flood Rack) and Saxby’s Bridge.

Local Roads Capital Works Major capital works undertaken in October, contributing to expenditure include:-  Bullockeys & Wheelabout Bridges – Bridge construction, including the continuation of pile and abutment construction;

Roads & Maritime Services (Including Grants) Major capital works undertaken in October, contributing to expenditure include:-  MR101 – Maitland Road, Paterson – A continuation of Earthworks, Drainage and Pavement;  MR301 – Clarence Town Road at Parers Hill – Black Spot works have commenced including Earthworks, Drainage and Pavement

The works progress report within the Infrastructure & Assets area provides further information on some items in this report, including scheduled dates for commencement for individual projects and works undertaken in the prior month. The Infrastructure & Assets Department will provide further reports to Council regarding any major over-expenditure items if and/or when required.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 202 ANNEXURE ‘C’

Works Cost Statement 2019

Description Original Amended Revised Expend % Vote 2018/19 Vote Oct-18 Spent

Urban Roads Maintenance 207,733 207,733 59,858 28.8% Urban Roads Reseals 82,243 82,243 1,800 2.2% Rural Roads Sealed Maintenance 644,783 644,783 269,270 41.8% Rural Roads Reseals 361,386 361,386 32,411 9.0% Rural Roads Unsealed Maintenance 458,592 458,592 260,365 56.8% Bridges Maintenance 472,626 472,626 93,362 19.8% Tree Planting & Maintenance 1,173 1,173 1,363 116.2% Traffic Facilities 61,394 61,394 6,561 10.7% Footpaths M & R 53,917 53,917 1,001 1.9% Sporting Grounds 76,930 76,930 1,876 2.4% Parks & Reserves 108,300 108,300 31,545 29.1% Public Conveniences 66,610 66,610 30,236 45.4% Public Cemeteries 39,920 39,920 10,009 25.1% Total Maintenance Works 2,704,347 2,704,347 799,657 29.6%

RMS Ongoing Services Regional Roads Maintenance 902,700 902,700 354,572 39.3% Regional Roads Reseals 237,660 237,660 2,556 1.1% Traffic Facilities 56,000 56,000 14,847 26.5%

RMS Grants - Repair/Auslink/Blackspot

MR101 - South of William to Albert 1,322,400 1,322,400 305,784 23.1% MR101 - Dowling - Mary to Mackay (Grant) 1,260,000 1,260,000 28,940 2.3% MR101 - Dowling - Mary to Mackay (Council) 879,500 879,500 0 0.0% MR101 - Dungog Road East of Merchants 510,000 510,000 0 0.0% RR7764 Allyn River Road 1.2km North of CA Bridge 677,000 677,000 27,167 4.0% MR301 Clarence Town Rd Parers Hill 260,000 260,000 127,464 49.0% RR7764 Bingleburra Rd Jersey Kerb 190,000 190,000 0 0.0%

Total RMS Capital Works 6,295,260 - 6,295,260 861,330 13.7%

Road Construction Coulston Bridge 1,050,610 1,050,610 0 0.0% Spooner Bridge 1,028,500 1,028,500 1,217 0.1% Wheelabout Bridge 1,610,510 1,610,510 331,908 20.6% Bullockeys Bridge 1,670,504 1,670,504 330,693 19.8% Limeburners Creek Road - West of Boatfalls 351,470 351,470 348,766 99.2% Total Other Capital Works 5,711,594 - 5,711,594 1,012,584 17.7% - Total Capital Works 12,006,854 - 12,006,854 1,873,914 15.6%

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 203

5. COUNCILLORS TRAVELLING & OTHER EXPENSES

FILE NO: EF08/222

ANNEXURES: Nil

AUTHOR: Executive Manager Corporate Services

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

DELIVERY PROGRAM: 1.1 Councillor representation

OFFICERS RECOMMENDATION:

The report be received and information noted.

Precis:

Report on Councillors travelling for Councillors information.

********** Hereunder is a list of meetings/inspections or business of Council held/to be held since the October Meeting of Council.

Hunter Joint Organisation Meeting 18/10/18 Meeting with Minister Pavey 18/10/18 Australia Day Committee 19/10/18 LGNSW Conference 22-23/10/18 Biovalley Forum 2018 24/10/18 Solar Panel Meeting 26/10/18 Dungog High School Meeting 29/10/18 Muswellbrook Council site visit 30/10/18 Grant Funding Photo Shoot with Michael Johnsen MP 31/10/18 Councillor Strategic Workshop 31/10/18 Meeting with Martin Rush 01/11/18 Dungog Showground Committee 01/11/18 Country Mayors Association 02/11/18 Planning Day 2 05/11/18 James Theatre Meeting 05/11/18 Daracon Meeting 07/11/18 Dungog Show 10/11/18 Clarence Town Bowling Club 40th Anniversary 10/11/18 Remembrance Day Service 11/11/18 Martins Creek Hall Committee AGM 13/11/18 Local Health Advisory Committee 14/11/18 Meeting to Discuss Confusion in the Community 14/11/18 Bushfire Management Committee 14/11/18 Meeting with Richard Williams 15/11/18 Sunshine Club Cheque Presentation 15/11/18 Meeting with Maitland CC Mayor and GM 20/11/18 Ordinary Council Meeting 21/11/18

IMPLICATIONS

There are no financial, statutory, environmental, community or consultative implications associated with this report. Council’s travelling costs are currently within budget.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 204 GENERAL MANAGERS REPORTS

1. COUNCIL CHRISTMAS ARRANGEMENTS - 2018

FILE NO: EF07/53

ANNEXURES: Nil

AUTHOR: The General Manager

COMMUNITY STRATEGIC Not applicable PLAN:

DELIVERY PROGRAM: Not applicable

OFFICERS RECOMMENDATION:

That the report be received and the information noted.

Precis:

Reporting on the proposed Christmas arrangements for 2018.

******** The following information is provided to Councillors regarding arrangements for the forthcoming Christmas/New Year close down period. Council’s Administration centre doors will close at 1.00pm on Monday 24 December 2018. The Depot will be closed from 4.30 pm on Thursday 20 December 2018.

The Administration Office and Depot will resume operations on Wednesday 2 January 2019. There will be a reduced number of outdoor staff working throughout the Christmas/New Year period.

Council’s Library will open for normal hours on Saturday 22 December 2018 and will resume normal library hours from Wednesday 2 January 2019. The Visitors Information Centre (VIC) will close at 1.00pm on Monday 24 December 2018 and will re-open on Thursday 27 December 2018; the VIC will also be closed Tuesday 1 January 2019.

Council’s landfill operations are closed Tuesday and Wednesday each week and as such will operate as normal over the Christmas/New Year period.

Advertising will take place from early December and will be on display at Council’s various work locations to inform the community of Council’s operational hours over Christmas/New Year.

IMPLICATIONS

Finance and Resourcing

With the exception of the dates 27, 28 and 31 December 2018 all staff on leave will be accessing their leave entitlements. Other days in this period are gazetted public holidays.

Customer service during this period will be limited however customer need is also tapered during this time.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 205 In the case of an emergency an after hours/emergency Council staff roster will be in place.

Previous Council Resolutions

15 November 2017 - Minute No. 37596

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

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 206

2. CLOSED COUNCIL

FILE NO: N/A

ANNEXURES: Nil

AUTHOR: The General Manager

COMMUNITY STRATEGIC Council Governance & Finance - Decision-making PLAN: processes are open, transparent and inclusive

DELIVERY PROGRAM: 2.1 Governance – Meetings.

OFFICERS RECOMMENDATION:

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

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

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

Precis:

Report referring matters to Closed Council.

******** In accordance with the Local Government Act 1993 and the Local Government General Regulation 2005, in the opinion of the Acting General Manager, the following business is of a kind as referred to in Sec 10A(2) of the Act, and should be dealt with in a part of the meeting closed to the media and public.

Set out below is Section 10A(2) of the Local Government Act 1993 in relation to matters which can be dealt with in the closed part of a meeting.

The matters and information are the following:

(a) personnel matters concerning particular individuals (other than Councillors) (b) the personal hardship of any resident or ratepayer (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business (d) commercial information of a confidential nature that would if disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the Council, or (iii) reveal a trade secret

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 207 (e) information that would, if disclosed, prejudice the maintenance of law (f) matters affecting the security of the Council, Councillors, Council staff or Council property (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege (h) information concerning the nature and location of a place or an item of Aboriginal significance on community land.

ENVIRONMENTAL SERVICES DEPARTMENT

1. PROPOSED ACQUISITION OF LAND

This item is classified CONFIDENTIAL under Sec 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:

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

This matter is classified confidential because it pertains to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

IMPLICATIONS

Legislative

The matters are referred to in the context of Sec 10A(2) of the Local Government Act 1993.

Consultative

Members of the public are invited to make representations to the Council meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed.

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REPORTS FROM COMMITTEES AND OUTSIDE ORGANISATIONS

1. COUNCIL’S MANAGEMENT COMMITTEE MEETING MINUTES

FILE NO: N/A

ANNEXURES: A Management Committee Meeting Minutes

AUTHOR: The General Manager

OFFICERS RECOMMENDATION:

That the minutes of the Management Committee Meeting be received and noted.

Precis:

Reporting on Minutes of Council Management Committee Meetings provided to Council.

********

The minutes of the following Management Committee Meetings are attached as Annexure ‘A’ to this report:

 Vacy Sportsground 355 Committee Meeting held 20 September 2018  Paterson School of Arts Committee Annual General Meeting held 24 September 2018  Paterson School of Arts Committee Meeting held 24 September 2018  Dungog Showground Committee Meeting held 4 October 2018  Australia Day Committee Meeting held 19 October 2018 

IMPLICATIONS

Financial

There are no financial implications the report is for information purposes only.

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ANNEXURE ‘A’

Vacy Sportsground 355 Committee General Meeting Notes 20th September 2018. Vacy School of Arts – Meeting commenced at 7.45 pm. Quorum not achieved. Attendance - Glenn Wall, Ken Lambert OAM, Peter Williams AFSM, Andrew Williams. Apologies - Karen Basham Minutes - The minutes of the previous meeting were read but not adopted. Moved – Sec – Business arising from minutes 1. The Council is still to undertake a full review of Sports Fields (DSC Minute 35432). 2. The ground signage was raised again as a discussion point and G. Wall advised that ground signage would be addressed as part of the full review of the sportsgrounds (DSC Minute 35432) – G. Wall is to request that signage be placed on the ground as regards no smoking, no dogs / horses; no glass to be taken onto the ground; and a please keep the gate shut sign on the double gates.

Correspondence IN Email from DSC re Electricity plans Emails and accounts Origin Energy (May & Aug) Email from Origin Energy to renew power plan DSC GST returns Out Payments to Origin Energy (May & Aug) Email to DSC re power usage and current plan DSC GST returns Murray Brooker re use of the SOA. Meeting agenda.

Correspondence dealt with - Moved by Sec – Treasurers Report Balance as 20/09/2018 -: $ 7,194.65 As per attached sheets Moved - Sec – General Business The members had a frank and open discussion as regards the ongoing operations of the Committee and determined that the ground revert back to Council control and operations. As such in determining the grounds revert to Council control, Mr. Ken Lambert resigned as Ground keeper and Vice President; and Peter Williams resigned as Secretary and Andrew Williams advised that the Gresford Vacy Soccer Club have no problems with the ground reverting to Council control as long as the club has continued use for training during the week in winter.

To encapsulate some of the discussion from the meeting, the following points were raised -: 1. The ground is at the point that it is virtually a Council provided playground for Vacy Public School during the week days. 2. There is no scope for future expansion of the Sportsground and the Committee have carried out all the projects identified within the Plan of Management over the past 18 years that were within the Committee's scope. 3. Given the new Council policy as regards Development Applications required for events, the Management Committee is not required in the future to facilitate or administer event preparation etc. 4. For the past three years we have struggled to achieve a quorum (since 2015, the Committee meetings only achieved a quorum for three out of eight meetings). The Sportsground constitution states that the Committee shall consist of not less than ten nor

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Page 210 more than sixteen persons and a quorum shall consist of half the members (minimum of five). 5. For the past 18 years Committee members have topsoiled the grounds when required, sprayed for weeds and bindii on a yearly basis, carried out maintenance and repairs without charge (labour) to the management committee and undertaken every infrastructure project at minimal or no cost to Council. Several members are so disillusioned with the proposed rate increase they believe the Council should have the capacity to fully undertake all operations, maintenance and improvements of the ground. 6. The Committee recommends; resulting from issues with the last Vacy Country Carnival; that Council in the future prohibit large vehicles and livestock on the grounds and only stalls be permitted (The Chair advised that this would be contingent on Conditions of Approval resulting from a Development Application determination). 7. As indicated in minutes over the past years ground signage would be addressed as part of the full review of the sportsgrounds (DSC Minute 35432). Lack of signage continually exacerbates issues for the groundkeeper as regards entry, ground closure, dogs on the oval (dog faeces), alcohol consumption and glass on the grounds etc. The belief is if Council controlled the grounds these matters could be more strongly reinforced. 8. There is no scope to attract anybody to take on any positions of the Management Committee or participate; as this process has been completely exhausted since 2010. The only group that was interested in the past was due to a commercial self-interest and they have now fully established elsewhere. Given the above and subsequent resignations, Cr. Wall implied, he will do nothing before he discusses this further with staff next week, and he will ask Staff that consideration be given to the following points which were also discussed -: 1. That the mowers and wipper snipper which were procured by various grants, if they are surplus to Council staff needs, be transferred to the Gresford Sporting Complex as they have a need for new equipment (one mower and the wipper snipper are hardly used with the mower having 28 running hours). The travelling irrigator (again purchased with grant funds) be held on the grounds in the storage container for watering the ground. If staff determine that no plant is to be held at the grounds; that the storage container and possibly the travelling irrigator also be offered to Gresford. 2. After discussions with Mr. Chandler, if desired that Cr. Wall will continue with all the financials including GST returns and payment of any accounts until the 31 December 2018 where he will reconcile the books in early January and hand them over. 3. The Secretary will bundle up all past minute books (from 1997- Current) and Cr. Wall will deliver the documents to Council in due course. 4. After full discussions with staff and a way forward is resolved as regards transferring equipment and finalising these actions; that Cr. Wall advise the Vacy Public School and the cricket and Soccer Club that Council is the controlling authority for the grounds. The Chair in summation stated whilst saddened to see this occur, it has been imminent as Mr Lambert has been a committee Member since the ground was transferred to Council and the Sec 355 Committee established; and Peter Williams has been a member since 2001 and they have witnessed a lack of community input since about 2012 when we finalised all our improvement projects. The only exception is when a Community group or other entity wants to use of the Oval for events rather than sport. The meeting was closed at 9.20 pm.

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Vacy Sportsground Meeting 20th September 2018 Statement of Income & Expenditure 23 March – 20 September 2018.

S14 Cheque Account Balance c/fwd - $ 8,184.57

PLUS INCOME / RECEIPTS: DVA Saluting Their Service grant $3,636.00 Gresford RSL Plaque contribution $320.50 Interest Mar - Aug $8.98

Total Income $ 3,965.48

$ 12,150.05 LESS EXPENDITURE: Origin Energy (Apr & Jul) $407.23 DSC GST Return $181.02 Perpetual Plaques $4,352.15 HCCU Bank Fees $15.00

Total Expenditure $ 4,955.40

Ledger Balance 20 September 2018 $ 7,194.65

Acct Balance 20 September 2018 $ 7,194.65

G.D. Wall (Treasurer) Dungog Shire Council Committee Representative.

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DUNGOG SHIRE AUSTRALIA DAY COMMITTEE Minutes of committing meeting held on Friday, October 19, 2018 Meeting opened at 4pm.

Attendance: Tracy Norman, Jan Lyon, Kate Murphy, Bev Irwin and Janelle O’Neill. Apologies: Steve Low

Tracy suggested that an Environmental Award to be included this year. This was suggested by the Australia Day Ambassador Program and was unanimously agreed upon by committee members. It was also suggested that there be no Volunteer Service to Sport category for the 2019 event. People who could possibly come under this banner could also be included in the Volunteer Service to the Community section or the two sporting sections.

Janelle to check with Lyn Brighton re wording of the category criteria as discussion centred around whether or not the nominee’s service had to be for 2018 or could include past years. This needed to be clarified.

Kate suggested that it be easier for people to nominate. In the past it was a PDF document (either supplied or downloaded) which needed to be handwritten. Also some people may have typed up their own nomination and attached to it. Kate suggested that an online nomination form be set up or a fillable PDF online for those who would prefer to use a computer than handwriting. Tracy to look into as new computer system being set up at council.

Tracy kindly offered to put the ambassador and their partner up at the Settlers Arms on the night before Australia Day and to also have a dinner to include members of the Australia Day committee. Tracy said she received good feedback on the shorter nominees’ bios as per last year and it was agreed this be continued.

Janelle to continue doing the online ordering etc with the Australia Day Ambassador Program and to also order 300 paper flags at a cost of $1 each plus postage.

Janelle received a letter from the Lions Club in February this year asking for tentage to be set up the night before the event in case of inclement weather. Because of the organisation’s limited numbers it was suggested that the Rotary Club be asked to assist as they have resources to help. Tracy to send email to Lesley Wright who is now the Lions Club president.

Janelle to contact Graham Murphy from the Gresford Community Group to ask where they got their trophies from as they were very nice.

Discussion also centred on committee members’ contacts to drum up nominations. Bev: Garden clubs, Dungog Radio, Hospital Auxiliary, Rotary Clubs. Kate: Vacy School of Arts, Gresford Community Group, Common Trust, Chamber of Commerce. Jan: Dungog High School, Red Cross Tracy: Dungog Public School Janelle: Pony Club, CWA – Gresford and Dungog, local sporting groups. Obviously more contacts will be made, these are just ones that came to mind.

The meeting closed at 5pm. Tracy to get in touch with group re date and time of next meeting.

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Page 217 NOTICE OF MOTION

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

FILE NO: EF08/367

A Comparison Information ANNEXURES: B Examples of Rates Payable by Farmers

AUTHOR: Councillor Steve Low AM

MOTION

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

Annexure “A” explains eligibility for the aged pension and uses ABS data to indicate the financial capacity of our farmers and the extent of their rates burden. It also compares the rates and SRVs of Port Stephens and Singleton LGAs.

It is generally accepted that persons receiving the aged pension have limited financial capacity. But of the farmers in Dungog Shire aged 60-90, 56% earn no more than the aged pension for a couple living together, and 59% earn less than the Australian Average Weekly Wage (AAWW) despite the influence of off farm income. Over half of farmers in all age groups earned less than the AAWW.

Inclusion of a few wealthy individuals with farmland assessments skews the ABS data. The majority of farms are beef cattle enterprises and there would not be 20 farms with stand- alone incomes.

Another issue of concern is the distribution of the rates burden, as there are 377 farmers in Dungog Shire paying 37% of the total rates yield from 19% of total assessments. Council has 3617 residential assessments in four categories that yield about $3.1 million in rates for an average of $848 per assessment. The average rural residential assessments is $1067, and for towns and villages the average varies between $594 and $724.

By comparison we have 938 farmland assessments that yield $2.1 million in rates for an average of $2,300 per assessment. Many landholders have multiple assessments and the average level of rates for 377 farmers is about $5,300 which is nine times what the average village assessments pays in rates.

As stated by Council in the Dungog Chronicle of 4th July 2018; the proposed SRV for the average residential property would equate to seven increments of about $100 annually. Whilst this was relevant to residential assessments, the severity of the likely impact on the farming community was not explained.

The proposed 98% SRV would require the 3617 residential assessments to find about $2.8 million extra in rates, whereas farmers would have to find about $2 million extra.

A very small number of farmers would thus bear an inordinate burden compared with landholders of every other rating category. Doubling the rates of a farmer who now pays

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Page 218 about $10,000 annually (as shown in Annexure “B”) would be very different matter compared with the impact on the average residential property.

Council cannot discern the feedback from farmers within the results of the recent survey distributed with rates notices. Residential assessments constitute four times the number of farmland assessments and so counting the number of supporters and detractors of the proposed SRV or taking a vote in the issue would be grossly unfair to farmers.

Many ratepayers in other categories might also struggle with the proposed SRV but every measure of financial performance indicates that a 98% SRV would introduce a crisis. Farmers have stated that it would render their operations unprofitable and that they would need to reduce essential spending.

It would be farmers who would be doing the “heavy lifting” and there would be sweeping changes within the industry which would affect support services throughout the Shire.

The value of farmland in Dungog Shire now bears no relation to income capacity and we could expect a trend of the larger parcels being broken up for lifestyle pursuits at a time when Council is trying to preserve agricultural land with the pending Rural Land Use Strategy.

The likely impact of the proposed 98% SRV upon the Shire’s agricultural industry and support services should be considered before a decision is made concerning the level of the SRV to be adopted by Council.

Response from Council Officers:

The Notice of Motion (NOM) provided by Councillor Steve Low AM was provided to the General Manager on Monday 12 November at midday. Given the timing of the collation of the Business Paper and the extent of the NOM, a fulsome response from staff has not been possible. This response points to key tables that contain critical information pertaining to rating methodology and the proposed Special Rate Variation for Council’s consideration. It also contains succinct bullet points highlighting key issues in relation to the content of the NOM.

The tables provided for Council’s consideration address the following:- 1) Category and Assessments for the Dungog Shire, Port Stephens, Maitland, the Upper Hunter and Singleton Councils; 2) Analysis of rating (including proposed SRV increase) over a 7 year period for Dungog Shire, Upper Hunter, Maitland, Port Stephens, Singleton and Mid Coast ( Council Area); and 3) Land value assessments correlated with Owner Type and Pensioner Rebates for Dungog Shire.

Council staff are currently in the process of reviewing Council’s adopted Hardship Policy (C2:11 adopted by Council in June 2015). The document is being reviewed with regard to the NSW Office of Local Government (OLG) draft Debt Management and Hardship Guidelines. It is anticipated that these Guidelines once approved by OLG will be followed by a Model Hardship Policy for all NSW councils. It is anticipated that this revised policy will be tabled as a late report for the November 2018 Ordinary Meeting for the purposes of Public Exhibition. This Policy once reviewed and adopted by Council will be considered by Independent Pricing and Regulatory Tribunal (IPART) NSW as part of the Special Rate Variation application proposed to be submitted by Dungog Shire Council. Council’s Hardship Policy is of interest to IPART as it gives regard to Council’s considerations of the impact on ratepayers and the community’s capacity to pay a proposed SRV.

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Page 219 Key issues in response to the NOM include:-

 Council acknowledges that any rate increase may adversely impact some community members.

 The proposed SRV can only be used to fund the purpose which Council detail in our application which is intended to be the timber bridge replacement program, road and community facilities renewal and maintenance and financial sustainability in meeting the Fit for the Future benchmarks.

 IPART estimates Council rates will increase by a cumulative 18.87% over the next seven years without an SRV. Dungog Shire Council’s proposed Special Rate Variation is a cumulative 78.91% above this 18.87%.

 The SRV is only part of the solution for a sustainable Council. Council is now well advanced implementing a raft of strategies designed to correct the financial position of Council. These strategies which form part of Council’s Improvement Plan, include the following:  Increase loan borrowings to leverage additional capital grants for the replacement of Council’s infrastructure backlog – in particular for the timber bridge replacement program;  Review of developer contribution plans to ensure that funding is put aside for the increased demands in public amenities and public services that are associated with future development;  Preparing a Rural Lands Strategy to inform better decisions on highest and best land use for agriculture purposes and to assist with planning for the more marginal land for other uses;  Review of fees and charges to identify any additional revenue streams to increase Council’s revenue base;  Continue the implementation and refinement of Council’s asset management plans to better define asset conditions, service levels, useful lives and required annual maintenance, taking in to account community expectations;  Continue to explore strategic alliance and shared service opportunities with neighbouring Councils and the Hunter Joint Organisation;  Implementation of a program of service reviews to improve efficiency and potential for transition of non-core services to external service providers;  Sale of Council owned assets that are surplus to need; and  Lobbying and representations to Government regarding inequities in road funding, reclassification of Dungog Shire Council’s road network and the impost of unrateable land.

 The increase in rates (in dollar terms) will vary for residents across the Shire as Council uses the land value of properties throughout the Shire to determine the level of rates each property owner should pay. In other words, land value determines how Council’s total rate income will be collected from each property owner. The variation would only apply to the General Rate component and does not impact on other charges such as waste, stormwater or government levies.

 Many residents have asked how Dungog Shire Council compares to other councils in terms of the average rate bill. Since 2011 a number of Hunter Councils have been granted Special Rate Variations. Singleton Council has received a 7.3% SRV for one year commencing 2014-15 followed by a 45.1% SRV over four years commencing 2016-17, Maitland Council received a 9.8% SRV in 2011-12 for one year, a 10% SRV in 2012-13 for one year and a 63.22% SRV in 2014-15 over seven years. Others include Gloucester 44.29% over 3 years, Newcastle 46.93% over 5 years and which has resolved to apply to IPART for an SRV increase of 7.5% for seven years commencing 2019-20.

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 The Age Pension eligibility is based on a number of tests, age, assets, residence test and income test.

 To be eligible for the age pension, you must be 65 years or older, regardless of whether you're male or female. From 1 July 2017, the qualifying age is 65 years and six months. After that, age pension age will go up 6 months every 2 years until 1 July 2023.  There are limits to how much your assets can be worth before it affects your pension amount and the assets test rules are different for rural customers and primary producers. Individual circumstances dictate the compliance requirements from the Australian Government to be eligible.  Pensions have income and asset limits. If you are over these limits, you get a lower pension.

 The Australian Bureau of Statistics (ABS) data relied upon for Cr Low’s report cannot be considered accurate as the ABS themselves advise no reliance should be placed on small cell data and the Relative Standard Error rate with their data can range up to 50% and beyond.

 The report assumes there are 377 farmers and annexure A assumes 384 farmers. Council’s records confirm the actual number of rural assessment as 939.

 The table on Page.1 on the NOM in Annexure ‘A’ has duplicated data.

 The number of persons under 65 in the 60-69 age bracket could be a minimum of half as the average age of Hunter farmers is 60 and NSW farmers 58.  The report advised there are 384 persons in total who derive income from agriculture, however the calculations incorrectly include those aged below 60 and the numbers from the Singles column are also duplicated in the Couples column. This skews the calculations considerably, if we assume half of the age group 60-69 are of pension age that would equate to a total 73 persons in the Single income bracket or 19% of pension age as opposed to the 70% stated. And 10% of pension age in the Couple income bracket as opposed to the 85% stated.

 General Rates are based on Land Value therefore comparing Rates on dollar value alone can be misleading. This is demonstrated in one of the tables attached, the various rating categories % of Land Value in proportion to the Shire total LV and then the % of total General Rate income provided by each. As an example Dungog’s average Land Value in the Farmland category is $600,000, however over 51% of all farmland assessments have a land value of less than $500,000. The land values are skewed by a small number of properties (10%) in the farmland category with a land value greater than $1,000,000.

 A Councillor workshop to discuss the proposed Special Rate Variation is scheduled for Monday 26 November 2018. Further information pertaining to the contents of this Notice of Motion will be provided at that time.

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Page 229 ANNEXURE ‘A’

Impact of Proposed 98% SRV on Farming Families

The Special Rate Variation (SRV) presentation regarding pensioner numbers in Dungog Shire indicates that there are 37 pensioners amongst 938 farmland assessments, with the implication that only about 4% of our farmers would lack the capacity to absorb the proposed 98% SRV.

This does not represent an accurate assessment of the financial capacity of our farmers. The severity of the rates burden upon farmers and likely impact upon the Shire’s agricultural industry and support services has not been fully considered by Council.

The Aged Pension

Firstly it is appropriate to examine the financial circumstances of pension aged farmers in Dungog Shire. Although there are exemptions which can be applied in exceptional circumstances, the eligibility of for the aged pension depends upon their level of income and the value of their assets.

Aged Pension Income Test: The income test uses a sliding scale by which payments gradually reduce from the threshold for full entitlements until they cut out altogether when income exceeds $993 weekly for a single, and $1520 weekly for a couple living together. Even if a pensioner only receives a pension payment of $1, they still receive the full concessions and entitlements of the aged pension, including discounted Council rates. Council is thus aware that there are 37 farmland assessments held by pensioners. But we have no idea of the amount of aged pension they receive and their particular circumstances, except for a general understanding that they have limited financial capacity. Information from the Australian Bureau of Statistics lists 384 persons in Dungog Shire who derived income from agriculture and that there were 377 agricultural business for Dungog Shire in 2015. The following table shows the numbers of persons in various age groups that had income levels below the Aged Pension cut off levels:

Age Group Number Income Below Income Below $993 weekly $1520 weekly Below 60 222 156 195 60 - 69 102 ] 65 ] 65 + 8 ] 70 - 79 51 ] 162 34 ] 105 34 + 10 ] 126 80 - 90 9 ] 6 ] 6 + 3 ] Totals 384 261 321

This table shows that 162 individuals were aged over 60 years, which represents 43% of all farms, and indicates substantial eligibility for the age pension, with a total of 261 (70%) of all 384 individuals earning less than the cut off for the single aged pension, and 321 (85%) earning less than the cut off for the aged pension for a couple living together. The ABS data does not isolate those of pensionable age within the 60-69 age group, but we know that we have 37 persons in this group that receive the aged pension, which is a relatively substantial component of the 162 persons aged over 60 years i.e. 23%. The proportion would only rise if the number of those in the 60-69 group of pensionable age was established. So we know that at least 23% of pension aged farmers receive the age pension and that many others are eligible. This presents a far different picture than stating that 37 persons out of 938 Farmland Assessments receive the aged pension. Aged Pension Assets Test: The principal place of residence is exempted from the age pension assets test, but for farmers it only exempts 2 hectares of land around the residence.

The 2018 assets test allows the full pension for a couple with assets worth up to $387,500 and it reduces thereafter until it cutting off at $844,000. Staff advise that in Dungog Shire 732 Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 230 (or 78%) of the 938 Farmland assessments have a total land value that sits below the assets test cut off, so 78% of farms could be eligible for the aged pension.

But most farms comprise more than one parcel of land. Staff are aware of multiple ownership of farmland assessments but it would be difficult to ascertain its extent, particularly as different members of the same family hold properties and there can be multiple locations.

The ABS Data showing 377 agricultural business for Dungog Shire in 2015 places the average number of assessments per farm at two and a half.

Therefore, the Assets Test rather than the Income Test is the limiting factor for eligibility, and the following examination of income levels demonstrates that there are many farmers who would benefit from the provisions of the aged pension.

Financial Capacity of Farmers

The notion that the pension is a reasonable indicator of financial capacity warrants a comparison of actual farm incomes with full Aged Pension payments, which are $453.80 weekly for a single person and $684.10 weekly for a couple living together.

The following table sourced from the ABS data compares weekly earnings of the 384 farmers with Aged Pension payments:

Age Group Number Income Less Income Less Than $453.80 Than $684.10 weekly weekly $23,598 PA $35,573 PA Below 60 222 48 94 60 - 69 102 ] 33 ] 55] 70 - 79 51 ] 162 22 ] 58 (36%) 30] 91 (56%) 80 - 90 9 ] 3 ] 6] Totals 384 106 185

For farmers of all age groups, 185 or 48% earned less than the age pension for a couple. For the 162 farmers aged over 60 years, 36% earned less than the full aged pension for a single person and 56% earned less than the full aged pension for a couple living together. This includes the 37 who also receive the pension and associated benefits.

Australian Average Weekly Wage Another indicator of financial capacity is the Australian Average Weekly Wage (AAW), which in 2018 is $719 or $37,388 annually. Utilising ABS data, the following table indicates the number of farmers in each age category whose income falls below that figure:

Age Group Number Income Below AAW Below 60 222 106 (48%) 60 - 69 102 ] 58 ] 70 - 79 51 ] 162 32 ] 96 (59%) 80 - 90 9 ] 6 ] Totals 384 196 (51%)

59% of farmers in Dungog Shire aged 60 years or older earned less than the Average Australian Weekly Wage. For all age groups there were 196 or 51% of farmers who earned less than that.

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Page 231 Distribution of Rates Burden

The following table shows the categories from which rates are collected: Assessment Number of Rates Paid % of Total % of Average Rates Category Assessments Assessment Paid numbers Farmland 938 $2,095,022 37 19 $2,304 Residential 1985 ] $2,117,066 37.3 40 $1,067 ] Clarence Town 339 ] ] $239,884 4.2 ] 7 ] $ 707 ] $848 3617 Dungog 942 ] 1632 ] $682,906 12 ] 20 19 ] 33 $ 724 ] Village 351 ] ] $208,544 3.7 ] 7 ] $ 594 ] Business 362 $326,905 5.7 7 $ 903 Totals 4917 $5,670,327 100 100 $1153

The farmland category yields a far greater proportion of total rates than any other category, as follows:

Category % Rate Yield % of Total Assessments Farmland 37 19 Residential 37 40 Towns & Villages 20 33

We have 3617 residential assessments in four categories that yield a total of $3,068,400 in rates for an average of $848 per assessment. The average rural residential assessments is $1067, and for towns and villages the average varies between $594 and $724.

By comparison the average farmland assessment is $2,307 per assessment, and many landholders have multiple assessments. The average level of rates for 377 farmers would be $5,557 which is nine times what the average village assessments pays in rates.

As stated by Council in the Dungog Chronicle of 4th July 2018; the proposed SRV for the average residential property would equate to seven increments of about $100 annually. Whilst this was relevant to residential assessments, the severity of the likely impact on the farming community was not explained.

Town and village assessments where many people live yield $1,131,388 in rates but fewer than 384 farmers pay almost double that much in total rates ($2,095,022). The proposed 98% SRV would require the 3617 residential assessments to find about $2.8 million extra in rates annually after the seven years, whereas about 377 farmers would have to find about an extra $2 million annually.

This is a very harsh burden, and if the 3,617 residential assessments were burdened to the same degree as farmers they would have to find another $7,700,000. With the current distribution of rates burden the proposed 98% SRV requires farmers to do the “heavy lifting”.

Annexure “A” provides some examples of the levels of rates currently paid by eight farmers whom I contacted for information. I have included what the Council SRV Estimator predicts they would pay with the proposed 98% SRV. The following table summarizes the situation:

Total of Current Total Payable Average Average Average of Current Rates Average with With Annual rates now Payable Per Farmer 98% SRV 98% SRV Increase over paid for these 7 Years 26 Assessments $79,545 $9,943 $156,634 $19,329 $1,340 $3,059

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Page 232 The average annual increase in rates for each of these particular farmers would be $1,340 which is 13 times the predicted rise for the average residential assessment, and about twice the total of what many residential ratepayers now pay in rates annually.

Whilst individual farmers have been directed to Council’s SRV Estimator, we have no idea of the impact on them, and nor can we discern the feedback from farmers within the results of the recent survey distributed with rates notices.

Residential assessments constitute four times the number of farmland assessments and so counting the number of supporters and detractors of the proposed SRV or taking a vote in the issue would be grossly unfair to farmers.

Farmland Rates in Port Stephens.

During consideration of the amalgamation proposal from Port Stephens it was understood that rates in Dungog Shire would rise approximately 23.5% to match those in Port Stephens. But Note Three of Annexure “B” concerning an adjoining parcel of farmland in Port Stephens held by one of our farmers shows the current quantum of rates payable as $3,692 in that LGA, and using our SRV rates estimator the rates in Dungog Shire would be almost identical at $3,582.

The ad valorem rate for Farmland in Dungog Shire is .003283 cents in the dollar with a base rate of $332.80 and in Port Stephens the ad valorem rate is .003300 and their base rate is $369.00. The difference is that the ad valorem rate in Port Stephens is dearer by .000017 cents in the dollar.

Port Stephens has 494 Farmland assessments which currently compare with Dungog Shire as follows:

Port Stephens Dungog Category Number Yield Average Category Number Yield Average Farmland 451 $752,000 $1,667 Farmland 938 $2,095,022 $2,304 WLM 43 $49,000 Totals 494 $801,000 $1,621 Totals 938 $2,304

In Dungog Shire, Farmland assessments yield 37% of total rates collected whereas in Port Stephens Farmland assessment yield 1.9% of total rates collected ($41,871,000).

With the proposed SRV, farmers in Dungog Shire would be paying almost twice what farmers in Port Stephens would be paying. However, Port Stephens Council has resolved to apply for a SRV of 7.5% including rate pegging to be applied over the next seven years. If approved by IPART this funding would be used to provide extra services and would result in a 65.9% increase in rates after the seven years.

If both these proposed SRVs were approved, the average Dungog Farmland category rates would appear to be 26% higher than those in Port Stephens by comparing 198% versus 165.9%, but there is much more to this situation when the quantum of actual dollar yields is considered. About 300 farmers in Port Stephens would be paying a total of about $1.4 million while about 377 Dungog farmers would be paying about $4 million.

Farmland Rates in Singleton

The ABS data shows that Singleton had 288 agricultural businesses in 2015, and the DPI NSW Upper Hunter Agriculture Profile shows Singleton had 551 farms in 2006 with an average farm size of 284ha. Similarly, Dungog Shire had 377 agricultural business in 2015 and according to DPI NSW had 480 farms in 2006 with an average farm size of 255ha.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 233 In 2015, Singleton which was deemed fit for the future, applied for a SRV of 9.75% over four years to improve infrastructure and financial sustainability, which IPART approved commencing in 2016-17 ending in 2019-20. The total increase over the four years including rate pegging would be 39.8%.

The community expressed concerns about the cost but IPART recognised that the increases were significant, but considered that the following increases for 2016-17 were reasonable considering affordability:

Average residential assessment: + $51 in 2016-17 and +$286 pa by 2020 Average business assessment: + $332 in 2016-17 and +$1,022 pa by 2020 Average farmland assessment: + $152 in 2016-17 and +$600 pa by 2020

By Comparison, with the proposed 98% SRV the average farmland assessment in Dungog Shire would rise by about $305 each year, or $533 each year if equated to a four year period as with Singleton.

At the end of the proposed 98% SRV, the average Dungog farmland assessment would be about $2,134 higher, but after the Singleton SRV, the average farmland assessment will only be $600 pa higher.

The 2018-19 is the third year of the approved SRV which began in 2016-17 and the following table indicates the progressive increases:

YEARS Ad Valorem Base Rate Farmland Total LGA % of Total Rate Yield Rates Yield 2015-16 .002402 $186 $1,426,000 $15,572,000 12% 2016-17 $17,228,000 2017-18 .002735 $192 $1,446,000 $18,303,000 8% 2018-19 .003002 $211 $1,599,000 $20,190,000 12%

Singleton has about 825 farmland assessments and the average number of assessments per farmer for the 288 agricultural businesses would be 2.2 assessments. At the end of the four year period, the average Singleton farmer would be paying $1,320 more than at the start of the SRV, whereas in Dungog Shire the average farmer would be paying about $5,305 extra after a seven year period.

Today, in the third year of the Singleton SRV, the Ad Valorem and base rates are still less than that of Dungog Shire which are .003283 and $333 respectively.

The proportion of total rate yield for farmland in Singleton is 12% of total rates collected, against 37% for Dungog Shire.

Fit For The Future

Unfortunately, the proposed 98% SRV for Dungog Shire would only work toward meeting the Fit for the Future (FFF) benchmarks set by the NSW Government without actually achieving them. This proposal is only about partly addressing the infrastructure backlog rather than improving services across the range of Council responsibilities.

In particular, the lack of staff capacity to meet those responsibilities is why the pervious General Manager advised Council last year that another 20% SRV would be required to employ necessary staff over and above the 114% SRV then mooted by the very same consultants used in the preparation of this SRV proposal. He also advised that another $2-3 million would be required to address shortcomings of the administration building and provide additional office space for the extra staff.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 234 Council has not explained to the community how it would employ the extra staff needed to fulfil its functions and address the shortcomings of the administration building. The proposed SRV at 78% plus 20% rate pegging allowance falls a 56% SRV short of this situation without considering the administration building. Significant future SRVs would be necessary because few opportunities remain for generating significant funds through efficiencies and resource sharing etc.

Background. The Fit for the Future initiative began with local government seeking to establish meaningful benchmarks whereby Councils could be judged and assisted, but it has not turned out that way. The result judges small rural Councils in the same way as metropolitan Councils, which have economy of scale, greater earning capacity and a plethora of government services and funding targeted towards larger centres of population.

Five years of investigations culminated in the amalgamation proposal from Port Stephens, which was refused by the Council of the day without meaningful consultation with the community whilst the option would be available. During this period Councils were prohibited from applying for an SRV.

Prior to that, and due to a number of historical factors, the general rates of Dungog Shire were about 20% lower than they should have been. In particular the introduction of Rate Pegging in the late 1970’s froze our rates at low levels and attempts to address the shortcoming were negated by community concern in the mid 1990’s and then political factors thereafter.

During this period the real value of the Commonwealth FAGs has diminished by 45%, or about $2.1 million annually in 2018 dollars in the case of Dungog Shire. Our current $2.6 million in FAGs would thus become $4.7 million. The increase represents a 2018 SRV component of 37%.

Similarly, when the Commonwealth froze their FAGs payments for four years Council lost about $250,000 in 2018 dollars that will be lost each year into the future. This would have covered Councils ongoing deficit and represents a SRV component of 4%.

Cost shifting by the NSW Government has eroded Council’s financial capacity as existing finances have been extended across increasing levels of responsibility without Council receiving a funding source. In particular, the situation with 124KM of our main roads is abdominal whereby Council receives only half the necessary funding for maintenance (Block Grant) and must contribute 50% towards rehabilitation of roads (REPAIR Program) that were transferred in substandard condition. The requirement to contribute 50% towards the REPAIR Program has diverted $10 million away from local roads and services in 2018 dollars, which of course contributed to the backlog with local roads.

The most recent LGNSW cost shifting survey identified Dungog as the most affected rural Council in NSW due to the transfer of these main roads to Council as regional roads. The component for regional roads in the proposed 98% SRV equates to a SRV component of 18%.

As a rural Council with low population density, large road infrastructure and 22% of its total area dedicated to State Forests and national Parks that are exempt from paying rates, in the words of the previous General Manager: “Dungog Shire could never attain the FFF criteria”.

Small rural Councils have a vastly different financial capacity and community aspirations and they should be judged accordingly. It is high time that some reality was injected into the plight of rural councils regarding the FFF criteria.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 235 Agriculture in Dungog Shire

The majority of our primary producers are beef cattle producers, and since the demise of dairying Dungog Shire would have less than 20 farms with standalone incomes. So the majority of farming families require an off farm income. The ABS data includes all income sources and yet so many still fall below the average wage.

Of course there are wealthy individuals holding farmland assessments that have substantial off farm resources and income, but they are the exception, and all of the above stated averages are distorted by their inclusion in the ABS Census data.

The majority of farmers would face a crisis just with the proposed SRV after they have endured a barrage of reduced commodity prices (in real terms) and rising costs that has plagued the beef industry over a period of 40 years.

At the SRV public meeting in Clarence Town on 10th July several farmers expressed abject concern about the magnitude of the proposed 98% SRV on their enterprises because they lack the capacity to increase farm income. The extra cash required to support the SRV would detract from existing expenses such as fertilizer, fodder and feed, which would lead to a spiral of reduced productivity and less income. This would also affect local businesses and support industries that depend on agriculture.

Numerous rural landowners have expressed these concerns regardless of whether they are of pension age or not. And I am aware of several instances where the quantum of the SRV proposal has introduced uncertainty for those farmers of any age group having the capacity to service loan borrowings in order to expand their operations or diversify.

The main concern for the over 60 age group with its limited disposable income is reduced potential to increase earnings from beef cattle or take out loans to change enterprises.

The status quo would not sustain the proposed 98% SRV, and whether the agricultural industry could subsequently adjust remains to be seen. Also it will be a difficult task to convince farmers who have witnessed a plethora of Cinderella enterprises come and go to make the necessary scale of investment in newly promoted alternatives.

The value of farmland in Dungog Shire now bears no relation to income capacity and with the proposed 98% SRV we could expect a trend of the larger parcels being broken up for lifestyle pursuits at a time when Council is trying to preserve agricultural land.

Despite a positive outlook on the part of Council, the long term viability of Dungog Shire would still be under threat despite this SRV proposal being approved, and so uncertainty would continue.

The affordability of the proposed SRV for farmers should receive much more consideration than it has received, given the gravity of the situation for them and the significant level of change and disruption expected within our rural sector.

Conclusions

The information in the Special Rate Variation (SRV) presentation regarding the number of pensioners in Dungog Shire is not a valid indication of the financial capacity of farmers. Whilst 37 pensioners hold 4% of total farmland assessments, when related to the number of farmers this equates to at least one in four pension aged farmers.

It is generally accepted that persons receiving the aged pension have limited financial capacity. But of the farmers aged 60-90, 56% earn no more than the aged pension for a couple living together, and 59% earn less than the Australian Average Weekly Wage despite

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 236 the influence of off farm income. Over half of farmers in all age groups earned less than the AAWW. The magnitude of the proposed SRV is substantial relative to earning capacity and every financial performance indicator suggests that the majority of farmers will struggle. We have less than 377 farmers who presently pay $2.1 million in rates, or 37% of the rates yield. The 98% SRV would require them to find about an extra $2 million annually whereas 3617 residential assessments would have to find about $2.8 million.

Our farmers would thus bear an inordinate burden compared with landholders of every other rating category. Doubling the rates of a farmer who now pays about $10,000 annually would be very different matter compared with the impact on the average residential property.

There is little doubt that a 98% SRV would introduce a crisis for farmers. Many have indicated that it would render their operations unprofitable and that they would need to reduce essential spending, with implications for long term production capacity. There would be sweeping changes within the industry which would affect employment and support services throughout the Shire. These aspects demand very serious consideration.

Besides serious concerns over this SRV proposal, there is also concern amongst farmers about the need for significant future rate rises, because as we know this proposal would only work toward meeting the Fit for the Future benchmarks. The affordability of the proposed SRV demands much more consideration than it has received, given the gravity of the situation for farmers.

Besides the impact upon farmers of the proposed SRV, many families with limited income and our aging population will face hardship, but with the current distribution of rates burden our farmers will be doing the “heavy lifting”.

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 237 ANNEXURE ‘B’

Examples of Rates Payable by Farmers

Family Valuation Rates Pre Rates Post SRV Levies Bins Other 1 $320,000 $1,415.86 $2,772 HCM Vacant waste 1 $667,000 $3,344.56 $5,575 Yes Yes Note 1 1 $883,000 $3,231.69 $6,392 HCM No Totals $7992 $14,739

2 $945,000 $3,480 $6,922 HCM Vacant only waste 2 $697,000 $2,663 $5,311 HCM Vacant only waste 2 $1,260,000 $5,146 $9,607 OSMS x Yes Note 1 3 & HCM Totals $11,289 $21,840

3 839,000 $3,604 $6,542 HCM Yes OSMS 3 347,000 $1,690 $3,018 HCM Residential (21 acres) 3 Leased $5,511 $10,575 HCM yes Farmland: Rates paid as 1,460,000 OSMS Lease fees 3 Leased $2,704 $5,023 HCM yes Farmland: Rates paid as 605,000 OSMS lease fees. Note 2 Totals 3,251,000 $13,494 $25,158

4 1,350,000 $5,586 $10,355 HCM yes OSMS x2 4 627,000 $2,391 $4,820 HCM Vacant waste Totals $7,977 $15,175

5 845,000 $3,139 $6,272 HCM Vacant waste 5 697,000 $3,138 $5,770 HCM Yes Note 1 OSMS Totals $6,277 $12,024

6 250,000 $1,523 $2,867 HCM yes OSMS 6 539,000 $2,135 $4,289 HCM Vacant waste 6 787,000 $2,949 $5,768 HCM Vacant Note 1 waste 6 689,000 $2,594 $5,132 HCM Vacant waste 6 261,000 $1,583 $2,939 HCM yes OSMS Totals $10,784 $20,995

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018

Page 238 Family Valuation Rates Pre Rates Post SRV Levies Bins Other 7 1,580,000 $5,614 $10,954 OSMS Vacant Waste 7 524,000 $2,143 $4,097 HCM Vacant Waste HCM 7 541,000 $3,420 $5,928 HCM Yes Note 1 OSMS x3 7 990,000 $3,692 $3,692 HCM Waste Port Stephens Shire PSC Note 3 Totals DSC only $9,034 $20,979

Port Rates added : $12,726 $24,671 8 $1,026,000 $4,218 $7,906 HCM Yes OSMS 8 $954,000 $3,981 $7,438 HCM Yes OSMA 8 $640,000 $2,951 $5,400 HCM Yes OSMS 8 $352,000 $1,521 $2,980 HCM Vacant waste Totals $12,671 $23,724

Note: 1. One person of Pension age resides on Family enterprise – no pension entitlements Note: 2. Two people of pension age – no pension entitlements. Note: 3 Adjoining farmland in Port Stephens, almost identical rates for same valuation in Dungog Shire, which would be $3,662 and $7,177 with a 98% SRV.

Unsolicited Comment from one farmer who provided one set of data above:

Beef cattle now provides the only income derived from these properties and with the return from selling an average of 83 head per year at an average return of $719 over the past 9 years, I now sell 18 head to pay the rates and if the rates go up by 98% I would need to sell 35 head, before paying all my other expenses.

Until recently I diversified with a chicken farm but ceased in June after contractual issues with the processing company. That's another real issue facing poultry growers in the district.

One of the owners of the leased land is an absentee landowner and much of it goes under water in a big flood. The other lease is owned by a couple in their mid-eighties who are unable to access the pension and their health is ailing. I will definitely not continue leasing either property if the rates go up.

Another concern under the proposed scenario is the effect on rural property values in the Dungog Shire. Who would want to buy a property in this shire under the proposed rate regime, when comparable rates in neighbouring shires are roughly half? Property values would need to fall substantially to make them attractive to prospective buyers!

Anyone interested in buying a nice farm???

Comment from another farmer who provided data: Budget note. Say you ran 80 cows: Sold each year: 75 calves 300 kg x $3 = $67,500 12 cull cows x $1300 = $15,600 1 Bull x $2000 = $ 2,000 $ 85,100 Gross return

This would be before expenses taken into account. Rates proportion of gross return?????

Dungog Shire Council Ordinary Meeting Agenda 21 November 2018