Council Meeting Agenda

29 March 2021

Her Excellency, the Hon Margaret Beazley, Governor of NSW, speaking with members of the Community at White Park during her visit to .

A Quality Rural Lifestyle - in a vibrant, caring and sustainable community

To All Councillors

You are hereby notified that the next meeting of the Upper Hunter Shire Council will be held on Monday, 29 March 2021 in the COUNCIL CHAMBERS commencing at 5.00PM, for the purpose of transacting the undermentioned business.

This meeting will be recorded and those in attendance should refrain from making any defamatory statements.

There are to be no other recordings of this meeting without the prior authorisation of Council.

GREG MCDONALD GENERAL MANAGER

1. PRAYER 2. ACKNOWLEDGEMENT OF COUNTRY 3. APOLOGIES / APPLICATIONS FOR LEAVE OF ABSENCE BY COUNCILLORS 4. PUBLIC PARTICIPATION 5. CONFIRMATION OF MINUTES - Ordinary Council Meeting held on 22 February 2021 6. DISCLOSURES OF INTEREST 7. MAYORAL MINUTES 8. REPORTS

MAYORAL MINUTES ...... 1 A.03.1 RECOGNITION OF LENGTH OF SERVICE ...... 1

STANDING COMMITTEE REPORTS ...... 2 SCR.03.1 CORPORATE SERVICES COMMITTEE ...... 2 SCR.03.2 DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE ...... 14 SCR.03.3 INFRASTRUCTURE SERVICES COMMITTEE ...... 38

COMMITTEE/DELEGATES REPORTS ...... 56 C.03.1 FLOODPLAIN MANAGEMENT COMMITTEE ...... 56 C.03.2 WHITE PARK MANAGEMENT & DEVELOPMENT COMMITTEE ...... 61 C.03.3 SCONE CBD REVITALISATION COMMITTEE ...... 69 C.03.4 ABERDEEN REVITALISATION COMMITTEE ...... 100 C.03.5 AUDIT, RISK AND IMPROVEMENT COMMITTEE ...... 103 C.03.6 SCONE & UPPER HUNTER REGIONAL SALEYARDS COMMITTEE ...... 123 C.03.7 SUSTAINABILITY ADVISORY COMMITTEE ...... 129 C.03.8 UPPER HUNTER & KIA ORA YOUTH MUSIC COMMITTEE ...... 133

GENERAL ADMINISTRATION REPORTS ...... 136 G.03.1 REQUESTS FOR DONATIONS ...... 136 G.03.2 PROPOSED COMMUNITY NURSERY - MERRIWA ...... 141 G.03.3 SCONE RV PARKING SITE ...... 149 G.03.4 SCONE CBD REVITALISATION COMMITTEE - VACANT POSITION ...... 155

POLICY MATTERS ...... 157 H.03.1 POLICIES FOR REVIEW ...... 157

INFRASTRUCTURE REPORTS ...... 210 I.03.1 CHANGE IN WATER RESTRICTIONS ...... 210

9. NOTICES OF MOTIONS - Nil

QUESTIONS WITH NOTICE ...... 217 QWN.03.1 QUESTIONS WITH NOTICE ...... 217

CONFIDENTIAL REPORTS ...... 220 CR.03.1 COMMENCEMENT OF LEGAL PROCEEDINGS FOR BREACHES OF DEVELOPMENT CONSENT .. 220 CR.03.2 LEASE OF SHOP 6B CAMPBELL'S CORNER BUILDING ...... 221 CR.03.3 SCONE TO MURRURUNDI PIPELINE - RESERVOIR SITE LAND PURCHASE ...... 222 CR.03.4 TENDER 26/2021 - 133 KELLY STREET, SCONE - PUBLIC AMENITIES AND BUILDING RESTORATION ...... 223 CR.03.5 TENDER T272021HUN - SUPPLY & DELIVERY OF ROAD BASE MATERIALS ...... 224 CR.03.6 TENDER T412021HUN - PROVISION OF ROAD SAFETY BARRIERS ...... 225

MINUTES OF THE ORDINARY MEETING OF UPPER HUNTER SHIRE COUNCIL HELD ON MONDAY 22 FEBRUARY 2021 IN THE COUNCIL CHAMBERS COMMENCING AT 5.00pm

PRESENT:

Cr Maurice Collison (Mayor), Cr Kiwa Fisher (Deputy Mayor), Cr Sue Abbott, Cr Ron Campbell, Cr Lorna Driscoll and Cr Lee Watts.

APOLOGIES / APPLICATIONS FOR LEAVE OF ABSENCE BY COUNCILLORS:

RESOLVED that the apology received from Cr James Burns be accepted.

Moved: Cr R Campbell Seconded: Cr L Driscoll CARRIED UNANIMOUSLY

RESOLVED that the request for leave of absence from Cr Maurice Collison for 10 to 26 March 2021 be accepted.

Moved: Cr R Campbell Seconded: Cr L Driscoll CARRIED UNANIMOUSLY

IN ATTENDANCE:

Mr Greg McDonald (General Manager), Mr Kristian Enevoldson (Director Corporate Services), Mr Mathew Pringle (Director Environmental & Community Services), Mr Phillip Hood (Acting Director Infrastructure Services), Mr Wayne Phelps (Finance Manager), Ms Kirrily Anderson (Communications Officer) and Mrs Robyn Cox (Executive Assistant).

CONFIRMATION OF MINUTES:

RESOLVED that the minutes of the Ordinary Council Meeting held on 14 December 2020 be adopted with an amendment to include Cr Abbott’s additional questions and responses which were not provided at the meeting.

Moved: Cr L Watts Seconded: Cr K Fisher CARRIED UNANIMOUSLY

RESOLVED that the minutes of the Extraordinary Council Meeting held on 14 January 2021 be adopted.

Moved: Cr K Fisher Seconded: Cr R Campbell CARRIED

FOR AGAINST Councillor Campbell Councillor Abbott Councillor Collison Councillor Driscoll Councillor Fisher Councillor Watts Total (5) Total (1)

RESOLVED that the minutes of the Extraordinary Council Meeting held on 21 January 2021 be adopted.

Moved: Cr L Driscoll Seconded: Cr K Fisher CARRIED UNANIMOUSLY

Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 22 February 2021 Page 3 of 11

DISCLOSURES OF INTEREST:

G.02.2 Relocation of the Scone Visitor Information Centre

Cr Lee Watts declared a Pecuniary Interest / Significant Conflict for the reason that she is the Manager of the Scone Neighbourhood Resource Centre. Cr Watts advised that she would leave the Chamber and take no part in discussion and voting.

PUBLIC PARTICIPATION:

SCR.02.2 Development & Environmental Services Committee DESC.02.1 DA No. 157/2020 Subdivision of one Lot into two Lots Mrs Leonie Dawes – for the recommendation

H.02.2 Scone TAFE Sale – Council Position Mr Phill Chadwick, NSW Teachers Federation – seeking amendment

A.02.1 RECOGNITION OF LENGTH OF SERVICE RESPONSIBLE OFFICER: Greg McDonald - General Manager AUTHOR: Karen Lee - Governance & Executive Support Officer

RESOLVED That Council recognise Ray (Mick) Cronin for his 40 years’ service to Council.

Moved: Cr L Watts Seconded: Cr R Campbell CARRIED UNANIMOUSLY

RESOLVED that Council suspend Standing Orders to deal with Item No. H.02.2 Scone TAFE Sale – Council Position.

Moved: Cr L Watts Seconded: Cr S Abbott CARRIED UNANIMOUSLY

H.02.2 SCONE TAFE SALE - COUNCIL POSITION RESPONSIBLE OFFICER: Greg McDonald - General Manager AUTHOR: Greg McDonald - General Manager

RESOLVED That Council: 1. call upon the NSW Government to immediately cease any proposal to sell Scone TAFE; 2. call on Minister Geoff Lee for a full and comprehensive consultation with the community about the impact the sale of the TAFE will have on the future of jobs and skills in the Hunter; and, 3. report the findings of this transparent community consultation back to Council and the community.

Moved: Cr L Watts Seconded: Cr L Driscoll CARRIED

FOR AGAINST Councillor Abbott Councillor Fisher Councillor Campbell Councillor Collison Councillor Driscoll Councillor Watts Total (5) Total (1)

Standing Orders were resumed.

Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 22 February 2021 Page 4 of 11

SCR.02.1 CORPORATE SERVICES COMMITTEE RESPONSIBLE OFFICER: Kristian Enevoldson - Director Corporate Services AUTHOR: Wayne Phelps - Manager Finance

RESOLVED That Council: 1. adopt the minutes of the Corporate Services Committee meeting held on 12 February 2021 with an amendment that Cr Abbott was in attendance; 2. adopt the requested budget variations as detailed in the budget review (summary attached to the report).

Moved: Cr R Campbell Seconded: Cr S Abbott CARRIED UNANIMOUSLY

SCR.02.2 DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE RESPONSIBLE OFFICER: Greg McDonald - General Manager AUTHOR: Mathew Pringle - Director Environmental & Community Services

RESOLVED That Council: 1. adopt the minutes of the Development & Environmental Services Committee meeting held on 9 February 2021.

Moved: Cr K Fisher Seconded: Cr R Campbell CARRIED UNANIMOUSLY

RESOLVED That Council: 2. DESC.02.1 – refuse Development Application No. 157/2020 for the subdivision of one lot into two lots at Lot 9 Section 11 DP 758738 (No. 168 Little Street Murrurundi) for the reasons given in Attachment 2.

Moved: Cr K Fisher Seconded: Cr R Campbell CARRIED UNANIMOUSLY

SCR.02.3 INFRASTRUCTURE SERVICES COMMITTEE RESPONSIBLE OFFICER: Greg McDonald - General Manager AUTHOR: Phillip Hood - Acting Director Infrastructure Services

RESOLVED That Council adopt the minutes of the Infrastructure Services Committee meeting held on Tuesday, 9 February 2021.

Moved: Cr R Campbell Seconded: Cr S Abbott CARRIED UNANIMOUSLY

C.02.1 AIRPORT MANAGEMENT COMMITTEE RESPONSIBLE OFFICER: Kristian Enevoldson - Director Corporate Services AUTHOR: Joanne McLoughlin - Property & Business Coordinator

RESOLVED That Council: 1. adopt the minutes of the Airport Management Committee meeting held on 3 December 2020; 2. adopt the minutes of the Airport Management Committee meeting held on 4 February 2021; and, 3. endorse the brand name of the Warbird Visitor Attraction as “Hunter Warbirds”.

Moved: Cr K Fisher Seconded: Cr L Driscoll CARRIED UNANIMOUSLY

Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 22 February 2021 Page 5 of 11

C.02.2 MERRIWA TOURISM AND PROMOTION COMMITTEE RESPONSIBLE OFFICER: Kristian Enevoldson - Director Corporate Services AUTHOR: David Gatwood - Manager Business Services

RESOLVED That Council: 1. adopt the minutes of the Merriwa Tourism and Promotion Committee Meeting held on 2 November 2020; and, 2. note the recommendation that the Committee wishes for the Historical Information boards to go ahead for Merriwa.

Moved: Cr R Campbell Seconded: Cr L Watts CARRIED UNANIMOUSLY

C.02.3 DAY COMMITTEE MERRIWA DISTRICT RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental & Community Services AUTHOR: Tash Taaffe - Community Services Officer

RESOLVED That Council adopt the minutes of the Australia Day Committee – Merriwa District meeting held on 20 January 2021.

Moved: Cr R Campbell Seconded: Cr L Watts CARRIED UNANIMOUSLY

C.02.4 MERRIWA AGED HOSTEL COMMITTEE RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental & Community Services AUTHOR: Kerri Cone - Manager Community Services

RESOLVED That Council: 1. adopt the minutes of the Merriwa Aged Hostel Committee meeting and Annual General Meeting, held 7 December 2020; 2. note the ratified record of proceedings for the meeting held 2 November 2020 (no quorum); 3. note the ratified record of proceedings for the meeting held 24 August 2020 (no quorum); 4. amend the Committee charter by reducing the number of members required for a quorum from five (5) to four (4) members; and 5. appoint Ms Deirdre Peebles as Chairperson, Mr Ross Bishop as Deputy Chairperson and appoint regular members, Margaret Whitney, Ean Cottle, Edith Shipway, Barry Ghersi and Jan Cronin to the Merriwa Aged Hostel Committee for the 2021 term.

Moved: Cr L Watts Seconded: Cr R Campbell CARRIED UNANIMOUSLY

C.02.5 MURRURUNDI AUSTRALIA DAY WORKING PARTY RESPONSIBLE OFFICER: Kerri Cone - Manager Community Services AUTHOR: Heather Ranclaud - Community Services Officer - Murrurundi

RESOLVED That Council adopt the minutes of the Murrurundi Australia Day Working Party meeting held on 10 November 2020, and note the record of the meeting held 12 January 2021.

Moved: Cr L Watts Seconded: Cr L Driscoll CARRIED UNANIMOUSLY

Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 22 February 2021 Page 6 of 11

C.02.6 ARTS UPPER HUNTER RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental & Community Services AUTHOR: Kerri Cone - Manager Community Services

RESOLVED That Council: 1. note the ratified minutes of the Arts Upper Hunter Board meetings held on 18 June 2020 and 3rd September 2020; 2. confirm Ms Jacqui Bakewell as Council’s representative to the Board for 2021; and, 3. note that a letter of condolence from the Mayor has been sent to Arts Upper Hunter Board.

Moved: Cr S Abbott Seconded: Cr L Watts CARRIED UNANIMOUSLY

D.02.1 PLANNING PROPOSAL 1/2019 TO REZONE LAND TO IN2 LIGHT INDUSTRIAL RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental & Community Services AUTHOR: Paul Smith - Senior Environmental Planner

RESOLVED That Council: 1. pursuant to Section 3.36 of the Environmental Planning and Assessment Act 1979, amend the Upper Hunter Local Environmental Plan 2013 by rezoning Lot 22 DP 1235763 (2912 Scone) from R1 General Residential to IN2 Light Industrial; amending the maximum floor space ratio and minimum lot size to 1:1 and 1000m2 respectively; and removing the maximum building height applicable to the land. 2. refer the proposed amended Upper Hunter Local Environmental Plan 2013 to Parliamentary Counsel for legal drafting.

Moved: Cr R Campbell Seconded: Cr K Fisher CARRIED

FOR AGAINST Councillor Campbell Councillor Abbott Councillor Collison Councillor Driscoll Councillor Fisher Councillor Watts Total (5) Total (1)

D.02.2 NATURAL DISASTERS CLAUSE - UPPER HUNTER LEP RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental & Community Services AUTHOR: Paul Smith - Senior Environmental Planner

RESOLVED That Council adopt the Natural Disasters Clause as presented in Attachment 1 for inclusion in the Upper Hunter Local Environmental Plan 2013.

Moved: Cr R Campbell Seconded: Cr K Fisher CARRIED UNANIMOUSLY

Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 22 February 2021 Page 7 of 11

E.02.1 HEATWAVE MANAGEMENT PLAN RESPONSIBLE OFFICER: Greg McDonald - General Manager AUTHOR: Mathew Pringle - Director Environmental & Community Services

RESOLVED That Council consider the allocation of $15,000 in the 2021/22 budget, together with other competing bids, for the development of a heatwave plan for the Upper Hunter Shire Local Government Area.

Moved: Cr S Abbott Seconded: Cr L Watts CARRIED UNANIMOUSLY

G.02.1 HUNTER JOINT ORGANISATION RESPONSIBLE OFFICER: Greg McDonald - General Manager AUTHOR: Greg McDonald - General Manager

RESOLVED That Council note the report and remain a member of the Hunter Joint Organisation.

Moved: Cr K Fisher Seconded: Cr L Watts CARRIED UNANIMOUSLY

DISCLOSURE OF INTEREST

Cr Lee Watts declared a Pecuniary Interest / Significant Conflict for the reason that she is the Manager of the Scone Neighbourhood Resource Centre. Cr Watts left the meeting at 6.04pm and took no part in discussion or voting.

G.02.2 RELOCATION OF THE SCONE VISITOR INFORMATION CENTRE RESPONSIBLE OFFICER: Greg McDonald - General Manager AUTHOR: Kristian Enevoldson - Director Corporate Services

RESOLVED That Council: 1. support in principle the relocation of the Scone Visitor Information Centre to the ground floor of 167 Kelly St Scone (Campbell’s Corner); and, 2. explore the option of relocating the Scone Neighbourhood Resource Centre to the current Visitor Information Centre.

Moved: Cr K Fisher Seconded: Cr S Abbott CARRIED UNANIMOUSLY

Cr Watts returned to the meeting at 6.05pm.

G.02.3 REQUEST FOR REFUND OF FEES - SPORTS USER GROUPS ANNUAL FEES DUE TO COVID-19 RESPONSIBLE OFFICER: Kristian Enevoldson - Director Corporate Services AUTHOR: Wayne Phelps - Manager Finance

RESOLVED That Council: 1. waive the Annual Sports Board Fees for the 2020 calendar year for the following not-for- profit organisations due to the effects of COVID-19 restrictions:

Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 22 February 2021 Page 8 of 11

a. Scone Senior Rugby League b. Aberdeen Senior Rugby League c. Merriwa Senior Rugby League d. Merriwa Junior Rugby League 2. provide delegated authority to the General Manager to receive, consider and if warranted waive annual sports board fees for not-for-profit organisations whose operations have significantly been effected by COVID-19 restrictions.

Moved: Cr R Campbell Seconded: Cr L Driscoll CARRIED UNANIMOUSLY

G.02.4 REQUESTS FOR DONATIONS RESPONSIBLE OFFICER: Kristian Enevoldson - Director Corporate Services AUTHOR: Karen Lee - Governance & Executive Support Officer

RESOLVED That Council approve donations of: 1. $200 to the Moonan Flat Soldiers Memorial Hall to waive waste collection fees. 2. $290 to the Merriwa VRA Rescue Squad for the hire of part of the Merriwa Showgrounds.

Moved: Cr L Watts Seconded: Cr R Campbell CARRIED UNANIMOUSLY

H.02.1 POLICIES FOR REVIEW RESPONSIBLE OFFICER: Phillip Hood - Acting Director Infrastructure Services AUTHOR: Karen Lee - Governance & Executive Support Officer

RESOLVED That Council adopt the policy, Financial Management – Debtors – Undetected Water Leaks.

Moved: Cr K Fisher Seconded: Cr R Campbell CARRIED UNANIMOUSLY

I.02.1 GRANT APPLICATIONS RESPONSIBLE OFFICER: Greg McDonald - General Manager AUTHOR: Phillip Hood - Acting Director Infrastructure Services

RESOLVED That Council: 1. approve the proposed projects to be funded from the NSW Government’s Greater Cities and Regional Sport Facility Fund; 2. approve the further funding of the Scone CBD Revitalisation from the Federal Government’s Building Better Regions Fund – Infrastructure Projects Stream – Round 5; 3. approve the proposed local road projects from the Federal Government’s COVID-19 Local Roads and Community Infrastructure Program – Phase 2

Moved: Cr L Watts Seconded: Cr K Fisher CARRIED UNANIMOUSLY

Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 22 February 2021 Page 9 of 11

I.02.2 REQUEST FOR RURAL WATER CONNECTION - DURHAM HOTEL RESPONSIBLE OFFICER: Greg McDonald - General Manager AUTHOR: Phillip Hood - Acting Director Infrastructure Services

RESOLVED That Council approve a Rural Water Connection to the Scone to Murrurundi Pipeline to be made available to the Durham Hotel, Wingen.

Moved: Cr L Watts Seconded: Cr R Campbell CARRIED UNANIMOUSLY

NM.02.1 NOTICE OF MOTION RESPONSIBLE OFFICER: Greg McDonald - General Manager AUTHOR: Sue Abbott - Councillor

RESOLVED That Council: 1. Voice its opposition to Coal Seam Gas on behalf of all affected landholders in the Upper Hunter Shire. 2. Request that the expired petroleum exploration licences (PELs) be extinguished (namely PELs 452 & 456). 3. Does everything in its power to protect our farmland and water resources and oppose the reopening of the closed PELs. 4. Notify the NSW State Government, namely the planning and resources ministers, to this effect.

Moved: Cr S Abbott Seconded: Cr L Watts CARRIED UNANIMOUSLY

QWN.02.1 QUESTIONS WITH NOTICE RESPONSIBLE OFFICER: Greg McDonald - General Manager AUTHOR: Robyn Cox - Executive Assistant

RESOLVED that Council write to our federal member, Mr Barnaby Joyce, and urge him to make representations on Council’s behalf to stop the Biloela family being illegally detained on Christmas Island anymore and instead to see that they are brought home to Biloela and their community in Central Queensland.

Moved: Cr S Abbott Seconded: Cr L Watts CARRIED UNANIMOUSLY

CLOSED COUNCIL

RESOLVED That Council move into Closed Council with the media and public excluded in accordance with Section 10A(1) of the Local Government Act 1993.

Moved: Cr L Watts Seconded: Cr R Campbell CARRIED UNANIMOUSLY

Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 22 February 2021 Page 10 of 11

CR.02.1 TENDER NO 31/2021 - CAMPBELLS CORNER ROOF REPLACEMENT RESPONSIBLE OFFICER: Kristian Enevoldson - Director Corporate Services AUTHOR: David Gatwood - Manager Business Services This matter is considered to be confidential under Section 10A(2) (d)(i) of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it.

RESOLVED That Council: 1. accept Tender 31/2021 from Freestyle Roofing Pty Ltd for a total lump sum of $377,278 inclusive of GST, subject to satisfactory financial assessment; and, 2. delegate authority to the General Manager to execute all associated documents.

Moved: Cr R Campbell Seconded: Cr L Driscoll CARRIED UNANIMOUSLY

CR.02.2 SCONE OUT OF SCHOOL HOURS RESPONSIBLE OFFICER: Greg McDonald - General Manager AUTHOR: Mathew Pringle - Director Environmental & Community Services This matter is considered to be confidential under Section 10A(2) (d)(i) of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it.

RESOLVED That Council: 1. support the proposal outlined in the report; and, 2. undertake consultation with staff, families and the broader community in relation to the proposal and receive a further report following the completion of consultation.

Moved: Cr R Campbell Seconded: Cr L Watts CARRIED UNANIMOUSLY

RETURN TO OPEN MEETING

RESOLVED That the meeting move back into Open Council.

Moved: Cr K Fisher Seconded: Cr R Campbell CARRIED UNANIMOUSLY

Open Council resumed at 6.28pm.

In accordance with Council’s Code of Meeting Practice the General Manager provided a summary of the two resolutions passed in Closed Council.

THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 6.30PM.

Minutes of the Ordinary Meeting of the Upper Hunter Shire Council held on Monday 22 February 2021 Page 11 of 11

Report To Ordinary Council Meeting 29 March 2021

General Manager's Unit

MAYORAL MINUTES

A.03.1 RECOGNITION OF LENGTH OF SERVICE RESPONSIBLE OFFICER: Greg McDonald - General Manager AUTHOR: Karen Lee - Governance & Executive Support Officer

RECOMMENDATION

That Council: 1. recognise Michael Jones for his 40 years of service to Council; and, 2. recognise Gaynor Blackadder, Maree Hedley and David Jones for their 20 years of service to Council.

REPORT/PROPOSAL

In accordance with Council’s policy, Recognition of Length of Service, Council will appropriately recognise staff with long periods of employment with Upper Hunter Shire Council (including services with the former Scone, Merriwa and Murrurundi Shire Councils).

Michael Jones has reached 40 years of service. Gaynor Blackadder, Maree Hedley and David Jones has reached their 20 years of service with Council.

OPTIONS

Nil

ATTACHMENTS

Nil.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 1

Report To Ordinary Council Meeting 29 March 2021

Corporate Services

STANDING COMMITTEE REPORTS

SCR.03.1 CORPORATE SERVICES COMMITTEE RESPONSIBLE OFFICER: Kristian Enevoldson - Director Corporate Services AUTHOR: Wayne Phelps - Manager Finance

RECOMMENDATION

That Council: 1. adopt the minutes of the Corporate Services Committee meeting held on 18 March 2021; 2. adopt the confidential minutes of the Corporate Services Committee meeting held on 18 March 2021; 3. CORP.03.1 - adopt the requested budget variations as detailed in the budget review (summary attached); 4. CORP.03.4 a. advise the Department of Planning, Industry and Environment that it does not have any lawful interest of occupation of Lot 7 Section 2 DP 758738, Lot 9 Section 2 DP 758738 and Lot 6 Section 2 DP 758738; b. review the current public access issue and ongoing maintenance at the rear of the affected lots and discuss with DIPE as part of the notification process; 5. CORP.03.5 - terminate the lease arrangement with John Holland and sub-lease arrangement with the Merriwa Rail Society and advise the Merriwa Rail Society to enter into a lease arrangement direct with John Holland; and 6. CORP.03.9 a. endorse the sale of surplus land at Lot 1 DP 549128 Murrurundi by private treaty with direct negotiation with the property owner of Lot 2 DP 549128; b. delegate authority to the General Manager to negotiate the sale price in accordance with the independent valuation; c. delegate authority to the General Manager to execute documentation in relation to the sale of the land. 7. CORP.03.11 a. recommence negotiations to acquire land for Pages River Road; and, b. proceed with Compulsory Acquisition where negotiations are unsuccessful.

BACKGROUND

This Corporate Services Committee meets prior to each monthly Council meeting to consider strategic and operational matters of business within the Corporate Services directorate.

REPORT/PROPOSAL

A meeting of the Corporate Services Committee was held on Friday, 12 February 2021. The minutes of the meeting are attached. The following reports were considered:

CORP.03.1 Financial Summary & Investment Report

The report lists Council’s current cash and investments, a report on YTD budget progress, capital works expenditure by project, and a schedule of budget adjustment for adoption. A summary of the budget variations for consideration is attached.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 2

Report To Ordinary Council Meeting 29 March 2021

Corporate Services

CORP.03.2 Scone Airport Project Update

The report is presented monthly to the Committee and provides an update on the progress of the airport redevelopment project. The airside component of the project is nearing completion, however the completion day may be extended into April due to wet wather. Works have commenced on the Hunter Warbirds facilty, which is due for completion by November 2021.

CORP.03.3 Update on Previous Property Action Items - March 2021

Items in progress include the upgrade to the Merriwa Medical Centre (almost comlete), options for 145 Liverpool St Scone, a listing of leased properties (presented this month in Confidential), Rosedale subdivision and review of Leasing Policy.

CORP.03.4 Aboriginal Land Claims 43484, 43485, 43486 – Murrurundi

Council will be advising DPIE that it has no interest in several parcels of land in Murrurundi as part of an Aboriginal land claim process.

CORP.03.5 Update on Property Projects - March 2021

There are several current projects, however of note is that John Holland has now agreed to terminate the lease with Council for the Merriwa Railway Station. This has been a long going issue with the Merriwa Rail Society now able to enter into a direct lease for the property.

ATTACHMENTS

1 Corporate Services Committee - Summary Minutes 2 Budget Variations

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 3 ATTACHMENT NO: 1 - CORPORATE SERVICES COMMITTEE - SUMMARY MINUTES ITEM NO: SCR.03.1

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 4 ATTACHMENT NO: 1 - CORPORATE SERVICES COMMITTEE - SUMMARY MINUTES ITEM NO: SCR.03.1

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 5 ATTACHMENT NO: 1 - CORPORATE SERVICES COMMITTEE - SUMMARY MINUTES ITEM NO: SCR.03.1

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 6 ATTACHMENT NO: 1 - CORPORATE SERVICES COMMITTEE - SUMMARY MINUTES ITEM NO: SCR.03.1

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 7 ATTACHMENT NO: 1 - CORPORATE SERVICES COMMITTEE - SUMMARY MINUTES ITEM NO: SCR.03.1

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 8 ATTACHMENT NO: 2 - BUDGET VARIATIONS ITEM NO: SCR.03.1

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 9 ATTACHMENT NO: 2 - BUDGET VARIATIONS ITEM NO: SCR.03.1

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 10 ATTACHMENT NO: 2 - BUDGET VARIATIONS ITEM NO: SCR.03.1

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 11 ATTACHMENT NO: 2 - BUDGET VARIATIONS ITEM NO: SCR.03.1

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 12 ATTACHMENT NO: 2 - BUDGET VARIATIONS ITEM NO: SCR.03.1

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 13

Report To Ordinary Council Meeting 29 March 2021

Environmental & Community Services

SCR.03.2 DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE RESPONSIBLE OFFICER: Greg McDonald - General Manager AUTHOR: Mathew Pringle - Director Environmental & Community Services

RECOMMENDATION That Council: 1. adopt the minutes of the Development & Environmental Services Committee meeting held on 9 March 2021. 2. DESC.03.1- refuse Development Application No. 132/2019 for a gravel pit at Lot 133 DP 750931 and Lot 1 DP 900094 Rossgole Road, Dartbrook for the reasons stated in Attachment 2. 3. DESC.03.2 - refuse Development Application No. 133/2019 for a gravel pit at Lot 112 DP 750931 Rossgole Road, Rossgole for the reasons stated in Attachment 3. 4. DESC.03.3 - approve Development Application No. 106/2020 to construct a rural workers dwelling at Lot 31 DP 793375, 430 Timor Road, Blandford, subject to the conditions of consent in Attachment 4.

BACKGROUND

The Development and Environmental Services Committee is a Standing Committee of Council which considers reports, advice and recommendations of management regarding strategic land use planning, development applications, environmental, health and building related matters. The Committee subsequently makes recommendations to Council in relation to such matters.

A meeting of the Development & Environmental Services Committee was held on Tuesday, 9 March 2021.

REPORT/PROPOSAL

In relation to Item DESC.03.1, the Committee unanimously supported the recommendation to refuse Development Application No. 132/2019 for a gravel pit at Lot 133 DP 750931 and Lot 1 DP 900094 Rossgole Road, Dartbrook for the reasons stated in Attachment 2.

In relation to Item DESC.03.2, the Committee unanimously supported the recommendation to refuse Development Application No. 133/2019 for a gravel pit at Lot 112 DP 750931 Rossgole Road, Rossgole for the reasons stated in Attachment 3.

In relation to Item DESC.03.3, the Committee supported the recommendation to approve Development Application No. 106/2020 to construct a rural workers dwelling at Lot 31 DP 793375, 430 Timor Road, Blandford, subject to the conditions of consent in Attachment 4.

ATTACHMENTS 1 Minutes of the Development & Environmental Services Committee - 9 March 2021 2 DA 132/2019 - Reasons for Refusal 3 DA 133/2019 - Reasons for Refusal 4 DA 106/2020 - Recommended Conditions of Consent

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 14 ATTACHMENT NO: 1 - MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES ITEM NO: SCR.03.2 COMMITTEE - 9 MARCH 2021

MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE OF UPPER HUNTER SHIRE COUNCIL HELD ON TUESDAY 9 MARCH 2021 IN THE COUNCIL CHAMBERS COMMENCING AT 10.00am

PRESENT:

Cr Kiwa Fisher (Chair), Cr Sue Abbott, Cr Ron Campbell and Cr Lee Watts.

APOLOGIES:

Nil

IN ATTENDANCE:

Cr Maurice Collison (Mayor) Mr Mathew Pringle (Director Environmental & Community Services), Mr Paul Smith (Senior Environmental Planner), Mrs Stevie Hayne (Administration)

ADOPTION OF MINUTES:

The Committee adopted the minutes of the Development & Environmental Services Committee meeting held on 8 February 2021.

Moved: Cr Campbell Seconded: Cr Abbott CARRIED

DISCLOSURES OF INTEREST:

Nil

PUBLIC PARTICIPATION:

Mr Frank Bragg Mr Peter Haydon

BUSINESS ITEMS:

DESC.03.1 DEVELOPMENT APPLICATION NO. 132/2019 VALIMA GRAVEL PIT - EXTEND PERIOD OF OPERATION

The Director Environmental & Community Services provided a brief overview of the proposed development. The development application is being referred to the committee as five submissions were received following public exhibition. The main concerns raised in the submissions are road conditions, cattle grid maintenance, air quality, truck movements, noise and vibration and road safety issues.

Mr Frank Bragg (Applicant) addressed the committee and argued that the application should be approved and conditioned to address the issues raised.

Councillors raised various concerns with the proposal including the lack of information, the lack of rehabilitation carried out previously, the suitability of Rossgole Road and the possibility of the application being Designated Development.

The Committee unanimously supported the recommendation to refuse the application.

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DESC.03.2 DEVELOPMENT APPLICATION NO. 133/2019 - ROSSGOLE GRAVEL QUARRY - EXTEND PERIOD OF OPERATION

The Director Environmental & Community Services provided a brief overview of the proposed development. The development application is being referred to the committee as four submissions were received following public exhibition. The main concerns raised in the submissions are road conditions, cattle grid maintenance, air quality, truck movements, noise and vibration and road safety issues.

Mr Frank Bragg (Applicant) addressed the committee and argued that the application should be approved and conditioned to address issues raised.

Councillors raised various concerns with the proposal including the lack of information, the lack of rehabilitation carried out previously, the suitability of Rossgole Road and the possibility of the application being Designated Development.

The Committee unanimously supported the recommendation to refuse the application.

DESC.03.3 DEVELOPMENT APPLICATION NO. 106/2020 - RURAL WORKERS DWELLING - 430 TIMOR ROAD, BLANDFORD

The Director Environmental & Community Services provided a brief overview of the proposed development. The development application is being referred to the committee as five submissions from four authors were received following public exhibition. The main concerns raised in the submissions were the small size of the lot, use of existing dwellings, visual impact and legality of the existing rural workers dwelling as the application was not publicly notified.

Mr Peter Haydon was invited by the Chair to address the Committee and raised concerns about who would be occupying the workers dwelling, number of dwellings on the site, carrying capacity, visual impact from his property and legality of the existing rural workers dwelling.

Councillors raised various concerns with the proposal including visual appearance, lot size, carrying capacity, permissibility of the number of dwellings, possible peer review of Business Plan.

The Committee supported the recommendation to approve the application, subject to the conditions of consent.

COUNCILLOR QUESTIONS:

Cr Abbott

1. In regards to Climate Change, Cr Abbott would like a note on climate emissions for each Upper Hunter Shire Council agenda item.

Response: The Director advised that Council were in the process of developing an action plan to reduce corporate greenhouse gas emissions. The Director took this question on notice and will investigate options.

Meeting closed at 11:05am.

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DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE REPORTS

DESC.03.1 DEVELOPMENT APPLICATION NO. 132/2019 VALIMA GRAVEL PIT - EXTEND PERIOD OF OPERATION RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental & Community Services AUTHOR: Paul Smith - Senior Environmental Planner

PURPOSE

On 17 October 2019 Council received Development Application No. 132/2019 for a gravel pit at Lot 133 DP 750931 and Lot 1 DP 900094 Rossgole Road Dartbrook. The development application is being referred to Council as five (5) submissions have been received. 

RECOMMENDATION

That Council refuse Development Application No. 132/2019 for a gravel pit at Lot 133 DP 750931 and Lot 1 DP 900094 Rossgole Road Dartbrook for the reasons in Attachment 1.

BACKGROUND

Applicant: Rossgole Pastoral Co Pty Ltd (RPC) Owner: Rossgole Pastoral Co Pty Ltd Proposal: Valima Gravel Pit – Extend Period of Operation Location: Lot 133 DP 750931 and Lot 1 DP 900094 Rossgole Road Dartbrook Zone: RU1 Primary Production

On 22 March 1996, Council approved Development Application No. 85/1995 for a gravel quarry at Lot 133 DP 750931 and Lot 1 DP 90094 No. 346 Halls Road Dartbrook. The consent expired on 22 March 2016. Council subsequently received Development Application No. 19/2017 for a new gravel quarry at the site of the previously approved quarry (within the same extraction area). At the 17 December 2018 meeting, Council resolved to defer the matter pending the submission of additional information. The application was subsequently withdrawn by the applicant.

On 17 October 2019 Council received Development Application No. 132/2019 for the Valima Gravel Pit to Extend the Period of Operation for a further 25 years (this is a new development and at present there is no consent in place for quarry extractive operations to occur on the land). On 12 December 2019 the applicant was advised of a number of deficiencies with the site plan, traffic impact assessment, air quality assessment and other issues. On 13 December 2019 the applicant was advised of issues with the Statement of Environmental Effects and given advice as to how the document should be structured. On 16 June 2020 the applicant submitted revised documentation which did not adequately address the issues previously raised. Following an assessment of the documentation the applicant was advised on 17 August 2020 that it remained deficient. A meeting was held on 28 August 2020 with the applicant (and its legal representatives) where the development application submission requirements were explained and the need to provide a development application that enables consideration of whether or not with the development is Designated Development. Council received a letter dated 8 December 2020 outlining how they believed issues should be dealt with. Council responded on 23 October 2020 reiterating the development application submission requirements. The revised documentation was provided on 10 November 2020 which has been used for this final assessment of the development application.

In summary the applicant has been given three opportunities to submit additional information to address the issues raised in the assessment of the development application.

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REPORT/PROPOSAL

The site of the proposed quarry has an active area of 1.97ha (according this the documents submitted by the applicant) and is located approximately 800m from Rossgole Road. The development application seeks consent for the operation of a gravel quarry over the workings of a former quarry (Development Consent No. 85/1995) to extract up to 29,000 tonnes of gravel per annum. It also includes:

 Period of extraction being for up to 25 years  Hours of operation being from 7am to 5pm (Monday to Friday), 8am to 1pm (Saturday), no quarry operations on Sunday or public holidays. Maintenance activities can be carried out at any time.  Operations involving ripping and pushing to be carried out using bulldozers, and front- end loaders and excavators.  Material will be processed on site through the use of a crushing and screening plant  The establishment of parking and lay down areas.  Access to the proposed quarry would be from Rossgole Road  The haulage route will be via Rossgole Road to the Nandowra Road

The key issues with the development application are:

 The development application is not accompanied by a site plan at a scale or with sufficient detail as required by the Environmental Planning and Assessment Regulation 2000 and the Upper Hunter Development Control Plan 2015 (the plans as provided are in Attachment 2).  The development application is not accompanied by a soil and water management plan in accordance requirements of the Upper Hunter Development Control Plan 2015. The “Land Management Report” (Steve Eccles Consulting) is not consistent with the Soil and Water Management Plan requirement and is a document commissioned by Council to inform its decision-making (the author has not given the applicant permission to use this report).  The development application does not contain sufficient information to enable Council to determine whether the proposed quarry should be characterised as Designated Development (ie requiring the submission of an Environmental Impact Statement) pursuant to Schedule 3, clause 19 of the Environmental Planning and Assessment Regulation 2000.  The development application is not accompanied by a Statement of Environmental Effects as required by Schedule 1, Part 1, clause 2(4), but rather comprises varied and inconsistent information over a range of documents (Project Description, Development Application Description, Statement of Environmental Effects and Supplementary Report) and does not give consideration to the accompanying supporting documents that have been provided - Air Quality Assessment, Land and Environment Management Report, Traffic Impact Assessment and Noise Impact Assessment Report.  Due to the inadequacy of the site plan and the soil and water management plan it is not possible to establish the actual footprint of the quarry which should include: access road, gravel screening/crushing plant, parking and lay down areas, areas of active rehabilitation and environmental management structures (dams, sediment controls, contour banks, bunds, drains and levees. Consideration of these issues could also trigger requirements under the Biodiversity Conservation Act 2016.  The proposed quarry is small scale in terms of the proposed annual extraction of 29,000 tonnes, however the scale in terms of potential environmental impacts is unclear. The existing site is highly degraded from the previous use as a quarry and likely to export considerable volumes of sediment into the surrounding catchments. The development application does not provide sufficient information by way of a soil and water management plan to demonstrate that an adequate and effective system can be put in place to manage the polluting discharges from the site.

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 Given the current condition of the site there are concerns about whether further quarrying would inhibit the ability to undertake future rehabilitation. It is noted that progressive rehabilitation formed part of the previous consent however such rehabilitation is not evident. The applicant has declined to provide a rehabilitation plan to demonstrate how progressive rehabilitation will occur over the proposed 25 year operation.  There are concerns about the structural integrity of the cattle grids to support the movement of haulage vehicles. The applicant was requested to provide a revised traffic impact assessment however declined to do so on the grounds that the scale of the operation does not warrant a revised assessment.

In essence the revised development application documentation submitted on 10 November 2020 is not sufficient to enable an approval recommendation. This has been supported by legal advice obtained by Council (Attachment 5 - provided as an excluded item under separate cover under legal privilege).

OPTIONS

1. That Council refuse Development Application No. 132/2019 for a gravel pit at Lot 133 DP 750931 and Lot 1 DP 900094 Rossgole Road Dartbrook for the reasons in Attachment 1. 2. That Council approve Development Application No. 132/2019 for a gravel pit at Lot 133 DP 750931 and Lot 1 DP 900094 Rossgole Road Dartbrook subject to conditions of consent.

CONSULTATION

Surrounding properties were notified of the development proposal between 6 November 2019 and 20 November 2019. An advertisement was placed in the Hunter Valley News on 6 November 2020. Following the receipt of a revised development application documentation on 16 June 2020 a further notification period was given from 24 July 2020 to 7 August 2020. A total of five (5) submissions were received raising concerns about adequacy of the information/documentation, truck movements, cattle grids, air quality, noise and vegetation removal (the submissions are provided in Attachment 4).

The development application was referred to Transport for NSW (formerly NSW Roads and Maritime Services) which raised concerns about the adequacy of the traffic impact assessment.

The development application was referred to Council’s Infrastructure Services which advised they are unable to make a recommendation prior to the submission of the required information (revised traffic impact assessment).

STRATEGIC LINKS a. Community Strategic Plan 2027

This report links to the Community Strategic Plan 2027 as follows:

Goal 3 Protect the natural environment Goal 5 A sustainable and prosperous economy

We are working to achieve the following Community Priorities:

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b. Delivery Program

Provide efficient and effective advisory, assessment and regulatory services focused on being Customer ‘friendly’, responsive and environmentally responsible. c. Other Plans

Nil

IMPLICATIONS a. Policy and Procedural Implications

Nil b. Financial Implications

Development Application fees of $285.00 have been paid. c. Legislative Implications

An assessment of the development application has been undertaken pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979 (see Attachment 3). d. Risk Implications

Council determinations of development applications and modifications in relation to local development can be appealed by the applicant in the Land and Environment Court where they are not satisfied with the outcome of a determination. There is a risk that the applicant may appeal the determination.

Council determinations of development applications and modifications in relation to local development can be appealed by a third party in the Land and Environment Court in circumstances where incorrect legal process has been applied. In the case of this development application the relevant considerations under the Environmental Planning and Assessment Act 1979 have been made. There is a low risk of a third party legal appeal in relation to this application subject to Council adopting the recommendation. e. Sustainability Implications

Due to the lack of information there concerns about the ability of the quarry to operate in a sustainable way. The Valima Quarry: Requirements stormwater erosion and sediment control, rehabilitation management and maintenance and monitoring program (Steve Eccles Consulting) describes the existing situation the ‘sediment can readily leave the site and there is erosion and sediment movement on the sections of the access road”.

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f. Other Implications

Nil

CONCLUSION

The application has been assessed as unsatisfactory against Section 4.15 of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Shire Development Control Plan 2015. It is therefore recommended that the development application be refused. The reasons for the recommendation are:

 Although the proposed quarry is small scale based on extraction (29,000 tonnes per annum) there are potential issues in relation to adequacy of the haulage route, erosion and sedimentation, water pollution and the capacity to rehabilitate the site after a further 25 years of quarrying.  The documentation that has been submitted is not consistent with the requirements of the Schedule 1 of the Environmental Planning and Assessment Regulation 2000  The documentation that has been submitted is not consistent with the requirements of the Upper Hunter Development Control Plan 2015.  There is insufficient information to enable Council to be satisfied that the proposed development is not designated development (necessitating the submission of an Environmental Impact Statement).  The development application has not demonstrated that proposed appropriate for the site context, the existing environment and is likely to result in significant adverse environmental impacts.

RECOMMENDATION

That Council refuse Development Application No. 132/2019 for a gravel pit at Lot 133 DP 750931 and Lot 1 DP 900094 Rossgole Road Dartbrook for the reasons in Attachment 1.

Moved: Cr Watts Seconded: Cr Abbott CARRIED

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

FOR AGAINST Councillor Campbell Councillor Fisher Councillor Abbott Councillor Watts Total (4) Total (0)

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DESC.03.2 DEVELOPMENT APPLICATION NO. 133/2019 - ROSSGOLE GRAVEL QUARRY - EXTEND PERIOD OF OPERATION RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental & Community Services AUTHOR: Paul Smith - Senior Environmental Planner

PURPOSE

On 17 October 2019 Council received Development Application No. 133/2019 for a gravel pit at Lot 112 DP 750931 Rossgole Road Rossgole. The development application is being referred to Council as five (5) submissions have been received.

RECOMMENDATION

That Council refuse Development Application No. 133/2019 for a gravel pit at Lot 112 DP 750931 Rossgole Road, Rossgole for the reasons in Attachment 1.

BACKGROUND

Applicant: Rossgole Pastoral Co Pty Ltd (RPC) Owner: Rossgole Pastoral Co Pty Ltd Proposal: Rossgole Gravel Pit – Extend Period of Operation Location: Lot 112 DP 750931 Rossgole Road, Rossgole Zone: RU1 Primary Production

On 22 March 1996, Council approved Development Application No. 87/1995 for a gravel quarry at Lot 112 DP 750931 Rossgole Road, Rossgole. The consent expired on 22 March 2016. Council subsequently received Development Application No. 18/2017 for a new gravel quarry at the site of the previously approved quarry (within the same extraction area). At the 17 December 2018 meeting, Council resolved to defer the matter pending the submission of additional information. The application was subsequently withdrawn by the applicant.

On 17 October 2019 Council received Development Application No. 133/2019 for the Rossgole Gravel Pit to Extend the Period of Operation for a further 25 years. This is a new development and at present there is no consent in place for quarry extractive operations to occur on the land.

On 12 December 2019 the applicant was advised of a number of deficiencies with the site plan, traffic impact assessment, air quality assessment and other issues. On 13 December 2019 the applicant was advised of issues with the Statement of Environmental Effects and given advice as to how the document should be structured. On 16 June 2020 the applicant submitted revised documentation which did not adequately address the issues previously raised.

Following an assessment of the documentation the applicant was advised on 17 August 2020 that it remained deficient. A meeting was held on 28 August 2020 with the applicant (and their legal representatives) where the development application submission requirements were explained and the need to provide a development application that enables consideration of whether or not with the development is Designated Development. Council received a letter dated 8 December 2020 from the applicant’s legal representatives outlining how they believed issues should be dealt with. Council responded on 23 October 2020 reiterating the development application submission requirements. Revised documentation was provided on 10 November 2020 which has been used for this final assessment of the development application.

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In summary the applicant has been given three opportunities to submit additional information to address issues raised in the assessment of the development application.

REPORT/PROPOSAL

The site of the proposed quarry has an active area of 1.95ha (excluding the access road) and is located approximately 890m from Rossgole Road. The development application seeks consent for the operation of a gravel quarry over the workings of a former quarry (Development Consent No. 87/1995) to extract up to 29,000 tonnes of gravel per annum for a period of up to 25 years. It also includes:

 Quarry operations (including haulage) between the hours of 7am to 5pm, Monday to Friday and 8am to 1pm on Saturday (no quarry operations will be carried out on Sundays or Public Holidays) except for maintenance activities which may be carried out any time;  Topsoil stripping (all topsoil will be stockpiled and used for future rehabilitation);  Use of plant and equipment to extract the gravel (generally by ripping and pushing) including a dozer(s) and front-end loader(s) and excavator(s);  Use of gravel screening/crushing plant;  Stockpiling of gravel and loading of gravel into trucks;  Parking and laydown areas;  An access road from Rossgole Road (the pit is located adjacent to the upper section of Rossgole Road),  Haulage of gravel by truck from the pit along Rossgole Road to the Nandowra Road (and from there along other public roads for delivery to customers);  Progressive rehabilitation of areas in which gravel extraction has been completed; and  Construction, use and maintenance of environmental management structures including dams, sediment control structures, contour banks, bunds, drains and levees.

The key issues with the development application are:

 The development application is not accompanied by a site plan at a scale or with sufficient detail as required by the Environmental Planning and Assessment Regulation 2000 and the Upper Hunter Development Control Plan 2015 (the plans as provided are in Attachment 3 and the documentation as submitted by RPC is provided on the Google Drive as an excluded item).  The development application is not accompanied by a soil and water management plan in accordance requirements of the Upper Hunter Development Control Plan 2015. The “Land Management Report” (Steve Eccles Consulting) is not consistent with the Soil and Water Management Plan requirement and is a document commissioned by Council to inform its decision-making (the author has not given RPC permission to use this report).  The development application does not contain sufficient information to enable Council to determine whether the proposed quarry should be characterised as Designated Development (ie requiring the submission of an Environmental Impact Statement) pursuant to Schedule 3, clause 19 of the Environmental Planning and Assessment Regulation 2000.  The development application is not accompanied by a Statement of Environmental Effects as required by Schedule 1, Part 1, clause 2(4), but rather comprises varied and inconsistent information over a range of documents (Project Description, Development Application Description, Statement of Environmental Effects and Supplementary Report and Supplementary Report No. 2) and does not give consideration to the accompanying supporting documents that have been provided - Air Quality Assessment, Land and Environment Management Report and Noise Impact Assessment Report (Attachment 5).

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 Due to the inadequacy of the site plan and the soil and water management plan it is not possible to establish the actual footprint of the quarry which should include: access road, gravel screening/crushing plant, parking and lay down areas, areas of active rehabilitation and environmental management structures (dams, sediment controls, contour banks, bunds, drains and levees. Consideration of these issues could also trigger requirements under the Biodiversity Conservation Act 2016.  The proposed quarry is small scale in terms of the proposed annual extraction of 29,000 tonnes, however the scale in terms of potential environmental impacts is unclear. The existing site is highly degraded from the previous use as a quarry and likely to export considerable volumes of sediment into the surrounding catchments. The development application does not provide sufficient information by way of a soil and water management plan to demonstrate that an adequate and effective system can be put in place to manage the polluting discharges from the site.  Given the current condition of the site there are concerns about whether further quarrying would inhibit the ability to undertake future rehabilitation. It is noted that progressive rehabilitation formed part of the previous consent however such rehabilitation is not evident. The applicant has declined to provide a rehabilitation plan to demonstrate how progressive rehabilitation will occur over the proposed 25 year operation.  The applicant has not provided a traffic impact assessment that covers the haulage route. However a “Road Safety Audit” was provided in Supplementary Report No. 2 that identifies issues with the haulage route as “steepness of road, narrow sealed section, restricted shoulders, erosion of table drains and close to road obstacles such as trees and rocks”. There are concerns about the structural integrity of the cattle grids to support the movement of haulage vehicles. The applicant was requested to provide a revised traffic impact assessment however declined to do so on the grounds that the scale of the operation does not warrant a revised assessment.

OPTIONS

1. That Council refuse Development Application No. 133/2019 for a gravel pit at Lot 112 DP 750931 Rossgole Road, Rossgole for the reasons in Attachment 1. 2. That Council approve Development Application No. 133/2019 for a gravel pit at Lot 112 DP 750931 Rossgole Road, Rossgole subject to conditions of consent.

CONSULTATION

Surrounding properties were notified of the development proposal between 6 November 2019 and 20 November 2019. An advertisement was placed in the Hunter Valley News on 6 November 2020. Following the receipt of a revised development application documentation on 16 June 2020 a further notification period was given from 24 July 2020 to 7 August 2020. A total of four (4) submissions were received raising concerns about adequacy of the information/documentation, truck movements, cattle grids, air quality, noise and vegetation removal (the submissions are provided in Attachment 5).

The development application was referred to NSW Roads and Maritime Services which raised concerns about the adequacy of the traffic impact assessment.

The development application was referred to Council’s Infrastructure Services which advised they are unable to make a recommendation prior to the submission of the required information (revised traffic impact assessment).

STRATEGIC LINKS a. Community Strategic Plan 2027

This report links to the Community Strategic Plan 2027 as follows:

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Goal 3 Protect the natural environment Goal 5 A sustainable and prosperous economy

We are working to achieve the following Community Priorities:

b. Delivery Program

Provide efficient and effective advisory, assessment and regulatory services focused on being Customer ‘friendly’, responsive and environmentally responsible. c. Other Plans

Nil

IMPLICATIONS a. Policy and Procedural Implications

Nil b. Financial Implications

Development Application fees of $285.00 have been paid. c. Legislative Implications

An assessment of the development application has been undertaken pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979 (see Attachment 2). d. Risk Implications

Council determinations of development applications and modifications in relation to local development can be appealed by the applicant in the Land and Environment Court where they are not satisfied with the outcome of a determination. There is a risk that the applicant may appeal the determination.

Council determinations of development applications and modifications in relation to local development can be appealed by a third party in the Land and Environment Court in circumstances where incorrect legal process has been applied. In the case of this development application the relevant considerations under the Environmental Planning and Assessment Act 1979 have been made. There is a low risk of a third party legal appeal in relation to this application, subject to Council adopting the recommendation.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 25 ATTACHMENT NO: 1 - MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL ITEM NO: SCR.03.2 SERVICES COMMITTEE - 9 MARCH 2021 e. Sustainability Implications

Due to the lack of information there concerns about the ability of the quarry to operate in a sustainable way. The Rossgole Quarry: Requirements stormwater erosion and sediment control, rehabilitation management and maintenance and monitoring program (Steve Eccles Consulting) describes the existing situation the ‘sediment can readily leave the site and there is erosion and sediment movement on the sections of the access road”. f. Other Implications

Nil

CONCLUSION

The application has been assessed as unsatisfactory against Section 4.15 of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Shire Development Control Plan 2015. It is therefore recommended that the development application be refused. The reasons for the recommendation are:

 Although the proposed quarry is small scale based on extraction (29,000 tonnes per annum) there are potential issues in relation to adequacy of the haulage route, erosion and sedimentation, water pollution and the capacity to rehabilitate the site after a further 25 years of quarrying.  The documentation that has been submitted is not consistent with the requirements of the Schedule 1 of the Environmental Planning and Assessment Regulation 2000  The documentation that has been submitted is not consistent with the requirements of the Upper Hunter Development Control Plan 2015.  There is insufficient information to enable Council to be satisfied that the proposed development is not designated development (necessitating the submission of an Environmental Impact Statement).  The development application has not demonstrated that proposed quarry is appropriate for the site context, the existing environment and is likely to result in significant adverse environmental impacts.

RECOMMENDATION

That Council refuse Development Application No. 133/2019 for a gravel pit at Lot 112 DP 750931 Rossgole Road, Rossgole for the reasons in Attachment 1.

Moved: Cr Abbott Seconded: Cr Campbell CARRIED

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

FOR AGAINST Councillor Campbell Councillor Fisher Councillor Abbott Councillor Watts Total (4) Total (0)

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DESC.03.3 DEVELOPMENT APPLICATION NO. 106/2020 - RURAL WORKERS DWELLING - 430 TIMOR ROAD, BLANDFORD RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental & Community Services AUTHOR: Lachlan Melichar - Health & Building Surveyor

PURPOSE

On 18 August 2020, Council received Development Application No 106/2020 seeking development consent to construct a new rural workers dwelling at 430 Timor Road, Blandford.

The application is being reported to the Development and Environmental Services Committee because 5 submissions have been received in relation to the proposal.

RECOMMENDATION

That Council approve Development Application No. 106/2020 to construct a rural workers dwelling at Lot 31 DP 793375, 430 Timor Road, Blandford, subject to the conditions of consent in Attachment 1.

BACKGROUND

Application No: DA 106/2020 Applicant: Langdale Park Partnership Owner: Mr S Smith & Mrs D K Smith Proposal: Rural workers dwelling Location: Lot: 31 DP: 793375, 430 Timor Road BLANDFORD NSW 2338 Lodged: 18 August 2020 Zone: RU1 - Primary Production

Development Application No. 8/2018 for a rural workers dwelling was approved under delegated authority on 20 February 2018 after having been assessed in accordance with S4.15 of the Environmental Planning and Assessment Act 1979. The rural workers dwelling was subsequently constructed on the land in accordance with the consent.

In relation to the current application, a business plan that was initially submitted with the application did not adequately support a second rural workers dwelling. In response to Council’s request for additional information, a revised plan was provided that comprehensively justified the proposal.

REPORT/PROPOSAL

The applicant seeks approval to erect a second rural workers dwelling on Lot 31 DP 793375, 430 Timor Road Blandford NSW 2338; an established horse stud and cattle farm known as Langdale Park.

The introduction of another rural workers dwelling on the subject property represents a marked intensification in the existing land uses, both in terms of a second rural workers dwelling on a single rural lot; and in any further extensive agriculture that the land can support, or that can be undertaken, given the provision of additional workers.

In considering the impacts that could result from the abovementioned intensification, the subject application was publicly notified, irrespective of table 1 of section 5.4 of the Community

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Participation Plan stating that dwellings or residential type development on rural land is presumed not to need notification.

During the notification process, 5 submissions from 4 authors were received by Council raising a number of concerns with the development, which are included in Attachment 4 of this report.

These concerns have been adequately explored and addressed in the planning assessment report in Attachment 2; and the revised Agricultural and Business Capability Assessment (included with the plans in Attachment 3) has comprehensively demonstrated that the agricultural and economic capacity of the land creates a need for the second rural workers dwelling.

OPTIONS

1. Approve Development Application No 106/2020 to construct a rural workers dwelling at Lot 31 DP 793375, 430 Timor Road, Blandford, subject to the conditions of consent in Attachment 1.

2. Defer Development Application No 106/2020 to construct a rural workers dwelling at Lot 31 DP 793375, 430 Timor Road, Blandford, subject to the submission of additional information.

3. Refuse Development Application No 106/2020 to construct a rural workers dwelling at Lot 31 DP 793375, 430 Timor Road, Blandford, stating the reasons for refusal.

CONSULTATION

Surrounding properties were notified of the proposed development between 28 August and 11 September 2020. Five (5) submissions from four (4) authors were received raising concerns which have been incorporated in the Planning Assessment Report in Attachment 2.

STRATEGIC LINKS a. Community Strategic Plan 2027

This report links to the Community Strategic Plan 2027 as follows:

Built and Natural Environment Goal 4 - Plan for a sustainable future  Implement and regularly review Strategic Land Use Plans, Environmental Planning Instruments and Development Controls, which reflect the needs and expectations of the broad Community.  Provide efficient and effective advisory, assessment and regulatory services focused on being Customer ‘friendly’, responsive and environmentally responsible.  Plan, facilitate and provide for a changing population for current and future generations.

We are working to achieve the following Community Priorities:

b. Delivery Program

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 28 ATTACHMENT NO: 1 - MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL ITEM NO: SCR.03.2 SERVICES COMMITTEE - 9 MARCH 2021

Assessment of the application is in accordance with the Town Planning Community Strategies:

CS13 - Implement and regularly review Strategic Land Use Plans, Environmental Planning Instruments and Development Controls, which reflect the needs and expectations of the broad Community, and CS14 – Provide efficient and effective advisory, assessment and regulatory services focused on being Customer ‘friendly’, responsive and environmentally responsible. c. Other Plans

NIL

IMPLICATIONS a. Policy and Procedural Implications

NIL b. Financial Implications

Development application fees totaling $2004.50 have been paid by the applicant. The Section 94A Development Contributions Plan applies to the development which will require the payment of a Section 7.12 levy of $2742.09. c. Legislative Implications

An assessment of the development application has been undertaken pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979 (see attached report). The proposed development is permissible with consent within the RU1 - Primary Production land use zone. d. Risk Implications

Council determinations of development applications in relation to local development can be appealed by a third party in the Land and Environment Court in circumstances where incorrect legal process has been applied.

Furthermore, the applicant has the right under Part 8 of the Environmental Planning and Assessment Act 1979 to appeal the decision of a consent authority to the Court.

In the case of this development application the relevant considerations under the Environmental Planning and Assessment Act 1979 have been made. e. Sustainability Implications

The Environmental Planning & Assessment Regulation 2000 prescribes that any class 1(a) – dwelling comprises “Basix affected development’ for which a Basix certificate must be issued.

Such has been issued for the development and it is a prescribed condition of consent that the commitments therein are complied with.

A condition of consent is recommended to be imposed requiring the installation of a 100kL rainwater tank to service the dwelling in accordance with the Upper Hunter Development Control Plan 2015, ensuring a sustainable volume of water storage for collection of roof-water runoff.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 29 ATTACHMENT NO: 1 - MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL ITEM NO: SCR.03.2 SERVICES COMMITTEE - 9 MARCH 2021 f. Other Implications

NIL

CONCLUSION

The application has been assessed as satisfactory against Section 4.15 of the Environmental Planning and Assessment Act 1979, Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Development Control Plan 2015.

The proposal is unlikely to adversely impact the surrounding locality and is considered to be an appropriate form of development for the site and within the land use zone.

Accordingly, it is recommended that the application be approved subject to conditions of consent and for the following reasons:

1. The proposal has been assessed as satisfactory against Section 4.15 of the Environmental Planning & Assessment Act 1979.

2. The proposal is consistent with the provisions of the Upper Hunter Local Environmental Plan 2013.

3. The proposal is consistent with the outcomes to be achieved as set out in the Upper Hunter Development Control Plan 2015.

4. The proposal is unlikely to have a significant adverse impact on the amenity of the neighbourhood.

5. The proposal is likely to make a positive economic impact on the surrounding locality.

RECOMMENDATION

That Council approve Development Application No. 106/2020 to construct a rural workers dwelling at Lot 31 DP 793375, 430 Timor Road, Blandford, subject to the conditions of consent in Attachment 1.

Moved: Cr Campbell Seconded: Cr Fisher CARRIED

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

FOR AGAINST Councillor Campbell Councillor Abbott Councillor Fisher Councillor Watts Total (2) Total (2)

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 30 ATTACHMENT NO: 2 - DA 132/2019 - REASONS FOR REFUSAL ITEM NO: SCR.03.2

DA 132/2019 – Reasons for Refusal

The recommendation that the development application be refused for the following reasons:

a) Pursuant to Section 4.15(1)(i) of the Environmental Planning and Assessment Act 1979, the proposal has been assessed as unsatisfactory against Clause 14 of State Environmental Planning Policy (Mining, Petroleum and Extractive Industry) 2007 as the proponent has not provided sufficient information to demonstrate that the development will be undertaken in an environmentally responsible manner. b) Pursuant to Section 4.15(1)(i) of the Environmental Planning and Assessment Act 1979 the proposed development has been assessed as unsatisfactory Clause 16 of State Environmental Planning Policy (Mining, Petroleum and Extractive Industry) 2007 as the proponent has not provided an Traffic Impact Assessment prepared in accordance with Guide to Traffic Generating Developments 2002 as required by NSW Roads and Maritime Services. c) Pursuant to Section 4.15(1)(i) of the Environmental Planning and Assessment Act 1979 the proposal does not satisfy Clause 17 of State Environmental Planning Policy (Mining, Petroleum and Extractive Industry) 2007 as the proponent has not provided sufficient information to demonstrate that the land would be adequately rehabilitated. d) Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 the development does not comply with the Upper Hunter Development Control Plan 2015 as the submitted plans and documentation is inadequate to enable a proper assessment to be carried out. e) Pursuant to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979 the development is likely to have an adverse impact on the environment in relation soil erosion, water quality and traffic/road safety. f) Pursuant to Section 4.15(1)(a)(iv) of the Environmental Planning and Assessment Act 1979 the development application does not satisfy the requirements of Schedule 1 of the Environmental Planning and Assessment Regulation 2000 and is insufficient to enable Council to determine whether the proposed development is Designated Development pursuant to Schedule 3 clause 19 of the Environmental Planning and Assessment Regulation 2000. g) Pursuant to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979 the Council is not satisfied that the site is suitable for further extractive industry use as it is not certain that it can be rehabilitated to an appropriate standard. h) Pursuant to Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979, the proposed development is not considered to be in the public interest due to the likely environmental impacts and the inadequacy of the haulage route.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 31 ATTACHMENT NO: 3 - DA 133/2019 - REASONS FOR REFUSAL ITEM NO: SCR.03.2

DA 133/2019 – Reasons for Refusal

The recommendation that the development application be refused for the following reasons:

a) Pursuant to Section 4.15(1)(i) of the Environmental Planning and Assessment Act 1979, the proposal has been assessed as unsatisfactory against Clause 14 of State Environmental Planning Policy (Mining, Petroleum and Extractive Industry) 2007 as the proponent has not provided sufficient information to demonstrate that the development will be undertaken in an environmentally responsible manner. b) Pursuant to Section 4.15(1)(i) of the Environmental Planning and Assessment Act 1979 the proposed development has been assessed as unsatisfactory Clause 16 of State Environmental Planning Policy (Mining, Petroleum and Extractive Industry) 2007 as the proponent has not provided an Traffic Impact Assessment prepared in accordance with Guide to Traffic Generating Developments 2002 as required by NSW Roads and Maritime Services. c) Pursuant to Section 4.15(1)(i) of the Environmental Planning and Assessment Act 1979 the proposal does not satisfy Clause 17 of State Environmental Planning Policy (Mining, Petroleum and Extractive Industry) 2007 as the proponent has not provided sufficient information to demonstrate that the land would be adequately rehabilitated. d) Pursuant to Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 the development does not comply with the Upper Hunter Development Control Plan 2015 as the submitted plans and documentation is inadequate to enable a proper assessment to be carried out. e) Pursuant to Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979 the development is likely to have an adverse impact on the environment in relation soil erosion, water quality and traffic/road safety. f) Pursuant to Section 4.15(1)(a)(iv) of the Environmental Planning and Assessment Act 1979 the development application does not satisfy the requirements of Schedule 1 of the Environmental Planning and Assessment Regulation 2000 and is insufficient to enable Council to determine whether the proposed development is Designated Development pursuant to Schedule 3 clause 19 of the Environmental Planning and Assessment Regulation 2000. g) Pursuant to Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979 the Council is not satisfied that the site is suitable for further extractive industry use as it is not certain that it can be rehabilitated to an appropriate standard. h) Pursuant to Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979, the proposed development is not considered to be in the public interest due to the likely environmental impacts and the inadequacy of the haulage route.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 32 ATTACHMENT NO: 4 - DA 106/2020 - RECOMMENDED CONDITIONS OF CONSENT ITEM NO: SCR.03.2

DA 106/2020 – Recommended Conditions of Consent

Identification of approved plans:

1. The development must be carried out in accordance with the development application, the drawings referenced below and Statement of Environmental Effects dated 10 August 2020 except where amended by the conditions of consent.

DRAWINGS NO. DRAWN BY DATE 129-19 – Sheet 1 and P.B Eveleigh Plan Service 07/08/2020 2 Rev A Basix Cert# P.B Eveleigh Plan Service 13/08/2020 1121635S Bushfire Threat Assessment JOB # Bushfire Consultant Pty Ltd 17/06/2020 0557 V1.0 Agricultural and Business Capability Scott Barnett & Associates January 2021 Assessment

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

2. A copy of all stamped approved plans, specifications and documents (including the Construction Certificate if required for the work incorporating certification of conditions of approval) must be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Certifier.

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

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

3. All building work must be carried out in accordance with the provisions of the National Construction Code Series.

(Reason: Prescribed by legislation)

4. Home Building Act Requirements (1) Building work that involves residential building work (within the meaning and exemptions provided in the Home Building Act) must not be carried out unless the Principal Certifier for the development to which the work relates:

(a) in the case of work to be done by a licensee under that Act: i. has been informed in writing of the licensee’s name and contractor licence number, and ii. is satisfied that the licensee has complied with the requirements of the Home Building Act, or

(b) in the case of work to be done by any other person: i. has been informed in writing of the person’s name and owner‐builder permit number, or ii. has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner‐builder work in section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 33 ATTACHMENT NO: 4 - DA 106/2020 - RECOMMENDED CONDITIONS OF CONSENT ITEM NO: SCR.03.2

Note: The amount referred to in paragraph (b)(ii) is prescribed by regulations under the Home Building Act 1989. As at the date on which this Regulation was Gazetted, that amount was $10,000. As those regulations are amended from time to time, that amount may vary.

(2) A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.

Note: Insurance thresholds are set out in Clause 53 of the Home Building Regulation 2014, stating that for the purposes of sections 92 (3) and 96 (3) (e) of the Act, the amount of $20,000 (inclusive of GST) is prescribed.

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

(Reason: Prescribed by legislation)

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

5. Pursuant to Upper Hunter Shire Council Section 94A Development Contribution Plan 2008, a contribution of $2742.09 is required to be paid to Council. The amount to be paid is to be adjusted at the time of the actual payment, in accordance with the provisions of the Section 94A Development Contributions Plan.

Documentary evidence shall be submitted to the Principal Certifier confirming that the contribution has been paid prior to determination of the application for Construction Certificate.

(Reason: To ensure that the proposed development makes an appropriate contribution to facilities in the Upper Hunter Local Government Area)

6. Prior to the issue of a Construction Certificate for the development, the plans shall be amended to increase the total volume of the associated rainwater tank(s) to a minimum of 100kL.

(Reason: To ensure compliance with the Upper Hunter Development Control Plan 2015)

7. Prior to the issue of any Construction Certificate, details shall be provided to the Principal Certifier demonstrating that reflective surfaces such as galvanised steel, zincalum or white colorbond will not be used, with all final material selections being muted tones that are sympathetic to the natural environment.

(Reason: To ensure that the building does not become a glare nuisance)

8. An application for a Construction Certificate shall be accompanied by Bushfire Threat Assessment JOB # 0557 V1.0 prepared by Bushfire Consultant Pty Ltd and dated 17/06/2020, accompanied by details and statements addressing compliance with the requirements set out in the report.

(Reason: To ensure appropriate bushfire protection measures will be implemented to the development)

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 34 ATTACHMENT NO: 4 - DA 106/2020 - RECOMMENDED CONDITIONS OF CONSENT ITEM NO: SCR.03.2

Conditions that must be addressed prior to commencement:

9. Where construction or excavation activity requires the disturbance of the soil surface and existing vegetation, adequate measures for erosion and sediment control shall be provided. As a minimum, control techniques are to be in accordance with The Blue Book published by Landcom provisions on Erosion and Sediment Control, or a suitable and effective alternative method.

All required erosion and sedimentation techniques are to be properly installed prior to the commencement of any site works and maintained in a functional and effective condition throughout the construction activities until the site is stabilised.

The installation is to be approved by the Principal Certifier prior to further commencement of site works.

(Reason: To protect the environment from the effects of sedimentation and erosion from development sites)

10. Site facilities (a) If the development involves building work or demolition work it is recommended that the work site be fully enclosed by a temporary security fence (or hoarding) before work commences. Any such hoarding or fence is to be removed when the work has been completed.

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

(c) A garbage receptacle fitted with a tight fitting lid for the reception of all food scraps and papers from the work site must be provided prior to building work commencing and must be maintained and serviced for the duration of the work.

(d) Adequate toilet facilities must be provided on the work site. Each toilet provided must be a standard flushing toilet, connected to a public sewer, or if connection to a public sewer is not available, to an on‐site effluent disposal system approved by the council, or an approved temporary chemical closet.

The provision of toilet facilities must be completed before any other work is commenced.

The installation of the site facilities shall be approved by the Principal Certifier prior to further commencement of site works and prior to the first inspection.

(Reason: To ensure the health and safety of the community and workers on the site)

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

(a) stating that unauthorised entry to the work site is prohibited;

(b) showing the name of the principal contractor (or person in charge of the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and

(c) showing the name, address and telephone number of the Principal Certifier for the work.

Any such sign must be maintained while to building work or demolition work is being carried out, but must be removed when the work has been completed.

The installation is to be approved by the Principal Certifier prior to further commencement of site works.

(Reason: Statutory requirement)

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 35 ATTACHMENT NO: 4 - DA 106/2020 - RECOMMENDED CONDITIONS OF CONSENT ITEM NO: SCR.03.2

12. No works shall commence on site until such time as a Construction Certificate has been issued for either part or all of the works. If a certificate is issued for part of the works it must cover the works being undertaken onsite.

(Reason: Prescribed – Statutory)

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

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

(a) materials must not be burnt on the site.

(b) vehicles entering and leaving the site with soil or fill material must be covered.

(c) dust suppression measures must be carried out to minimise wind-borne emissions in addition odour suppression measures must also be carried out where appropriate so as to prevent nuisance occurring at adjoining properties.

(Reason: To protect the environment and the amenity of the surrounding area)

14. Any person acting on this consent shall ensure that:-

(a) building construction activities are only carried out during the following hours: i. between Monday to Friday (inclusive)—7.00am to 5.00pm, ii. on a Saturday—8.00am to 5.00pm;

(b) building construction activities must not be carried out on a Sunday or a public holiday;

(c) demolition and excavation works must only be carried out between Monday to Friday (inclusive) between 8.00am and 5.00pm;

unless prior written approval has been obtained from Council.

(Reason: To ensure that works do not interfere with reasonable amenity expectations of residents and the community)

15. Building materials and equipment must be stored wholly within the work site, unless prior written approval has been obtained from Council. Equipment must not be operated on the footpath or roadway, unless prior written approval has been obtained from council.

(Reason: To ensure public safety and amenity on public land)

16. Any necessary alterations to, or relocations of, utility services must be carried out at no cost to the council or the relevant public authority.

(Reason: To ensure costs associated with the development are not transferred to the public)

17. The applicant shall bear the cost of all restoration works to Council’s property damaged during the course of this development.

(Reason: To ensure the protection of existing public infrastructure)

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 36 ATTACHMENT NO: 4 - DA 106/2020 - RECOMMENDED CONDITIONS OF CONSENT ITEM NO: SCR.03.2

Conditions which must be complied with prior to the issue of any occupation certificate:

18. Prior to the issue of any Occupation Certificate the person acting upon this consent must apply to Upper Hunter Shire Council and receive written confirmation of the allocated street address(es) or house number(s) for the completed project and shall be permanently displayed at the property in accordance with the provisions of AS4819.

(Reason: To ensure that Council records are accurate, and that house numbering complies with the requirements of the Australian Standards. Proper house numbering also assists emergency services in readily locating properties.)

19. The development shall be connected to the on-site sewage management system in accordance with the S68 approval and AS3500. In addition, a current Approval to Operate will also be required prior to the issue of any Occupation Certificate.

(Reason: To ensure compliance with the Australian Standard & Local Authority requirements.)

20. Prior to the issue of an Occupation Certificate vehicle access as a minimum from the boundary to the proposed development shall be constructed in a base course comprising compacted fine crushed rock and metal material to a minimum depth of 200mm to allow all weather access by a two (2) wheel drive vehicle.

The access shall connect to a stabilised all weather parking area that is of sufficient dimensions to park two vehicles, in addition to facilitating manoeuvres in and out of the parking area.

(Reason: To provide all weather vehicle access to site.)

21. The building is not to be used or occupied until a final inspection has been carried out and an Occupation Certificate has been obtained from the Principal Certifier.

(Reason: Prescribed - Statutory.)

22. Prior to the issue of an Occupation Certificate a works as executed plan drawn on Department of Fair Trading approved template detailing the layout and location of the sewer and stormwater pipe work is to be submitted to Upper Hunter Shire Council.

Note: The original copy of works as executed drawing must be submitted to Council.

(Reason: Prescribed – Statutory.)

23. Prior to the issue of any Occupation Certificate for the development, evidence shall be submitted to the Principal Certifier that all items set out in Bushfire Threat Assessment JOB # 0557 V1.0 prepared by Bushfire Consultant Pty Ltd and dated 17/06/2020, have been implemented and complied with.

(Reason: To ensure appropriate bushfire protection measures are implemented to the development)

Conditions that must be complied with at all times:

24. The building shall only be occupied by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on the property, or persons such as family members whom are concurrently cohabitating with such a person, in accordance with the definition of a rural workers dwelling.

(Reason: Prescribed - Statutory.)

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 37

Report To Ordinary Council Meeting 29 March 2021

Infrastructure Services

SCR.03.3 INFRASTRUCTURE SERVICES COMMITTEE RESPONSIBLE OFFICER: Greg McDonald - General Manager AUTHOR: Phillip Hood - Acting Director Infrastructure Services

RECOMMENDATION That Council: 1. adopt the minutes of the Infrastructure Services Committee meeting held on Tuesday, 9 March 2021; 2. ISC.03.6 – Village Reticulation – Special Update – Detailed Design and Proposed Methodology; a) adopt ‘rural reticulation’ supply principles in lieu of a ‘town-water’ standard for the project; b) endorse the proposed project methodology as described in this report; 3. ISC03.10 – Local Roads – Levels of Service Review; a) make representation to our local member to request a review into the inadequacy of government funding for sustainable maintenance and renewal of local roads; and 4. ISC.03.11 – Grant Funded Major Works – Survey & Design Program a) note the report and approve the outsourcing of design and survey functions as outlined in Attachment 1 of the report to be funded from within current budget allocations.

BACKGROUND

The Infrastructure Services Committee provides policy and direction, along with an update on the planned program for roads, bridges, water and sewerage work, parks and building.

REPORT/PROPOSAL

ISC.03.1 WORKS PROGRAM - INFRASTRUCTURE SERVICES - WATER AND SEWER

Project highlights from this month include (but are not limited to):

Scone/Aberdeen/Murrurundi Water Supply Treatment Improvement Pathway

o Integrated Water Cycle Management (IWCM) . Public Works Advisory (PWA) provided UHSC with final draft project proposal to deliver on the IWCM Plan for the Shire’s water and sewer infrastructure. This is a requirement of NSW Best-Practice Water Supply and Sewerage Management. . Council staff have reviewed the proposal and have agreed to a proposed funding arrangement with NSW Department Planning, Industry and Environment (DPIE) via the Safe and Secure funding program. . Current total scope is for approximately $454,515 of work, of which Council’s contribution will be $239,105 and DPIE (Safe and Secure) will be $215,410. Still waiting Funding Deed to be provided.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 38

Report To Ordinary Council Meeting 29 March 2021

Infrastructure Services

o Drinking Water Quality Risk Assessment Workshop . Workshop undertaken during 7-9 December 2020 included representatives from DPIE, NSW Health, Water NSW, Hunter H2O, PWA and Upper Hunter Shire Council. Atom Consulting undertook the assessment on behalf of NSW Health and are experts in this type of work. . A priority list of issues was provided by Atom at the end of 2020, and the Water and Sewer team started some works and budget allocation accordingly. . The final report is yet to be received, however the consensus during the workshop was that water filtration is required for water supplied from Glenbawn Dam.

o UV, Pre-Chlorination and Fluoride . $2.25M UV, Pre-chlorination and Fluoride project with Hunter H2O currently finalising the technical specifications for a Design and Contract tender. . NSW Health will fund the fluoride component, which is valued at $551,000, in addition to the $1.7M project budget for UV and pre- chlorination. Council have $850,000 of Safe and Secure grant funding for the works. . Works will be undertaken as ‘Stage 1’ water treatment improvement (with filtration to come later). . Final Concept Report and REF received. Geotechnical works has been commenced and waiting to receive the report.

o Aberdeen Hunter River Intake Improvements . GHD have provided the Concept Design for improvement works which include 2 new pumps and 2 ‘overhauled’ pumps, new VSDs (variable speed drives), intake rehabilitation works and changes to pipework to improve the intake screen backwash function. These items are being included in the 2021/22 budget. . In the meantime, Soil Conservation Service (SCS) have almost completed river bank restoration works (around the inlet screens). One of the Aberdeen supply screens was damaged during the above- mentioned work. Council arranged to supply and install a replacement screen while SCS undertakes dewatering of the area. This is causing delay to the project. . SCS were also engaged to construct a concrete drop structure adjacent to the pump building, to prevent further bank erosion in the area.

o Drought Management & Emergency Response Plan (DMERP) . The Water Teams from Singleton Council, Council and Upper Hunter Shire Council met in February and agreed to proceed with development of a combined DMERP. Previously this process was delayed as grant funding opportunities were explored. . Engaging one consultant to do the DMERP for all three councils at the same time will be cost effective and also facilitate concurrence of restrictions and triggers across the three Councils.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 39

Report To Ordinary Council Meeting 29 March 2021

Infrastructure Services

. Following the recent drought, the Department of Planning, Industry & Environment (DPIE) are exploring options to harmonize water restrictions across the state. This process will be considered as the new DMERP is developed.

ISC.03.2 WORKS PROGRAM - INFRASTRUCTURE SERVICES

Some of the major projects currently under construction or planned are:

 Regional Roads o MR358 Willow Tree Road Upgrade o MR62 Bunnan Road Widening and Pavement Strengthening  Local Roads o Tullong Road Rehabilitation o Waverley St Kerb and Gutter

MR62 Bunnan Road Widening and Pavement Strengthening

Road widening and pavement strengthening works will involve repair or replacement of drainage structures and relocation of other services underneath within the road corridor, pavement correction and strengthening, resurfacing sealing works.

Council staff and various consultants are working together to finalise construction plans so works can commence.

1. Ollerton Drive to Sophia Creek Road - Chainage 16.6km to 18km total length 1.4km $1,350,000 2. Sophia Creek Bridge to Cuan Shearing - Chainage 18.6km to 24.3km total length 5.7km $3,709,486 3. Bunnan Bridge to Kars Springs Road - Chainage 33.5 to 34.5km total length 1.0km $840,227.

Stage 1 & 3 pre-construction works are under review by senior staff. Stage 2 works continue to be developed.

The project is currently funded under the NSW Government ‘Fixing Country Roads’ and UHSC with the expectation that the Federal Government will also support the project.

Tullong Road Rehabilitation

Road rehabilitation works will involve repair or replacement of drainage structures and relocation of other services underneath within the road corridor, pavement correction and strengthening, resurfacing sealing works.

The project has reached construction phase, with drainage works currently underway by staff and contractors. Project estimated to be completed by the end of May 2021

Waverley Street Kerb and Gutter Replacement (between Liverpool and Short Streets)

Kerb and Gutter works will involve replacement of the existing structures, pavement correction and strengthening as required, resurfacing sealing works (kerb to current edge of bitumen).

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 40

Report To Ordinary Council Meeting 29 March 2021

Infrastructure Services

The project has reached construction phase with works currently underway. Staff are currently removing the old kerb and preparing the base layer. The project is due for completion by March 2021

ISC.03.3 SPECIAL PROJECTS UPDATE

The key projects currently been managed by Special Projects include:  Scone CBD Revitalisation – Detail Design  133 Kelly Street Redevelopment  Omadale Brook Bridge Replacement  Cameron Bridge Replacement  Moonan Brood Road Upgrade  Hunter Road Upgrade  Murrurundi Memorial Gates  Replacement two fire damaged independent living units, Liverpool Lodge, Murrurundi

ISC.03.4 CAPITAL WORKS UPDATE

The spreadsheet provided under separate cover shows the expenditure up to the end of February 2021.

Key projects currently include:  Scone Regional Airport  Nandowra Road Drainage works  SCCF Round 2 projects

ISC.03.5 VILLAGE RETICULATION AND MURRURUNDI RESERVOIR MONTHLY REPORT

A project update was provided on the Village Reticulation and Murrurundi Reservoir project

Key Activities Completed in the Last Month  Analysis of the detailed and alternative designs and costing for water supply of the three villages.  A separate report to the Infrastructure Services Committee (ISC) proposing the way forward with the Village Reticulation Project.  Continuation of construction of MDI reservoir.

Significant Achievements in the Next 3 Months  Report to ISC recommending preferred design and costs of village reticulation.  Preparation of tender documents for rates pricing.  Advertising of tender for rates pricing.  Completion of construction of the new MDI reservoir.  Construction of access stairway and platform on the reservoir.  Connection of pipework from the reservoir to the water network.

Stakeholder Engagement to date:  Notification of the village residents via letterbox drop.  Community meetings were held for each village.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 41

Report To Ordinary Council Meeting 29 March 2021

Infrastructure Services

 Feedback forms were sent in by the village residents.  Feedback of community consultation to the village residents via letterbox drop.  Residents adjacent to the MDI Res have been informed of the proposed works.

ISC.03.6 VILLAGE RETICULATION – SPECIAL UPDATE – DETAILED DESIGN AND PROPOSED METHODOLOGY

A report was provided to the committee with the following purpose:  Provide the water reticulation detailed designs and cost estimates for Parkville, Wingen, and Blandford to the Committee.  Assist the Committee in understanding the implications of the detailed design and cost estimate such as: o Extents possible o Costs o Practicalities of construction  Recommend and seek the Committee’s concurrence, or otherwise, of the adoption of a rural reticulation standard.  Outline the pipelaying cost sensitivity, difficulties in estimating, and the implications for the project.  Recommend a proposed methodology to proceed with the project.  Inform the Committee in regards to the risks for which the project and its stakeholders will need to address.

Detailed designs Engineering designers ADW Johnson, under contract from UHSC, have prepared detailed designs for the water reticulation networks. UHSC is confident the design is constructible, albeit with significant effort in some areas, and we have a firm engineering basis on which to base a cost estimate.

In some limited cases the design traverses private lands. Due to the uncertainty in the type of network (‘town water’, ‘rural reticulation’, or ‘water access point’) and uncertainty of the network extents (which village areas), agreement with the landholders have not yet been sought.

In Blandford and Wingen the design traverses Crown Roads and Crown Lands. Negotiating the planning requirements for these land types is likely to be problematic. The designers looked to avoid such land types, however this was not practicable in all circumstances.

The detail design for Parkville differs materially from the concept design. The reservoir proposal was not effective in achieving the aims of the reservoir. The reservoir design was replaced by a pressure-regulated connection directly from the Scone to Murrurundi (STM) pipeline (via a pressure sustaining valve).

Following community consultation UHSC requested the designer prepare two designs; a ‘town water’ network and a ‘rural reticulation’ network for each of the villages.

Implications of the detailed design (and analysis) Sufficient demand The community consultation conducted in 2020 failed to demonstrate the necessary demand for a small village network to ‘keep the water fresh’ within a potable water system.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 42

Report To Ordinary Council Meeting 29 March 2021

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Unless further demand can be established, it is likely to be very difficult to maintain the necessary NSW Health requirements for a potable water system. Until such demand builds (using the presumption that demand will build over time) it may be more practicable to operate the system as a non-potable water network, a ‘rural reticulation’ scheme.

Cost estimates Cost estimates have been developed for the ‘town-water’ network and ‘rural reticulation’ network.

Current budget The current budget has multiple sources of funding and is presented in Figure 3.

FUNDING SOURCE AMOUNT (ex GST) NSW Government contributions $ 3,018,200 Required UHSC co‐contributions $ 1,227,800 UHSC other committed contributions $ 432,000 TOTAL Funding for project $ 4,678,000 Less design costs to date $ (336,000) Figure 3. Current project budget and funding sources.

The water network to full extents and to a ‘town-water’ standard is much more expensive than the current project budget.

Rural reticulation standard

‘Rural’ connection principals proposed are similar to the existing Council Policy ‘Rural Water Supply – Policy – Rural Property Connections to Rising and Trunk Mains’. These ‘rural’ connections are characterised by:  No guarantee that the water will continue to meet potable water standards by the time it reaches the customer.  No guarantee of continuous supply hence we require the customer to maintain onsite storage.  No guarantee of minimum pressure and a greater tolerance for lower pressures.  No fire hydrants or firefighting water reserves (apart from that which is stored in property tanks).

Risks There are risks associated with the ‘rural reticulation’ standard.  The water is not potable without further treatment. The water supplied may not meet the requirements of the Australian Drinking Water Guidelines (ADWG).  Requiring customers to store water is generally against the water network operational principles to ensure potable water.  Creation of a ‘second class’ of service may become unsustainable in the long term. Council may be required to upgrade to a more standard potable water service in the future based on community pressure or NSW Health requirements.

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Benefits There are benefits associated with the ‘rural reticulation’ standard.  It is technically feasible to operate a water network with a low number of customers and with variable demand under these principles.  Increased water security and ‘drought-proofing’ to these communities which is the primary goal.  The construction cost of this network is minimised.  The operational cost for monitoring of this network is minimised.  The maintenance required for reservoirs, rising mains, etc. is minimised.  Allows development of options for ‘opt-in’ connections, rather than compulsory connections.

Construction hierarchy A construction hierarchy has been developed for the village design areas. This ranking is taking into account:  Efficiency of construction (relative cost of each connection),  Practicalities of construction,  Traverse required to reach the area or further areas from the reservoir / supply pipeline (Blandford in particular),  Access to appropriate land, and  Land planning complications (e.g. archaeological deposits, Crown Land easements, etc.).

It is important to note that this construction hierarchy is not final. This hierarchy needs to be refined over the next few months in consultation with all appropriate stakeholders.

Budgeting dilemma The detailed design has been assessed by a quantity surveyor who has provided a budget estimate (quantity survey). Due to the relative lengths of pipe (10-20km) within the reticulation the overall estimate is very sensitive to the pipe laying cost. The quantity surveyor has recommended a pipe laying cost. This cost is significantly different to those recommended by the NSW Office of Water’s reference rates. UHSC has investigated recent contract pricing from similar pipe laying projects within UHSC, neighbouring Councils, and developers. These contract prices suggest an even larger range of prices.

With this pricing range and the sensitivity of the project to this pricing range the potential overall variance is approximately 25%. In reality this means a conservative approach to tendering the project may leave the project only 75% the budgeted size. An aggressive approach to tendering may leave the project $1-2M over budget.

Further investigation is unlikely to yield a greater degree of certainty. To resolve this we will need to tender the construction activity and, potentially, following tendering, negotiate appropriate pricing with tenderers.

It is recommended that seeking a Schedule of Rates (SOR) tender will allow UHSC to build a cost estimate within 5-10%. The SOR tender will seek pricing for each of the typical components e.g. pipe laying, hydrants, fill points, road crossings, etc. on a unit rate e.g. per metre of main, per hydrant, etc. without needing to commit UHSC to the extents of the network. This approach also allows us some flexibility to create a better bargaining position and to negotiate better pricing.

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With the results of such a SOR tender we can accurately commit to the areas possible for the allocated budget.

Extent of reticulation The current budget and pricing assumptions would only allow connections through the hierarchy to Parkville area B or Blandford area A, unless further funding is allocated to the project.

Methodology The design project is complete. It is now time to develop and agree on a proposal. It was originally envisaged that at this stage of the project a selection of build areas would be made with a corresponding commitment to construction. Due to the pricing uncertainty a SOR tender and delaying any commitment to total extents is recommended. Figures 5A, B & C outline the methodology.

Critical issues yet to be fully addressed The following critical issues and risks deserve notation and discussion.  Funding body commitment. Will the funding bodies allow a limited reticulation scope? Will the funding bodies allow a non-potable supply?  Resident acceptance of ‘rural reticulation’. Those customers indicating a desire to connect may not be happy with a ‘second-class service’.  Delayed ‘value for money’. Should Council build a network in an area without strong upfront demand on the expectations that residents will change, demand will grow, and it will allow development? Is Council comfortable with potentially underutilised assets?

ISC.03.7 WATER CONSUMPTION UPDATE AND SUMMARY

The Water Consumption Update and Summary report provides an update on water consumption across the Shire.

ISC.03.8 MR358 WILLOW TREE ROAD UPGRADE

A selective tender for design works was undertaken; although no conforming tenders were received, UHSC entered into negotiations and awarded the contract to GHD in January 2021. An inception meeting was held in early February 2021 followed by site visit with UHSC staff and key project team members from GHD. A further hydrological inspection was undertaken two weeks later.

A community information session has held on Tuesday 16 February 2021 at the Merriwa School of Arts. This attracted in excess of 100 residents and saw presentations from Public Works Advisory, Douglas Partners and GHD followed by questions from the floor. Some other alternate considerations such as the condition of Dales Creek Road, Kars Springs Road and Merriwa-Scone Road were raised and are currently under investigation by UHSC staff. The road remains closed, this closure has come about from additional movement in the pavements and the increasing risk to road users given the increasing likelihood of future instability in these deep fill areas. If UHSC further considers reopening the road to light vehicles under restricted traffic conditions, then further assessments and analysis would be required in critical areas along with temporary remedial measures. It should also be noted that given the site is continuing to experience movement any remedial works may be negated immediately following completion.

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UHSC staff are continuing to work closely with Infrastructure , Transport for New South Wales and Public Works Advisory through the Project Control Group. Key activities undertaken last month:  Geotechnical weekly and monthly inspections  Road closure  Inception meeting with GHD for the design works  Weekly meetings with GHD  Hydrological site inspection with GHD staff  Community meeting held at Merriwa

Key activities next month:  Delivery of GHD concept designs expected early March 2021  Geotechnical Options Report expected early to mid March 2021  Additional survey – field work planned for 5 March 2021 o Particular focus of failed areas and cracking o Supplementary control marks for future use  PCG meeting scheduled for 10 March 2021

Emerging issues:  As the road has been closed to all traffic, it is proving difficult to prevent access to the site without restricting access for Council staff and consultants who are undertaking investigations, assessments and inspections and also to the property owners who are directly affected.  Currently there are concrete barriers across a cattle grid on the western approach with access via an adjacent public gate, which has a coded lock (this code has been provided to the two property owners that are directly affected). Similarly, the eastern has water-filled barriers across a cattle grid with access via an adjacent public gate, which has a coded lock.  It has been reported by the property owners and Council staff undertaking the daily inspections that the chains have been cut a number of times, the gates have been taken off the hinges and attempts to push the barriers out of the way.

ISC.03.9 ANSWERS TO COUNCILLOR QUESTIONS

At each Infrastructure Services Committee meeting the Councillors ask questions to the Infrastructure Services Director and Managers. Some questions require further investigation and actions to be made and a report is provided back to the Committee at the next meeting. Questions are noted on the Minutes and will be answered at the next month’s Infrastructure Services Committee meeting.

ISC.03.10 LOCAL ROADS – LEVELS OF SERVICE REVIEW

Council manages approximately 1800 kilometres of local roads of which approximately 1140 kilometres are gravel and maintained by Council. The community has an expectation that the level of service provided for roads will be maintained into the future. Council recognises that existing funding is necessary to provide a level of service but in order to meet the expectations of the community, further funding is needed. As such, there is a ‘gap’ between the level of service that Council is currently able to provide and community expectations.

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Council engineers and technical officers have traditionally been trained to work to an assumed level of service that is likely to be expected by the community. During any future community consultation process, staff will test this premise to make sure that it is correct or amend it accordingly. The consultations with the community identified the importance of the following key community concern relating to road assets:

 When asked “If there was one thing that Council could do to make the Shire better what would it be?” Approximately 40% of the respondents surveyed responded “improve our roads”. When asked ‘What do you least like about living in the Shire?” Approximately 15% of respondents cited “poor condition of roads”.

The major maintenance and renewal activities applicable to all sealed and unsealed roads have been listed below:

Unsealed Road Maintenance grading Grading maintenance of each class of road generally occurs on a cycle in accordance with the targeted maintenance frequencies below as a desired level of service.

Maintenance Activity Road Classification Desired Frequency Link Roads between 4 and 6 monthly Road grading Rural Collector (R1) between 6 and 12 monthly Rural Access (R2) 12 month cycle Rural Access (R3) 12 – 18 month cycle Rural Access (R4) Target biennial cycle

Three crews have been tasked to complete the planned maintenance grading works within a current budget allocation of $1,800,000. To meet the desired grading frequency at least 1200 kilometres of the gravel road network should be covered annually. The accepted industry average for grading crews is to complete approximately 1.5 to 1.8 kilometres of road grading per day under acceptable weather conditions. As crews currently operate on a nine day fortnight with travel allowance to each job there is a nominal maximum of 200 days of road grading per year per crew. Even at present resourcing and maximum output of 1.8 kilometres per day, the anticipated annual grading could only be 1,080 kilometres per annum (3 x 1.8 x 200). The following table outlines the ownership costs of maintaining the unsealed road network and compares this with current budget allocations.

Unsealed Road Grading and Maintenance Requirement Gravel Cycle Grading Useful Average Grading Current Roads Length Cost Life Days Per Need Budget (KM) ($/day) (YRS) Year ($/YR) Allocations Local 1,200 $4,000 1 600 $2,400,000 $1,800,000 Roads Total Funding Gap $600,000

It is important to note that the amount of grading undertaken in any given year fluctuates due to plant reliability and availability, and weather conditions. Reactive grading also may not require a full treatment to the whole road following heavy rainfall. The length of road graded is trending upwards and with improved staff structures and budget allocations it is anticipated this trend will continue to a level which equals or betters the desired frequency length.

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Some of Council’s present methods of grading could be reviewed to gain increased efficiency. These include, focused grading on worst locations, improved drainage maintenance and greater emphasis on pavement design.

Unsealed Road – Gravel Resheeting The desired depth of gravel over the unsealed road network is generally between 100/150mm depending on the roads classification. Rural Roads Classed 1, 2 and 3 are resheeted on a 20 year cycle (15 year cycle more desirable). Rural Class 4 roads are spot graveled only or as required to ensure safety.

Unsealed Roads – Gravel Resheeting Gravel Cycle Resheet Useful Average Resheet Current Roads Length Cost Life kms/ Year Need Budget (KM) ($/km) (YRS) ($/YR) Allocations Local 750 $35,000 20 37.5 $1,312,500 $500,000 Roads Total Funding Gap $812,000

Bitumen Reseal The road reseal program is an annual program that involves both the road surface and road pavement. The primary focus is for the replacement of the surface seal, however small repairs to the road pavement need to occur prior to the application of the new treatment. A new surface will only provide satisfactory protection to the pavement if the pavement is in adequate condition. Road seals are primarily a bitumen and stone layer. Bitumen deteriorates under sunlight exposure, eventually becoming brittle and cracking extensively. This allows water into the underlying road base, soon followed by failure (potholes, rutting) under traffic loads.

Sealed Road – Bitumen Reseal BITUMEN Length Reseal Useful Average(Km/YR) Reseal Current RESEALS (KM) Cost Life Need Budget ($/KM) (YRS) ($/YR) Allocations Regional 174 $35,000 13 13.5 $472,500 $485,000 Roads Local 456 $35,000 13 35.0 $1,225,000 $1,075,000 Roads Total Funding Gap $137,000 $1,697,500 $1,560,000

Sealed Roads – Heavy Patch Heavy Patching is the patching of a relatively large section of a badly damaged or deformed road. The first step in heavy patching is the removal of the remaining road surface, the underlying pavement is then pulverised, and strengthened with a binder or new gravel. The pavement is then watered and re-compacted and finally surfaced with a sprayed seal.

Sealed Roads – Heavy Patch Heavy Length Cost Useful Average Heavy Current Patch (KM) ($/KM) Life (YRS) (KM/YR) Patch Budget ($/YR) Allocations Sealed 630 $1,700 20 Various $1,100,000 $730,000 Roads Total Funding Gap $370,000

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Kerb and Gutter Renewal

Urban Roads - Kerb & Gutter Renewal K&G Length Cost Useful Average Need Current Renewal (KM) ($/KM) Life (KM/YR) ($/YR) Budget (YRS) Allocations K&G 120 $300,000 100 1.20 $360,000 $100,000 Total Funding Gap $260,000

Total Funding Shortfall $2,179,000

Levels of Service relate to outcomes the customer receives in terms of quality, quantity, responsiveness and performance as provided by the asset. To achieve and sustain acceptable standards of service for Council’s road asset network requires an annual commitment of funds. These funds provide regular and responsive maintenance and the timely renewal or replacement of the asset. The provision of adequate financial resources ensures that the road network is appropriately managed and preserved. Due to the quantum of the funds required this may require multiple financial years to get to a sustainable level. Financial provisions below requirements impacts directly on community development and if prolonged, results in substantial needs for “catch up” expenditure imposed on ratepayers in the future. Additionally, deferred renewal results in increased and escalating reactive maintenance as aged assets deteriorate at increasing rates.

Council is preparing its 2021/22 Budget at present. The shortfall of $2,179,000 may be difficult to allocate from present funding, and is likely to require significant reductions in other services. As the budget is prepared, the continuation of increased funds in conjunction with efficiency gains and modified means of maintenance will be explored to improve the level of service of roads to our community.

ISC.03.11 GRANT FUNDED MAJOR WORKS – SURVEY & DESIGN PROGRAM

To ensure these major projects are eligible for funding streams it is advantageous they are deemed ‘shovel ready’. This essentially means that once the funding has been approved, on- ground works can commence immediately following the award of a successful tender.

Therefore, it is crucial to have all the required investigations such as environmental, geotechnical, aboriginal and heritage and a full detailed design completed. By having these key project at the ‘shovel ready’ stage this will significantly increase the likely success of funding applications.

At present there are a number of projects listed in this year’s capital works program that cannot commence due to delays in design. This suggested approach will allow Council to fast track design and speed up the delivery of projects in future years.

ATTACHMENTS

1 Infrastructure Services Committee - 9 March 2021 - Minutes

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 49 ATTACHMENT NO: 1 - INFRASTRUCTURE SERVICES COMMITTEE - 9 MARCH 2021 - ITEM NO: SCR.03.3 MINUTES

MINUTES OF THE INFRASTRUCTURE SERVICES COMMITTEE OF UPPER HUNTER SHIRE COUNCIL HELD ON TUESDAY 9 MARCH 2021 IN THE COUNCIL CHAMBERS COMMENCING AT 12.00pm

PRESENT:

Cr Ron Campbell (Chair), Cr Maurice Collison, Cr Sue Abbott.

APOLOGIES:

RESOLVED that the apology received from Cr Lorna Driscoll be accepted.

Moved: Cr Maurice Collison Seconded: Cr Ron Campbell CARRIED UNANIMOUSLY

IN ATTENDANCE:

Cr James Burns, Mr Greg McDonald (General Manager), Mr Phill Hood (Acting Director Infrastructure Services), Mr Sam Wooden (Manager Works Delivery), Mr Jeff Bush (Manager Strategic Assets), Mr Alan Fletcher (Manager Special Projects), Mr Gavin McKenzie (Project Manager), Mr Gavin Newton- Smith (Project Manager), Mr Chris Agosto (Project Manager), Mr Wayne Phelps (Acting Director Corporate Services) and Mrs Karen Boland (Infrastructure Support Officer).

DECLARATIONS OF INTEREST:

Cr Abbott declared an ongoing non-pecuniary and non-significant conflict of interest for the reason that she is a Moobi Village landholder and her husband is one of the community advocates seeking information on water connection to Moobi. Cr Abbott advised that she would remain in the meeting but not contribute to discussion or take part in decision making.

PUBLIC PARTICIPATION:

ISC.03.2 Works Program – Infrastructure Services Angela Turner representing Yarrandi Road Residents – Yarrandi Road Maintenance

INFRASTRUCTURE SERVICES REPORTS

ISC.03.1 WORKS PROGRAM - INFRASTRUCTURE SERVICES - WATER AND SEWER RESPONSIBLE OFFICER: Phillip Hood - Acting Director Infrastructure Services AUTHOR: Nilakshi Fernando - Acting Manager Water & Sewer RESOLVED that the Committee receive the report and note the information.

Moved: S Abbott Seconded: R Campbell CARRIED UNANIMOUSLY

ISC.03.2 WORKS PROGRAM - INFRASTRUCTURE SERVICES RESPONSIBLE OFFICER: Phillip Hood - Acting Director Infrastructure Services AUTHOR: Sam Wooden - Manager Works Delivery RESOLVED that the Committee receive the report and note the information.

Moved: M Collison Seconded: S Abbott CARRIED UNANIMOUSLY

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 50 ATTACHMENT NO: 1 - INFRASTRUCTURE SERVICES COMMITTEE - 9 MARCH 2021 - ITEM NO: SCR.03.3 MINUTES

ISC.03.3 SPECIAL PROJECTS UPDATE RESPONSIBLE OFFICER: Phillip Hood - Acting Director Infrastructure Services

AUTHOR: Alan Fletcher - Special Projects Manager

RESOLVED that the Committee receive the report and note the information.

Moved: S Abbott Seconded: M Collison CARRIED UNANIMOUSLY

ISC.03.4 CAPITAL WORKS UPDATE RESPONSIBLE OFFICER: Phillip Hood - Acting Director Infrastructure Services

AUTHOR: Phillip Hood - Acting Director Infrastructure Services

RESOLVED that the Committee receive the report and note the information.

Moved: M Collison Seconded: S Abbott CARRIED UNANIMOUSLY

ISC.03.5 VILLAGE RETICULATION AND MURRURUNDI RESERVOIR MONTHLY REPORT RESPONSIBLE OFFICER: Phillip Hood - Acting Director Infrastructure Services

AUTHOR: Chris Agosto - Project Manager

RESOLVED that the Committee receive the report and note the information.

Moved: S Abbott Seconded: R Campbell CARRIED UNANIMOUSLY

ISC.03.6 VILLAGE RETICULATION - SPECIAL UPDATE - DETAILED DESIGN AND PROPOSED METHODOLOGY RESPONSIBLE OFFICER: Phillip Hood - Acting Director Infrastructure Services AUTHOR: Gavin McKenzie - Project Manager

RESOLVED that the Committee: 1. recommend ‘rural reticulation’ supply principles in lieu of a ‘town-water’ standard for the project; and 2. endorse the proposed project methodology as described in this report.

Moved: S Abbott Seconded: R Campbell CARRIED UNANIMOUSLY

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 51 ATTACHMENT NO: 1 - INFRASTRUCTURE SERVICES COMMITTEE - 9 MARCH 2021 - ITEM NO: SCR.03.3 MINUTES

ISC.03.7 WATER CONSUMPTION UPDATE AND SUMMARY RESPONSIBLE OFFICER: Phillip Hood - Acting Director Infrastructure Services AUTHOR: Nilakshi Fernando - Acting Manager Water & Sewer

RESOLVED that the Committee receive the report and note the information.

Moved: S Abbott Seconded: M Collison CARRIED UNANIMOUSLY

ISC.03.8 MR358 WILLOW TREE ROAD UPGRADE RESPONSIBLE OFFICER: Phillip Hood - Acting Director Infrastructure Services AUTHOR: Gavin Newton-Smith - Asset Engineer

RESOLVED that the Committee receive the report and note the information.

Moved: M Collison Seconded: S Abbott CARRIED UNANIMOUSLY

ISC.03.9 ANSWERS TO COUNCILLOR QUESTIONS RESPONSIBLE OFFICER: Phillip Hood - Acting Director Infrastructure Services AUTHOR: Karen Boland - Infrastructure Support Officer

RESOLVED that the Committee receive and note the report.

Moved: S Abbott Seconded: M Collison CARRIED UNANIMOUSLY

Councillor Questions

Cr Abbott

1. What are the legal ramifications of operating Cuan Pit with an expired DA? Response: Works Delivery Manager advised that Council is using Cuan Pit within the confines of existing approvals within the existing area of disturbance and are in the process of submitting a DA. Staff are liaising with the Planning Team in order to keep the pit operational until the DA process is concluded.

2. Do we have a scheduled date for tree planting (Capex Ref# 197) Response: Works Delivery Manager advised that planting is programmed for late April / early May.

3. Is there an update on what Council is going to do with the land under the bypass at Bill Rose Sports Complex? Response: Acting Director Infrastructure Services advised applications for grant funded projects have been submitted.

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4. Does Council need permission to stockpile site works, is a DA required? (Ref# 327 Capex) Response: Taken on Notice

5. With regard to ISC.03.8 – MR358 Willow Tree Road Upgrade, can Councillors have access to the first geotech report? Response: General Manager advised this report will be made available to Councillors

6. In reference to ISC.03.9 Councillor Questions, Page 72, Question 1 – Why did LLS use roundup for the weed spraying at the rock flume at Aberdeen and can some information be provided on how it was administered by drone? (Q1, Pg 73) Response: Acting Director Infrastructure Services advised LLS used the chemical Roundup Biactive with surfactant in accordance the Australian Standards of correct application rates and with the use of the correct PPE. General Manager advised a report will be provided to Council regarding environmental alternatives for weed treatment. Information on how it was administered by drone will be provided to Councillor’s.

7. In reference to ISC.03.9 Councillor Questions, Page 72, Question 4 - Can Council reports have more specific information regarding carbon emissions? Response: General Manager advised this information can be provided where it is readily available.

8. With regard to the Scone CBD Revitalisation, there are concerns regarding the proposed cycling route. Can Council please revisit the cycling issue and seek best practice to make safe. Response: General Manager advised the CBD Committee are meeting next week and will look at the feedback from the community which includes parking and an alternative or better opportunities for cycling through the main street.

9. What is Council’s position with respect to the Hunter Gas Pipeline? Response: General Manager advised that Council does not have a position on the Hunter Gas Pipeline at present.

10. Would Council consider putting a moratorium on any new petrol stations in our shire? Response: General Manager advised it would not be appropriate for Council to second guess a development based on uptake of changing technology.

Cr Campbell

1. Can a traffic counter be placed on Yarrandi Road to support the request for additional government funding for programmed maintenance? Response: Manager Strategic Assets advised a traffic counter can be placed there as soon as it is available. Acting Director Infrastructure Services advised that a traffic counter will also be placed there directly after a maintenance grade as this would be a clearer indication of the high volume of traffic

2. In reference to Cassilis Sewage System (ISC.03.1 - Water & Sewer Activities Update, Ref 11, Page 5), has any investigations to an alternate method of the system been made? Response: Acting Director Infrastructure Services advised an initial options study was completed and gravity feed was the preferred option, however, due to current cost estimates Council is revisiting all options as a sanity check for the budget.

3. Can Council please provide an update on Cuan Pit? Response: Works Delivery Manager advised Council is in the process of submitting a new DA. Council is also working with Mine Resource Management to resolve a non- conformance reporting issue.

4. Is there a crushing plant at Cuan Pit? Response: Works Delivery Manager advised we hope to have a crushing plant at Cuan Pit soon.

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5. Has an agreement been reached on Murulla Street causeway? Response: Acting Director Corporate Services advised UHSC is still working with Muswellbrook Council to proceed with upgrade to Murulla Street causeway for this Resources for Regions funded project.

6. Regarding the recent announcement of $400 million grant funding by the Deputy Prime Minister, how much money available to the shire? Response: General Manager advised UHSC received $1.2 million which will be used on the following projects:  Golden Hwy – widening of culvert  New England Hwy pedestrian crossing (near Surman Street)  Bunnan Road shoulder widening  Guard rail project on the regional road network (Bunnan Road, Gundy Road and potentially Willow Tree Road)

7. Can the Council owned land behind the western side of Collins Street Merriwa (Scully Close) be inspected and tidied up? Response: Works Delivery Manager advised the area has been inspected and grading works have been programmed.

8. Can drainage issue on Coolah Road, Cassilis be looked at? Response: Taken on notice

9. A letter has been received regarding the safety of Bunnan Road and reports of cars with caravans overtaking B-Doubles. Can the safety of this road be investigated? Response: Manager Strategic Assets advised he will investigate permissible times B- Doubles can use this road and advise, however all drivers should drive to the conditions. A safety audit is being conducted mid March 2021 on Bunnan Road which will look at line marking.

Cr Collison

1. In reference to ISC.03.2 – Works Program – Grant Funded Works Update, Page 17 & 18. Are the Drought Communities Programme projects to be finalised by 30 June 2021? Response: Works Delivery Manager advised that is correct.

2. Can Council please provide a ramp update and the condition of cattle grids. Response: Works Delivery Manager advised inspections have been completed over 2018/19 period. Spot inspections now being conducted as complaints are received.

3. Can Range Road Scone please be inspected? Response: Taken on notice

ISC.03.10 LOCAL ROADS - LEVELS OF SERVICE REVIEW RESPONSIBLE OFFICER: Phillip Hood - Acting Director Infrastructure Services AUTHOR: Jeff Bush - Manager Strategic Assets

RECOMMENDATION that Council make representation to our local member to request a review into the inadequacy of government funding for sustainable maintenance and renewal of local roads.

Moved: R Campbell Seconded: M Collison CARRIED UNANIMOUSLY

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 54 ATTACHMENT NO: 1 - INFRASTRUCTURE SERVICES COMMITTEE - 9 MARCH 2021 - ITEM NO: SCR.03.3 MINUTES

ISC.03.11 GRANT FUNDED MAJOR WORKS - SURVEY & DESIGN PROGRAM RESPONSIBLE OFFICER: Phillip Hood - Acting Director Infrastructure Services AUTHOR: Jeff Bush - Manager Strategic Assets

RESOLVED that Council note the report and approve the outsourcing of design and survey functions outlined in Attachment 1 to be funded from within current budget allocations.

Moved: M Collison Seconded: R Campbell CARRIED UNANIMOUSLY

THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 2:55pm

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 55

Report To Ordinary Council Meeting 29 March 2021

Environmental & Community Services

COMMITTEE/DELEGATES REPORTS

C.03.1 FLOODPLAIN MANAGEMENT COMMITTEE RESPONSIBLE OFFICER: Greg McDonald - General Manager AUTHOR: Mathew Pringle - Director Environmental & Community Services

RECOMMENDATION

That Council: 1. adopt the minutes of the Floodplain Management Committee meeting held on 25 February 2021. 2. amend the committee charter by reducing the number of Councillor members on the committee from four (4) to three (3).

BACKGROUND

The Floodplain Management Committee is a Section 355 Committee of Council which considers reports, advice and recommendations of management regarding issues associated with floodplain management and development within any areas deemed to be impacted or potentially impacted by flood or other waters. The Committee subsequently makes recommendations to Council in relation to such matters.

A meeting of the Floodplain Management Committee was held on Thursday, 25 February 2021.

REPORT/PROPOSAL

The Committee received two separate presentations from consultants Royal Haskoning and Advisian in relation to the Review and Update of the Aberdeen Floodplain Risk Management Study and Plan and the Review and Update of the Scone Floodplain Risk Management Study and Plan respectively.

The Committee reviewed the committee charter and recommended that the membership of the Committee be amended by reducing the number of Councillors from four (4) to three (3). This would remove an existing vacant position on the Committee.

ATTACHMENTS

1 Minutes of the Floodplain Management Committee meeting held 25 February 2021 2 Floodplain Management Committee - Amended Charter

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 56 ATTACHMENT NO: 1 - MINUTES OF THE FLOODPLAIN MANAGEMENT COMMITTEE ITEM NO: C.03.1 MEETING HELD 25 FEBRUARY 2021

MINUTES OF THE FLOODPLAIN MANAGEMENT COMMITTEE MEETING - THURSDAY 25 FEBRUARY 2021 - 11.00am

PRESENT: Cr Kiwa Fisher (Chair), Cr Maurice Collison (Mayor), Les Parsons, Ray Butchard (SES), Allan Davidson (SES)

IN ATTENDANCE: Greg McDonald (General Manager), Mathew Pringle (Director Environmental & Community Services), Jeff Bush (Manager Strategic Assets), Angela Halcrow (DPIE), Andrew Aboozaid (SES) Rohan Hudson (Royal Haskoning DHV), Chris Thomas (Advisian)

1. APOLOGIES

RECOMMENDATION That the apologies received from Cr James Burns and Cr Lorna Driscoll be accepted.

Moved: Cr Maurice Collison Seconded: Les Parsons

2. DISCLOSURE OF INTEREST

Nil.

3. PREVIOUS MINUTES

RECOMMENDATION That the Record of Proceedings of the Floodplain Management Committee meeting held on 7 February 2019, as circulated, be taken as read and confirmed as a correct record.

Moved: Ray Butchard Seconded: Cr Kiwa Fisher

4. BUSINESS ARISING FROM PREVIOUS MINUTES

Nil.

5. AGENDA ITEMS

5.1 Review and Update of Aberdeen Floodplain Risk Management Study and Plan

A presentation on the Review and Update of the Aberdeen Floodplain Risk Management Study and Plan was given by Rohan Hudson of Royal Haskoning DHV.

It was noted that the design flood levels in Aberdeen have decreased and the planned upgrade to the levee will protect the township against mainstream flooding up to the 1% AEP flood event.

A number of questions were asked by Committee members in relation to the impact of vegetation and blockages in channels, climate change and SES access to reliable flood level data.

5.2 Review and Update of Scone Floodplain Risk Management Study and Plan

A presentation on the Review and Update of the Scone Floodplain Risk Management Study and Plan was given by Chris Thomas of Advisian.

The presentation included information on the hydrologic model calibration and verification, flood frequency analysis and findings from the Scone CBD Revitalisation project flood assessment.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 57 ATTACHMENT NO: 1 - MINUTES OF THE FLOODPLAIN MANAGEMENT COMMITTEE ITEM NO: C.03.1 MEETING HELD 25 FEBRUARY 2021

A number of questions were asked by Committee members in relation to the extent of the study area and the accuracy of the hydrologic model.

5.3 Review of Committee Charter

The Committee reviewed the existing charter and recommended that the membership of the committee be amended by reducing the number of Councillors from four (4) to three (3). This would remove an existing vacant position on the committee.

Recommendation to Council:

Amend the committee charter by reducing the number of Councillor members on the committee from four (4) to three (3).

Moved: Cr Maurice Collison Seconded: Kiwa Fisher

6. CORRESPONDENCE

Nil.

7. GENERAL BUSINESS

Nil.

8. NEXT MEETING

The meeting was declared closed at 1.05pm.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 58 ATTACHMENT NO: 2 - FLOODPLAIN MANAGEMENT COMMITTEE - AMENDED CHARTER ITEM NO: C.03.1

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 59 ATTACHMENT NO: 2 - FLOODPLAIN MANAGEMENT COMMITTEE - AMENDED CHARTER ITEM NO: C.03.1

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C.03.2 WHITE PARK MANAGEMENT & DEVELOPMENT COMMITTEE RESPONSIBLE OFFICER: Phillip Hood - Acting Director Infrastructure Services AUTHOR: Sam Wooden - Manager Works Delivery

RECOMMENDATION That Council: 1. adopt the minutes of the White Park Management and Development Committee meeting held on 17 February 2021; 2. adopt the updated Charter of the White Park Management and Development Committee meeting.

BACKGROUND

The White Park Management & Development Committee is an advisory committee of Council. The Committee comprises representatives of the various users of the White Park facility. The aim of the Committee is to make recommendations to Council on the management and future development of White Park.

REPORT/PROPOSAL

The Committee met on 17 February 2021 and the following key items were discussed:

5.1 Campdraft Arena

5.1.1 Update on Campdraft Arena Manager Works Delivery gave an update on the campdraft Arena. Manager The Committee asked for confirmation on the height of the rubber on the Arena perimeter fence and that the rubber is a priority to be on the fence as they will not be able to use the Arena without it as poses a safety hazard and animal welfare hazard.

5.2 White Park masterplan – Stages 2 & 3

Works Delivery Manager presented a copy of the White Park masterplan at the November meeting the Committee is awaiting on seeking confirmation of the following:  how many new stables?  is the site on the plan (Ref 28) the best spot for the future stables?  is the parade ring (Ref 7) still required?  are there any plans for lighting for the outdoor arena?  is solar on the roof of the undercover arena an option?

5.3 White Park booking process

Works Delivery Manager went through the below booking processes with the Committee:

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 5.3.1 Stables / Bags  5.3.2 Fees / Bond  5.3.3 Cleaning  5.3.4 Nominated Contacts  5.3.5 Terms and Conditions  5.3.6 Arena preparation for events

5.4 Charter

Cr Kiwa Fisher read through the current Charter and the Committee agreed on the changes (separate attachment) and added in the newly adopted members to be added to the Charter and sent to the next Council meeting to be adopted.

OPTIONS

1. Accept the report 2. Amend the report 3. Decline the report

CONSULTATION

 White Park Management and Development Committee  Works Delivery Manager  Works Delivery Staff

STRATEGIC LINKS a. Community Strategic Plan 2027

This report links to the Community Strategic Plan 2027 as follows:

ECONOMY AND INFRASTRUCTURE Goal 6 Increase, enhance and maintain civil infrastructure, Community assets and open spaces to meet the needs of current and future generations. CS24 Provide for replacement, improvement and additional Community and open space infrastructure through investment, best practice and risk management. CS25 Provide inviting public spaces that are clean, green, properly maintained, well designed, encourage active participation, family friendly and accessible to all.

We are working to achieve the following Community Priorities:

b. Delivery Program

The report addresses the following objectives up to June 2021 as described in the 2020/2021 DPOP:

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Parks, Gardens and Sporting Fields By providing quality open spaces, parks sporting grounds and reserves that are suitable and accessible for the community.

Parks & Gardens A parks and open space maintenance program across Council. Upgrade or replace parks and playground equipment. c. Other Plans

Asset Management Plans.

IMPLICATIONS a. Policy and Procedural Implications

Nil b. Financial Implications

The priorities proposed are currently unfunded and these projects will need to be developed, costed and funding sourced. c. Legislative Implications

Nil d. Risk Implications

Nil e. Other Implications

Nil

CONCLUSION

The White Park Management and Development Committee is critical in the management and development of White Park.

ATTACHMENTS

1 White Park Management & Development Committee - 17 February 2021 - Minutes 2 DRAFT - White Park Management & Development Committee Charter 2021

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 63 ATTACHMENT NO: 1 - WHITE PARK MANAGEMENT & DEVELOPMENT COMMITTEE - 17 ITEM NO: C.03.2 FEBRUARY 2021 - MINUTES

MINUTES OF THE WHITE PARK MANAGEMENT & DEVELOPMENT COMMITTEE MEETING – WEDNESDAY 17 FEBRUARY 2021 - 5:00pm

PRESENT: Cr Kiwa Fisher (Chair UHSC) Julee Gilmore (UHDA/ UHBB) Rebecca Moran (Scone Rodeo) Susan Bettington (Scone Show Jumping) Jenny Moschner (Scone Pony Club) Christine Brooker (Hunter Branch of ASHS) Andrew Cooper (ASHS) Jay Gordon (ARCHA) Lynda MacCallum (NCHA)

IN ATTENDANCE: Sam Wooden (Manager Works Delivery – UHSC) David Gatwood (Manager Business Meg Thew (Administration Officer – UHSC)

1. APOLOGIES

RESOLVED That the apologies received from Cr Lee Watts (UHSC), Cr James Burns (UHSC) and David O’Meara (Scone Equine Hospital) be accepted.

Moved: C Brooker Seconded: J Moschner CARRIED UNANIMOUSLY

2. DISCLOSURE OF INTEREST

Nil

3. PREVIOUS MINUTES

RESOLVED That the minutes of the White Park Management & Development Committee Meeting held on 25 November 2020, as circulated, be taken as read and confirmed as a correct record.

Moved: A Cooper Seconded: J Gilmore CARRIED UNANIMOUSLY

4. BUSINESS ARISING FROM PREVIOUS MINUTES

Nil

5. AGENDA ITEMS

5.1 Campdraft Arena

5.1.1 Update on campdraft arena

Manager Works Delivery gave an update on the campdraft Arena. The Committee asked for confirmation on the height of the rubber on the Arena perimeter fence and that the rubber is a priority to be on the fence as they will not be able to use the Arena without it as it poses a safety hazard and animal welfare hazard.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 64 ATTACHMENT NO: 1 - WHITE PARK MANAGEMENT & DEVELOPMENT COMMITTEE - 17 ITEM NO: C.03.2 FEBRUARY 2021 - MINUTES

5.2 White Park Masterplan – Stages 2 & 3

Works Delivery Manager presented a copy of the White Park masterplan at the previous meeting. The Committee is awaiting on seeking confirmation of the following:  how many new stables?  is the site on the plan (Ref 28) the best spot for the future stables?  is the parade ring (Ref 7) still required?  are there any plans for lighting for the outdoor arena?  is solar on the roof of the undercover arena an option?

5.3 White Park Booking Process

 5.3.1 Stables / Bags Manager Works Delivery explained the issues we are having with the booking of stables and that they are not being managed correctly for events. He clarified the rules again which are; it is up to the event organiser to manage the opening of the stables for their competitors. This is to ensure that the right competitor is using the horse box they paid for. This is also how we must manage our stabling hire with COVID guidelines. The event organiser will be given a print out of the horse boxes /camping and bedding that has been paid for on the first day of the event or first day their competitor arrives, (whichever comes first). The committee agreed this is best management practice.

The Manager also asked the Committee for advice on the bedding situation and that our suggestion was to remove all bedding and place the bags in the horse boxes for the competitor to spread themselves. It is then up to the competitor to remove all bedding and therefore we can identify this as a ‘clean’ horse box upon inspection after event. The Manager explained that it is up to the competitor to choose the following, purchase all bedding through our Nominate website at the time of booking their horse box or they can bring their own. He explained section A, B and C take 5 bags to fill the box and section D takes 7. There is no compulsory requirement to purchase a set amount but Council have indicate on Nominate how many bags it takes to fill the horse boxes so competitors can make an informed decision.

 5.3.2 Fees / Bond The Committee question the fee process and can we charge a bond for each event. The Chairman explained that fees are adopted by Council annually and Council are to charge the fee that is adopted. Event organisers can write into Council seeking donations and it must be approved by Council. The Manager confirmed to the Committee there is a $500 bond fee for the hire of White Park and there is a $75 bond fee per stable booked. The Committee agreed that we should be charging those bonds per event booked. The bonds have now been enforced.

 5.3.3 Cleaning The Manager spoke to the Committee about what needs to be cleaned post events. He explained you should leave it how you found it. All Manure must be cleaned up and dumped in the allocated dumping sites. Rubbish needs to be placed in the bins provided and all signage must be removed. No signage may be placed on council property but in the notice board located at White Park.

Outdoor staff will complete a pre-event inspection and submit this which will be forwarded onto the event organiser. The Manager advised they would like to complete this with the user group so they correct anything that needs to be done prior to the event. A post event site inspection will occur on the first day of the event closing. This report will also be sent to the event organiser for their record. The committee agreed this is a good option so we can also keep track of any damages and issuing back bonds.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 65 ATTACHMENT NO: 1 - WHITE PARK MANAGEMENT & DEVELOPMENT COMMITTEE - 17 ITEM NO: C.03.2 FEBRUARY 2021 - MINUTES

 5.3.4 Nominate Contacts The Committee agreed that when booking White Park there is to be 2 nominated contacts per user group or event organiser. Only those 2 contacts should be who is finalising the booking with Council. The Manager agreed and said this should assist staff involved so we can keep track of conversations had prior to the event.

 5.3.5 Terms and Conditions Administration Officer went through the terms and conditions and advised that there will be a change to the noise restrictions on weekends and that they can have amplified music to 12am as per legislative rules. The Manager Works Delivery asked the Committee to familiarise themselves with the terms and conditions as some are not being followed and we will be following up on anyone not abiding to these.

 5.3.6 Arena Preparation for Events The Manager works delivery has asked that all Committee members to please write to us their exact Arena preparation requirements they need for their events so we can record this on the system and not lose track of it. He made note to please keep in mind the depth of the sand that was adopted at the previous meeting and that any sand that is to be added or removed is to be done by the event hirer and at their cost.

The Manager also indicated that anyone that would like to be inducted on the Tractor can do so and to please advise staff and we will keep record of this also.

5.4 Charter

Cr Kiwa Fisher read through the current charter and the Committee agreed on the changes (separate attachment) and added in the newly adopted members to be added to the charter and sent to the next Council meeting to be adopted.

6. ACTION SHEET

The Action Sheet has bee updated following the meeting.

7. CORRESPONDENCE

Nil

8. GENERAL BUSINESS

Outdoor Campdraft Arena - Manager Works Delivery advised that rubber matting at the base of the arena was not included in the original scope of works or budget but the Committee feel that it is now a necessary requirement and will be unusable without it.

9. NEXT MEETING

The next meeting will be held 25 March at 5.00pm

The meeting was declared closed at 7:40pm.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 66 ATTACHMENT NO: 2 - DRAFT - WHITE PARK MANAGEMENT & DEVELOPMENT ITEM NO: C.03.2 COMMITTEE CHARTER 2021

WHITE PARK MANAGEMENT & DEVELOPMENT COMMITTEE CHARTER

AIM To monitor the operation of the existing facility and to make recommendations to Council on the most appropriate means of developing White Park.

FUNCTIONS This Committee is established to make recommendations to Council on the following functions: 1. The care, control and management of White Park. 2. To investigate, report and make recommendations to Council on the following matters in relation to the development of White Park.  To liaise with appropriate bodies for the development of White Park.  The development of ancillary facilities such as camping grounds, arenas etc. within White Park.  Any other matter that may be related to the development of White Park. MEMBERSHIP 1. The name of the Committee shall be the White Park Management and Development Committee. 2. The membership of the Committee shall be as follows:  Two (2) Councillors plus one (1) alternative.  One (1) representative from the following organisations: o Scone Campdraft & Rodeo Association o Australian Stock Horse Society o Hunter Branch of Australian Stock Horse Society o Scone Dressage Club o Scone Pony Club o Scone Show Jumping Club o National Cutting Horse Association o Hunter Valley Cutting Horse Association o Australian Rein Cow Horse Association o Upper Hunter Beef Bonanza o Scone Equine Hospital o Community Representative The Chairman to be elected by the Committee from one of the three Councillors nominated to the Committee. OFFICE BEARERS The Committee shall elect a Chairman at the first meeting of the Committee who shall remain in office for the period of the Council term, except that if that Councillor is not renominated as a member of the Committee by Council. Any officer may be nominated for re-election.

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MEETINGS (a) At least four (4) days notice shall be given in writing of any Committee meeting. This may be reduced at the Chairman's discretion provided any member of the Committee unable to attend concurs with the shorter period of notice, either before or subsequent to the meeting. (b) A quorum shall consist of six (6) members.

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C.03.3 SCONE CBD REVITALISATION COMMITTEE RESPONSIBLE OFFICER: Alan Fletcher - Special Projects Manager AUTHOR: Tracey Warner - Projects Officer

PURPOSE

The purpose of this report is to inform Council of the outcomes of the Scone CBD Revitalisation Committee meetings held on 2 February 2021 and 17 March 2021 and the recent community consultation regarding Scone CBD Revitalisation design plans.

RECOMMENDATION

That Council: 1. adopt the minutes of the Scone CBD Revitalisation Committee meeting held on 2 February 2021; 2. accept the Scone CBD Revitalisation Committee recommendation to update the Scone CBD Revitalisation Committee Charter as tabled at the 2 February 2021 meeting; 3. adopt the minutes of the Scone CBD Revitalisation Committee meeting held on 17 March 2021; 4. receive and endorse the Consultation Report; 5. accept the Scone CBD Revitalisation Committee’s recommendation to select Option B for parking and left turn lane at intersection of Kelly and Liverpool Streets; 6. note further design features are to be workshopped with Councillors and the Committee.

BACKGROUND

The Scone Town Revitalisation Committee was established in February 2017. The Committee’s purpose and objective is to provide advice and recommendations to Council on the implementation of the master plan to upgrade Scone CBD and surrounds, as adopted by Council on 27 June 2016.

The design for Scone CBD Revitalisation has developed over the past 12 months on the basis of the Scone Town Centre Masterplan and information gained during the project.

The plans were completed in early February 2021 ready for consultation.

Community consultation on the Scone CBD Revitalisation design occurred between 8 February 2021 and 9 March 2021. The consultation phase commenced with a notification phase with newspaper and radio advertising, mail outs to Kelly Street shop owners, and visits by council officers to tenants in Kelly Street shops informing them of the process.

REPORT/PROPOSAL

The Committee met on 2 February 2021. Main discussions revolved around the road design and repair. TfNSW have reviewed slabs on site and will be reviewing the optimisation of the asphalt. Landscape design changed were reviewed with options for parking near the intersection of Kelly and Liverpool Streets discussed.

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The community consultation process was agreed upon with only Council staff handling this and feedback supplied in online, printed or written format.

The Committee reviewed proposed minor changes to the Charter and had no objections to these changes. It was also agreed that a new Committee member would be sought from previous applicants due to a vacancy on the Committee.

At the meeting on 17 March 2021 updates were provided on works with TfNSW who are now reviewing the detailed design. Two federal grants have been applied for with outcome to be advised in future.

The main business of this meeting was to make recommendation based on community consultation for the parking at the intersection of Kelly and Liverpool Streets. The Committee recommended Option B, which is 5 parking spaces with a short dedicated left turn lane. Voting on this resulted in seven for and one against the recommendation, which was carried.

An exhibition space was created on the ground floor of the Campbell’s Corner building, fronting Kelly Street, Scone. Displayed in the space, in A1 colour format, were the overall landscape drawing plan, parking options between Ray White and the Post office. Displayed in A3 colour format were the artistic impressions and paving options. All other documents relating to the project were available on a table to review in A3 colour format.

Feedback was requested electronically online or paper based on a standard format. Paper based response received were entered into the online system by a council administration officers (referred to as Data Type 1 in the consultation report). 125 people responded in the standard format provided.

Feedback was also received in an uncontrolled format which has been summarised for review (referred to as Data Type 2 in the consultation report). There were 40 responses received in this format.

While the feedback end date was specified as 9 March several responses have been received after that date, all have been included in the reporting.

The consultation report, dated 17 March 2021, was provided to the Revitalisation Committee at the beginning of the meeting 6pm, 17 March 2021. At the meeting a robust discussion occurred on the parking options A, B and C for the area between Ray White and the Post Office. A recommendation to endorsed option B, 5 spaces of parking + Left Turn Lane was made by the committee. Further decisions were postponed to 23 March 2021 where the Revitalisation Committee met to further review the Consultation Report.

OPTIONS

1. Council accept and endorse the consultation report and endorse in principle Option B, 5 Spaces and a left turning lane 2. Council accept and endorse the consultation report but refrain from adopting any detail around the design 3. Council rejects the consultation report

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CONSULTATION

 Revitalisation Committee  General Manager  Manager of Special Projects  Manager of Business Services  Scone LGA residents and business owners  Kelly Street shop owners  Kelly Street tenants  Chamber of Commerce  Scone Senior Citizens  Probus Club  Council’s Parks and Gardens  Council’s Inclusion and Access Committee  Upper Hunter Shire Traffic Committee

IMPLICATIONS a. Policy and Procedural Implications

Nil b. Financial Implications

The endorsement of the Consultation Report is a step in the overall delivery of the Scone CBD Revitalsiation project. The project is behind schedule and further delays may cause grant bodies to review grant funding eligibility hence the need to continue to through the design process. c. Legislative Implications

Nil d. Risk Implications

Loss of grant funding. e. Sustainability Implications

Community gardens can help reduce negative environmental impacts by promoting sustainable agriculture and improving the ecology of the area. f. Other Implications

Nil

ATTACHMENTS

1 Scone CBD Revitalisation Committee Charter 2 Minutes of the Scone CBD Revitalisation Committee meeting held 2 February 2021 3 Minutes of the Scone CBD Revitalisation Committee meeting held 17 March 2021 4 Scone CBD Revitalisation - Community Consultation Report

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 71 ATTACHMENT NO: 1 - SCONE CBD REVITALISATION COMMITTEE CHARTER ITEM NO: C.03.3

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 72 ATTACHMENT NO: 2 - MINUTES OF THE SCONE CBD REVITALISATION COMMITTEE ITEM NO: C.03.3 MEETING HELD 2 FEBRUARY 2021

MINUTES OF THE TOWN REVITALISATION COMMITTEE - SCONE MEETING - TUESDAY 2 FEBRUARY 2021 - 6:04 pm

PRESENT: Mayor Maurice Collison Acting Chairperson Garry Gilkeson Scone Chamber of Commerce Mark Heanly Hillross Consilium Rachael McGuirk Hello World Travel Anne Frame Keith Thompson Scott Shann Scone Chamber of Commerce Michael Burke Maccallum Inglis

IN ATTENDANCE: Greg McDonald UHSC General Manager Alan Fletcher UHSC Manager Special Projects Tracey Warner Administration Officer Special Projects (Minutes) UHSC Grahame Wilson Project Manager UHSC David Gatwood Manager Economic Development Prue Robertson Horticulture Sub-Committee Patrick Gleeson

1. APOLOGIES

RESOLVED That the apologies received from Cr James Burns be accepted.

Moved: Garry Gilkeson Seconded: Michael Burke CARRIED

2. DISCLOSURE OF INTEREST

Standing disclosure noted for Mark Heanly.

3. PREVIOUS MINUTES

RESOLVED That the minutes of the Town Revitalisation Committee - Scone Meeting held on 12 January 2021, as circulated, be taken as read and confirmed as a correct record.

Moved: Rachael McGuirk Seconded: Mark Heanly CARRIED

4. BUSINESS ARISING FROM PREVIOUS MINUTES

Nil

5. AGENDA ITEMS

5.1 Status Of Funding (Standing item) & 5.2 Expenditure (Standing Item) combined Finance Statement tabled detailing the grant funding of $10,954,377 and detail of budgets and expenditure for the CBD Revitalisation and 133 Kelly Street.

5.3 Kingdon St Footbridge (Standing item) No changes.

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5.4 Horse Capital of Australia (Standing item) IP lawyer advised that Covid-19 has slowed down the application process but our application is in good order. Manager Economic Development requested update 2 February and advised that he will update committee when he receives a reply.

5.5 Project Timeline and Management Plan Community Consultation to begin on 8 February. Drop in sessions at Campbells Corner have been organised for the period from 9 February to 9 March. Following the completion of the Community Consultation period, a PCG meeting will be held on 16 March, and a CBD Revitalisation Committee meeting on 17 March. Handouts and a fact sheet will be available on the UHSC website, in the Scone Administration Centre and at the drop in sessions. The results of consultation will go to Council on 29 March.

Project Management Plan will be updated 16 February and will be provided at next meeting.

5.6 Update of work with TfNSW Regular meetings are being held between TfNSW and UHSC. The road design and repair have been finalised and TfNSW were on site last week to review the slabs for replacement or repair. Optimisation of the asphalt to go over the concrete is also being reviewed as this is a significant part of the works. Cost sharing has been an ongoing topic. Quantity Survey to come then UHSC General Manager will negotiate final details.

5.7 Sub-Committee Updates – Equine Walk of Fame and Horticulture Manager Special Projects provided an update. Equine Walk of Fame Taskforce are scheduled to meet on 3 February.

Issues discussed were:  Horticulture Sub-Committee requested Committee review green spaces, shade, etc and list of trees, which needs expanding.  Entrances to town need larger trees to create impact.  Repurpose plants or make available to public instead of going into landfill – repurposing trees is not an option however smaller plants would be suitable for replanting.  St Aubins Square - maintaining the large amount of grass in the plans would be impossible given the anticipated high use of the space. 2/3 paved area to 1/3 grass would be more appropriate.

5.8 Review of landscape design

Project Manager reviewed changes to the plans on Revision E, including modification of curves, pedestrian crossing points, kerbside dining, total parking spaces including disabled spaces, St Aubins Square green space and signage. There was also discussion about the tree root systems impacting on infrastructure and building.

Manager Strategic Assets requests restricting parking outside the Belmore Hotel to vehicles no larger than 6 metres due to visibility issues.

Three options to be presented for Community Consultation for parking near intersection of Kelly & Liverpool Streets. Committee requested that during the consultation it be stressed that the left turn lane was included due to results of traffic survey, high percentage of traffic turning at lights and amount of infrastructure on the road to Satur.

RECOMMENDATION That the Committee make a recommendation on the preferred option today rather than go to Community Consultation.

Show of hands: For: Mark Heanly, Michael Burke. Against: Rachel McGuirk, Anne Frame, Scott Shann, Garry Gilkeson, Keith Thompson.

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5.9 Community Consultation Process

It was agreed that the community consultation would be handled by Council staff rather than Councillors or committee members to retain impartiality and consistency. Only feedback supplied in online or written surveys or email which include names will be used, however names will be removed for reporting purposes. Details of the consultation methods, dates & times will be advertised.

5.10 Changes to Scone Town Revitalisation Committee Charter

Committee reviewed proposed changes to the Charter with no objections to the proposed changes.

Regarding a vacancy on the committee, Manager Special Projects will contact previous applicants to see if they’re still interested. Vacancy will also be advertised in the media to the wider community.

6. ACTION SHEET

The Action Sheet has bee updated following the meeting.

7. CORRESPONDENCE

21 Questions by K Thompson taken on notice at previous meeting. Resignation – J Dawson.

8. GENERAL BUSINESS

K Thompson’s questions – Document circulated noting 19 were answered in a meeting with K Thompson. Two questions for Committee to address: 1. Intersection of Kelly and Kingdon Streets & ability to do u-turn? U-turn is illegal at this intersection. Plans being provided to police, TfNSW, local member and UHSC Traffic Committee as part of consultation process. 2. Parking for Civic Theatre functions – these will be outside retail hours so parking will not be an issue.

St Aubins Square – loss of parking: M Burke reminded the committee that three years ago, Council was to look at a vacant block in Main Street adjacent to the hair salon as a potential car park. Manager Special Projects to follow up.

K Thompson referred to April 2020 preliminary estimate which included roundabouts. Project Manager advised that the scope of works has changed and further design updates since this time. When the Quantity Survey is received further discussions will be held with funding bodies.

Kerbside dining: media release is due to be issued with these temporary platforms will be rolled out in four locations in Kelly Street. A grant has been received to cover this and will provide an indication on whether outdoor dining is supported by the community.

9. NEXT MEETING

17 March, 2021 at 6:00pm

The meeting was declared closed at 7.37 pm.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 75 ATTACHMENT NO: 3 - MINUTES OF THE SCONE CBD REVITALISATION COMMITTEE ITEM NO: C.03.3 MEETING HELD 17 MARCH 2021

MINUTES OF THE TOWN REVITALISATION COMMITTEE - SCONE MEETING - WEDNESDAY 17 MARCH 2021 - 6.00 pm

PRESENT: Cr James Burns Chairperson Garry Gilkeson Scone Chamber of Commerce Mark Heanly Hillross Consilium Rachael McGuirk Hello World Travel Anne Frame Keith Thompson Scott Shann Scone Chamber of Commerce Michael Burke Maccallum Inglis Acey Firth The Herd Store

IN ATTENDANCE: Greg McDonald UHSC General Manager Alan Fletcher UHSC Manager Special Projects Tracey Warner Administration Officer Special Projects (Minutes) UHSC Grahame Wilson Project Manager UHSC David Gatwood Manager Economic Development Prue Robertson Horticulture Sub-Committee Patrick Gleeson

1. APOLOGIES RESOLVED that the apologies received from Kim Parkinson be accepted.

Moved: Garry Gilkeson Seconded: Anne Frame CARRIED

2. DISCLOSURE OF INTEREST

Standing disclosures noted for Cr James Burns and Mark Heanly.

3. PREVIOUS MINUTES

RECOMMENDATION That the minutes of the Town Revitalisation Committee - Scone Meeting held on 2 February 2021, as circulated, be taken as read and confirmed as a correct record.

Moved: Scott Shann Seconded: Michael Burke CARRIED

4. BUSINESS ARISING FROM PREVIOUS MINUTES

Nil

5. AGENDA ITEMS 5.1 Status Of Funding (Standing item)

No change.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 76 ATTACHMENT NO: 3 - MINUTES OF THE SCONE CBD REVITALISATION COMMITTEE ITEM NO: C.03.3 MEETING HELD 17 MARCH 2021

5.2 Expenditure (Standing Item) – Quantity Survey

Quantity Survey received however will not be provided as the information is Commercial in Confidence and the QS Report would, if discussed, confer a commercial advantage on a person or contractor with whom Council is proposing to conduct business (Tender).

5.3 Kingdon St Footbridge (Standing item)

No change.

5.4 Horse Capital of Australia (Standing item)

Intellectual Property attorney has indicated there is no news on the registration of the trademark. However if nothing is received in the next month he will pursue the matter with ASIC. A link was provided to the case by the IP attorney, which Manager Business Development can provide to the Committee if requested.

5.5 Project Timeline and Management Plan

The Project Plan was supplied to Committee. Chair noted that in the Project Plan is referenced to the Quantity Survey which states “the current estimate is greater than current available income” and a staged program may be necessary. Manager Special Projects noted that Council has put in applications for two Federal Grants - $8m from Building Better Regions and $897,000 from Public Spaces Legacy program.

5.6 Update of work with TfNSW

TfNSW are reviewing plans and looking at optimising the design of the road surface to minimise the asphalt. They are also looking at the detail design as well as safety at intersections, turning circles and safety of both rear to kerb and nose to kerb angle parking options. Council is still waiting on a response regarding a trial of angle parking and Project Manager will follow this up with TfNSW.

5.7 Sub-Committee Updates – Equine Walk of Fame and Horticulture

No updates – these sub-committees have not met since last CBD Revitalisation Committee meeting.

5.8 Community Consultation Results

Consultation Report dated 17 March 2021 was circulated to Committee members. In order to give Committee members time to understand the Report, the only issue to be decided on during this meeting would be the Options A, B or C regarding the parking and left turning lane at the intersection of Kelly and Liverpool Streets. A workshop for Councillors and Committee members will be organised for Tuesday 23 March from 6:00pm in Chambers. Consulting Engineer Brett Hails, RHMCE and possibly Tadd Andersen, Mara Landscape Design will be available to answer any questions. Full report with redacted data will be available to Committee members in Chambers only, with appointment being required prior to this workshop. Full report will not be released until after the Council meeting, at the General Manager’s discretion.

6:22pm Cr Burns and Manager Business Services stepped out, returning at 6:25pm.

Project Manager provided overview of Community Consultation sessions and explained contents of Report. It was noted that the report will be updated with three late submissions prior to the workshop.

Chair opened “Committee as a whole” for open discussion regarding the options. Option B seemed to be option chosen by community, TfNSW and Committees. A request was made for clarity on the cycle lane. General Manager stated this would be addressed in the workshop as the cycle lane does not have an impact on the design of the intersection.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 77 ATTACHMENT NO: 3 - MINUTES OF THE SCONE CBD REVITALISATION COMMITTEE ITEM NO: C.03.3 MEETING HELD 17 MARCH 2021

RECOMMENDATION That this Committee recommends Option B, that is a left turn lane and five parking spaces for the Scone CBD Revitalisation plans.

Moved: Rachel McGuirk Seconded: Garry Gilkeson CARRIED

Show of hands: For: Cr James Burns, Garry Gilkeson, Mark Heanly, Rachael McGuirk, Anne Frame, Scott Shann, Michael Burke, Acey Firth Against: Keith Thompson

6. ACTION SHEET

The Action Sheet has bee updated following the meeting.

7. CORRESPONDENCE

Various submissions from community consultation.

8. GENERAL BUSINESS

K Thompson raised issue of input tax GST credits and suggests this could fund all CCTV and roundabouts. Project Manager will address these issues.

9. NEXT MEETING

Workshop scheduled 23 March 2021. Next meeting to be advised at that time.

The meeting was declared closed at 6:57pm.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 78 ATTACHMENT NO: 4 - SCONE CBD REVITALISATION - COMMUNITY CONSULTATION ITEM NO: C.03.3 REPORT

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Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 99

Report To Ordinary Council Meeting 29 March 2021

Corporate Services

C.03.4 ABERDEEN REVITALISATION COMMITTEE RESPONSIBLE OFFICER: Kristian Enevoldson - Director Corporate Services AUTHOR: David Gatwood - Manager Business Services

RECOMMENDATION

That Council: 1. adopt the record of proceedings of the Aberdeen Revitalisation Committee meeting held on Wednesday 3 March 2021. 2. note the resignations of Tony Berry and Judi Morgan from the Aberdeen Revitalisation Committee.

BACKGROUND

The purpose and objectives of the Aberdeen Town Revitalisation Committee is to provide advice and recommendations to Council on the implementation of the master plans to upgrade Aberdeen CBD and surrounds, as adopted by Council on 27 June 2016.

REPORT/PROPOSAL

The Committee was informed of the recent resignations of Tony Berry and Judi Morgan.

Lauren Cavanough was provided with a Committee Nomination form for completion and submission.

The Committee were informed of the latest developments including: 1) gravel at Jefferson Park for the formation of the River Walk. Sandstone blocks for seating to arrive. 2) Discussion around the development and placement of four new sign boards. 3) Quote for panels discussed with possible options for additional panel designs to be located in other areas of the town.

The Action Sheet was reviewed with a number of items completed and 2 new items added.

ATTACHMENTS

1 Town Revitalisation Committee - Aberdeen - 3 March 2021 - Minutes

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 100 ATTACHMENT NO: 1 - TOWN REVITALISATION COMMITTEE - ABERDEEN - 3 MARCH 2021 - ITEM NO: C.03.5 MINUTES

MINUTES OF THE TOWN REVITALISATION COMMITTEE - ABERDEEN MEETING - WEDNESDAY 3 MARCH 2021 - 5.00pm

PRESENT: Cr K Fisher (Chair), Cr L Driscoll, C Ray, E Birch, J Mitchell, K Brooks

IN ATTENDANCE: D Gatwood (UHSC), R Endersby (UHSC), Lauren Cavanough

1. APOLOGIES

There were no apologies.

2. DISCLOSURE OF INTEREST

NIL

3. PREVIOUS MINUTES

RECOMMENDATION That the Record of Meeting of the Town Revitalisation Committee - Aberdeen held on 18 September 2019, as circulated, be taken as read and confirmed as a correct record.

Moved: K Brooks Seconded: E Birch CARRIED

4. BUSINESS ARISING FROM PREVIOUS MINUTES

- Request to progress viewing platform/tourist signs - Investigate if plans have been drawn up for Dangar Park (Mara Consulting)

5. AGENDA ITEMS

- Resignations of Tony Berry and Judi Morgan be accepted - Committee Nomination form – Lauren Cavanough

RECOMMENDATION That the above recommendations be accepted as written:

Moved: K Brooks Seconded: J Mitchell CARRIED

- Gravel has been delivered for the River Walk, and the sandstone blocks for seating are on the way - Committee has discussed the development and placement of four new sign boards: - Quote for panels discussed. Options for further panels and designs to be located in other areas of the town put forward:- o Blue heeler – using black and blue tartan o Rugby league player silhouette – using black and orange tartan o Use Upper Hunter tartan on Highland Games silhouette and use the existing tartan pattern on another silhouette o Use of tartan/cut out figure on power poles – to give the impression of a caber toss

6. ACTION SHEET

The Action Sheet was updated following the meeting.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 101 ATTACHMENT NO: 1 - TOWN REVITALISATION COMMITTEE - ABERDEEN - 3 MARCH 2021 - ITEM NO: C.03.5 MINUTES

7. CORRESPONDENCE

- Resignation – Judi Morgan - Resignation – Tony Berry - Committee Nomination form – Lauren Cavanough

8. GENERAL BUSINESS

Investigate existing budget and Mara Consulting plans for CBD Revitalisation. Break down the plan into stages so that inclusion in budget/applying for grants is easier.

9. NEXT MEETING

- 28 April 2021 @ 5pm

The meeting was declared closed at 6.05pm.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 102

Report To Ordinary Council Meeting 29 March 2021

Corporate Services

C.03.5 AUDIT, RISK AND IMPROVEMENT COMMITTEE RESPONSIBLE OFFICER: Kristian Enevoldson - Director Corporate Services AUTHOR: Amber Moloney - Manager Governance & Risk

RECOMMENDATION

That Council: 1. adopt the minutes of the Audit, Risk and Improvement Committee meetings held on 26 August 2020, 25 November 2020 (Extraordinary Meeting) and 3 February 2021; and, 2. adopt the revised Audit Risk and Improvement Committee Charter provided in Attachment 4.

BACKGROUND

The Audit, Risk & Improvement Committee was established:  To review the long term and annual financial and operational audit plans of the Internal Auditor and to provide strategic direction.  To consider reports, advice and recommendations prepared by the Internal Auditor and the External Auditor, together with relevant information from third parties and to make recommendations to Council on matters placed before the Committee.  To monitor the external reporting and other governance responsibilities of Council.  To make recommendations to Council in relation to the formulation of or amendment to policies, administrative principles and procedures.  To be an effective communication forum between the external auditor, internal auditor, management and Council.

REPORT/PROPOSAL

The minutes of the Audit, Risk & Improvement Committee meetings held on 26 August 2020, 25 November 2020 (Extraordinary Meeting) and 3 February 2021 are attached, for Council’s information.

Management concur with the recommendations and requests made by the Committee as outlined in the minutes.

ATTACHMENTS

1 Audit, Risk & Improvement Committee - 26 August 2020 - Minutes 2 Minutes of Audit, Risk & Improvement Committee - 25 November 2020 3 Minutes of Audit, Risk & Improvement Committee - 3 February 2021 4 Audit Risk and Improvement Committee Charter - DRAFT changes February 2021

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 103 ATTACHMENT NO: 1 - AUDIT, RISK & IMPROVEMENT COMMITTEE - 26 AUGUST 2020 - ITEM NO: C.03.6 MINUTES

MINUTES OF THE AUDIT, RISK & IMPROVEMENT COMMITTEE MEETING - WEDNESDAY 26 AUGUST 2020 - 1.00pm

PRESENT: Paul Heaton Independent Chair Mitchell Morley Independent Member Paul Quealey Independent Member Cr Sue Abbott Councillor Representative Cr Kiwa Fisher Councillor Representative (alternate)

IN ATTENDANCE: Glenn Inglis Interim General Manager Kristian Enevoldson Director Corporate Services Amber Moloney Manager Governance & Risk Wayne Phelps Manager Finance

1. APOLOGIES

RESOLVED That the apologies received from Councillor James Burns (Councillor Representative) be accepted.

Moved: K Fisher Seconded: P Quealey CARRIED

2. DISCLOSURE OF INTEREST

P Heaton made a standing disclosure that his wife is employed by Council as the Youth Services Supervisor. No items on the agenda gave rise to a conflict in this regard.

3. PREVIOUS MINUTES

RESOLVED That the minutes of the Audit, Risk & Improvement Committee Meeting held on 20 May 2020, as circulated, be taken as read and confirmed as a correct record.

Moved: P Quealey Seconded: K Fisher CARRIED

4. BUSINESS ARISING FROM PREVIOUS MINUTES

Nil.

5. AGENDA ITEMS

ARIC.08.1 Summary of outstanding actions PURPOSE To provide the Committee with a summary of outstanding actions arising from resolutions of the Audit, Risk and Improvement Committee.

RESOLVED That the Committee: A. receive and note the summary of outstanding actions provided in Attachment 1; B. suggest that management request Forsysths to create the Assurance Map prior to the completion of Risk Register; and C. request that previous comments are included in the summary report, and dates are used instead of “next meeting”.

Moved: M Morley Seconded: K Fisher CARRIED

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 104 ATTACHMENT NO: 1 - AUDIT, RISK & IMPROVEMENT COMMITTEE - 26 AUGUST 2020 - ITEM NO: C.03.6 MINUTES

ACTION FOR COMMITTEE: Manager Governance & Risk to arrange with Forsyths for the assurance map to be created.

ARIC.08.2 Special Projects Update PURPOSE

The purpose of this report is to provide an update on the projects being managed by the Special Projects Team.

RESOLVED

That the Committee receive the report and note the information

Moved: P Quealey Seconded: M Morley CARRIED

ACTION FOR COMMITTEE: Nil.

ARIC.08.3 Insurance Arrangements 2020/2021 PURPOSE

To provide the Committee with details of Council’s insurance arrangements for 2020/2021.

RESOLVED That the Committee resolve to undertake a formal review of insurance coverage for all Major Projects as part of the initial risk assessment process.

Moved: P Heaton Seconded: S Abbott CARRIED

RESOLVED That the Committee resolve to consider when it last went to market for insurance services and whether there is value in in testing the market now or in the future.

Moved: M Morley Seconded: P Quealey CARRIED

RESOLVED That the Committee receives and notes the report.

Moved: P Quealey Seconded: K Fisher CARRIED

ACTION FOR COMMITTEE: General Manager to ensure that insurance coverage is reviewed as part of the initial risk assessment for all Major Projects. Manager Governance & Risk to find when Council last went to market for insurance services and initiate the relevant conversations.

ARIC.08.5 Draft Financial Statements - 2019/20 PURPOSE

The purpose of the report is to present the 2019/20 unaudited draft financial statements for Upper Hunter Shire Council (consolidated) and Gummun Place Hostel.

The Committee noted that the attachments to this report were provided at the time of commencement of the meeting, and that the Committee can therefore not discuss or provide a recommendation on the item, until they had a chance to review them.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 105 ATTACHMENT NO: 1 - AUDIT, RISK & IMPROVEMENT COMMITTEE - 26 AUGUST 2020 - ITEM NO: C.03.6 MINUTES

RESOLVED

That: A. the Committee note the high level verbal summary provided by the Manager Finance; and B. after the Financial Reports are circulated, the Committee members provide any questions via email, and subsequently determine if an additional meeting is required to be held.

Moved: K Fisher Seconded: M Morley CARRIED

ACTION FOR COMMITTEE: The Manager Finance to circulate the Financial Reports to the Committee as soon as they are ready, and Committee members to provide feedback via email.

ARIC.08.7 Internal Audit PURPOSE To provide an update to the Committee regarding Internal Audit activities.

RESOLVED That the Committee: A. Notes the tabling of the draft Internal Audit report for the Review of Asset Management Plans – Monitoring and Updates provided in Attachment 1; B. Notes the tabling of the draft Internal Audit report for the Review of Asset Maintenance and Renewal Plans provided in Attachment 2; C. Requests that the final reports are brought back to the next ordinary meeting; D. Receives and notes the implementation of Internal Audit activities provided in Attachment 3; E. Requests that management and the Internal Audit function confer with the Committee regarding the next audit to be completed from the Strategic Internal Audit Plan provided in Attachment 4; F. Notes that the implementation of the approved Internal Audit Plan is a work in progress, and that the completion of the assurance map will aid in determining the adequacy of the Internal Audit resources; and G. Requests that the Internal Audit Strategic Plan is reviewed following the completion of the assurance map, and subsequently brought back to the Committee.

Moved: P Quealey Seconded: M Morley CARRIED

ACTION FOR COMMITTEE: The Manager Governance & Risk only provide updates on the implementation of actions that are due.

The Manager Governance & Risk to put the final audit reports to the Committee at its next ordinary meeting.

The Manager Governance & Risk to update table in the Audit Plan to show the completion status of audits in the of the Plan.

The Manager Governance & Risk and the Internal Auditors determine the next audit to be undertaken and confirm with the Committee.

The Manager Governance & Risk, the Internal Auditors and senior management to review the IA Strategic Plan following the completion of the assurance map.

ARIC.08.8 Review of Key Performance Indicators PURPOSE

The purpose of this report is to provide the committee with an overview of the Key Performance indicators in the adopted by the Delivery Program and Operational Plan (DPOP) 2019/2020.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 106 ATTACHMENT NO: 1 - AUDIT, RISK & IMPROVEMENT COMMITTEE - 26 AUGUST 2020 - ITEM NO: C.03.6 MINUTES

RESOLVED That the Committee accepts the report and the comments.

Moved: P Quealey Seconded: M Morley CARRIED

ACTION FOR COMMITTEE: Nil.

ARIC.08.4 Interim Management Letter PURPOSE

The purpose of this report is to note the items raised in the Audit Office of NSW’s Interim Management Letter for year ended 30 June 2020.

RESOLVED That the Committee: A. Notes the Interim Management Letter; B. Recommends that management reaches out to other councils and Civica in regards to obtaining a more concise Masterfile audit report

Moved: M Morley Seconded: P Quealey CARRIED

ACTION FOR COMMITTEE: Manager Finance to reach out to other councils and Civica in regards to obtaining a more concise Masterfile audit report.

ARIC.08.6 External Audit Management Letter Recommendations and Resolution Progress PURPOSE

The purpose of this report is to provide the Committee with the progress on resolution of matters raised by the Audit Office of NSW in their Management Letter for the interim and final phase of Council’s year-end external audits conducted.

RESOLVED That the Committee notes the report on Council progress for the External Audit Management Letter recommendations.

Moved: S Abbott Seconded: K Fisher CARRIED

ACTION FOR COMMITTEE: Nil.

ARIC.08.9 Audit, Risk and Improvement Committee Calendar 2020/2021 PURPOSE

To present the 2020/2021 Audit, Risk and Improvement Committee Calendar to the Committee for adoption.

RESOLVED That the Committee adopt the 2020/2021 Audit, Risk and Improvement Committee Calendar as provided in Attachment 1, with the following changes: A. Set 4 meetings per year in early October, early-mid December, March and mid-June; and B. Move the Insurance Arrangements report to the October meeting.

Moved: S Abbott Seconded: P Quealey CARRIED

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 107 ATTACHMENT NO: 1 - AUDIT, RISK & IMPROVEMENT COMMITTEE - 26 AUGUST 2020 - ITEM NO: C.03.6 MINUTES

ACTION FOR COMMITTEE: Manager Governance & Risk to update calendar meetings to be early October, early-mid December, March, middle of June. Manager Governance & Risk to move Insurance Arrangements report to the October meeting.

ARIC.08.10 Deferred agenda items PURPOSE

To reschedule items on the Audit, Risk and Improvement Committee Calendar.

RESOLVED That the Committee notes that: 1. No service reviews are currently being undertaken at the current time; and 2. The Risk Management Committee has not yet held its meeting for Q1 and subsequently no reports are provided to this meeting from that Committee.

Moved: K Fisher Seconded: P Quealey CARRIED

ACTION FOR COMMITTEE: Nil.

6. GENERAL BUSINESS

ARIC.08.11 MR358 RESOLVED That the Committee requests a report regarding the lessons learnt from the outcome of the MR358 investigations as soon as appropriate, and a progress update at the next ordinary meeting if the investigations are still ongoing.

Moved: M Morley Seconded: P Quealey CARRIED

ACTION FOR COMMITTEE: General Manager to provide a report to the next ordinary Committee meeting.

7. NEXT MEETING

7 October 2020 at 12pm (extraordinary). 2 December 2020 at 1pm.

The meeting was declared closed at 3:46pm.

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Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 109 ATTACHMENT NO: 3 - MINUTES OF AUDIT, RISK & IMPROVEMENT COMMITTEE - 3 ITEM NO: C.03.6 FEBRUARY 2021

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Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 118 ATTACHMENT NO: 4 - AUDIT RISK AND IMPROVEMENT COMMITTEE CHARTER - DRAFT ITEM NO: C.03.6 CHANGES FEBRUARY 2021

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 119 ATTACHMENT NO: 4 - AUDIT RISK AND IMPROVEMENT COMMITTEE CHARTER - DRAFT ITEM NO: C.03.6 CHANGES FEBRUARY 2021

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 120 ATTACHMENT NO: 4 - AUDIT RISK AND IMPROVEMENT COMMITTEE CHARTER - DRAFT ITEM NO: C.03.6 CHANGES FEBRUARY 2021

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 121 ATTACHMENT NO: 4 - AUDIT RISK AND IMPROVEMENT COMMITTEE CHARTER - DRAFT ITEM NO: C.03.6 CHANGES FEBRUARY 2021

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 122

Report To Ordinary Council Meeting 29 March 2021

Corporate Services

C.03.6 SCONE & UPPER HUNTER REGIONAL SALEYARDS COMMITTEE RESPONSIBLE OFFICER: Kristian Enevoldson - Director Corporate Services AUTHOR: David Gatwood - Manager Business Services

RECOMMENDATION

That Council: 1. adopt the minutes of the Scone & Upper Hunter Regional Saleyards meeting held on 4 March 2021. 2. approve the change in wording to the Charter to allow alternate agent’s representatives to attend and vote at committee meetings.

BACKGROUND

The Committee provides recommendations to Council in relation to the management and performance of the Scone & Upper Hunter Regional Saleyards.

REPORT/PROPOSAL

The purpose of this report is to provide the committee with details relating to the operational management of the Saleyards, including WHS, current projects, financial and performance management.

Business Arising from Previous Minutes

Request to hold next meeting at the Saleyards and include an inspection. Ongoing discussion of solids separator and possible relocation to Truckwash. Improvement in expenses from previous reporting.

Saleyards Business Report

The Manager Business Services reported there has been only 1 new incident recorded which has since been closed. Provided details on year to date throughput and financial performance, highlighting the continued challenging environment with modest but improving numbers of cattle through the facility.

An update on the outstanding defects tabled and discussed.

Ongoing inspections have been carried out on a range of equipment.

Minor works still to be completed include Canteen external hand wash basin and awaiting signage to be installed.

Advertising space available on front fence entry and pans facing carpark.

Agents will be charged pro-rata for signage in next financial year owing to their removal during upgrade of facilities.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 123

Report To Ordinary Council Meeting 29 March 2021

Corporate Services

Saleyards Committee Charter

Additional wording in the Charter “or alternatives” which will allow 2 representatives from the same Agent to be present and vote on matters.

Action Sheet

Action sheet was updated and tabled.

Correspondence

Nil.

General Business

A number of matters were tabled and discussed including;

1) The Chair advised the Committee of the resignation of Joanne McLoughlin from Council and conveyed thanks for her contribution over the years. 2) D Gatwood advised resignation of Jack Johnston from position of Saleyards Officer. Thanks were also conveyed on his contribution in the role. 3) K Knight enquired about recent Thompson Longhorn filming of Saleyards. 4) S Sheldrake reported on minor flooding issue and suitable solution. 5) There was a request from SAA for Council to contribute towards advertising costs for upcoming Store Sale. 6) It was noted that a correction should be made in the DPOP regarding fees for emergency tags.

ATTACHMENTS

1 Scone & Upper Hunter Regional Saleyards - 4 March 2021 - Minutes

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 124 ATTACHMENT NO: 1 - SCONE & UPPER HUNTER REGIONAL SALEYARDS - 4 MARCH 2021 - ITEM NO: C.03.7 MINUTES

MINUTES OF THE SCONE & UPPER HUNTER REGIONAL SALEYARDS MEETING - THURSDAY 4 MARCH 2021 - 3:00pm

PRESENT: Cr Maurice Collison (Chair), Mr Stuart Sheldrake, Mr Ken Knight, Mr Allan Watts, Ms Coleen Brown

IN ATTENDANCE: David Gatwood (UHSC), Brett Peel (UHSC), Renae Endersby (UHSC), Tracy Swain (SAA)

1. APOLOGIES

RESOLVED That the apologies received from Greg McDonald, Jane Bennett, Kristian Enevoldson, David Payne and Peter Sawyer be accepted.

Moved: K Knight Seconded: S Sheldrake CARRIED

2. DISCLOSURE OF INTEREST

NIL

3. PREVIOUS MINUTES

RECOMMENDATION That the minutes of the Scone & Upper Hunter Regional Saleyards Meeting held on 3 December 2020, as circulated, be taken as read and confirmed as a correct record.

Moved: M Collison Seconded: S Sheldrake CARRIED

4. BUSINESS ARISING FROM PREVIOUS MINUTES

- Request to organise next meeting to be held at the Saleyards, and include an inspection - Solids separator – still looking into the opportunity of relocating to the Truckwash - Financials YTD – currently expenses operating at 5% over budget which is down from 17% in November. A reduction in casual labour costs has contributed to this improvement.

5. AGENDA ITEMS SUHRS.03.1 Saleyards Business Report PURPOSE

The purpose of this report is to provide the committee with details relating to the operational management of the Saleyards, including WHS, current projects, financial and performance management.

Incidents:

Incident 276 – 2 cattle deceased from nitrate/nitrite toxicity - COMPLETED

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 125 ATTACHMENT NO: 1 - SCONE & UPPER HUNTER REGIONAL SALEYARDS - 4 MARCH 2021 - ITEM NO: C.03.7 MINUTES

Inspections:

Item Last Next Inspection Action Required Action Status Inspected Inspection Findings Air 10/4/2019 30/4/2021 Satisfactory report Compressor with following actions: Recommended to Develop procedure Not started drain moisture for inspection and from vessel on a maintain vessel daily basis including draining moisture Vessel is required Secure vessel to Not started to be secured in concrete pad safe and acceptable manner

Vessel to be Adept Engineering to Complete registered with register with State Certificate to be put in State Authority Authority shed once constructed Oxy Fuel 25/08/2020 28/02/2021 Satisfactory report Nil Equipment and Welding Equipment Hydraulic Arrange inspection In progress Motor and and service Gates Weighbridge 16/04/2020 16/09/2020 Satisfactory report Nil

YTD:

Livestock throughput is 37% below projected target. This is due to producers keeping stock, and the effects of COVID-19. Numbers of head continue to fluctuate.

Financial:

Income to date as of January 2021 – 44% below forecast. Currently operating at 5% over budget in expenses.

Operating revenue – projected $278,000 – actual - $166,000 Expenditure – 5% above budget – due to increased utility and truck wash costs

Events – Store Sale – 18 March 2021

Outstanding Defects:

Decision has been made to not proceed with installation of the Actuators for scanners due to safety and operational concerns. A manual slide is being installed.

Shed issues – outstanding issues has been completed, however down pipes are not coping in heavy rain. Decision made to extend bung wall to redirect water flow.

Float valves – valves installed and operational.

Works in Progress:

Auctioneers box – complete Canteen – external hand basin still to be installed. New Signage – has either been installed or is on order from Muswellbrook Signs. Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 126 ATTACHMENT NO: 1 - SCONE & UPPER HUNTER REGIONAL SALEYARDS - 4 MARCH 2021 - ITEM NO: C.03.7 MINUTES

Option to sell advertising space to other parties was discussed. Front fence and surrounds of carpark as preferred options. Only agents signs to be displayed up on the front of the selling ring.

Manager Business Services advised that agents whose signs had been removed during the upgrades would only be charged advertising fees for three quarters for the next financial year.

Solids Separator:

Still under review – looking at relocation as not fit for purpose in current location

Minimal concreting to be finished near weigh room.

Saleyards Committee Charter

Request to add the words ‘or alternates’ to the structure for two representatives from the Scone Associated Agents. Agents need to be aware that this could mean two agents from the one business may be present and have to vote.

RECOMMENDATION That the Committee receive the information and note the report.

Moved: K Knight Seconded: S Sheldrake CARRIED

That the Committee accept the additional wording in the Charter.

Moved: S Sheldrake Seconded: C Brown CARRIED

6. ACTION SHEET

The Action Sheet was updated following the meeting.

7. CORRESPONDENCE

NIL

8. GENERAL BUSINESS

Cr Collison advised the committee of the resignation of Joanne McLoughlin, Property & Business Coordinator, from Council. On behalf of the committee, thanks is conveyed to Joanne for her hard work and contribution to getting the saleyards to where it is today, and we wish her well in her future endeavours.

Manager Business Services advised that a resignation had also been received from Jack Johnston, Saleyards Officer. On behalf of the committee thanks is given to Jack for his hard work and we wish him well in his future endeavours.

Mr K Knight asked about Thompson Longhorn videoing/photographing the saleyards. This is part of an marketing campaign to showcase their work and will also promote the saleyards.

Mr S Sheldrake bought up the flooding issue that was previously mentioned. He agreed that the extension of the bung wall would be a suitable solution.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 127 ATTACHMENT NO: 1 - SCONE & UPPER HUNTER REGIONAL SALEYARDS - 4 MARCH 2021 - ITEM NO: C.03.7 MINUTES

Mr S Sheldrake also raised the possibility of Council contributing to the advertising for the upcoming store sale. Council’s logo will be included on the advertising material and Council could also share on their social media platforms. Ms T Swain to send the relevant information through to the Manager Business Services.

Ms T Swain requested that the fees for emergency tags be amended in the DPOP as they are currently incorrect. This means that double invoicing is required to balance out funds.

9. NEXT MEETING

10 June, 2021 @ 3.00pm – to be held at the Scone Regional Saleyards

The meeting was declared closed at 3.42pm.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 128

Report To Ordinary Council Meeting 29 March 2021

Environmental & Community Services

C.03.7 SUSTAINABILITY ADVISORY COMMITTEE RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental & Community Services AUTHOR: Paul Jakes - Manager Waste & Sustainability

RECOMMENDATION

That Council: 1. adopt the minutes of the Sustainability Advisory Committee meeting held on 11 March 2021. 2. give consideration to the Committee’s recommendation to formally object to the Hunter Gas Pipeline project.

BACKGROUND

The Sustainability Advisory Committee is a committee of Council which meets on a quarterly basis unless otherwise advised. The Committee provides an open forum for effective and productive communication between Council and the community in relation to sustainability matters including the Upper Hunter Shire Sustainability Action Plan. The Committee considers reports, advice and recommendations of management regarding sustainability issues and makes recommendations to Council in relation to such matters.

A meeting of the Sustainability Advisory Committee was held on Thursday 11 March 2021.

REPORT/PROPOSAL

As noted in the minutes, the Committee considered a number of items including an update on Council’s 10 Year Waste Strategy, a review of Purchase Power Agreements and the Preparation of Council’s Energy Master Plan.

There was one specific recommendation to Council arising from General Business, being “That Upper Hunter Shire Council object to the Hunter Gas Pipeline” on the basis that the project is inconsistent with Council’s current position on Climate Change and Coal Seam Gas activities.

ATTACHMENTS

1 Sustainability Advisory Committee - 11 March 2021 - Minutes

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 129 ATTACHMENT NO: 1 - SUSTAINABILITY ADVISORY COMMITTEE - 11 MARCH 2021 - ITEM NO: C.03.8 MINUTES

MINUTES OF THE SUSTAINABILITY ADVISORY COMMITTEE MEETING - THURSDAY 11 MARCH 2021 - 05:00pm

PRESENT: Cr Sue Abbott (Chair), Ruth Hardy, Dr Catherine Chicken, Jillian Reid, Peter Bennetto, Dr Patrice Newell, Kathryn Ludeke

IN ATTENDANCE: Mat Pringle (Director Environmental & Community Services), Paul Jakes (Manager Waste & Sustainability), Tim Wall (Waste Education Officer)

1. APOLOGIES

RECOMMENDATION That the apologies received from Cr James Burns be accepted.

Moved: Kathryn Ludeke, Seconded: Jillian Reid

2. DISCLOSURE OF INTEREST

Nil.

3. PREVIOUS MINUTES

RECOMMENDATION That the minutes of the Sustainability Advisory Committee Meeting held on 23 September 2020, as circulated, be taken as read and confirmed as a correct record.

Moved: Jillian Reid, Seconded: Peter Bennetto

4. BUSINESS ARISING FROM PREVIOUS MINUTES

The topic of Glyphosate was raised. Details presented in Section 6.

5. AGENDA ITEMS SUS.03.1 Energy Master Plan PURPOSE

To introduce to the Sustainability Advisory Committee the work being carried out to develop an Energy Master Plan.

The Manager Waste & Sustainability discussed the reasons and methodology behind the Energy Master Plan. The Draft Energy Master Plan has recently been received and is currently under review. It contains details of energy saving projects and budget cost estimates. Peter Bennetto enquired as to whether this was related to the PPA Report and The Manager Waste & Sustainability confirmed this was the case. Cr Abbott requested that the final version of the Energy Master Plan be made available to Committee members.

RECOMMENDATION That the Sustainability Advisory Committee note the report.

Moved: Peter Bennetto, Seconded: Kathryn Ludeke.

ACTION FOR COMMITTEE: Nil.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 130 ATTACHMENT NO: 1 - SUSTAINABILITY ADVISORY COMMITTEE - 11 MARCH 2021 - ITEM NO: C.03.8 MINUTES

SUS.03.2 Power Purchase Agreement PURPOSE

To introduce the Sustainability Advisory Committee to the work being done to increase the proportion of our electricity sourced from renewable sources in the long term.

The Manager Waste & Sustainability discussed the reasons and methodology behind pursuing a Power Purchase Agreement. Also discussed was the intention that any agreement entered into would include provision to cater for future energy saving projects undertaken by Council (e.g. Solar installations). Local wind farm projects were discussed. A non-binding expression of interest is due to be issued at the end of March 2021.

RECOMMENDATION That the Sustainability Advisory Committee note the report.

Moved: Jillian Reid, Seconded: Ruth Hardy.

ACTION FOR COMMITTEE: Nil.

SUS.03.3 10 Year Waste Strategy PURPOSE

To update the Sustainability Advisory Committee on the work carried out to date regarding Council’s 10 Year Waste Strategy

The Manager Waste & Sustainability discussed the reasons and methodology behind Council developing a 10 year waste strategy. The next milestone is a review session with the consultants working through their findings and recommendations to date. Further consultation with Council and the Community is to follow. The aim is for the strategy to be adopted by Council in June 2021.

RECOMMENDATION That the Sustainability Advisory Committee note the report.

Moved: Jillian Reid, Seconded: Ruth Hardy.

ACTION FOR COMMITTEE: Nil

6. ACTION SHEET

The Action Sheet was updated following the meeting.

Peter Bennetto raised concerns over Council’s risk exposure. The Manager Waste & Sustainability will refer to the Manager Governance and Risk for consideration.

7. CORRESPONDENCE

Nil.

8. GENERAL BUSINESS

GEN.03.1 ClimateClever app update The app is now available to local businesses. Council being a Partner with ClimateClever extends a 50% discount to subscription fees. Promotional advertising has been via social media and radio.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 131 ATTACHMENT NO: 1 - SUSTAINABILITY ADVISORY COMMITTEE - 11 MARCH 2021 - ITEM NO: C.03.8 MINUTES

GEN.03.2 School educational activities update During the last term of 2020 sustainability programs were offered to local schools. The Eaton Gorge Theatre Company presented to a number of Infants Schools and the Enviromentors presented to a number of Primary Schools.

GEN.03.3 Waste Education Officer appointment Tim Wall was introduced as Council’s Waste Education Officer. Tim has a research background in Food and Garden Organics. Tim’s role is financed via the NSW EPA’s Better Waste and Recycling Fund.

GEN.03.4 Household Chemical CleanOut update A collection event was conducted at the Scone Saleyards on 31 Jan 2021. It was a very successful day with 76 visitors and nearly 8 tonnes of problem household waste collected.

GEN03.5 Sustainability section of Council’s website Plans are afoot to expand content on Council’s website to include information on Sustainability initiatives being undertaken by Council as well as advice on how the community can be involved.

GEN.03.6 Sustainability Action Plan update The Manager Waste & Sustainability discussed the status of the Action Plan. The latest version will be circulated to Committee members.

GEN.03.7 Scone CBD Revitalisation Ruth Hardy asked whether other members had made submissions regarding the Scone CBD Revitalisation Project and a discussion ensued, covering use of native trees, cycling, disabled parking.

GEN.03.8 Mt Pleasant Coal Mine Expansion Ruth Hardy asked whether other members had made submissions regarding the Mt Pleasant Coal Mine Expansion and a discussion ensued. The Director Environmental & Community Services is currently drafting Council’s submission.

GEN.03.9 Hunter Gas Pipeline The Committee moved the following recommendation to Council:

RECOMMENDATION TO COUNCIL:

“That Upper Hunter Shire Council object to the Hunter Gas Pipeline”.

Moved: Cr Sue Abbott Seconded: Jillian Reid.

GEN.03.10 Community Garden Cr Sue Abbott enquired as to the status of the Community Garden. The Director Environmental & Community discussed that negotiations are underway with the State Government (Transport for NSW) regarding use of the land. Ruth Hardy raised concerns over insurance and who will responsible for payment. Mat Pringle mentioned the possibility of grant funding to assist with the project.

9. NEXT MEETING

13 May 5:00pm Scone Administration Building and Zoom.

The meeting was declared closed at 6:15pm.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 132

Report To Ordinary Council Meeting 29 March 2021

Environmental & Community Services

C.03.8 UPPER HUNTER & KIA ORA YOUTH MUSIC COMMITTEE RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental & Community Services AUTHOR: Amanda Catzikiris - Community Services Officer

RECOMMENDATION

That Council adopt the minutes of the Upper Hunter & Kia Ora Youth Music Committee meeting held on 16 February 2021.

BACKGROUND

The Upper Hunter & Kia Ora Youth Music Committee oversees the annual youth music camp. Council is one of the major sponsors of this cultural event. All funds are held within Council’s finances.

REPORT/PROPOSAL

The music camp was cancelled in 2020 due to COVID restrictions. Families were offered a refund or the option to retain funds with Council.

As COVID restrictions have eased, there is an opportunity to host a camp later in the year. Planning will take into consideration current information from the Department of Health and Department of Education. A questionnaire will be sent to all schools to determine their interest in participating in the 2021 camp.

Tentative dates for the camp are in term 3. This will allow more time to manage future changes in COVID restrictions.

ATTACHMENTS

1 Upper Hunter Shire & Kia-Ora Youth Music Committee - 16 February 2021 - Minutes

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 133 ATTACHMENT NO: 1 - UPPER HUNTER SHIRE & KIA-ORA YOUTH MUSIC COMMITTEE - 16 ITEM NO: C.03.9 FEBRUARY 2021 - MINUTES

MINUTES OF THE UPPER HUNTER & KIA-ORA YOUTH MUSIC COMMITTEE MEETING - TUESDAY 16 FEBRUARY 2021 - 4:30pm

PRESENT: Gillian Miles – Community Representative (ZOOM) Dr Ian Cook – Community Representative (ZOOM) Aaron Rothemund – Community Representative (ZOOM) Jason Buckley – Community Representative Elizabeth Hickey – Community Representative (ZOOM)

IN ATTENDANCE: Wayne Phelps – Finance Manager (Chairperson) Amanda Catzikiris – Community Services Officer (minutes)

1. APOLOGIES

RECOMMENDATION That the apologies received from Matthew Holloway be accepted.

Moved: Jason Buckley Seconded: Aaron Rothemund CARRIED

2. DISCLOSURE OF INTEREST

Nil

3. PREVIOUS MINUTES

RECOMMENDATION That the minutes of the Upper Hunter & Kia-Ora Youth Music Committee Meeting held on 27 October 2020, as circulated, be taken as read and confirmed as a correct record.

Moved: Jason Buckley Seconded: Dr Ian Cook CARRIED

4. BUSINESS ARISING FROM PREVIOUS MINUTES

I. Sponsorship Major sponsors for the music camp are Kia Ora, Paradice Family and Upper Hunter Shire Council. Newgate has indicated that they are no longer able to sponsor the camp. It will be necessary to discuss additional sponsorship opportunities.

5. AGENDA ITEMS

I. Planning for 2021 camp Information from the Regional Arts Coordinator has indicated that significant restrictions are still in place, particularly in regards to choir activities. In schools there are different rules as determined by Principals, including no mixed year group activities. Ensembles have started again with social distancing.

Camp options to investigate;  Tutors providing in-school workshops for the elective sections eg. junk percussion and dance  Use video / ZOOM options for tutors  Provide instrumental workshops that prepare students for their video AMEB exams eg. piano, woodwind, strings and brass  Hold the instrumental workshops over a number of weekends  Host session that combine a small number of schools  Provide the advanced vocal section but no other choir activities  Provide masterclasses for instrumental section

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 134 ATTACHMENT NO: 1 - UPPER HUNTER SHIRE & KIA-ORA YOUTH MUSIC COMMITTEE - 16 ITEM NO: C.03.9 FEBRUARY 2021 - MINUTES

The Committee determined that an expression of interest survey be sent to all schools to assess their interest in camp activities in 2021. We will endeavour to deliver camp activities to any schools that express interest pending the budget.

6. ACTION SHEET

 Contact tutors regarding availability and interest – Aaron Rothemund  Develop a survey to send to school principals to gain feedback on suitable camp options – Amanda Catzikiris

7. CORRESPONDENCE

Nil

8. GENERAL BUSINESS

Nil

9. NEXT MEETING

23 March 2021

The meeting was declared closed at 5.15pm.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 135

Report To Ordinary Council Meeting 29 March 2021

General Manager's Unit

GENERAL ADMINISTRATION REPORTS

G.03.1 REQUESTS FOR DONATIONS RESPONSIBLE OFFICER: Greg McDonald - General Manager AUTHOR: Karen Lee - Governance & Executive Support Officer

PURPOSE

The purpose of this report is for Council to consider providing financial assistance to local community groups requesting donations.

RECOMMENDATION

That Council approve donations of: 1. $960 to the Scone Horse Festival Committee to waive fees associated with the hire of the Scone Golf Course. 2. $200 to the Rotary Club of Merriwa Inc for the hire of the Merriwa School of Arts Hall.

BACKGROUND

Council has received requests for financial support from: 1. Scone Horse Festival to waive fees at the Scone Golf Course for 64 players to play golf in the SHF Triple Header. 2. Rotary Club of Merriwa Inc to waive fees associated with the hire of the Merriwa School of Arts Hall for their Seniors Luncheon.

REPORT/PROPOSAL

1. Scone Horse Festival Committee (SHFC) are organising a fundraiser on Thursday, 13 May 2021 at the Scone Golf Course. The SHFC Triple Header has 64 players attending which will be a 9 hole tournament. This is one of the Scone Horse Festival’s major fundraising event and in previous years has raised in excess of $5,000. The main cost of the event is golf fees, so it would be appreciated if Council could donate the cost of the fees so that the committee could raise funds needed to better develop and promote the Scone Horse Festival for years to come. Due to COVID, the Scone Horse Festival was cancelled in 2020, which meant that the usual donation from Council was transferred to 2021. Council will not need to provide the annual financial contribution this year.

2. The Rotary Club of Merriwa Inc has organised a Seniors luncheon at the Merriwa School of Arts Hall on 7 April 2021, as part of the NSW Seniors Festival. It is hoped that Council will waive the fees associated with the hire of the Merriwa School of Arts Hall so that the lunch can remain a free event. This is a luncheon to thank the seniors of the Merriwa community and surrounds.

OPTIONS

1. Provide a donation 2. Provide an alternative donation amount 3. Not provide a donation

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General Manager's Unit

CONSULTATION

 Director Corporate Services  Manager Finance

STRATEGIC LINKS a. Community Strategic Plan 2027

This report links to the Community Strategic Plan 2027 as follows:

Goal 2 - Promote wellbeing and a connected, healthy and happy Community. CS3 Advocate for, support and provide services and facilities for young people, children, families and people with a disability. CS9 Value our heritage and cultural diversity, celebrating together and fostering creativity.

We are working to achieve the following Community Priorities:

b. Delivery Program  Supporting children, young people, individuals and families so they can enhance their independence, inclusion, safety, self-esteem and or quality of life within the community. c. Other Plans

Nil

IMPLICATIONS a. Policy and Procedural Implications

The request falls within Council’s Donations Policy. b. Financial Implications

Council has set aside $31,000 in the annual budget for the 2020/21 financial year for granting donations, with $16,057 remaining before these proposed donations for the 2020/2021 financial year. c. Legislative Implications

Nil d. Risk Implications

Nil

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 137

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General Manager's Unit e. Other Implications

Nil

CONCLUSION

That Council provide financial assistance as requested.

ATTACHMENTS

1 Scone Horse Festival - Request for Donation 2 Rotary Club of Merriwa Inc - Request for Donation

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 138 ATTACHMENT NO: 1 - SCONE HORSE FESTIVAL - REQUEST FOR DONATION ITEM NO: G.03.1

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 139 ATTACHMENT NO: 2 - ROTARY CLUB OF MERRIWA INC - REQUEST FOR DONATION ITEM NO: G.03.1

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 140

Report To Ordinary Council Meeting 29 March 2021

Environmental & Community Services

G.03.2 PROPOSED COMMUNITY NURSERY - MERRIWA RESPONSIBLE OFFICER: Greg McDonald - General Manager AUTHOR: Mathew Pringle - Director Environmental & Community Services

PURPOSE

The purpose of this report is to consider a request from Merriwa Landcare for the establishment of a community nursery at Lots 232 and 233 DP 750942, 1 Brisbane Street, Merriwa. The community nursery will be used to support the ‘Greenthumbs’ partnership project which is affiliated with Merriwa Landcare with assistance provided by Council, Upper Hunter Landcare, Department of Primary Industries and Hunter Local Land Services.

RECOMMENDATION

That Council: 1. support in principle the establishment of a community nursery at Lots 232 and 233 DP 750942, 1 Brisbane Street, Merriwa. 2. prepare a Plan of Management for the site in accordance with the Local Government Act 1993. 3. request Merriwa Landcare to provide further details of the proposed community nursery including a conceptual site plan, nursery management plan and estimate of costs and funding sources. 4. receive a further report once the plan of management has been prepared and the requested information is received from the proponent prior to the commencement of community consultation.

BACKGROUND

Council has not considered this matter previously.

REPORT/PROPOSAL

In March 2020 a community group called Helping Hands started in Merriwa to assist isolated, elderly residents and those with health concerns during COVID-19 isolation.

A register was established where people could either become a volunteer or receive assistance. Take up of the register was extremely slow. Most residents were reluctant to accept help, preferring instead to offer to be a volunteer or suggest others who may need assistance.

A community gardening project was started whereby seniors could grow seedlings in the comfort of their own backyards or verandahs, the plants sold with proceeds going back into the community or into growing more trees.

A startup committee was formed with garden enthusiasts from the Helping Hands register – and ‘Merriwa Greenthumbs’ was established.

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Environmental & Community Services

The committee decided to focus on natives as they are more drought tolerant and water wise, to improve Koala and other native fauna habitats, to assist with rejuvenation of local Box Grassy Woodlands and native regeneration projects after the Sir Ivan and Meads Creek bushfires.

The group are mindful not to sell plants in competition with local suppliers (who mostly focus on non-native varieties.)

The target market is to sell seedlings specifically for regeneration and Landcare projects (drought, bushfires), farmers (fodder trees, shelter belts), Council (street trees, landscaping) and to the general public.

Initial funding of $3000 was obtained with the assistance of Department of Primary Industries and Hunter Local Lands Services to purchase potting mix, reference books, trays and tubestock pots.

Upper Hunter Landcare supplied the seeds and expertise. Merriwa Landcare provided a workshop venue and insurance cover. Several local professional horticulturalists assisted with expertise and support.

As the project nears its first full cycle – from seeds, to seedlings, to sale - it has uncovered many social and environmental benefits with economic returns anticipated in the future.

To date, 62 people have attended the workshops from Cassilis and Merriwa with a further 12 ‘satellite’ growers who were unable to attend workshops but are still very much part of the project.

Some of the growers are very isolated living on farms kilometres from town, some with limited access to transport. Others are recently bereaved and struggling with socialising. Some are new to Merriwa and have until now, found it challenging to make friends. Several are from other countries with limited English, but the language of plants is proving no barrier to forging future friendships. The project has allowed people to take part and contribute in a way they feel comfortable.

To date the growers have successfully potted up over 800 seedlings that will be ready for sale in April, retailing for between $2 and $4 a plant. The income generated will go back into purchasing more pots, trays and potting mix ready for the next round of seedling planting in August 2021.

The group would now like to expand production and establish a base for members with a dedicated greenhouse. This would enable growers to be able to come together more often if they chose to, raise seedlings in a controlled environment and have a ‘depot’ where growers could drop off their seedlings to be looked after if they are away, unwell or unable to continue looking after their seedlings from home.

Council has received a letter from Merriwa Landcare requesting Council’s support to establish a community nursery on Council land at Lots 232 and 233 DP 750942, 1 Brisbane Street, Merriwa.

The community nursery will be used to support the ‘Greenthumbs’ partnership project which is affiliated with Merriwa Landcare with assistance provided by Council, Upper Hunter Landcare, Department of Primary Industries and Hunter Local Land Services.

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Environmental & Community Services

A copy of the letter from Merriwa Landcare is provided in Attachment 1.

The site at 1 Brisbane Street, Merriwa is considered to be a suitable location to establish a community nursery to service the growers involved in the Greenthumbs project. The site was formerly a depot for the Soil Conservation Service and was acquired by Council in 2007 for community purposes.

A locality plan and aerial photo of the site are provided in Attachments 2 and 3 respectively.

The site has easy vehicle access, is fenced (although needs some minor repairs), is connected to town water, has a concrete pad ideal for the base of the greenhouse and contains an existing shed, that with some repairs would make an ideal storage room. The site is also within easy walking or driving distance to the public amenities.

The land is zoned RE1 Public Recreation under the Upper Hunter LEP 2013 and the use of the land as a community nursery would be ancillary to the existing use of the land as a recreation area (which is permitted with consent within the RE1 zone). Development consent may be required for any proposed structures that are not exempt development under State Environmental Planning Policy (Infrastructure) 2007 or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

The land is classified as Community Land and the proposed use is consistent with the land’s classification. However, a Plan of Management must be prepared for the site which prescribes the proposed use in accordance with the Local Government Act 1993.

Prior to Council approving the use of the site for the purpose a community nursery, the Plan of Management must be adopted by Council and the proposal should be placed on public exhibition for at least 28 days to seek community feedback.

If the proposal is approved by Council following public exhibition, Merriwa Landcare will be required to enter into a licence agreement with Council for the establishment and ongoing management of the community nursery.

OPTIONS

1. Support in principle the establishment of a community nursery at Lots 232 and 233 DP 750942, 1 Brisbane Street, Merriwa. 2. Not support the establishment of a community nursery at Lots 232 and 233 DP 750942, 1 Brisbane Street, Merriwa.

CONSULTATION

 Director Corporate Services  Property and Business Coordinator

STRATEGIC LINKS a. Community Strategic Plan 2027

This report links to the Community Strategic Plan 2027 as follows: COMMUNITY LIFE Goal 1 - A supported Community CS4 Facilitate partnerships which create and support a safe, inclusive and caring Community.

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 143

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Environmental & Community Services

BUILT & NATURAL ENVIRONMENT Goal 3 – Protect the natural environment CS10 Advocate for, facilitate and support programs that protect and sustain our diverse environment for our future generations. CS11 Encourage and support active Community participation within our Community to care for our environment and provide for a sustainable future.

We are working to achieve the following Community Priorities:

b. Delivery Program  Facilitate and support programs that protect and sustain our environment.  Support and encourage Community participation in the protection of the environment. c. Other Plans

NIL.

IMPLICATIONS a. Policy and Procedural Implications

NIL. b. Financial Implications

The cost of establishing the community nursery would be funded from external sources including grants obtained through Local Land Services and Landcare.

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Environmental & Community Services c. Legislative Implications

The proposed use of the site is consistent with the land’s classification as Community Land. However, a Plan of Management must be prepared for the site which prescribes the proposed use in accordance with the Local Government Act 1993. d. Risk Implications

The risk implications of proceeding with the project are considered to be minimal. Any licence agreement for use of the site will include a condition requiring the licensee to maintain appropriate insurances. e. Sustainability Implications

The proposal is consistent with the principles of sustainability and has a range of community and environmental benefits. f. Other Implications

NIL.

CONCLUSION

The proposed community nursery at Lots 232 and 233 DP 750942, 1 Brisbane Street, Merriwa will have a range of community and environmental benefits and is consistent with that land’s classification and zoning. The proposal will result in the restoration of an existing vacant parcel of land that is currently not providing any community benefit.

ATTACHMENTS

1 Letter from Merriwa Landcare 2 Locality Plan 3 Aerial photo of site

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 145 ATTACHMENT NO: 1 - LETTER FROM MERRIWA LANDCARE ITEM NO: G.03.2

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 146 ATTACHMENT NO: 2 - LOCALITY PLAN ITEM NO: G.03.2

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 147 ATTACHMENT NO: 3 - AERIAL PHOTO OF SITE ITEM NO: G.03.2

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 148

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Corporate Services

G.03.3 SCONE RV PARKING SITE RESPONSIBLE OFFICER: Kristian Enevoldson - Director Corporate Services AUTHOR: David Gatwood - Manager Business Services

PURPOSE

The purpose of this report is to seek Council’s endorsement of the advice received from Local Government Legal in relation to reclassifying a parcel of land situated in the Bill Rose Sporting Complex into a public road and permitting overnight Recreational Vehicle (RV) parking.

RECOMMENDATION

That Council: 1. approve the reclassification of Lot 15 DP 1187246, part of Lot 11 DP 1228077 and Lot 1 DP 1118494 to a public road for the purposes of a roadside rest area for overnight RV Parking and public road access to Kingdon Street. 2. publish a notice by Gazette, that the above land be dedicated as a public road as per Section 10 of the Roads Act.

BACKGROUND

At the September 2020 Council meeting the following was resolved:

1. endorse in principle the redevelopment of DP 1187246 & part of DP1228077 situated in the Bill Rose Sporting complex into an RV parking area; 2. investigate options in relation to the classification and possible subdivision of the above land in order to best expedite its usage as an RV parking area; and, 3. provide a further report to Council detailing land classification options, design options and costings.

The town of Scone has traditionally been viewed as an overnight stay destination for campervan and motorhome travellers touring up and down the New England Highway.

The number of registered RVs in Australia has reached over 700,000 vehicles with a tourism market estimated to be worth $2.5 billion annually across Australia.

In February 2017 Scone was awarded ‘RV Friendly’ status with the Campervan and Motorhome Club of Australia (CMCA) via the installation of potable water and a dump point on the corner of Aberdeen and Kingdon Streets, Scone.

The existing ‘Free Overnight Parking’ area situated on Crown Land at the rear of the Scone Sporties Club is not categorised for this purpose. The small parcel of land has been voluntarily maintained by the adjoining neighbour and is now closed off to visiting motorists.

Consistent feedback from travellers through Scone is the request for a dedicated RV parking area as an alternative to the two existing caravan parks in Scone, with basic facilities for self- sufficient vehicles and in walking distance to amenities.

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Report To Ordinary Council Meeting 29 March 2021

Corporate Services

REPORT/PROPOSAL

With the opening of the Scone Bypass and recent relaxing of travel restrictions, there has been a noticeable increase in RVs and caravans driving in and around the township of Scone. In an increasingly competitive tourism market ‘grey nomads’ have a certain expectation of RV parking facilities when deciding on staying overnight and beyond.

Specific feedback received from local community members who are seasoned travellers is that Scone is not taking advantage of the increasing number of ‘grey nomads’ and young families looking for towns that provide safe and comfortable facilities for overnight stays and in close proximity to shopping, dining and fuel.

The preferred location for the RV Park is at the western end of the Bill Rose Sporting Complex. Approximate size of the land is 1.4 hectares and is in good proximity to restaurants, cafes, clubs and pubs. The parcel of land is currently classified as community land and categorised as a sportsground.

Local Government Legal were engaged to look at the most lawful and expedient option(s) available for the reclassification of this parcel of land to allow overnight RV parking.

The detailed advice from Local Government Legal noted that Bill Rose Sporting Complex is classified as community land and is required to be used and managed in accordance with:

a) Plan of Management adopted by council on 26 September 2005 b) Any law permitting the use of the land for a specified purpose c) Chapter 6, Part 2 of the LG Act

The core objectives for management of community land categorised as a sportsground are to:

a) encourage, promote and facilitate recreational pursuits in the community involving organized and informal sporting activities and games, and b) to ensure that such activities are managed having regard to any adverse impact on nearby residences

Legal opinion was that the Proposed Use of RV Parking would not meet the above core objectives.

It was also noted the land is currently zoned as RE1 Public Recreation under UHLEP and the development of a Road within the meaning of the roads Act 1993 upon the land is permitted without consent.

Their advice is provided under separate cover and refers to Sections 8 and 10 of the Roads Act 1993 and recommends that these provisions in the Roads Act allow for RV parking on road reserves and that this would be the most expeditious means of getting an approved RV parking area established. This would require gazettal of Lot 15 DP 1187246, part of Lot 11 DP 1228077 and Lot 1 DP 1118494 as a public road.

Accordingly, Council will need to publish in the Gazette a notice dedicating the part of the land intended to be used for the Proposed Use (roadside rest area) as a public road and should include Lot 15 DP 1187246, part of Lot 11 DP 1228077 and Lot 1 DP 1118494 to formalize public road access to Kingdon Street.

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OPTIONS

1. endorse the advice provided by Local Government Legal with regard to publishing a Gazette notice dedicating the part of the land intended to be used for the Proposed Use as a public road for the purpose of a roadside rest area. 2. reject the advice and further investigate other site options.

IMPLICATIONS a. Financial Implications

It is difficult to quantify the lost opportunity in attracting the RV community to stay multiple nights and hence adding to the Scone & Upper Hunter economy. There will be cost associated with remediating the preferred site which needs to be sized. b. Other Implications

It is important that the Proposed Use is as a roadside rest area, and not a caravan park or camping ground that requires development consent under section 4.2 of the EP Act and an approval pursuant to section 68 of the LG Act.

In a post COVID-19 environment more holiday makers will be looking to travel domestically and intrastate which presents a great opportunity for Scone to capture more of the growing RV market.

CONCLUSION

The creation of a roadside rest area within the Bill Rose Sporting Complex will provide RV travelers with an opportunity to stay up to 2 nights in Scone and contribute to the visitor economy.

Previous correspondence received has also indicated there is a population of ageing RV enthusiasts who ‘test drive’ towns for their retirement plans before deciding on where they will ultimately retire.

ATTACHMENTS

1 RV Park - Proposed Site 2 Bill Rose - Site Overview 3 Entrance to Bill Rose Sports Complex 4 Letter of Advice from Local Government Legal Excluded

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 151 ATTACHMENT NO: 1 - RV PARK - PROPOSED SITE ITEM NO: G.03.3

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 152 ATTACHMENT NO: 2 - BILL ROSE - SITE OVERVIEW ITEM NO: G.03.3

Upper Hunter Shire Council – Ordinary Meeting Agenda – 29 March 2021 Page 153 ATTACHMENT NO: 3 - ENTRANCE TO BILL ROSE SPORTS COMPLEX ITEM NO: G.03.3

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G.03.4 SCONE CBD REVITALISATION COMMITTEE - VACANT POSITION RESPONSIBLE OFFICER: Alan Fletcher - Special Projects Manager AUTHOR: Tracey Warner - Projects Officer

PURPOSE

The purpose of this report is to select a new member of the Scone CBD Revitalisation Committee following the resignation of one member.

RECOMMENDATION

That Council appoint a new member to the Scone CBD Revitalisation Committee from the nominations received.

BACKGROUND

The Scone CBD Revitalisation Committee was established in February 2017. The Committee’s purpose and objective is to provide advice and recommendations to Council on the implementation of the master plan to upgrade Scone CBD and surrounds, as adopted by Council on 27 June 2016.

REPORT/PROPOSAL

The Charter states the Committee is to be made up of one Councillor, nine community representatives appointed by Council following expressions of interest, and two representatives from the Scone Chamber of Commerce.

On 21 January 2021 Jeny Dawson resigned from the Committee, creating a vacancy.

In November 2020, Council called for nominations to fill a vacancy. Council received four nominations and selected Keith Thompson from those nominations. Council has not advertised for new nominations however has received one new nomination in February 2021. Previous nominees (from November 2020) were contacted and confirmed that they are still interested in having their applications considered to join the Committee.

Four nominations were received for consideration for the current vacancy on the Committee.

OPTIONS

1. To approve the recommendation 2. To amend the recommendation

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CONCLUSION

The Scone CBD Revitalisation Committee needs to appoint a new member in order to replace a vacancy on the Committee.

ATTACHMENTS

1 Scone CBD Revitalisation Committee Nominations Excluded

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POLICY MATTERS

H.03.1 POLICIES FOR REVIEW RESPONSIBLE OFFICER: Kristian Enevoldson - Director Corporate Services AUTHOR: Amber Moloney - Manager Governance & Risk

PURPOSE

To review the draft policies provided and make amendments if required.

RECOMMENDATION

That Council adopt the following policies: 1. Community Relations – External Communications Policy 2. Internal Reporting & Public Interest Disclosures policy 3. Sustainability Policy 4. Environment Policy 5. Quality Policy

BACKGROUND

Council is required to maintain a set of policies that are current and meet the requirements for Council to operate under. Council must review all policies within 12 months of a new Council being formed, but also need to review and update policies as necessary to keep their content up to date.

REPORT/PROPOSAL

The following policies have been amended and are provided with tracked changes to Council for consideration and adoption:

1. Community Relations – External Communications Policy 2. Internal Reporting & Public Interest Disclosures policy

The following policies are new policies for Council’s consideration and adoption:

3. Sustainability Policy 4. Environment Policy 5. Quality Policy

OPTIONS

Council may adopt or amend the policies as it sees fit.

CONSULTATION

 Senior Management Group  Manager Water & Sewer  Manager Finance

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STRATEGIC LINKS a. Community Strategic Plan 2027

This report links to the Community Strategic Plan 2027 as follows:

LEADERSHIP Goal 8 Provide Community leadership

CS30 Effectively and efficiently manage the business of Council, while encouraging an open and participatory Council with an emphasis on transparency, Community engagement, action and response.

We are working to achieve the following Community Priorities:

b. Delivery Program

 By effectively and efficiently managing the business of the Council within its Charter. c. Other Plans

Nil

IMPLICATIONS a. Policy and Procedural Implications

Policies are due for ratification by Council. b. Financial Implications

Nil c. Legislative Implications

Nil d. Risk Implications

Ensuring policies are up to date reduces Council’s risk. e. Sustainability Implications

N/A f. Other Implications

Nil

CONCLUSION

Council is required to review and update polices as necessary to keep their content up to date. There are five policies for Council’s consideration this month.

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ATTACHMENTS

1 Policy - Community relations - External Communications 2 Policy - Internal Reporting & Public Interest Disclosures 3 Policy - Sustainability 4 Policy - Environment 5 Policy - Quality

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POLICY Sustainability

Date adopted by Council

Minute number <#>

Endorsed by Senior Management Group

CM Ref CD-43/21

Due for review September 2023

Related documents Sustainability Action Plan

Responsible officer Manager Waste & Sustainability

Department/Section Environmental and Community Services

Category Corporate

Community Goal 4 – Plan for a sustainable future Strategic Plan goal CS15 Plan, facilitate and provide for a changing population for current and future generations.

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Policy Statement

Council is committed to the principles of sustainability. Objective

The Council aims to carrying out its activities in such a manner as to meet the needs of the current generation without compromising the ability of future generations to meet their needs. Scope

The scope of this policy includes all persons conducting or undertaking business of behalf of Council. Definitions

N/A

Policy Details

Upper Hunter Shire Council commits to engaging in and supporting sustainable practices for the Council and the Shire. Social Sustainability Council will contribute to building a resilient, adaptable, respectful and equitable community. Economic Sustainability Council will generate long-term economic growth through encouraging sustainable development within the Shire and carrying out its own operations in a sustainable manner. Environmental Sustainability Council will consider the environmental impacts of its activities and will improve its environmental footprint, as well as supporting the community to do the same.

Responsibilities Councillors Councillors will consider sustainability implications whilst discharging their responsibilities. Sustainability Advisory Committee The Sustainability Advisory Committee will assist with the ongoing development and monitoring of the Sustainability Action Plan.

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All Directors All Directors will support the development and implementation of sustainable practices. All Staff All staff will carry out their functions in accordance with applicable procedures and instructions.

References and Related Legislation

 NSW Local Government Act 1993 No. 30LGA 1993 Chapter 3 Principles of Local Government, Sections 8 (A,B&C)

Version History

Version No. Date Reason for Review 1 New Policy

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Infrastructure Services

INFRASTRUCTURE REPORTS

I.03.1 CHANGE IN WATER RESTRICTIONS RESPONSIBLE OFFICER: Greg McDonald - General Manager AUTHOR: Phillip Hood - Acting Director Infrastructure Services

PURPOSE

The purpose of this report is to request that Council reduce water restriction measures across the Shire.

RECOMMENDATION

That Council: 1. reduce water restrictions in Scone, Aberdeen and Murrurundi from Level 2 to Level 1, effective from Monday, 3 May 2021; and, 2. endorse the future implementation of ‘Permanent’ water conservation measures (nominally similar to current Level 1 restrictions) when the new Drought Management and Emergency Response Plan is completed.

BACKGROUND

Council implemented ‘Water Wise Rules’ across the Shire in October 2018 with the aim of reducing water use and increasing public awareness in regards to water consumption practices. At the same time, Council invested in additional water saving digital resources via ‘Smart Water Mark’, which have been routinely featured on the Council’s website and Facebook page.

Council moved to Level 1 water restrictions on 1 July 2019 for the Shire, with Murrurundi remaining on Level 6.

Level 2 water restrictions were implemented for Scone and Aberdeen on 1 March 2020, with Murrurundi moving to Level 2 on 29 May 2020 with the opening of the Scone to Murrurundi pipeline. Merriwa and Cassilis remained on Level 1. These restrictions are still currently in place.

Over the course of the last few years, Singleton Council and Muswellbrook Shire Council have moved with Upper Hunter Shire in regards to water restrictions and restriction changes. Currently Muswellbrook Shire and Singleton are on Level 2 restrictions.

REPORT/PROPOSAL

Conditions across the Shire and NSW have dramatically improved in the last 9 months, being wetter and cooler than previous years. Glenbawn Dam is currently 51.1% (17 March 2021) and rising. As winter approaches, it is likely that this will continue to rise ahead of the 2021/22 water year.

There has been a corresponding decrease in consumption, with a combined 30% drop across all supply systems compared to this time last year. Only Murrurundi saw an increase in consumption, which is modest considering February last year Murrurundi was on Level 6 Water Restrictions.

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According to the current Drought Management and Emergency Response Plan (DMERP) water restrictions should no longer be in place for any of UHSC’s supply systems. However, the recent drought has highlighted some inadequacies of the existing Plan, including the lack of ‘permanent’ water restrictions or best practice water use guidelines, i.e. ‘Water Wise Rules’.

For this reason, Singleton Council, Muswellbrook Shire Council and Upper Hunter Shire Council will soon undertake the development a new DMERP as a joint project, which will address the issues with the current Plan and likely result in a new ‘permanent’ water restriction level – similar to that used in Hunter Water and neighbouring councils such as Tamworth Regional Council and Council.

In the meantime, it is proposed to only reduce restrictions to Level 1 across the Shire as these can be considered similar in function and impact to the ‘permanent’ conservation measures that are used by other Councils. Level 1 Water Restrictions would remain in place until the completion of the new DMERP or by future resolution of Council.

UHSC has liaised with Singleton Council and Muswellbrook Shire Council, and both will be proposing similar recommendations to their next council meetings to reduce restrictions to Level 1. The nominated date for reduction to Level 1 water restrictions is Monday, 3 May for all three councils.

OPTIONS

1. Adopt the recommendations of the report. 2. Keep Level 2 Water Restrictions in place for Scone, Aberdeen and Murrurundi. 3. Remove all Water Restrictions (i.e. return to normal operation under the existing DMERP).

CONSULTATION

 General Manager  Director Infrastructure Services  Manager Water and Sewer  General Manager Singleton Council  General Manager Muswellbrook Shire Council

STRATEGIC LINKS a. Community Strategic Plan 2027

This report links to the Community Strategic Plan 2027 as follows:

BUILT & NATURAL ENVIRONMENT Goal 4 Plan for a sustainable future CS14 Provide efficient and effective advisory, assessment and regulatory services focused on being Customer ‘friendly’, responsive.

ECONOMY & INFRASTRUCTURE Goal 6 Increase, enhance and maintain civil infrastructure, Community assets and open spaces to meet the needs of current and future generations. CS26 Provide safe and reliable water and sewerage services to meet the demands of current and future generations.

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LEADERSHIP Goal 8 Provide Community leadership CS37 Ensure Long-term financial sustainability through short, medium and long term financial planning. Goal 9 Advocate for the Community CS41 To participate and encourage regional coordination and planning between Councils and other generations. CS42 Provide timely and effective advocacy and leadership on key community issues and priorities.

We are working to achieve the following Community Priorities:

b. Delivery Program

The report addresses the following objectives as described in the 2020/21 DPOP:

Water Supplies  By providing an adequate and secure potable water supply to recognised standards in defined areas on a cost effective basis. c. Other Plans

 Integrated Water Cycled Management Plan  Drought Management and Emergency Response Plan

IMPLICATIONS a. Policy and Procedural Implications

Continuation of Level 1 water restrictions now is operating outside of the current Drought Management and Emergency Response Plan. There should be restraint in regards to making decisions outside of the adopted Plans without significant cause, otherwise there is a risk that Council’s strategic documents may begin to be undermined. b. Financial Implications

Should Level 1 restrictions prove effective, there will be less revenue from water charges than may otherwise be received.

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Under Part 6, Division 1, Clause 137 of the Local Government (General) Regulation 2005, Council is empowered to restrict water supply (by public notice published in a newspaper circulating within the Council’s area). d. Risk Implications

NIL e. Sustainability Implications

Continuation of minimum level of water restrictions is specifically intended to maintain the sustainability of our water supply sources. f. Other Implications

Some residents will be impacted more than others, depending on their specific situations and water use habits. However, Level 1 restrictions should not be excessively onerous to most residents and businesses.

CONCLUSION

This report recommends that Council reduce water restrictions from Level 2 to Level 1 for Scone, Aberdeen and Murrurundi on 3 May 2021, which is in step with Muswellbrook Shire Council and Singleton Council. No change for Merriwa and Cassilis at this stage.

However, to continue to effectively promote ‘water wise’ practices across the whole Shire, it is recommended that Level 1 water restrictions remain in place for now, until this is addressed with a new DMERP to be developed jointly with Muswellbrook Shire and Singleton Councils.

ATTACHMENTS

1 UHSC Water Consumption Comparison Year to Date -Feb 2021

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General Manager's Unit

QUESTIONS WITH NOTICE

QWN.03.1 QUESTIONS WITH NOTICE RESPONSIBLE OFFICER: Greg McDonald - General Manager AUTHOR: Robyn Cox - Executive Assistant

RECOMMENDATION

For notation only.

BACKGROUND

The following question with notice has been received. A response is provided below.

Cr James Burns

1. What is the status of the rebuild of Liverpool Lodge in Murrurundi?

Response: The builder’s program has practical completion 8 July 2021.

The program was issued on 15 March 2021 and we have had rain since that date. The Project Manager has spoken with the builder and he will be requesting an extension of time for wet weather. It is estimated that practical completion will be late July 2021.

The following questions were provided before the December Council meeting however were not included in the agenda. Responses are provided below:

Cr Lee Watts

1. Can I please have an update on the removal of the scaffolding in front of the civic theatre?

Response: Council staff have contacted the builder for an update and are awaiting a response. Councillors will be provided with further information as soon as a response is received.

2. Can Council please contact the owners of the Vogue cafe and ask for a tidy up of the building inside and out?

Response: Council does not have the power to require an owner to ‘tidy up’ a premises unless there is a risk to public health or safety. We are not aware of any health or safety issues.

3. With all the funding that has been available can you tell me how many applications have been submitted for the Scone indoor pool at Guernsey St, if none is it because the project is not shovel ready? If this is the case can Council please revisit the plans and begin the process to get it shovel ready?

Response: There have been no grant applications for an indoor pool at Guernsey Street in the last few years – the last application was submitted in 2018 on behalf of Hammond Care for an indoor pool located on Gundy Road. Development of a Business Case for an indoor pool facility in Scone will be discussed with the new GM and this process can be progressed in 2021/22 – this would need to be incorporated as an action on the next Operational Plan.

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4. Can I have update on the playground shade covers, how many still need covers across the shire and what is the timeframe for this to occur?

Response: Of the 23 playgrounds within the Shire, 10 do not have shade covers. There is no specific timeframe to address the remaining parks. These are considered case-by-case with each round of applicable funding, often as part of playground equipment upgrades.

5. Has the bike paths reached the stage where they are all joined reaching all essential services in Scone township?

Response: All essential services in Scone township are not yet joined by bike paths. There is an adopted Bike Connectivity Plan for Scone that is being used to guide bike path extensions over time.

Cr Sue Abbott

2. In light of the fraught issue of the proposed sale of the doctors' houses, (since resolved) can I please have a report on the Crown lands in our shire that have become our responsibility with respect to management and native title?

Response: This was reported to the 27th July Council meeting (Item C.07.02 – Upper Hunter Land Committee), with a listing provided.

3. Why did council not use hot mix for the Scone Airport runway works? Is council at risk of litigation if the loose gravel, now part of the runway surface, damages aeroplane propellers and engines?

Response: The budget did not allow for hot mix treatment. FOD (foreign object debris) such as loose gravel will be managed as part of the airport maintenance program. The pavement treatment was endorsed by and airport paving specialist and is common to many regional airports.

4. With respect to the rental space at Scone aero-club, is it a safe space for council employees? Is there an approved fire escape from the upstairs offices? Are there theatre doors to get out of the aero-club hangar in an emergency? Is fuel stored in the aero-club hangar?

Response: To Council’s knowledge the building complies with all safety requirements, as required under their DA.

5. What provisions have been made for ECAM to continue with 'hot test runs' for their purposes of maintenance on aircraft engines? When will the berm or alternative acoustic measure be reinstalled? Does council have a plan that has considered ECAM's requirements?

Response: ECAM has been able to continue with hot testing during the project. The project manager has worked very closely with ECAM in this regard. We have also engaged a specialist to come up with a solution for a permanent testing facility.

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General Manager's Unit

6. Could I please have a report detailing how much money we have spent on consultants' reports?

Response: This will be provided as part of the Finance report at the next Corporate Services Committee.

7. Is it the case that if we never get any grant money we will never do a social housing feasibility study?

Response: A social housing feasibility study will be undertaken once funding becomes available through a grant or when Council allocates the necessary funds.

8. Why did council sell off real estate that could have been utilised for social housing?

Response: Council does not have a strategy for addressing social housing and hence housing is not identified for that purpose.

9. Revisiting the topic of early-life Upper Hunter Shire Council library membership, could council consider a 'Book Bag Programme,' such as Greater Shepparton City Council's, where parents are given a collection of materials by Child and Family Health Nurses, at the child's 4-week, 8-month, 18 month and toddler check-ups, to promote the benefits of reading from a young age?

Response: Council will consider a ‘Book Bag Program’

10. When will answers to my unanswered questions from previous meetings be supplied to me? Does council keep an 'action sheet' and tick them off as they are answered? How does council ensure that all my questions have been answered?

Response: Questions are answered at the next meeting. Unanswered questions will be flagged as “taken on notice” and answered as soon as possible. Once answered they won’t appear on the next agenda. On the rare occasion that questions are missed, it would be appreciated if councillors could make us aware of this prior to the meeting and we can either amend the agenda or add as a late item.

ATTACHMENTS

There are no enclosures for this report

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Report To Confidential Ordinary Council Meeting 29 March 2021

Environmental & Community Services

CONFIDENTIAL REPORTS

CR.03.1 COMMENCEMENT OF LEGAL PROCEEDINGS FOR BREACHES OF DEVELOPMENT CONSENT RESPONSIBLE OFFICER: Mathew Pringle - Director Environmental & Community Services AUTHOR: Paul Smith - Senior Environmental Planner This matter is considered to be confidential under Section 10A(2) (g) of the Local Government Act, as it deals with advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

PURPOSE

The purpose of this report is to consider the commencement of Class 4 proceedings in the NSW Land and Environment Court against the entity referred to in the Business Papers for breaches of the Development Consent referred to in the Business Papers, and the Environmental Planning & Assessment Act 1979.

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Corporate Services

CR.03.2 LEASE OF SHOP 6B CAMPBELL'S CORNER BUILDING RESPONSIBLE OFFICER: Kristian Enevoldson - Director Corporate Services AUTHOR: David Gatwood - Manager Business Services This matter is considered to be confidential under Section 10A(2) (c) of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

PURPOSE

The purpose of this report is to consider a request from the Scone Chamber of Commerce for a 12-month lease of office space in Campbell’s Corner for their newly appointed Business Development Manager.

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Infrastructure Services

CR.03.3 SCONE TO MURRURUNDI PIPELINE - RESERVOIR SITE LAND PURCHASE RESPONSIBLE OFFICER: Phillip Hood - Acting Director Infrastructure Services AUTHOR: Chris Agosto - Project Manager This matter is considered to be confidential under Section 10A(2) (c) of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

PURPOSE

The purpose of this report is for Council to consider the purchase of a part parcel of land required to secure the site of the Warlands Range break tank for the Scone to Murrurundi Pipeline.

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Report To Confidential Ordinary Council Meeting 29 March 2021

Infrastructure Services

CR.03.4 TENDER 26/2021 - 133 KELLY STREET, SCONE - PUBLIC AMENITIES AND BUILDING RESTORATION RESPONSIBLE OFFICER: Phillip Hood - Acting Director Infrastructure Services AUTHOR: Grahame Wilson - Project Manager This matter is considered to be confidential under Section 10A(2) (d) (ii) of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (ii) prejudice the commercial position of the person who supplied it.

PURPOSE

The purpose of this report is to:  outline the process that has been followed to evaluate the Tender Number 26/2021, Public Amenities and Building Refurbishment; and,  make a recommendation to award the Tender.

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Corporate Services

CR.03.5 TENDER T272021HUN - SUPPLY & DELIVERY OF ROAD BASE MATERIALS RESPONSIBLE OFFICER: Kristian Enevoldson - Director Corporate Services AUTHOR: Wayne Phelps - Manager Finance This matter is considered to be confidential under Section 10A(2) (d) (ii) of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (ii) confer a commercial advantage on a competitor of the Council. (Tender )

PURPOSE

Council participated in a Panel Source tender for the Supply & Delivery of Road Base Materials with a number of other Hunter Council participants that was facilitated by Regional Procurement. The tender period will be for a 24 month period from 1 January 2021 to 31 December 2022 with a further twelve (12) month option available based on satisfactory performance of the successful tenderers. The value of acquisitions to the Upper Hunter Shire Council is unknown as it is dependent on infrastructure requirements over the period of the tender.

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Corporate Services

CR.03.6 TENDER T412021HUN - PROVISION OF ROAD SAFETY BARRIERS RESPONSIBLE OFFICER: Kristian Enevoldson - Director Corporate Services AUTHOR: Wayne Phelps - Manager Finance This matter is considered to be confidential under Section 10A(2) (d (ii) of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (ii) confer a commercial advantage on a competitor of the Council. (Tender )

PURPOSE

Council participated in a Panel Source tender for the Provision of Road Safety Barriers with a number of other Hunter Council participants that was facilitated by Regional Procurement. The tender period will be for a 24 month period from 1 April 2021 to 31 March 2023 with a further twelve (12) month option available based on satisfactory performance of the successful tenderers. The value of acquisitions to the Upper Hunter Shire Council is unknown as it is dependent on infrastructure requirements over the period of the tender.

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