**PUBLIC COPY**
ORDINARY MEETING WEDNESDAY 17 JULY 2019
PO BOX 156 MUDGEE NSW 2850
86 Market Street MUDGEE 109 Herbert Street GULGONG 77 Louee Street RYLSTONE
Ph: 1300 765 002 or (02) 6378 2850 Fax: (02) 6378 2815 Email: [email protected]
10 July 2019
Dear Councillor
MEETING NOTICE Ordinary Meeting 17 JULY 2019 Public Forum at 5:30PM Council Meeting commencing at conclusion of Open day
Notice is hereby given that the above meeting of Mid-Western Regional Council will be held in the Council Chambers, 86 Market Street, Mudgee at the time and date indicated above to deal with the business as listed on the Meeting Agenda.
Members of the public may speak at the Public Forum which is held at 5:30PM immediately predeeding the Council Meeting. Speakers are given five minutes to address items that are included in the agenda.
If you wish to register to speak at the Public Forum please contact the General Manager’s Office on 1300 765 002 or 02 6378 2850 by 4.00 pm on the day before the meeting for approval.
Yours faithfully
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 5
AGENDA
Item 1: Apologies...... 7
Item 2: Disclosure of Interest ...... 7
Item 3: Confirmation of Minutes ...... 7
3.1 Minutes of Ordinary Meeting held on 19 June 2019 ...... 7
Item 4: Matters in Progress ...... 8
Item 5: Mayoral Minute ...... 11
5.1 Mayoral Minute: Extraordinary Meetings in July and August ...... 11
5.2 Mayoral Minute:Warbirds Association ...... 21
Item 6: Notices of Motion or Rescission...... 23
6.1 Regional Roads to State Roads in the Mid-Western Region ...... 23
6.2 Solar Farm Planning ...... 24
6.3 'Let's Light Up Football' ...... 25
6.4 Water Saving and Distribution ...... 26
Item 7: Office of the General Manager ...... 30
7.1 2019 Christmas Close Down ...... 30
Item 8: Development ...... 32
8.1 MA022/2019 - Modification Application to DA0152/2015 (Bombira Estate) - 220 Ulan Road, Bombira ...... 32
8.2 MA0049/2019 Modification to 45 Lot Subdivision 17-29 Fairydale Lane MUDGEE ...... 67
8.3 Temporary Suspension of Alcohol Free Zone Market Street Mudgee for Flavours of Mudgee 2019 ...... 85
8.4 Monthly Development Applications Processing and Determined ...... 90
Item 9: Finance ...... 98
9.1 Monthly Statement of Investment and Bank Balances as at 30 June 2019 ...... 98
9.2 Community Grants Program ...... 104
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 6
Item 10: Operations ...... 112
10.1 RFT 2018/27 Wet & Dry Plant Hire Tender ...... 112
10.2 Draft Pressure Sewer System Policy and Fees for Backlog Sewerage Schemes ...... 116
Item 11: Community ...... 124
11.1 Memorandum of Understanding with Mudgee Fine Foods Inc...... 124
11.2 RFT2019/23 Design and Construct Glen Willow Junior Rugby League Amenities Building ...... 128
11.3 2019/20 Insurance Placement ...... 131
11.4 Lions Park Mudgee ...... 133
11.5 Indoor Pool Feasibility Study ...... 139
Item 12: Reports from Committees ...... 143
12.1 Cultural Development Committee ...... 143
12.2 Mid-Western Regional Youth Council ...... 147
12.3 Mid-Western Regional Council Access Committee ...... 165
12.4 Red Hill Committee Meeting 1 May 2019 ...... 178
12.5 Rylstone and Kandos Sports Council Meeting 5 March 2019 ...... 192
Item 13: Urgent Business Without Notice ...... 196
Item 14: Confidential Session ...... 198
14.1 General Manager's Performance Agreement 2019-2020 ...... 202
14.2 Update on LEC Proceedings No.19/152087 - White Rock Road, Pinnacle Swamp ...... 211
Item 15: Urgent Confidential Business Without Notice ...... 227
Item 16: Open Council ...... 227
Item 17: Closure ...... 227
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 7
Item 1: Apologies
Item 2: Disclosure of Interest
In accordance with Section 451 of the Local Government Act 1993, Councillors should declare an interest in any item on this Agenda. If an interest is declared, Councillors should leave the Chambers prior to the commencement of discussion of the item.
Item 3: Confirmation of Minutes
3.1 Minutes of Ordinary Meeting held on 19 June 2019 Council Decision:
That the Minutes of the Ordinary Meeting held on 19 June 2019 be taken as read and confirmed.
The Minutes of the Ordinary Meeting are separately attached.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 8
Item 4: Matters in Progress
RESOLUTION SUBJECT RESOLUTION ACTION NO. & DATE Solar Energy Res. 127/17 That Council: To be reported to Options Ordinary Council at a future Meeting 2. endorse the strategy of installing meeting. 17/05/17 solar panels on appropriate Council buildings to reduce ongoing electricity costs and deliver this strategy for at least one further Council building during the 2017/18 financial year. Update on LEC Res. 390/17 That Council staff review the current To be reported to Matter Ordinary road standards for subdivisions and Council at a future MA0030/2017 Meeting that a report be brought back to meeting. 13/12/17 Council for considerations. RFT 2017/21 Res. 66/18 That Council: To be reported to Glen Willow Ordinary Council at a future Footbridge - Meeting 1. investigate a more economical meeting. Provision of 21/03/18 outcome and bring back a report Handrail when the cost of works are Trusses and known. Piers Glen Willow Res.16/19 That Council: To be reported at a Stage 2 - Ordinary 6. note that should Council be future Council Acceptance of Meeting unsuccessful under the Regional Meeting. Grant Funding 20/02/2019 Growth – Environment and Tourism Fund a further report will be brought back to Council identifying alternate funding sources, and amending the 2017/21 Delivery Program and 2019/20 Operational Plan. Representation Res 55/19 That Council: To be reported at a by Kandos Ordinary future Council Rylstone Men's Meeting 2. decline to purchase, at market Meeting Shed for 20/03/2019 value, the former Gang Shed Council to premises at Kandos as described Acquire the in the plan appended as Former Gang Attachment 2 and instead seek Shed Premises opportunities and representations at Kandos to acquire the premises at no or little cost to the community; and 3. receive a further report detailing the results of the submissions and representations in due course. MA0022/2019 - Res 122/19 That Council: Please refer to Section 4.55 Ordinary report 8.1 of this Modification to Meeting 2. request the General Manager to Agenda DA0152/2015 18/05/2019 go back to the developer and (Bombira renegotiate the green space; and Estate) - 220 3. consider a further report following
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 9
RESOLUTION SUBJECT RESOLUTION ACTION NO. & DATE Ulan Road, the outcome of green space Bombira negotiations with the developer.
LGNSW Res 117/19 That Council: To be reported at a Membership Ordinary future Council Renewal Meeting 1. receive the report by the Director Meeting 2019/20 18/05/2019 Community on the LGNSW Membership Renewal 2019/20; and 2. defer payment membership to LGNSW due to the exorbitant cost of the membership, and 3. invite LGNSW to come and explain to Council the benefits and value of the membership to our Community. Service Res.163/19 That Council: To be reported at a Provider Ordinary future Council Management Meeting 1. receive the report by the Meeting Policy Review 19/06/2019 Chief Financial Officer on the Service Provider Management Policy Review; 2. place the Service Provider Management Policy on public exhibition for 28 days; and 3. request an additional report to Council to consider submissions and adopt the Service Provider Management Policy after public exhibition. Delivery Res 154/19 That Council: To be reported at a Program Ordinary future Council 2017/18 - Meeting 7. endorse the amended Meeting 2020/21 and 19/06/19 Revised Delivery Program 2017/21 Operational and Draft Operational Plan 2019/20 Plan 2019/20 to go on public exhibition for a further period of 28 days commencing Friday 21 June 2019;
8. request a further report be presented following the exhibition period including a review of any submissions made on the Revised Delivery Program 2017/21 and Draft Operational Plan 2019/20;
9. notes that the currently approved Delivery Program 2017/21 provides detailed budgets for four years, which will be used to continue Council activities in early July 2019 until the draft Operational Plan
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 10
RESOLUTION SUBJECT RESOLUTION ACTION NO. & DATE 2019/20 is endorsed by Council; and
10. notes that Council will make the rates and charges following the exhibition period of the Revised Delivery Program 2017/21 and Draft Operational Plan 2019/20.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 5.1 11
Item 5: Mayoral Minute
5.1 Mayoral Minute: Extraordinary Meetings in July and August
MAYORAL MINUTE TO 17 JULY 2019 ORDINARY MEETING GOV400067, A0100035, GOV400022
RECOMMENDATION
That Council approve the scheduling of the extraordinary meetings as follows:
• 24 July 2019; and
• 29 August 2019
Extraordinary Meeting – 24 July 2019 The Mid-Western Regional Council, at its meeting of 19 June 2019, resolved that the amended Revised Delivery Program 2017/21 and Draft Operational Plan 2019/20 to go on public exhibition for a further period of 28 days commencing Friday 21 June 2019.
Council requested a further report be presented following the exhibition period, including a review of any submissions made on the Revised Delivery Program 2017/21 and Draft Operational Plan 2019/20. Council Resolved that it will make the rates and charges following the exhibition period of the Revised Delivery Program 2017/21 and Draft Operational Plan 2019/20 (please see the attachment 1 for the relevant Council Minute).
In order to adopt the Revised Delivery Program 2017/21 and Draft Operational Plan 2019/20 and adopt the rates in a timely manner, Council should hold an extraordinary meeting on 24 July 2019.
Extraordinary Meeting – 29 August 2019 The Annual Engagement Plan (AEP) for the audit of the Mid-Western Regional Council’s financial statements for the 30 June 2019 has an approved engagement timetable, designed to achieve statutory financial reporting requirements.
In the approved engagement plan, Council is timetabled to approve its financial statements for referral to the Audit Office at an extraordinary Council meeting to take place on 29 August 2019. Therefore, an extraordinary meeting should be held on 29 August 2019.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 12 REPORT 5.1
CR DES KENNEDY
MAYOR
8 July 2019
Attachments: 1. Min no 154-19 Council Meeting 19 June 2019 - Item 9.1 Delivery Program 2017-18 - 2020-21 and Operational Plan 2019-20.pdf. 2. AEP 2019 - engagement timetable. (Confidential - separately attached)
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MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 14 REPORT 5.1 – ATTACHMENT 1
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MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 16 REPORT 5.1 – ATTACHMENT 1
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MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 18 REPORT 5.1 – ATTACHMENT 1
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MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 20 REPORT 5.1 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 5.2 21
5.2 Mayoral Minute:Warbirds Association
MAYORAL MINUTE TO 17 JULY 2019 ORDINARY MEETING GOV400067, GOV400022, A0100035
RECOMMENDATION
That Council support the Australian Warbirds Association Ltd (AWAL) request to have landing fees exempt for their event in November to be funded from Events Assistance.
The Australian Warbirds Association Ltd have contacted the Mid-Western Regional Council with respect to holding their 2019 Annual General Meeting in Mudgee. They have requested to have their landing fees to be exempt, up to the value of $2,000.00
CR DES KENNEDY
MAYOR
8 July 2019
Attachments: 1. Warbirds AGM - November 2019.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 22 REPORT 5.2 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 6.1 23
Item 6: Notices of Motion or Rescission
6.1 Regional Roads to State Roads in the Mid-Western Region
NOTICE OF MOTION LISTED BY CR PERCY THOMPSON TO 17 JULY 2019 ORDINARY MEETING GOV400067, A0100035, GOV400022
MOTION
That Council contact the most appropriate person in the State Government to ask that all Regional Roads be converted to State Roads.
Background
This is a follow up on a promise made by The Hon. John Barilaro, Deputy Premier, and Minister for Regional New South Wales.
Officer’s comments
The State government has already announced that they will be transferring 15000km of Council owned regional roads back to the state. No announcement has been made to identify the regional roads that form part of these 15,000km’s and therefor it would be best for Council to wait until these announcements have been made.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 24 REPORT 6.2
6.2 Solar Farm Planning
NOTICE OF MOTION LISTED BY CR PERCY THOMPSON TO 17 JULY 2019 ORDINARY MEETING GOV400067, GOV400022, A0100035
MOTION
That a delegation meet with the appropriate minister to change the legislation regarding solar farm planning.
Background
Not enough thought has gone into the legislation and planning.
Officer’s comments
The Mayor and the General Manager are already making those representations to the Department of Planning. In addition, our local member for Dubbo is also working closely with the Minister for Planning identifying that policy changes need to be made concerning solar arrays.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 6.3 25
6.3 'Let's Light Up Football'
NOTICE OF MOTION LISTED BY CR PERCY THOMPSON TO 17 JULY 2019 ORDINARY MEETING GOV400067, GOV400022, A0100035
MOTION
That Council apply for the ‘Let’s Light Up Football’ fund for Billy Dunn Oval, Gulgong.
Background
Even if the Victoria Park Gulgong lighting is completed, it will not be enough for the community with the huge number of people taking part in sports training in Gulgong
Officer’s comments
The primary purpose of the ‘Let’s Light Up Football’ campaign is to provide Member Associations and clubs with much needed funds to improve floodlighting on football fields across NSW, whether that be new floodlights or updating and improving current floodlighting at local football fields.
The key objectives of the campaign are to: • Improve the quality of light at community football facilities • Improve the experience for players, referees, coaches’ administrators and spectators • Provide additional open space to play more football • Provide an inviting and safe environment to participate in
The level of funding for each project is limited to 20% of the total project cost with a maximum of $20,000.
This grant opportunity relates to floodlighting projects ONLY and includes the following: • New floodlighting (existing pitches with no previous floodlighting) • Upgrades to improve current lighting, including: The provision of new poles • Increasing the lux levels of existing pitches, i.e. new lights/lamps
Council has invested more than $500,000 in installing lights at Victoria Park and it would be prudent for us to see when this project in completed, the impact that has on easing the pressure of training facilities for Gulgong Sporting groups.
This funding only provides a maximum of $20,000. To do any further upgrading at Billy Dunn could cost $400,000-$500,000. Council does not currently have a budget for this upgrade.
We believe this is not an appropriate grant for Council to make an application for.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 26 REPORT 6.4
6.4 Water Saving and Distribution
NOTICE OF MOTION LISTED BY CR JOHN O'NEILL TO 17 JULY 2019 ORDINARY MEETING GOV400067, A0100035, GOV400022
MOTION
That MWRC endorses potential water saving and distribution opportunities as recommended by the Resources Energy Environment Policy Committee of Central Council.
Background
All current levels of government are currently proposing a wide range of infrastructure spends to stimulate the economy; however, I do not believe that one of our major concerns, water security, is adequately being addressed.
I believe that we need to be looking at future water security and supply as proposed by government departments. While the attached proposal may only be one of many submitted we must ensure that we endorse these sort of proposals to keep a long-term water solution in the government spotlight.
Officer’s comments
The Mayor and the General Manager met with Minister Melinda Pavey, Minister for Water, to discuss a long-term solution for the Macquarie Cudgegong Rivers catchment area. In Our meeting with the Minister, the Minister was very receptive to the ideas that we proposed, as it fell in line with Water NSW’s long-term water security water solutions.
Although this proposal is looking at a water solution for Queensland, this Council should continue to Lobby the state Government for water solutions that affect our river catchments.
Attachments: 1. Water. 2. Water 1. 3. Water 2.
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MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 28 REPORT 6.4 – ATTACHMENT 2
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 6.4 – ATTACHMENT 3 29
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 30 REPORT 7.1
Item 7: Office of the General Manager
7.1 2019 Christmas Close Down
REPORT BY THE DIRECTOR COMMUNITY TO 17 JULY 2019 ORDINARY MEETING GOV400066, A0260003
RECOMMENDATION
That Council:
1. receive the report by the Director Community on the 2019 Christmas Close Down; and
2. notes that administrative centres, works depots and libraries will close for the Christmas holidays from 12 noon on Friday 20 December 2019, returning on Thursday 2 January 2020.
Executive summary
Council traditionally closes its administrative centres, works depots and libraries for the Christmas Holidays. This report recommends the closure for the 2019 Christmas/New Year period.
Disclosure of Interest
Nil.
Detailed report
Past practice has been for Council’s workforce to take leave over the Christmas/New Year period. This is traditionally a quieter period for Council services and thus provides a good opportunity for staff to take annual leave. Christmas Day and Boxing Day fall on a Wednesday and Thursday, with both days gazetted as public holidays as per the Public Holidays Act. New Year’s Day falls on Wednesday 1 January 2020, also gazetted as a public holiday as per the Public Holidays Act. All other work days off (5 in total) will be treated as annual leave.
Please note that, as always, skeleton staff crews and on call staff will remain on duty and available during this period to deal with required maintenance or issues that arise.
Community Plan implications
Theme Good Governance Goal An effective and efficient organisation Strategy Pursue excellence in service delivery
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 7.1 31
Strategic implications
Council Strategies Under the Local Government Award, appropriate notice needs to be provided to Council employees of any periods of forced leave. The Christmas and New Year period includes four days of regular annual leave for staff in administration centres, works depots and libraries. Some staff will still be available over this period for required or emergency works.
Council Policies Not Applicable.
Legislation Not Applicable.
Financial implications
Not Applicable.
Associated Risks
Not Applicable.
SIMON JONES DIRECTOR COMMUNITY
6 June 2019
Attachments: Nil
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 32 REPORT 8.1
Item 8: Development
8.1 MA022/2019 - Modification Application to DA0152/2015 (Bombira Estate) - 220 Ulan Road, Bombira
REPORT BY THE SENIOR PLANNER TO 17 JULY 2019 ORDINARY MEETING GOV400067, DA0152/2015
RECOMMENDATION
That Council:
A. receive the report by the Senior Planner on the Section 4.55 Modification ; and
B. approve Section 4.55 Modification subject to the following conditions and statement of reasons:
Conditions of Consent (AMENDMENTS IN BLUE)
APPROVED PLANS
1. Development is to be carried out generally in accordance with stamped plans • Drawing Number 22225-C00 Cover Sheet • Drawing Number 22225-C01 Existing Site Plan • Drawing Number 23949-PNL01 Proposed Lot Plan Revised Lot Masterplan (Revision G Ea) • Drawing Number 22225-C03 Proposed Staging Plan • Drawing Number 22225-C04 Proposed Services Plan - Sewer • Drawing Number 22225-C05 Proposed Services Plan - Water • Drawing Number 22225-C06 Proposed Services Plan - Stormwater and the Application received by Council on 4 November 2014 except as varied by the conditions listed herein. Any minor modification to the approved plans will require the lodgement and consideration by Council of amended plans. Major modifications will require the lodgement of a new development application. (AMENDED MA0016/2016)
(AMENDED MA0033/2016)
(AMENDED MA0029/2017)
(AMENDED MA0022/2019)
1 a The battleaxe access as shown on Barnson Drawing 23949-NL01 will not be permitted, with
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 8.1 33
the land to be transferred to proposed Lot 8b. (AMENDED MA0029/2017)
PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE – CIVIL
2. If any aboriginal artefacts are uncovered or identified during construction earthworks, such work is to cease immediately and the local aboriginal community and National Parks and Wildlife Service are to be notified. (Note: A suitably qualified person is required to be present during earthworks to identify whether any artefacts were uncovered).
3. Demonstration through provision of an Engagement Letter that the Subdivision has been registered with Telstra Smart Communities prior to issue of the Construction Certificate.
4. The development site is to be managed for the entirety of work in the following manner:
a) Erosion and sediment controls are to be implemented to prevent sediment from leaving the site. The controls are to be maintained until the development is complete and the site stabilised with permanent vegetation; b) Appropriate dust control measures; c) Toilet facilities are to be provided on the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.
5. Any necessary alterations to, or relocations of, public utility services to be carried out at no cost to council and in accordance with the requirements of the relevant authority including the provision of easements over existing and proposed public infrastructure.
6. A Construction Certificate is required for, but not limited to, the following civil works; • Water and sewer main infrastructure • Stormwater drainage such as inter-allotment drainage, detention basins, • Road construction • Footpath and kerb & gutter • Landscaping of public reserves Note: No works can commence prior to the issue of the Construction Certificate.
7. A detailed engineering design supported by plans, and an “Autocad compatible” Plan, (in dwg format including pen-map), material samples, test reports and specifications are to be prepared in accordance with AUS-SPEC #1 (as modified by Mid-Western Regional Council) and the conditions of this development consent.
8. A detailed engineering design is to be submitted to and approved by Council prior to the issue of a Construction Certificate. The engineering design is to comply with Council’s Development Control Plan and the Standards referenced within Appendix B and D.
9. Where the development requires access to private land, the developer shall provide Council with documentary evidence that an agreement has been entered into with the landholder prior to issue of a Construction Certificate. If utilities are to be located within the private land, an easement is to be created prior to release of the Construction Certificate.
10. An Erosion and Sediment Control Plan for the development is to be prepared and implemented in accordance with the LANDCOM guidelines and requirements as outlined in
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 34 REPORT 8.1
the latest edition of “Soils and Construction – Managing Urban Stormwater”. Points to be considered include, but are not limited to:
• drainage reserves are to be turfed. • single strip of turf to be laid behind kerb and gutter. • saving available topsoil for reuse in the revegetation phase of the subdivision; • using erosion control measures to prevent on-site damage; • rehabilitating disturbed areas quickly; • maintenance of erosion and sediment control structures; • a schedule of operations is to be submitted to ensure all appropriate works are undertaken at the correct stage.
11. (DELETED MA0033/2016)
11a. As there are known aboriginal objects upon, or within the immediate vicinity of proposed lots 8a, 8b, 8c and Lot 44 that will be or are likely to be harmed from future residential development, prior to the release of the Subdivision Certificate for any of these lots, an Aboriginal cultural heritage assessment report must be prepared and submitted to Council for approval.
This report is to be prepared in accordance with the Office of Environment and Heritage’s Guide to investigating, assessing and reporting on Aboriginal cultural heritage in NSW. As per the Guide, the report is required to determine what Aboriginal cultural heritage is in the area, why it is important, what the likely impacts of development will be, and how the impacts can be avoided, minimised or not avoided.
Where the impacts cannot be avoided, an Aboriginal Heritage Impact Permit (AHIP) is to be obtained. (AMENDED MA0033/2016)
12. Any registered easements or restrictions applicable to the site are to be removed from the title prior to the issue of a construction certificate for that stage to which the easement or restriction may apply.
PRIOR TO THE COMMENCEMENT OF WORKS
13. A Traffic Control Plan (TCP) completed by a “Certified Person” for the implementation during works is to be submitted to Mid-Western Regional Council prior to any work commencing
14. Contractor’s public liability insurance cover for a minimum of $20,000,000 is to be sighted and to be shown to Mid-Western Regional Council as an interested party. Public Liability Insurance is to include Mid-Western Regional Council as an interested party and a copy of the insurance policy including the Certificate of Currency is to be provided to Mid-Western Regional Council prior to the commencement of work. All work is to be at no cost to Council.
15. The applicants shall, at their own expense, engage a registered surveyor to relocate any survey mark that may be disturbed by the development or any associated work. Any information regarding relocation should be supplied to the Land Titles Office and Council.
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16. Prior to commencement of works, the submission of possible street/road names in order of preference, for the proposed new roads within the subdivision, are to be submitted to Council for approval.
17. Prior to development the applicant shall advise Council’s Development and Community Services Department, in writing, of any existing damage to Council property before commencement of works. The applicant shall repair (at their own expense) any part of Council’s property damaged during the course of this development in accordance with AUS-Spec #1/2 (as modified by Mid-Western Regional Council) and any relevant Australian Standards.
18. All works are to be constructed at the full cost of the developer, in a manner consistent with Aus-Spec #1 and Council’s standard drawings.
19. Prior to the commencement of subdivision works, the following actions are to be carried out; • A site supervisor is to be nominated by the applicant; • Council is to be provided with two (2) days’ notice of works commencing.
INFRASTRUCTURE
Stormwater Drainage
20. The applicant is to submit a Drainage Report prepared in accordance with the Institution of Engineers publication Australian Rainfall and Runoff (2001) for approval prior to the release of the Construction Certificate. The report must demonstrate that stormwater runoff from the site is not increased beyond the existing undeveloped state up to and including a 100- year ARI. All storm water detention details including analysis shall be included with the drainage report. Note: Post development flows must not exceed pre-development flows up to and including the 100 year ARI event. Any additional works required to satisfy this condition will be entirely at the developers cost. (AMENDED MA0033/2016)
21. The trunk drainage system must be designed such that discharge from the subdivision satisfies the following water quality targets:
Post Development Stormwater Pollution Reduction Targets
• Total Suspended Solids (TSS) – 85% reduction of the typical annual • load Total Phosphorus (TP) – 65% reduction of the typical annual load • Total Nitrogen (TN) – 45% reduction of the typical annual load • 90% of gross pollutant loads, oil and grease retained on-site
Note: Results from MUSIC modelling or equivalent shall be supplied with Construction Certificate Issue plans demonstrating that the design meets the above criteria.
22. All internal roads shall comprise roll back concrete kerb and gutter. Sub- surface drainage is required where gutter flows exceed 2.5m width during minor events (1 in 5yr ARI). If required, sub-surface drainage shall be located behind the kerb.
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23. Interallotment drainage is to be provided to remove stormwater from any lots that cannot discharge to the street in accordance with AusSpec #1. An easement not less than 1.0m shall be created in favour of the upstream allotments for any Interallotment drainage.
24. One (1) roof-water outlet per allotment is to be provided in the kerb and gutter 2m from the downhill boundary at the time of the installation of the kerb and gutter.
25. Any soil / water retention structures are to be constructed prior to the bulk stripping of topsoil, to ensure sediment from the whole site is captured.
26. All earthworks, filling, building, driveways or other works, are to be designed and constructed (including stormwater drainage if necessary) so that at no time will any ponding of stormwater occur on adjoining land as a result of this development. ROADS
27. The intersection of the new road within the subdivision and the Ulan Road is to be designed and constructed to comprise; • A full length Rural Channelised T-junction – Full length (CHR) is to be provided in accordance with Figure 7.7 of Austroads Guide to Road Design 2010 – Part 4A: Guide to Unsignallised and Signalised Intersections and RMS Supplements;
• A Rural Auxiliary Left Turn Lane Treatment (AUL) on the major road is to be provided in accordance with Figure 8.4 of Austroads Guide to Road Design 2010 – Part 4A: Guide to Unsignallised and Signalised Intersections and RMS Supplements; • All existing and proposed utility services shall be located clear of existing road pavements.
28. All internal roads within the subdivision must be designed and constructed to the following standards:
Road 1 and 2 Item Requirement
Full Road Pavement Width 13 m (2 x 3.5m travel lanes and 2 x 3m sealed shoulders/parallel parking lanes)
Nature Strip 2 x 4.5m
Concrete Footpaths 2.5m Wide
Seal Two-coat flush seal -14/7 mm (Double/ Double) as required
Kerb & Gutter Roll back concrete kerb & gutter
Subsoil Drainage Where gutter flow exceeds 2.5m during minor events or adjacent to intersections To be installed behind kerb
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Road 5, 6, 8
Item Requirement
Full Road Pavement Width 11 m (2 x 3.5m travel lanes and 2 x 2m sealed shoulders)
Nature Strip 2 x 4.5m
Concrete Footpaths 1.2m Wide
Seal Two-coat flush seal -14/7 mm (Double/ Double) as required
Kerb & Gutter Roll back concrete kerb & gutter
Subsoil Drainage Where gutter flow exceeds 2.5m during minor events or adjacent to intersections To be installed behind kerb
Road 3, 4, 9, 10 and 14
Item Requirement
Full Road Pavement Width 8 m (2 x 4m travel lanes)
Nature Strip 2 x 4m
Concrete Footpaths Nil
Seal Two-coat flush seal -14/7 mm (Double/ Double) as required
Kerb & Gutter Roll back concrete kerb & gutter
Subsoil Drainage Where gutter flow exceeds 2.5m during minor events or adjacent to intersections To be installed behind kerb
Road 7, 11, 12 and 13
Item Requirement
Full Road Pavement Width 9 m (2 x 3.5m travel lanes and 2 x 1m sealed shoulders)
Nature Strip 2 x 4.5m
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Concrete Footpaths 1.2m Wide
Seal Two-coat flush seal -14/7 mm (Double/ Double) as required
Kerb & Gutter Roll back concrete kerb & gutter
Subsoil Drainage Where gutter flow exceeds 2.5m during minor events or adjacent to intersections To be installed behind kerb
28a. All internal roads within the subdivision must be designed and constructed to the following standards:
Wurth Drive to the Frontage of Lot 64 and Harvey Street
Item Requirement
Full Road Pavement Width 13 m (2 x 3.5m travel lanes and 2 x 3m sealed shoulders/parallel parking lanes)
Nature Strip 2 x 4.5m
Concrete Footpaths 2.5m Wide to extend the full length of Wurth Drive
Seal Two-coat flush seal -14/7 mm (Double/ Double) as required
Kerb & gutter Roll back concrete kerb & gutter
Subsoil Drainage Where gutter flow exceeds 2.5m during minor events or adjacent to intersections. To be installed behind kerb
Webster Street, Page Circuit, Chapman Street, Nelthorpe Street and Wurth Drive from Lot 64
Item Requirement
Full Road Pavement Width 9 m (2 x 3m travel lanes)
Nature Strip 2 x 4.5m
Concrete Footpaths 1.2m
Seal Two-coat flush seal -14/7 mm (Double/ Double) as required
Kerb & gutter Roll back concrete kerb & gutter
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Subsoil Drainage Where gutter flow exceeds 2.5m during minor events or adjacent to intersections. To be installed behind kerb
Joseph Place and Edwards Close
Item Requirement
Full Road Pavement Width 8m (2 x 4m travel lanes)
Nature Strip 2 x 4m
Concrete Footpaths Nil
Seal Two-coat flush seal -14/7 mm (Double/ Double) as required
Kerb & gutter Roll back concrete kerb & gutter
Subsoil Drainage Where gutter flow exceeds 2.5m during minor events or adjacent to intersections. To be installed behind kerb
(AMENDED MA0029/2017)
29. The submission to Council of engineering design plans for any road works shall include pavement and wearing surface investigation and design.
30. All electrical, telecommunication and water service crossings are to be perpendicular to the road centreline and performed prior to the addition of the base course and installation of kerb and gutter.
31. All stormwater, water and sewer main infrastructure road crossings must be installed prior to the addition of the base course and installation of kerb and gutter.
32. All water mains and associated fittings/valves should not be installed underneath a concrete structure such as the footpath.
33. All required earthworks for roads associated with the subdivision must have compaction testing in compliance with RMS Q4 and AUS-SPEC CQS-A.
34. A Traffic Control Plan (TCP) completed by a “Certified Person” for implementation during works is to be submitted to Mid-Western Regional Council prior to any work commencing.
35. All internal roads must be designed with design speed of 60km/hr.
36. Street signs necessitated by the subdivision are to be installed in accordance with Aus- Spec #1 and Council standards.
37. A Give Way sign is required to be installed on the internal subdivision road at the junction with Ulan Road.
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38. 50km/hr speed restriction signs, duplicated both sides of the road, are to be installed on Road 1 at the entry to the subdivision. These signs must also indicate 80km/hr for traffic leaving the subdivision.
39. The proposed internal road network should have sufficient width to accommodate the turning paths for service vehicles (e.g. rubbish collection and removalist vehicles). Particular attention should be given to cul de sac finishing points.
WATER AND SEWER
40. An application for a Compliance Certificate under the Water Management Act, 2000 is to be submitted to Council as the Water Supply Authority and approved prior to the issue of a Subdivision Certificate for each stage of the development.
Note: This will include (but is not limited to) the requirement to alter and extend services, upgrade and install ancillary infrastructure such as sewer pump stations and the payment of section 64 developer contributions. Note: As a precondition to issuing a compliance certificate, the Council may require the alteration and extension of services, upgrading and installing ancillary infrastructure such as sewer pump stations and the payment of section 64 developer charges. Payment of charges may also be paid in accordance with the relevant deferred payments provisions contained within the relevant Council Development Servicing Plans. (AMENDED MA0029/2017)
41. Three metre wide easements, including associated Section 88B of the Conveyancing Act 1919 instruments, are to be created in favour of Council over any existing or newly constructed water, or sewerage reticulation components located within the subject property, or extended through adjoining private properties as a result of this subdivision.
Note: where an easement is proposed over private land for the purpose of servicing this subdivision, Council will require evidence that the easement has been created prior to release of the Construction Certificate.
42. The proposed sewer pump station to be located on proposed lot 103 135 is to be constructed above the probable maximum flood level. Details to be provided with the relevant Construction Certificate stage.
(AMENDED MA0022/2019)
EARTHWORKS
43. All finished surface levels shall be shown on the plans submitted for the Construction Certificate. Where it is proposed to import fill, the material shall be certified as free of hazardous materials and contamination by a suitably qualified geotechnical engineer. Fill placed in residential or commercial lots shall be compacted in accordance with AS3798- 2007 Guidelines on Earthworks for Commercial and Residential Developments.
Contributions and other charges
44. In accordance with the provisions of s.94 of the Environmental Planning and Assessment Act 1979 and the Mid-Western Regional Council Section 94 Developer Contributions Plan (CP), the developer will contribute a contribution per lot of $7022.00 $7,085.00 (excluding house lot). The contributions are to be paid prior to the issue at the lodgement of the
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Subdivision Certificate for each stage, or. if Council receives a bank guarantee for the contributions payable in respect of a stage which meets the requirements set out in clause 1.10 of the CP the contributions for that stage will be payable 6 months after the date of issue of the Subdivision Certificate for the stage.
Catchment 2
Section 94 Contributions
Transport Management
Traffic Management $1258.001247.00
Open space
Local Open Space $1975.00$1957.00
District Open Space $2681.002657.00
Community Facilities
Library Buildings $258.00256.00
Library Resources $310.00307.00
Administration
Plan Administration $603598.00
Total per lot $7085.7022.00
NOTE: Developer Contributions and all other fees and charges are subject to Consumer Price Index increase at 1 July each year. Please contact Council’s Development Department regarding any adjustments.
(AMENDED MA0016/2016) (AMENDED MA0033/2016) (AMENDED MA0029/2017)
PRIOR TO THE ISSUE OF THE SUBDIVISION CERTIFICATE
45. A linen plan and two (2) copies are to be submitted to Council for approval and endorsement by the General Manager.
NOTE: Under the Environmental Planning & Assessment Act, 1979, a Subdivision Certificate is required before the linen plan of subdivision can be registered with the Land Titles Office. Council’s fee to issue a Subdivision Certificate is set out in Council’s fees and charges.
46. Following completion of the subdivision works, one full set of Work-As- Executed plans, in pdf and dwg format, which is “AutoCAD compatible”, is to be submitted on disk to Council. All Work-As-Executed plans shall bear the Consulting Engineer's or Consulting Surveyor's certification stating that all information shown on the plans is accurate.
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47. Underground electricity, street lighting and telecommunications are to be supplied to the subdivision. Prior to issue of the Subdivision Certificate, Council is to be supplied with: a) A certificate from an energy provider indicating that satisfactory arrangements have been made for provision of electricity supply to the subdivision. b) A letter from the appropriate telecommunications authority Telstra indicating that they accept acquisition of the infrastructure provision of telecommunication services to the subdivision.
48. Prior to the issue of a Subdivision Certificate: a) all contributions must be paid to Council (subject to condition 44) and all works required by the consent be completed in accordance with the consent, or b) an agreement be made between the developer and Council; be paid to Council in accordance with this condition for the purpose of: i) as to the security to be given to Council that the works will be completed or the contribution paid, and ii) as to when the work will be completed or the contribution paid. (AMENDED MA0029/2017)
49. Following completion of all engineering works, a defect liability bond of 5% of the value of such works (not carried out by Council) shall be lodged with Council for a twenty four month (24) period to ensure that any defects in such works are remedied by the developer.
Note: The bond may be provided by way of a monetary deposit with the Council or a bank guarantee to the satisfaction of the Council. The bank guarantee must not specify any time limitations on the operation of the guarantee.
50. The developer is to ensure that all defects in the works that become apparent within twenty four (24) months of Council accepting the works on maintenance are remedied to Council's satisfaction. If these defects are not satisfactorily remedied, Council may use bond money to carry out rectification.
Note: Any unspent bond money will be returned to the developer at the end of the twenty four (24) month period, less the estimated cost of any outstanding works.
51. The applicant shall repair in accordance with Aus-Spec# 1 and Council Standard Drawings any part of Council’s property damaged during the course of this development.
51a. A post and rail style fence is to be erected to the satisfaction of Council along the rear boundary of any lot that abuts the Ulan Road Public Reserve prior to the issue of a Subdivision Certificate for those lots. Details of the fence are to be lodged with and approved by Council prior to erection. (AMENDED MA0029/2017)
GENERAL
52. The subdivision works are to be inspected by the Council (or Accredited Certifier on behalf of Council) to monitor compliance with the consent and the relevant standards of construction encompassing the following stages of construction: (a) Installation of sediment and erosion control measures (b) Water and sewer line installation prior to backfilling (c) Establishment of line and level for kerb and gutter placement
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(d) Road pavement construction (e) Road pavement surfacing (f) Practical completion
All works are to be constructed at the full cost of the developer, in a manner consistent with Aus-Spec #1 and Council’s standard drawings.
53. If the Subdivision Certificate is not issued within the financial year of the date of determination, then the charges and contributions contained in this consent will be increased to the current rate at the time of payment.
54. The developer must provide Council and land purchasers with a site classification for each lot within the subdivision. The classification is to be carried out at a suitable building site on each lot and is to be carried out by a NATA registered laboratory using method (a) of Clause 2.2.3 of AS2870 - 1996. Results are to be submitted to Council prior to issue of the Subdivision Certificate.
55. The development is to be provided with completed drainage, pollution traps and open space areas as detailed in the approved landscape plans for each stage of the development. Any drainage or open space area within or adjacent to a stage is to be completed prior to the release of the Subdivision Certificate for that stage.
56. Street trees are required at a rate of two (2) trees per lot and are to be planted prior to the issue of the Subdivision Certificate. The trees are to be semi- mature and barricaded for protection
57. All open space areas are to be levelled, top soiled, turfed with the installation of an in ground irrigation system prior to the release of the Subdivision Certificate. The developer will maintain these areas for a period of two (2) years from the release of the Subdivision Certificate.
58. A shared Pedestrian/bicycle path is to be provided from the new entrance to the Southern boundary on Ulan Road. Engineering details of the access are to be provided with the construction certificate documentation for stage 3. The access is to be completed prior to the issue of subdivision certificate for stage 3.
59. An acoustic assessment be provided by a qualified acoustic engineer and that any recommendations arising from the report be required to be implemented during construction.
60. A Restriction as to User is to be registered on the title of proposed lots 37, 39, 40, 41, 42, 43, 44, 45, 60, 63, 69 and 70 1, 3, 5, 12, 13, 16, 55, 56, 57, 58, 59, 60 stating that no direct access to Ulan Road is permitted. (AMENDED MA0033/2016) A Restriction as to User benefitting Council and on terms satisfactory to Council is to be registered on the title to all lots with a boundary to the Ulan Road public reserve (being lots 22-34 shown on plan 23949_P01 Revision G E) to the effect that: • there is to be no direct access to the Ulan Road public reserve from the lot; • no above ground structures shall be erected on the lot within 15m of the boundary of the lot with the Ulan Road public reserve; and • all fencing along the boundary to the Ulan Road public reserve is to be post and wire
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construction only. (AMENDED MA0029/2017) (AMENDED MA0022/2019)
61. The landscaped buffer along Ulan Road is to be extensively landscaped to provide a visual separation between Ulan Road and the subdivision. The landscaping is to incorporate both low and high growing species. Landscaped plans are to be submitted with the Stage 1 Construction Certificate and works completed prior to the issue of subdivision certificate for stage 1.
62. A detailed contamination site investigation is to be undertaken of the diesel tank and included with the construction certificate documentation for Stage 4. Any remediation measures included in the assessment must be completed prior to the issue of subdivision certificate for stage 4.
63. [DELETED]A Restriction as to User is to be placed on proposed lots 40 to 45 55 to 60 inclusive restricting further subdivision of the land to assist in preserving the rural amenity of the northern gateway entrance into Mudgee. (AMENDED MA0033/2016) (DELETED MA0029/2017)
64. Proposed lot 103 135 (detention basin) is to incorporate a passive recreation area in accordance with the provisions of Mid-Western Regional Development Control Plan 2013. Details of this are to be provided with the construction certificate documentation for stage 1. The recreation area is to be completed to the satisfaction of Council prior to the issue of subdivision certificate for stage 5. (AMENDED MA0029/2017)
65. The existing shed is to be lawfully demolished prior to the issue of subdivision certificate for stage 4.
65. Construction of Road 12 must be completed prior to the registration of proposed lots 44 and 8c (DELETED MA0029/2017)
STATEMENT OF REASONS
1. The proposed development complies with the requirements of the applicable environmental planning instruments and Mid-Western Regional Development Control Plan 2013.
2. The proposed development is considered satisfactory in terms of the matters identified in Section 4.55(1A) of the Environmental Planning and Assessment Act 1979.
3. The proposed development is considered satisfactory in terms of the matters identified in Section 4.15 of the Environmental Planning and Assessment Act 1979.
4. The proposal satisfactorily addresses the issue of overland drainage raised in submissions received in response to public notification of the development, as follows:
a) Existing condition 20 requires the applicant to prepare a drainage report prior to issue of the construction certificate that must demonstrate that stormwater runoff from the
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site is not increased beyond the existing undeveloped state up to and including a 100- year ARI and post development flows must not exceed pre-development flows up to and including the 100 year ARI event. Any additional works required to satisfy this condition will be entirely at the developers cost.
Executive summary
OWNER/S Maas Group Family Properties No. 5 APPLICANT: Maas Group Properties PROPERTY DESCRIPTION 220 Ulan Road, Bombira PROPOSED DEVELOPMENT Residential Subdivision of Land REASON FOR REPORTING TO COUNCIL: Prior Applications for Modifications Determined by Council PUBLIC SUBMISSIONS: Two (2) Submissions received
Council granted consent to Development Application DA0152/2015 for the subdivision of land creating 135 Residential Lots at 220 Ulan Road, BOMBIRA NSW 2850, Lot 1 DP1000182. The original application was determined at the 17 December 2014 Council meeting.
The first modification application to DA 0152/2015 (MA0016/2016) was submitted to Council relating to an amended subdivision plan and contributions amounts, this was approved by Council resolution on 16 March 2016.
The second modification to DA0152/2015 (MA0033/2016) was approved on 23 August 2016 by Council resolution and related to an amended subdivision plan to create 3 additional lots and amended conditions 11, 20, 44, 60, 63 and 66.
The third modification to DA0152/2015 (MA0029/2017) was refused by Council on the 16 August 2017 and related to an amended subdivision plan to include 9 additional lots and deferment of Section 64’s and Section 94’s via a bank guarantee for a period of 6 months. Appeal to Council’s determination of the modification application (MA0029/2017) was subsequently lodged with the Land and Environment Court, with the appeal upheld and consent granted. Orders were made on 1 December 2017 by the Court.
Council is in receipt of a further Section 4.55 Applicationto modify DA0152/2015.
The modification (MA0022/2019) proposes to:
1. Amend the approved subdivision plan to remove the dedicated public reserve originally nominated on Lot 144 (comprising 2,458m²) of the approved plan by the Court (DWG23949_P01 REV E) to a residential allotment with no change in area or shape (DWG23949_P01 REV G); and 2. Consolidate approved Lots 135 and 136 for the purposes of a public reserve and to accommodate a larger stormwater detention basin over the lots (new total area comprises 5,164m²).
The proposed amendments to the subdivision plan results in the loss of one (1) lot (number of total lots from 152 to 151) and also a total loss of 425m² of designated public reserve within the subdivision.
The proposed development has been assessed in accordance with Council’s LEP and DCP and the modifications proposed are considered to be generally consistent with Council’s planning controls.
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The proposed modification was notified to adjoining neighbours, and two (2) submissions were received during the notification period. Both submissions were objecting to the discharge of water onto the landowners’ private property from the proposed detention basin.
The modification application was referred to Council’s meeting of 15 May 2019 whereby Council resolved unanimously to seek a further report and negotiate the green space provisions of the subdivision. Following discussions held, the applicant sought to maintain the modification application as originally proposed and submitted further information demonstrating that 95% of allotments are accessible via a walking distance of 400m-500m (comfortable 5 to 6 minute walk) within the Estate. Six (6) allotments are located within a 7 minute walk from these areas. This additional information provided by the applicant is included as Attachment 5.
The modification application was then reported back to Council on the 19 June 2019 where Council resolved as follows:
That Council request the General Manager to negotiate again a better outcome regarding the green space, with the developer.
A formal response has been provided by the developer following discussions held with the General Manager which is included as Attachment 6. The final response provided is ‘With the sincerest respect we decline to negotiated again a greenspace outcome as we believe the plan currently before Council is the best outcome for Bombira Estate and seeks Councils further consideration and determination of the subject application’.
Pursuant to the powers handed down by the General Manager, conferred under Section 378 of the Local Government Act 1993, and as the original application was approved by Council resolution, staff do not have the power to determine the application in accordance with their Delegation of Authority. Subsequently, the application is referred to a full Council meeting.
The application is recommended for Approval.
Disclosure of Interest
Nil.
Detailed report
The application has been assessed in accordance with Section 4.55 and 4.56 of the Environmental Planning & Assessment Act 1979 as the original consent was granted by Council. It is note that the most recent modification application (MA0029/2017) was determined by the Court. The main issues are addressed below.
REQUIREMENTS OF REGULATIONS AND POLICIES
4.55(1A) Modifications involving minimal environmental impact (1A) Modifications involving minimal environmental impact A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if: (a) it is satisfied that the proposed modification is of minimal environmental impact, and
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Comment The proposal to relocate the nominated public reserve and retain the stormwater detention basin within the proposed (although enlarged) Lot 135 of the subdivision is considered to be of minimal environmental impact. The proposal will result in the loss of one (1) lot from the overall approved residential subdivision, to a total of 151 lots. The proposal will also result in a loss of 425m² of dedicated public reserve due to the reduced lot size once lots 135 and 136 are consolidated. Council’s DCP does not require a minimum area of Open Space or reserve within a Greenfield Subdivision, only that all lots are within 400m of a local park, playground or passive open space. A plan was provided to support the application nominating the 400m offset of the residential lots from all public reserves. This plan shows compliance with the DCP 2013. As a result, no variations to Council’s Plans or Policies are sought by this modification application.
The existing conditions of consent (number 20 and 64) require the development of a detailed design over Lot 135 for stormwater management and a passive recreation area as part of the construction certificate documentation for this stage of the development which has not been sought to date.
On the basis of the existing conditions of consent covering the need for a detailed design of the public reserve proposed over Lot 135 (incorporating the park, detention basin and Sewer Pump Station), it is considered that no significant environmental impacts are raised by this proposed modification.
(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and
Comment Council is satisfied that the proposed modification is substantially the same development as the original consent granted being for the residential subdivision of the land.
(c) it has notified the application in accordance with: (i) the regulations, if the regulations so require, and (ii) a development control plan,
Comment The S4.55 Application was notified to adjoining neighbours as all previous applications were also notified.
(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.
Comment Two (2) submissions were received during the notification period. Both submissions raised objections relating to overland flow of stormwater. The content of the submissions is further considered below.
(3) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15 (1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.
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Comment All matters under Section 4.15(1) of relevance to the modification are addressed below.
(4) The modification of a development consent in accordance with this section is taken not to be the granting of development consent under this Part, but a reference in this or any other Act to a development consent includes a reference to a development consent as so modified.
Comment The applicant has submitted the Section 4.55(1A) application to Council in order to amend conditions of consent relating to the approved subdivision plan only. No further development consent is sought by the modification application in accordance with this part.
(8) Modifications by the Court The provisions of this section extend, subject to the regulations, to enable the Court to modify a consent granted by it but, in the extension of those provisions, the functions imposed on a consent authority under subsection (1A) (c) or subsection (2) (b) and (c) are to be exercised by the relevant consent authority and not the Court.
Comment The applicant has submitted the Section 4.55(1A) application to Council as the relevant consent authority.
4.56 Modification by consent authorities of consents granted by the Court
(1) A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the Court and subject to and in accordance with the regulations, modify the development consent if:
(a) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and
Comment Council is satisfied that the proposed modification is substantially the same development as the original consent granted, being for the residential subdivision of the land.
(b) it has notified the application in accordance with: (i) the regulations, if the regulations so require, and (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and
Comment The Application was notified to adjoining neighbours as all previous applications were also notified.
(c) it has notified, or made reasonable attempts to notify, each person who made a submission in respect of the relevant development application of the proposed modification by sending written notice to the last address known to the consent authority of the objector or other person, and
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Comment All persons who were originally notified of the proposal were also notified of the modification application submitted to Council.
(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.
Comment Two (2) submissions were received objecting to the proposed modification. The matters raised by the submissions relate to stormwater overflow and are further considered below.
(1A) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15 (1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.
Comment All matters under Section 4.15(1) of relevance to the modification are addressed below.
(2) After determining an application for modification of a consent under this section, the consent authority must send a notice of its determination to each person who made a submission in respect of the application for modification.
Comment Council will forward a notice of its determination following resolution by Council.
4.15(1)(a) Evaluation – Matters for consideration (i) Do any environmental planning instruments (SEPP, REP or LEP) apply to the land to which the Application relates?
The proposed modification does not alter the proposal’s compliance with the relevant State Environmental Planning Policies, considered as part of the original Development Application. No new considerations were required to be addressed as a result of the proposed modification.
Mid-Western Regional Local Environmental Plan 2012 (MWRLEP 2012)
The original development was considered against the Mid-Western Regional Local Environmental Plan 2012. The proposed modification does not give rise to any issues that need to be considered/reconsidered.
(ii) Do any draft environmental planning instruments (EPI) apply to the land to which the Application relates?
No draft environmental planning instruments apply to the land to which the Development Application relates.
(iii)Do any development control plans apply to the land to which the Application relates?
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Mid-Western Regional DCP 2013
An assessment is made of the relevant chapters and sections of this DCP. Those chapters or sections not discussed here were considered not specifically applicable to this application or are discussed elsewhere in this report.
Part 7.1 Urban Subdivision DEVELOPMENT CONTROL REQUIREMENT COMPLIES? Applies to Land zoned residential; village zones; rural residential lots up Land is zoned Residential to 2 hectares Lot size Minimum lot size as determined by MWRC LEP 2012 Yes All lots continue to retain street All lots have street frontage frontage to new roads as part of the greenfield subdivision Lots increase in size relative to slope as follows: – 0-10 degrees: 600m² No change in residential lot sizes – 10-15 degrees: 700m² or shapes to alter the slope of the – 15-20 degrees: 800m² lots – >20: subdivision prohibited All lots have 16m width at building line in residential and Yes. Lots are of ample size and village zones dimension Battle-axe handles in R1, R3 and RU5 Village have width of Not applicable 4m Battle-axe handles in R2 and R5 residential zones have Not applicable width of 6m Lot Design For infill subdivision lot orientation maximises solar access Yes. Achieves adequate solar and takes account of existing pattern of development access For new release subdivision lot orientation maximises solar All lots retain the same access by maximising north-south lots orientation within the subdivision For new release subdivision east-west orientated lots have As discussed above increased width and midpoint The development retains a majority of rectangular lots. The Lots generally rectangular in shape lots are all of sufficient size to accommodate a substantial building envelope Lots on southern side of road provide greater frontage width Generally achieved for better solar orientation of future dwelling Corner lots have sufficient area to allow dual occupancy and Yes independent utility connection points Street Layout and Design Traffic Assessment provided under original DA, no significant Traffic Impact Statement submitted for 5+ lots changes to the traffic arrangements are proposed by this modification Traffic Impact Statement submitted for all subdivisions where As above new road required Subdivision integrates with existing residential area Yes
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DEVELOPMENT CONTROL REQUIREMENT COMPLIES? New roads must provide “through road” connections to surrounding roads and road heads where they exist in the Yes, provided locality Where cul-de-sac treatment unavoidable, pedestrian No modifications to the Road linkages between streets provided layout proposed Multiple cul-de-sacs and “no through roads” discouraged As above Maximum number of lots in cul-de-sac is 12 lots As above Connection roads to future Subdivision >80 lots should not require backtracking subdivision provided Road Standards for New Development Urban Road Standards required Yes 1 x 1.2m footpath, barrier kerbing Yes, where appropriate Commercial and Industrial Subdivision roads: 22m road reserve, 13m carriageway, 2 x 4.5m nature strip, 1 x 1.2m Not applicable footpath, barrier / rollover kerbing Cycle ways and footpaths Concrete footpaths will be Cycle ways and pedestrian networks included in new provided in layout where subdivisions appropriate If subdivision site identified in Council cycle way plan or Connectivity provided to Ulan pedestrian strategy, subdivision needs to respond to strategy Road Yes, subdivision layout will New subdivisions provide direct, convenient and safe access extend to the existing to major facilities connections to Mudgee Cul-de-sacs may be required to include 10m wide shared Not applicable overland flow/pathway Developer to provide contribution to Council for installation of Yes, condition included in cycle ways and footpaths prior to release of subdivision consent certificate Open Space Based on the submitted modification application, lots within Stages 1, 2 and 3 will be within 400m of the nominated public reserves (lots 18, 20 and 21) located towards Ulan Road Greenfield sites >20 lots ensure that lots are <400m from and off Butler Circle. Stages 4 local park, playground or passive open space and 5 will be within 400m of the public reserve proposed on Lot 135 – Refer to DWG 23949_P05 REV D Titles Plan Showing Proximity to Green Space (included as Attachment 2). Where on-site detention basins double as open space, must Yes, to be provided. Condition 64 include raised level area which incorporates playground or requires a design to be provided fitness equipment etc and shading landscaping with the Construction Certificate Landscaping Landscape plan provided, detailing treatment of public Landscape plan required as part domain of CC application Land dedicated as public reserve top soiled, levelled, turfed Condition of consent already prior to release of subdivision certificate and maintained by imposed
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DEVELOPMENT CONTROL REQUIREMENT COMPLIES? developer for period of two years Street Trees Two (2) street trees provided per lot Yes, condition already imposed Developer provides levy to Council to provide these trees Yes, condition already imposed after 80% of works carried out Utility Services Lots to be connected to Servicing plan submitted showing provision of underground reticulated water, sewer, electricity, sewer, water, drainage and telecommunications to electricity and the development telecommunications The modification application did Evidence of consultation with relevant authorities submitted not require further consultation with application with external authorities Drainage Detailed stormwater plan to be lodged at CC stage. Condition As per Section 5.3 Stormwater and Drainage has already been imposed in this regard
Mid-Western Regional Development Contributions Plan 2005–2021
The original application was levied with S64 and S94A contributions and the existing conditions will not be modified by this application.
(iiia) Do any planning agreement or any draft planning agreement apply?
No Planning Agreements are applicable.
(iv) The regulations
Environmental Planning and Assessment Regulation 2000
No matters prescribed by the Regulations impact determination of the Application.
4.15(1)(b) Likely impacts of the development The proposed changes are not likely to significantly increase any impacts that were expected by the original development and subsequently, the modification application is considered to be of minimal impact.
The proposal will effectively result in a reduction to the number of lots within the overall subdivision (from 152 to 151) as well as relocation of a Public Reserve (nominated as both a public reserve as required by existing condition 64 of the development consent as well as for stormwater detention and the location for the sewer pump station).
The matter of stormwater design will be subject to the requirements of condition 20 of the existing development consent which states:
20. The applicant is to submit a Drainage Report prepared in accordance with the Institution of Engineers publication Australian Rainfall and Runoff (2001) for approval prior to the release of the Construction Certificate. The report must demonstrate that stormwater
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runoff from the site is not increased beyond the existing undeveloped state up to and including a 100-year ARI. All storm water detention details including analysis shall be included with the drainage report. Note: Post development flows must not exceed pre-development flows up to and including the 100 year ARI event. Any additional works required to satisfy this condition will be entirely at the developers cost.
Construction Certificates have currently only been released for Stages 1 – 3 of the subdivision.
4.15(1)(c) Suitability of Site for the Development (a) Does the proposal fit in the locality?
Yes, the proposed development remains suitable for the site and the locality.
4.15(1)(d) Any submissions made in accordance with Act or Regulations (a) Public Submissions
Section 1.12 of the DCP 2013 (Community Consultation) does not require notification or advertising of S4.55 Applications.
Notwithstanding this, as the original development application and subsequent modifications were notified, the proposed modification was also notified.
During the notification period, two (2) submissions were received. Both submissions object to the discharge of water onto the landowners’ private property from the proposed detention basin.
In response to this matter, it is important to note that the location of a detention basin proposed over Lot 135 was approved as part of the original development application DA0152/2015 on 17 December 2014 and has been included on all plans approved under subsequent modifications. As such there is no intention by the applicant to relocate the already approved detention basin.
The stormwater design for each stage of the subdivision must ensure compliance with condition 20 of the development consent which states:
20. The applicant is to submit a Drainage Report prepared in accordance with the Institution of Engineers publication Australian Rainfall and Runoff (2001) for approval prior to the release of the Construction Certificate. The report must demonstrate that stormwater runoff from the site is not increased beyond the existing undeveloped state up to and including a 100-year ARI. All storm water detention details including analysis shall be included with the drainage report. Note: Post development flows must not exceed pre-development flows up to and including the 100 year ARI event. Any additional works required to satisfy this condition will be entirely at the developers cost.
As Construction Certificates have only been released for stages 1 – 3, the details relating to the detention basin proposed on Lot 135 have not been provided to Council. However, compliance with condition 20 above will be required at each and every stage.
It is considered that the content of the objections made are based on drainage matters relating to earlier stages (and prior to the orders made by the Court under MA0029/2017) and as such the future detailed design of the detention basin over Lot 135 must be considered by Council at the time the Construction Certificate is submitted. Furthermore, the approval of the Construction
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 54 REPORT 8.1
Certificate shall only be issued if compliance with the existing conditions of consent are achieved by the applicant.
(b) Submissions from Public Authorities
No submissions were sought or received from public authorities.
4.15(1)(e) The Public Interest (a) Federal, State and Local Government interests and Community interests
No significant issues in the interests of the public are expected as a result of the proposed modification to the development consent.
Consultations (a) Health and Building
No consultation necessary.
(b) Technical Services
Council’s Development Engineer provided comments regarding the proposed modification to the assessing officer following an onsite meeting with the applicant and consultants for the proposal. Clarification from the applicant was sought based on the outcomes of the onsite meeting as follows:
- From an overall stormwater management perspective the proposed amendment means that all stormwater runoff would directed to the one location for control / storage / dispersal. In the event of a large storm event (and any subsequent storm event that might occur within a short time thereafter) it would be difficult to ensure that discharge / dispersal could be managed in accordance with conditions of consent that limits the rate of runoff from the estate to un-developed levels for a 1: 1.5 year up to and including a 1:100 ARI storm event. - Current situation allows for runoff from larger storm events to discharge over adjoining land in a sheet flow. However concentration of stormwater runoff in one location would make it difficult to disperse without adverse effects on downstream properties. - An alternative stormwater management strategy was suggested that would include more ‘at source’ controls such as each allotment / dwelling providing for detention tanks and dispersal on site. This suggestion appeared to be well received by the applicant and consultant who indicated that an overall stormwater management strategy would be further discussed.
A response from the applicant’s consultant was provided on 3 April 2019 as follows:
- The proposed layout does not significantly alter the proposed drainage arrangements and that discharge flow rates can be managed in accordance with approval conditions as regards to rate of discharge. - Concentrated runoff and discharge over adjoining properties will be avoided by including swales and other dispersal arrangements in the final design. Appropriate scour protection will be included where necessary. - Recommendation is that a single basin was the most feasible design solution. Comment was also made that ‘at source’ controls are difficult to manage and maintain
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and potentially subject to failure as a result of lack of maintenance by individual property owners.
In receipt of the final comments from Council’s Development Engineer on 30 April 2019, conclusions were as follows:
- From an engineering perspective the proposed amendment will still provide an area that will enable compliance with all Conditions related to stormwater management to be achieved. - There are concerns at the inherent risk of ‘putting all the eggs in one basket’ regarding stormwater management and control. However, these can be properly addressed at the time of assessment of detailed design documentation prior to the issue of a Construction Certificate. - Engineering has no objection to the approval of the proposed amendment.
Comment: Based on the outcome of the referral response above, the only modifications to the conditions of consent relate to the approved plan of the subdivision.
(c) Heritage Advisor
No consultation necessary.
Community Plan implications
Theme Good Governance Goal Strong civic leadership Strategy Provide accountable and transparent decision making for the community
Strategic implications
Council Strategies Not applicable.
Council Policies Mid-Western Development Control Plan 2013. Mid-Western Regional Local Environmental Plan 2012.
Legislation Environmental Planning and Assessment Act 1979 (as amended). Environmental Planning and Assessment Regulations 2000.
Financial implications
The proposed modification will alter the total number of lots (reduced by 1 lot) within the subdivision and subsequently will reduce the amount of developer contributions required to be paid to Council in accordance with the existing conditions of consent for Section 64 and Section 94 payments, by 1 lot.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 56 REPORT 8.1
Associated Risks
Should Council refuse the application, the applicant may seek a further review of this decision or appeal through the Land & Environment Court.
KAYLA ROBSON LINDSAY DUNSTAN SENIOR PLANNER MANAGER, STATUTORY PLANNING
JULIE ROBERTSON DIRECTOR DEVELOPMENT
1 July 2019
Attachments: 1. Revised Subdvision Layout (REV G). 2. Revised Lot Layout with Proximity to Green Space (REV D). 3. Submission of Objection Number 1. 4. Submission of Objection Number 2. 5. Additional Information from Applicant - Passive Recreational Area. 6. Final Letter from Applicant on the Passive Recreational Area Negotiations.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
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8.2 MA0049/2019 Modification to 45 Lot Subdivision 17-29 Fairydale Lane MUDGEE
REPORT BY THE TOWN PLANNER TO 17 JULY 2019 ORDINARY MEETING GOV400067, DA0249/2014
RECOMMENDATION
That Council:
A. receive the report by the Town Planner on the MA0049/2019 Modification to 45 Lot Subdivision 17-29 Fairydale Lane MUDGEE, MA0049/2019; and
B. approve MA0049/2019 Modification to 45 Lot Subdivision 17-29 Fairydale Lane MUDGEE subject to the following conditions and statement of reasons:
Conditions of Consent (AMENDMENTS IN BLUE)
APPROVED PLANS
1. Development is to be carried out generally in accordance with stamped plans MX-10268.00 – C8.0 Rev B & MX-10268.00 – C8.1 Rev B dated 29th November 2016 and BK083 CONCEPT.dwg dated 8 April 2014 sheet 1 of 2 and the Application received by Council on 21 January 2014 and Modification Application received by Council on 5 June 2019 except as varied by the conditions listed herein. Any minor modification to the approved plans will require the lodgement and consideration by Council of amended plans. Major modifications will require the lodgement of a new development application.
(AMENDED BY MA0049/2019)
PRIOR TO THE ISSUE OF THE SUBDIVISION CERTIFICATE – RELEASE NO. 1
1a. Under the Environmental Planning & Assessment Act 1979, a Subdivision Certificate is required before the linen plan of subdivision can be registered with the Land Titles Office. Note: The fee to issue a Subdivision Certificate is set out in Council’s Fees and Charges.
(ADDED BY MA0049/2019)
1b. A linen plan and two (2) copies are to be submitted to Council for approval and endorsement by the General Manager.
(ADDED BY MA0049/2019)
1c. If the Subdivision Certificate is not issued, for any reason whatsoever, by the end of the financial year immediately following the date of determination, then the charges and contributions contained in this consent, may be increased to the current rate at the time of payment.
(ADDED BY MA0049/2019)
1d. Prior to the issue of a Subdivision Certificate for Release No. 1, a “Right of Carriageway” is to be created over proposed Lot 2 through the registration of the appropriate survey plan
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 68 REPORT 8.2
and associated 88B instrument to provide legal access to existing rear dwelling on Proposed Lot 1.
(ADDED BY MA0049/2019)
1e. In accordance with the provisions of Section 94 of the Environmental Planning and Assessment Act 1979 and the Mid-Western Regional Council Section 94 Developer Contributions Plan, a contribution shall be paid to Council in accordance with this condition for the purpose of: SUBJECT TO CPI INCREASE
Release of Proposed Lots 1 & 2 as per plan MX-10268.00-C8.0 Rev B
*1 new lot – Lot 2 Transport Management Traffic Management 1,282 Open Space Local Open Space 2,013 District Open Space 2,732 Community Facilities Library Buildings 263 Library Resources 316 Administration Plan Administration 614 Drainage Drainage Works 5,508 TOTAL $12,728
Note: The two existing dwellings are exempt from paying S94 contributions
(ADDED BY MA0049/2019)
1f. Prior to the issue of Release No. 1, the developer shall obtain a Certificate of Compliance under the Water Management Act. This will require: (a) Payment of a contribution for water and sewerage headworks at the following rate:
Release of Proposed Lots 1 & 2 as per plan MX-10268.00-C8.0 Rev B
Water Headworks (1 new lot) $ 12,610.50 Sewerage Headworks (2 new lots) $ 8,059.80 Total Payable $ 20,670.30
(ADDED BY MA0049/2019)
1g. The developer is to provide a water service and meter for each lot in the subdivision. This can be achieved by making a payment to Council of $1,844 per lot to cover the cost of installing both the service and a 20mm meter on the water main.
Release of Proposed Lots 1 & 2 as per plan MX-10268.00-C8.0 Rev B
Full Water Service 1 x $1,844 = $1,844 (Lot 2)
Note: Council does not permit other bodies to connect into ‘live’ water mains.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 8.2 69
(ADDED BY MA0049/2019)
GENERAL
The following conditions have been applied to ensure that the use of the land and/or building is carried out in a manner that is consistent with the aims and objectives of the environmental planning instrument affecting the land.
2. A new Restriction as to User be placed upon proposed lots 1 – 7 and 27 – 33 as per plan BK083 CONCEPT.dwg requiring all dwellings to be constructed in accordance with Category 2 Acoustic Treatment of Residences, Appendix C of the Department of Planning’s publication, Development near Rail Corridors and Busy Roads – Interim Guidelines as follows;
• Windows/ Sliding doors – Openable 6mm monolithic glass and full perimeter acoustic seals; • Timber frame or Cladding Construction – 6mm fibre cement sheeting or weatherboards or plank cladding externally, 90mm deep timber stud or 92mm metal stud, 13mm standard plasterboard internally with R2 insulation in wall cavity; • Brick veneer Construction – 110mm brick, 90mm deep timber stud or 92mm metal stud, minimum 50mm clearance between masonry and stud frame, 10mm standard plasterboard internally; • Double brick cavity Construction – 2 leaves of 110mm brickwork separated by 50mm gap; • Roof – Pitched concrete or terracotta tile or metal sheet roof with sarking, 10mm plasterboard ceiling fixed to ceiling joists, R2 insulation batts in roof cavity; • Entry door – 40mm solid core timber door fitted with full perimeter acoustic seals; • Floor – 1 layer of 19mm structural floor boards, timber joists on piers, or concrete slab on ground; • Ducted air conditioning and/or ventilation is to be provided to all living rooms and bed rooms.
(AMENDED MA0049/2019)
3. A Restriction as to User be placed upon proposed lots 3 – 7 and 27 – 33 as per plan BK083 CONCEPT.dwg stating no habitable buildings are to be located on the allotments within the area twenty five metres from the rail line without a full noise assessment being undertaken by an acoustic consultant and a report detailing findings and recommendations.
(AMENDED MA0049/2019)
4. A Restriction as to User be placed upon proposed lot 18 as per plan BK083 CONCEPT.dwg stating that multi dwelling housing is not permitted on the allotment due to non-compliance with Council’s DCP.
(AMENDED MA0049/2019)
PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE
5. Prior to development the applicant shall advise Council’s Development and Community Services Department, in writing, of any existing damage to Council property before commencement of works. The applicant shall repair (at their own expense) any part of Council’s property damaged during the course of this development in accordance with AUS-Spec #1/2 (as modified by Mid-Western Regional Council) and any relevant Australian Standards.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 70 REPORT 8.2
6. A Traffic Control Plan (TCP) completed by a “Certified Person” for implementation during works is to be submitted to Mid Western Regional Council prior to any work commencing.
7. A copy of the Contractor’s public liability insurance cover for a minimum of $20,000,000 is to be provided to Mid-Western Regional Council. All work is to be at no cost to Council.
8. A detailed engineering design (including but not limited to sediment and erosion control, sewer/water main extensions, drainage networks and road works) supported by plans, and an “Autocad compatible” Plan, (in dwg format including pen-map), material samples, test reports and specifications are to be prepared in accordance with AUS-SPEC #1 (as modified by Mid Western Regional Council) and the conditions of this development consent. The engineering design is to be submitted to and approved by Council prior to the issue of a Construction Certificate.
Note 1: Council will quote on connecting any sewer or water main extension to the existing “live” mains on receipt and approval of engineering plans.
Note 2: Council does not permit other bodies to insert new junctions into ‘live’ sewer mains.
9. The applicants shall, at their own expense, engage a registered surveyor to relocate any survey mark that may be disturbed by the development or any associated work. Any information regarding relocation should be supplied to the Land Titles Office and Council.
10. All works are to be constructed at the full cost of the developer, in a manner consistent with Aus-Spec #1 and Council’s standard drawings.
11. Prior to commencement of works, the submission of three possible street/road names in order of preference, for the proposed two (2) new roads within the subdivision, are to be submitted to Council for approval.
12. All finished surface levels shall be shown on the plans submitted for the Construction Certificate. Where it is proposed to import fill, the material shall be certified as free of hazardous materials and contamination by a suitably qualified geotechnical engineer. Fill placed in residential or commercial lots shall be compacted in accordance with AS3798- 2007 Guidelines on Earthworks for Commercial and Residential Developments.
13. The developer is to grant Council (or an Accredited Certifier on behalf of Council) unrestricted access to the site at all times to enable inspections or testing of the subdivision works. • The subdivision works are to be inspected by the Council (or Accredited Certifier on behalf of Council) to monitor compliance with the consent and the relevant standards of construction encompassing the following stages of construction: — Installation of sediment and erosion control measures — Water and sewer line installation prior to backfilling — Establishment of line and level for kerb and gutter placement — Road and driveway pavement construction (including excavation, formwork and reinforcement) — Road pavement surfacing — Practical completion
The contractor/owner must arrange an inspection by contacting Council's Development and Community Services Department between 8.00am and 4.30pm Monday to Friday, giving at least twenty four (24) hours notice. Failure to have the work inspected may result in the access being removed and reconstructed at the contractors/owners expense.
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14. The applicant is to submit a Drainage Report prepared in accordance with the Institution of Engineers publication Australian Rainfall and Run-off to the Principal Certifying Authority for approval prior to the release of the Construction Certificate. The report must demonstrate that stormwater runoff from the site is not increased beyond the existing undeveloped state up to and including a 1.5yr ARI. All storm water detention details including analysis shall be included with the drainage report.
STORMWATER DRAINAGE
15. A minimum of two (2) roof-water outlets per allotment are to be provided in the kerb and gutter at the time of installation of kerb and gutter. Such outlets shall be located near the projected line of allotment side boundaries.
16. All earthworks, filling, building, driveways or other works, are to be designed and constructed (including stormwater drainage if necessary) so that at no time will any ponding of stormwater occur on adjoining land as a result of this development.
17. Interallotment drainage is to be provided to remove stormwater from any lots that cannot discharge to the street in accordance with Aus Spec #1. Easements not less than 1m wide shall be created over interallotment drainage in favour of upstream allotments.
ROADS, KERBS AND VEHICULAR ACCESS
18. Street signs necessitated by the subdivision are to be installed in accordance with Aus- Spec #1 and Council standards.
19. All accesses must comply with Council’s Access Policy, AUSTROADS Part 4A and any other relevant RMS supplements.
20. The developer is to upgrade Fairydale Lane for the full frontage of the proposed subdivision, such that it has the following characteristics:
Item Requirement Half Road Pavement 5 m @ 3% crossfall Width Nature Strip (x1) 4.5 m Concrete Footpath (x1) 2.5m wide Seal Two-coat flush seal -14/7 mm (Double/ Double) as required Kerb & Gutter Roll back concrete kerb & gutter Subsoil Drainage Behind kerb if required Underground Drainage Where gutter flow exceeds 2.5m during minor events or adjacent to intersections.
21. The new roads in the subdivision are to be constructed in accordance with the following:
Item Requirement Road Reserve Width 18 m Pavement Width 9 m @ 3% crossfall Nature Strip (x2) 4.5 m
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Concrete Footpaths 1.2m wide (x1) Seal Two-coat flush seal -14/7 mm (Double/ Double) as required Kerb & Gutter Roll back concrete kerb & gutter Subsoil Drainage Behind kerb if required Underground Where gutter flow exceeds 2.5m during minor Drainage events or adjacent to intersections.
EARTHWORKS
22. If any aboriginal artefacts are uncovered or identified during construction earthworks, such work is to cease immediately and the local aboriginal community and National Parks and Wildlife Service are to be notified.
Note: The applicant should contact the Aboriginal Land Council and consult a suitably qualified individual to determine if artefacts were uncovered.
23. Runoff and erosion controls shall be installed prior to clearing and incorporate:- — diversion of uncontaminated upsite runoff around cleared and/or disturbed areas and areas to be cleared and/or disturbed; — sediment control fences at the downslope perimeter of the cleared and/or disturbed area to prevent sediment and other debris escaping from the land to pollute any stream or body of water; — maintenance of all erosion control measures at maximum operational capacity until the land is effectively rehabilitated and stabilized beyond the completion of construction.
WATER AND SEWER
24. The developer is to extend and meet the full cost of water and sewerage reticulations to service the development plus the cost of connecting to existing services. All water and sewerage work is required to be carried out in accordance with the requirements of Mid- Western Regional Council (as the Water Supply Authority under the Local Government Act,1993) and in accordance with the National Specification – Water & Sewerage Codes of Australia.
25. The applicant is to provide separate water and sewer reticulation services to each lot.
26. Three metre wide easements, including associated Section 88B of the Conveyancing Act 1919 instruments, are to be created in favour of Council over any existing or newly constructed water or sewerage reticulation components located within the subject property, or extended through adjoining private properties as a result of this subdivision.
PRIOR TO THE ISSUE OF THE SUBDIVISION CERTIFICATE – RELEASE 2
26a. Prior to the release of Lots 39, 40, 42 and 45, the ROW providing legal access to the rear dwelling on proposed Lot 2 is to be released.
(ADDED MA0049/2019)
27. Under the Environmental Planning & Assessment Act, 1979, a Subdivision Certificate is required before the linen plan of subdivision can be registered with the Land Titles Office. Note: The fee to issue a Subdivision Certificate is set out in Council’s Fees and Charges
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 8.2 73
28. A linen plan and two (2) copies are to be submitted to Council for approval and endorsement by the General Manager.
29. If the Subdivision Certificate is not issued, for any reason whatsoever, by the end of the financial year immediately following the date of determination, then the charges and contributions contained in this consent, may be increased to the current rate at the time of payment.
30. Underground electricity, street lighting and telecommunications are to be supplied to the subdivision.
31. Prior to issue of the Subdivision Certificate, Council is to be supplied with: • A certificate from the appropriate power authority indicating that satisfactory arrangements have been made for provision of electricity supply to the subdivision. • A certificate from the appropriate telecommunications authorities indicating that satisfactory arrangements have been made for provision of telephone services to the subdivision. • all contributions must be paid to Council and all works required by the consent be completed in accordance with the consent, or • an agreement be made between the developer and Council; • as to the security to be given to Council that the works will be completed or the contribution paid, and • as to when the work will be completed or the contribution paid.
32. Following completion of the subdivision works, one full set of work-as-executed plans, on transparent film suitable for reproduction, and an “Autocad compatible” work-as-executed Plan, (in dwg format including pen-map), is to be submitted to Council. All work-as- executed plans shall bear the Consulting Engineer's or Consulting Surveyor's certification stating that all information shown on the plans is accurate.
33. The developer must provide Council and land purchasers with a site classification for each lot within the subdivision. The classification is to be carried out at a suitable building site on each lot and is to be carried out by a NATA registered laboratory using method (a) of Clause of AS2870 - 2011. Results are to be submitted to Council prior to issue of the Subdivision Certificate.
34. In accordance with the provisions of section 94 of the Environmental Planning and Assessment Act 1979 and the Mid-Western Regional Council Section 94 Developer Contributions Plan, a contribution shall be paid to Council in accordance with this condition for the purpose of: SUBJECT TO CPI INCREASE
Rate per lot created, as per plan BK083 CONCEPT.dwg
Transport Management Traffic Management 1,282 Open Space Local Open Space 2,013 District Open Space 2,732 Community Facilities Library Buildings 263 Library Resources 316 Administration Plan Administration 614 Drainage Drainage Works 5,508
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TOTAL $12,728
Note: The two existing dwellings are exempt from paying S94 contributions
(AMENDED MA0049/2019)
35. The developer shall obtain a Certificate of Compliance under the Water Management Act. This will require: (a) Payment of a contribution for water and sewerage headworks at the following rate:
Rate per lot created, as per plan BK083 CONCEPT.dwg:
Price per small lot, 650m2 Water Headworks $ 6,305 Sewerage Headworks $ 2,879 Total Payable $ 9,184
Price per medium lot, 650m2 1200m2 Water Headworks $ 8,407 Sewerage Headworks $ 3,838 Total Payable $ 12,245
Price per large lot, >1200m2 Water Headworks $ 12,611 Sewerage Headworks $ 4,030 Total Payable $ 16,641
Note: The two existing dwellings are exempt from paying Water Headworks within this release
Note: One of the existing dwellings is exempt from paying Sewer Headworks within this release
(b) The adjustment of existing services or installation of new services and meters, as required, in compliance with Australian Standard 3500: National Plumbing and Drainage Code. All costs associated with this work shall be borne by the developer.
(AMENDED BY MA0049/2019)
36. The developer is to provide a water service and meter for each lot in the subdivision. This can be achieved by making a payment to Council of $1650 $1,844 per lot to cover the cost of installing both the service and a 20mm meter on the water main.
TOTAL PAYABLE 44 x $1650 = $72,600
Note: Council does not permit other bodies to connect into ‘live’ water mains.
(AMENDED BY MA0049/2019)
37. Where the water service has been provided by the developer. The developer is to provide a
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water meter for each lot in the subdivision. This can be achieved through providing a water service ending with a lockable ball valve to each lot and make a payment to Council of $370 $390 per lot to cover the cost of a 20mm meter and installation.
TOTAL PAYABLE 44 x $370 = $16,280
Release of proposed lots as per plan BK083 CONCEPT.dwg
Water meter only 43 x $390 = $16,770 Less $1,844 paid for proposed Lot 2 in Release No. 1
Note: Council does not permit other bodies to connect into ‘live’ water mains. Note: The water meters for the two existing dwellings will be replaced with smart meters by Council.
(AMENDED BY MA0049/2019)
38. The developer is to provide a sewer junction for each dwelling lot in the subdivision. This can be achieved by making a payment to Council of $1,450.00 $1,700 per new junction to cover the cost of Council installing a junction in an existing main.
Note: Council does not permit other bodies to connect into ‘live’ water mains.
(AMENDED BY MA0049/2019)
39. (ADDED TO CONDITIONS 1E AND 30 BY MA0049/2019)
STATEMENT OF REASONS
1. The proposed development complies with the requirements of the applicable environmental planning instruments and Mid-Western Regional Development Control Plan 2013.
2. The proposed development is considered satisfactory in terms of the matters identified in Section 4.55(1A) of the Environmental Planning and Assessment Act 1979.
3. The proposed development is considered satisfactory in terms of the matters identified in Section 4.15 of the Environmental Planning and Assessment Act 1979.
Executive summary
OWNER/S Mr Gregory Murkins & Mrs Leigh Murkins APPLICANT: Mr Gregory Murkins & Mrs Leigh Murkins PROPERTY DESCRIPTION 17-29 Fairydale Lane MUDGEE PROPOSED DEVELOPMENT 45 Lot Residential Subdivision (Logan Estate) ESTIMATED COST OF DEVELOPMENT: $800K REASON FOR REPORTING TO COUNCIL: Prior Applications for Modifications Determined by Council PUBLIC SUBMISSIONS: Nil
Council granted consent to Development Application DA0249/2014 for the subdivision of land to create 45 residential allotments at 17-29 Fairydale Lane MUDGEE, being Lot 2 DP538790. The original application was determined by Council at the 21 May 2014 Council meeting.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 76 REPORT 8.2
The original development consent approved two stages;
Stage 1 - Lots 1 to 16 and the residue allotment (including existing dwelling at 29 Fairydale Lane) Stage 2 - Lots 17 to 45 (including existing dwelling at 17 Fairydale Lane)
Council granted a Construction Certificate for the Civil Engineering works on 5 October 2018.
Council is now in receipt of a Section 4.55(1A) Application to modify DA0249/2014. The modification (MA0049/2019) proposes to amend the delivery/staging of the 45 lots, as follows:
1. Release No. 1 – Proposed Lot 1 which will include the two existing dwellings, associated septic systems and trenches comprising of 7,856m2 (this is made up of future Lots 16, 17, 18, 19, 20 and 21 from the original approved plan) and proposed Lot 2 being the remaining residual land comprising of 43,664m2. 2. Release No. 2 – Subdivision of the land as per the original approved plan.
The two existing dwellings located within proposed Lot 1 comply with the essential services requirements as per clause 6.9 of Council’s Local Environmental Plan 2012 (LEP 2012), however, throughout construction of the residual land, some existing services for both dwellings will be re- located to ensure they are located within the new allotment boundaries.
The proposed modification was notified to adjoining neighbours, no submissions were received during the notification period.
The proposed development has been assessed in accordance with Council’s LEP and DCP and the modifications proposed are considered to be generally consistent with Council’s planning controls.
The application is recommended for approval.
Disclosure of Interest
Nil
Detailed report
The application has been assessed in accordance with Section 4.55(1A) of the Environmental Planning & Assessment Act 1979. The main issues are addressed below.
Modification (MA0049/2019) proposes to amend the delivery/staging of the 45 lots, through the creation of Lot 1 and Lot 2. Lot 1 will contain the existing dwellings (x2) and associated infrastructure/services, and will be retained by the current owner. Lot 2, once created will be sold to a private developer, for the delivery of the subdivision.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 8.2 77
Figure 1 – Proposed Release 1
REQUIREMENTS OF REGULATIONS AND POLICIES
4.55(1A) Modifications involving minimal environmental impact (1A) Modifications involving minimal environmental impact A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if: (a) it is satisfied that the proposed modification is of minimal environmental impact, and Comment The proposal to modify the staging in which the development can be released and registered is considered to be of a minor nature. The number and configuration of the subdivision will be as that originally approved.
(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and
Comment Council is satisfied that the proposed modification is substantially the same development. The number and configuration of the subdivision will be as that originally approved, the modification is purely modifying the staging/delivery.
(c) it has notified the application in accordance with: (i) the regulations, if the regulations so require, and (ii) a development control plan,
Comment The S4.55(1A) Application was notified to adjoining neighbours.
(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.
Comment No submissions were received.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 78 REPORT 8.2
(3) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15 (1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.
Comment All matters under Section 4.15(1) of relevance to the modification are addressed below.
(4) The modification of a development consent in accordance with this section is taken not to be the granting of development consent under this Part, but a reference in this or any other Act to a development consent includes a reference to a development consent as so modified.
Comment Noted.
4.15(1)(a) Evaluation (i) Do any environmental planning instruments (SEPP, REP or LEP) apply to the land to which the Application relates?
The proposed modification does not alter the proposal’s compliance with the relevant State Environmental Planning Policies, or Mid-Western Regional Local Environmental Plan 2012. No new considerations were required to be addressed as a result of the proposed modification. (ii) Do any draft environmental planning instruments (EPI) apply to the land to which the Application relates?
No draft environmental planning instruments apply to the land to which the Modification Application relates. (iii) Do any development control plans apply to the land to which the Application relates?
Mid Western Regional Development Control Plan 2013
The original development was considered against the relevant chapters and sections of this DCP. The proposed modification does not give rise to any issues that need to be considered/reconsidered.
Mid-Western Regional Development Contributions Plan 2005–2021
The original application was levied with S94 contributions and the existing conditions will be modified to include a per lot price instead of a price per stage.
Section 94 Contributions Per Lot Transport Management Traffic Management $ 1,282.00 Open Space Local Open Space $ 2,013.00 District Open Space $ 2,732.00
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 8.2 79
Community Facilities Library Buildings $ 263.00 Library Resources $ 316.00 Drainage Drainage Works $ 5,508.00 Administration Plan Administration $ 614.00 Total per lot $ 12,728.00
Note: Proposed Lot 1 containing the existing dwellings is exempt from the payment of Section 94 Developer Contributions as Section 94A charges had been applied and paid for in connection with the Dual Occupancy development under development consent DA1040/2006.
Water/Sewer Developer Service Plans
Pursuant to Council’s Development Servicing Plan for water and sewer supply, developer contributions are applicable to each new vacant lot. A condition was imposed on the development for the payment of contributions. Conditions relating to headworks have been altered to provide a price per vacant lot, rather than an overall price per the previous staging plan.
The developer shall obtain a Certificate of Compliance under the Water Management Act. This will require:
(a) Payment of a contribution for water and sewerage headworks at the following rate:
Price per small lot, 650m2 Water Headworks $ 6,305 Sewerage Headworks $ 2,879 Total Payable $ 9,184
Price per medium lot, 650m2 1200m2 Water Headworks $ 8,407 Sewerage Headworks $ 3,838 Total Payable $ 12,245
Price per large lot, >1200m2 Water Headworks $ 12,611 Sewerage Headworks $ 4,030 Total Payable $ 16,641
Note: The existing dwellings are exempt from the payment of Section 64 Water Contributions as a credit would apply to the original dwelling, and Section 64 Water Headworks charges had been levied and paid for in connection with the Dual Occupancy development (DA1040/2006). Section 64 Sewer Headworks charges were not applied to the Dual Occupancy development – as sewer was not available, therefore contributions for all lots are applicable.
A new water meter will be charged for each new allotment. Council is currently replacing all water meters with smart meters free of charge to existing dwellings where there is already a water meter, therefore, the existing dwellings should be exempt from paying for the relocation of the water meters when the new infrastructure is constructed.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 80 REPORT 8.2
(iiia) Do any planning agreement or any draft planning agreement apply?
No Planning Agreements are applicable.
(iv) The regulations
Environmental Planning and Assessment Regulation 2000
No matters prescribed by the Regulations impact determination of the Application.
4.15(1)(b) Likely impacts of the development The proposed changes are not likely to significantly increase any impacts that were expected by the original development and subsequently, the modification application is considered to be of minimal impact. The modification seeks to change the delivery of the subdivision, and not the number or configuration of the development.
4.15(1)(c) Suitability of Site for the Development (a) Does the proposal fit in the locality?
Yes, the proposed development remains suitable for the site and the locality.
4.15(1)(d) Any submissions made in accordance with Act or Regulations (a) Public Submissions
Section 1.12 of the DCP 2013 (Community Consultation) does not require notification or advertising of S4.55 Applications.
Notwithstanding this, as the original development application was notified, the proposed modification was also notified. No submissions were received during the notification period.
(b) Submissions from Public Authorities
No submissions were sought or received from public authorities.
4.15(1)(e) The Public Interest (a) Federal, State and Local Government interests and Community interests
No significant issues in the interests of the public are expected as a result of the proposed modification to the development consent.
CONSULTATIONS
Health & Building Council’s Health and Building Surveyor provided comments with regards to the setbacks for the proposed new allotment boundaries from the existing dwellings, septic systems and associated trenches. The applicants were contacted to amend the modification plan to include additional land to capture the trenches and setback areas.
Development Engineer Council’s Development Engineer reviewed and provided comments with regards to the Modification Application and servicing of the amended staging plan.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 8.2 81
Heritage Advisor No consultation necessary.
Community Plan implications
Theme Looking After Our Community Goal Vibrant towns and villages Strategy Make available diverse, sustainable, adaptable and affordable housing options through effective land use planning
Strategic implications
Council Strategies Not applicable
Council Policies Mid-Western Development Control Plan 2013 Mid-Western Regional Local Environmental Plan 2012
Legislation Environmental Planning and Assessment Act 1979 (as amended) Environmental Planning and Assessment Regulations 2000
Financial implications
Not applicable.
Associated Risks
Should Council refuse the application, the applicant may seek a further review of this decision or appeal through the Land & Environment Court.
KIM ORTH LINDSAY DUNSTAN TOWN PLANNER MANAGER, STATUTORY PLANNING
JULIE ROBERTSON DIRECTOR DEVELOPMENT
26 June 2019
Attachments: 1. Attachment 1 - Amended Plan Release No. 1. 2. Attachment 2 - Approved Plan.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 82 REPORT 8.2 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 8.2 – ATTACHMENT 1 83
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 84 REPORT 8.2 – ATTACHMENT 2
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 8.3 85
8.3 Temporary Suspension of Alcohol Free Zone Market Street Mudgee for Flavours of Mudgee 2019
REPORT BY THE MANAGER, HEALTH AND BUILDING TO 17 JULY 2019 ORDINARY MEETING GOV400066, GOV400054, GAV400043, A0130008
RECOMMENDATION
That Council:
1. receive the report by the Manager, Health and Building on the Temporary Suspension of Alcohol Free Zone Market Street Mudgee for Flavours of Mudgee 2019; and
2. suspend the Alcohol Free Zone for the nominated locations within Market Street and Church Street between the hours of 4pm to 9pm on Saturday 28 September for the purposes of the Flavours of Mudgee Street Festival 2019.
Executive summary
The purpose of this report is to seek the temporary suspension of the Alcohol Free Zone in Market Street (between Lewis and Perry Streets) along with sections of Church Street (between Short and part way to Mortimer Street) in order to host the Flavours of Mudgee 2019 Street Festival. Maps confirming the festival areas are attached to this report.
It is proposed that this temporary suspension will occur on Saturday 28 September 2019 between the hours of 4pm and 9pm. The service of alcohol will cease at 8pm and this will be enforced by Mudgee Police. The temporary suspension period is requested to extend through to 9pm to account for people to finish drinks purchased before the 8pm service shut off.
Security staff will be engaged to monitor the event. There will be nine security staff. Five will be primarily located at all entry points to ensure that the consumption of alcohol is restricted to this approved area. A further two will be roving security staff and another two operating as RSA marshals.
The Mudgee Police have been contacted and have no objections.
Disclosure of Interest
The Flavours of Mudgee Street Festival is part of the 2019 Mudgee Wine and Food Festival. The event will see the Mudgee CBD come alive with the flavours of our region and give visitors and locals the chance to experience local wine, food and produce in a festival atmosphere.
Mid-Western Regional Council will be closing Market Street, between Lewis and Perry Streets and Church Street, between Short and Mortimer Streets from 12pm on Saturday 28 September 2019. The area will be closed only to vehicles with pedestrian access not being affected. The event will commence at 4pm and run until approximately 8pm. It is expected that Market Street will re-open by 10pm. Please see attached event area map for your reference.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 86 REPORT 8.3
In order for this event to occur the Alcohol Free Zone located in this area is required to be temporarily suspended.
Council Staff have discussed this suspension with Mudgee Police who have no objections.
It is proposed that security staff will be placed at each end of the festival to ensure that the consumption of alcohol is restricted to the area of Market Street identified in this report.
Community Plan implications
Theme Building a Strong Local Economy Goal An attractive business and economic environment Strategy Promote the Region as a great place to live, work, invest and visit
Strategic implications
Council Strategies Not Applicable.
Council Policies Not Applicable.
Legislation Section 645, Part 4, Chapter 16 of the Local Government Act 1993
Financial implications
Not Applicable.
Associated Risks
There is a risk of alcohol related incidents; however, this risk is mitigated by the presence of the NSW police force, additional security staff and the RSA obligations of individual stallholders.
JOSH BAKER JULIE ROBERTSON MANAGER, HEALTH AND BUILDING DIRECTOR DEVELOPMENT
4 June 2019
Attachments: 1. Application to Suspend Alcohol Free Zones - Flavours of Mudgee 2019. 2. Alcohol Management Plan - Flavours of Mudgee 2019.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 8.3 – ATTACHMENT 1 87
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 88 REPORT 8.3 – ATTACHMENT 2
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 8.3 – ATTACHMENT 2 89
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 90 REPORT 8.4
8.4 Monthly Development Applications Processing and Determined
REPORT BY THE DIRECTOR DEVELOPMENT TO 17 JULY 2019 ORDINARY MEETING GOV400067,
RECOMMENDATION
That Council receive the report by the Director Development on the Monthly Development Applications Processing and Determined.
Executive summary
The report presented to Council each month is designed to keep Council informed of the current activity in relation to development assessment and determination of applications. Disclosure of Interest
Nil.
Detailed report
Included in this report is an update for the month of June 2019 Development Applications determined and Development Applications processing. The report will detail: • Total outstanding development applications indicating the proportion currently being processed and those waiting for further information • Median and average processing times for development applications • A list of determined development applications • Currently processing development applications and heritage applications
Community Plan implications
Theme Looking After Our Community Goal Vibrant towns and villages Strategy Maintain and promote the aesthetic appeal of the towns and villages within the Region
Strategic implications
Council Strategies Not Applicable
Council Policies Not Applicable
Legislation Not Applicable
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 8.4 91
Financial implications
Not Applicable
Associated Risks
Not Applicable
JULIE ROBERTSON DIRECTOR DEVELOPMENT
2 July 2019
Attachments: 1. Monthly Development Applications Processing and Determined - June 2019.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 92 REPORT 8.4 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 8.4 – ATTACHMENT 1 93
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 94 REPORT 8.4 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 8.4 – ATTACHMENT 1 95
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 96 REPORT 8.4 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 8.4 – ATTACHMENT 1 97
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 98 REPORT 9.1
Item 9: Finance
9.1 Monthly Statement of Investment and Bank Balances as at 30 June 2019
REPORT BY THE MANAGER FINANCIAL PLANNING TO 17 JULY 2019 ORDINARY MEETING GOV400067, FIN300053
RECOMMENDATION
That Council:
1. receive the report by the Manager Financial Planning on the Monthly Statement of Investment and Bank Balances as at 30 June 2019; and
2. note the certification of the Responsible Accounting Officer.
Executive summary
The purpose of this report is to certify that Council’s investments have been made in accordance with legal and policy requirements, provide information on the detail of investments and raise other matters relevant to Council’s investment portfolio as required.
Disclosure of Interest
Nil.
Detailed report
The attachment to this report provides information on the performance of the portfolio and provides a register of all investments held as at 30 June 2019.
As shown in the attachment the portfolio balance increased by $3 million. From this increase, $3.385 million is due to the advance payment on 18 June of the first and second quarter Financial Assistance Grant for the 2019/20 financial year.
It is also noted that at the time of publication of this report the monthly statement balances for TCorp’s Long-Term Growth Fund and Medium Term Growth Funds were not finalised. These balances may be subject to change and will be reported to the next Council meeting if the finalised balances vary.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 9.1 99
Community Plan implications
Theme Good Governance Goal An effective and efficient organisation Strategy Prudently manage risks association with all Council activities
Strategic implications
Council Strategies Not applicable.
Council Policies Council’s Investments Policy requires a written report each month setting out the entire investment portfolio.
Legislation As per Clause 212 of the Local Government (General) Regulation 2005, the Responsible Accounting Officer certifies that:
a) this report sets out details of all money that the Council has invested under Section 625 of the Act, and
b) all investments have been made in accordance with the Act, the regulations and Council's investment policies.
Financial implications
Not applicable.
Associated Risks
Not applicable.
NEIL BUNGATE LEONIE JOHNSON MANAGER FINANCIAL PLANNING CHIEF FINANCIAL OFFICER
1 July 2019
Attachments: 1. Investment Report June 2019.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 100 REPORT 9.1 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 9.1 – ATTACHMENT 1 101
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 102 REPORT 9.1 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 9.1 – ATTACHMENT 1 103
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 104 REPORT 9.2
9.2 Community Grants Program
REPORT BY THE MANAGER FINANCIAL PLANNING TO 17 JULY 2019 ORDINARY MEETING GOV400067, FIN300159
RECOMMENDATION
That Council:
1. receive the report by the Manager Financial Planning on the Community Grants Program;
2. provide financial assistance to the following applications in accordance with the criteria and guidelines of the Community Grants Policy;
The Business Concierge LTD 2,000
Western Region Academy of Sport Inc (WRAS) 1,397
Pyramul Sports Club 4,000
Kandos branch of Country Women's Association of NSW 1,122
Kandos branch of Country Women's Association of NSW 1,414
Kandos Museum Inc. 850
Mudgee Lions Club Inc. 230
3. decline to provide financial assistance to the following applicants, for the reasons provided in the report;
Cudgegong Valley Public School P&C
Mudgee Region Dragon Boat Club Inc.
Executive summary
This report considers requests for financial assistance under Council’s Community Grants Program Policy.
Provision is made in Council’s Community Grants Program Policy to provide financial assistance to not-for-profit community-based organisations, groups and individuals that offer a significant contribution to community outcomes and goals as provided in the Towards 2030 Community Plan.
All applications were first reviewed for eligibility and then assessed by a panel of three staff against the following criteria relative to the amount of funding requested:
• Degree of benefit to the community aligned with the community plan • Level of consultation and collaboration with other local groups
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 9.2 105
• Organisational capacity to deliver the program or project
Even though an application meets the criteria it may be judged that there is not a significant enough benefit to the community in order to fund or fully fund the request.
A summary of each application is shown below, together with panel recommendations.
Applicant Project/Activity Funding Total Recommended Request Score Funding $ $ out of 9 The Business Survivor Life Skills 2,500 6 2,000 Concierge LTD Western Region Annual operation of the 1,397 5 1,397 Academy of Sport Inc Western Region Academy of (WRAS) Sport (WRAS) Pyramul Sports Club Repairs to Pyramul Memorial 23,600 6 4,000 Hall Toilets Kandos branch of Reimbursement of council 1,122 9 1,122 Country Women's rates 2018-2019 Association of NSW Kandos branch of Reimbursement of council 1,414 9 1,414 Country Women's fees: development and Association of NSW construction approvals Cudgegong Valley Equipment for CVPS Multi 8,330 - - Public School P&C Sports Court Kandos Museum Inc White on Brown Signs 1,013 6 850 Mudgee Lions Club Family Fun Day 230 6 230 Inc Mudgee Region Supply and install double 1,500 3 - Dragon Boat Club Inc gates into the storage yard for the Dragon Boat
Disclosure of Interest
Nil
Detailed report
The information provided below gives more detail on each application and the scoring against the policy criteria. Copies of all applications are provided as attachments to the report.
The Business Concierge LTD Howard Smith wishes to provide programs to High Schools and Primary School in order to teach finance literacy skills, interview and employment and other life skills not covered in the school curriculum. There are 60 subjects schools can choose from based on the needs of the schools and students. The program will allow for better trained and better educated young people as they venture beyond the protective walls of the Schooling system. Link to Community Plan: 3.3.1 Support projects that create new jobs in the Region and help to build a diverse and multi-skilled workforce, 3.3.2 Build strong linkages with institutions providing education, training and employment pathways in the Region
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 106 REPORT 9.2
RECOMMENDATION: $2,000
Western Region Academy of Sport Inc. (WRAS) Western Region Academy of Sport Inc. (WRAS) has requested $1,397 to support their operation. WRAS provides high level coaching, education, injury prevention programs and high performance camps/competitions for pre-elite junior athletes. WRAS eliminates the disadvantages regional athletes face compared to their city counterparts. WRAS runs programs for AFL, basketball, cycling, golf, harness racing, hockey, netball, swimming and individual athletes.
Link to Community Plan: 1.1.3 Support networks, program and facilities which promote health and wellbeing and encourage healthy lifestyles RECOMMENDATION: $1,397
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 9.2 107
Pyramul Sports Club Mudgee Bridge Club is requesting $23,600 to replace the toilet facilities at Pyramul Memorial Hall. The existing toilets are outside in a demountable. The new toilet will be put inside the hall in an old “Cloak Room” with new plumbing, water tank, pressure pump, plumbing and sewer.
Link to Community Plan: Strategy 1.3.1 Provide infrastructure and services to cater for the current and future needs of our community, 1.4.1 Support programs which strengthen the relationships between the range of community groups RECOMMENDATION: $4,000
Kandos branch of Country Women's Association of NSW Kandos branch of Country Women's Association of NSW has requested to reimburse the council rates of 2018/19 for the Kandos CWA rooms. The rooms are used by the CWA and other local community groups.
Link to Community Plan: Strategy 1.3.1 Provide infrastructure and services to cater for the current and future needs of our community, 1.4.1 Support programs which strengthen the relationships between the range of community groups RECOMMENDATION $1,122
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 108 REPORT 9.2
Kandos branch of Country Women's Association of NSW Kandos branch of Country Women's Association of NSW has requested to reimburse development approval, construction certificate and S68 certificate for the recently completed upgrade of Kandos CWA rooms and kitchen. The rooms and kitchen are used by the CWA and other local community- based groups.
Link to Community Plan: Strategy 1.3.1 Provide infrastructure and services to cater for the current and future needs of our community, 1.4.1 Support programs which strengthen the relationships between the range of community groups RECOMMENDATION: $1,414 Kandos Museum Inc. Kandos Museum Inc. has requested the Council to install 3 “Brown on White” sign in Kandos bearing the words “Kandos Museum” and indicating the direction of the museum. These signs would be ordinarily be installed by Council under a private works agreement. The recommendation is to install the requested signs at no cost to Kandos Museum. The estimate to do this is $850.
Link to Community Plan: 3.1.1 Support the attraction and retention of a diverse range of businesses and industries, 1.2.1 Respect and enhance the historic character of our Region and heritage value of our towns RECOMMENDATION: $850
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 9.2 109
Mudgee Lions Club Inc
Mudgee Lions Club Inc. has requested a family season pass of the swimming pool from the Council for the Family Fun Day.
The Family Fun Day offers an opportunity for families to have a day out at minimal cost - $5 per entry or $15 a Family of 4. There is nothing more to pay and for that money they have access to games, food, drinks, prizes, books and a lucky draw.
Link to Community Plan: 1.1.3 Support networks, program and facilities which promote health and wellbeing and encourage healthy lifestyles RECOMMENDATION $230
Mudgee Region Dragon Boat Club Inc. Mudgee Region Dragon Boat Club Inc. has requested for $1,500 to install double gates into the storage yard for the Dragon Boat. Currently the club members have to move the Dragon Boat up a hill at a difficult angle to the storage space. They request to install another double gate at a straight angle in the existing fence.
Link to Community Plan: Nil RECOMMENDATION Nil
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 110 REPORT 9.2
Cudgegong Valley Public School P&C
Cudgegong Valley Public School P&C has requested $8,330 to supply equipment for multi-purpose sports court at Cudgegong Valley Public School.
Cudgegong Valley Public School P&C has been fundraising for a multi-purpose sport court for two years. They have successfully raised $70,000 for the construction of the court. This application is for the cost of the required equipment, which includes the reversible basketball/netball hoops and the volleyball fixtures.
This project is in the area of education, which is under the responsibility of the NSW State Government. According to the Community Grant Program Policy, Mid-Western Regional Council does not provide grants for programs that typically fall under the responsibility of another level of government.
RECOMMENDATION Not eligible
Community Plan implications
Theme Good Governance Goal An effective and efficient organisation Strategy Pursue efficiencies and ongoing busines improvement
Strategic implications
Council Strategies Not Applicable
Council Policies Recommendations are made under the Community Grants Program Policy.
Legislation In accordance with the Local Government Act 1993 Section 356 granting of financial assistance must be approved by a Council resolution.
Financial implications
Funding of $110,000 is provided in the Operational Plan for Financial Assistance.
Should Council approve the recommendations in the report, a balance of $98,987 will remain.
Associated Risks
Not applicable
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 9.2 111
NEIL BUNGATE LEONIE JOHNSON MANAGER FINANCIAL PLANNING CHIEF FINANCIAL OFFICER
2 July 2019
Attachments: 1. Community Grants Applications - May 2019. (separately attached)
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 112 REPORT 10.1
Item 10: Operations
10.1 RFT 2018/27 Wet & Dry Plant Hire Tender
REPORT BY THE DIRECTOR OPERATIONS TO 17 JULY 2019 ORDINARY MEETING GOV400067, COR400201
RECOMMENDATION
That Council:
1. receive the report by the Director Operations on the RFT 2018/27 Wet & Dry Plant Hire Tender;
2. decline to accept any of the tenders with respect to RFT 2018/27 Wet & Dry Plant Hire, in accordance with Clause 178(1)(b) of Local Government (General) Regulations 2005, as a satisfactory response from the market was not achieved;
3. invite fresh tenders based on amended details, in accordance with Clause 178(3)(b) of Local Government (General) Regulations 2005;
4. continue to use the existing preferred supplier list, with the suppliers agreement, until a new tender is adopted by Council; and
5. notify tenderers of the outcome.
Executive summary
Tenders were called for the establishment of a preferred list of suitable contractors to provide plant hire services for over 90 different categories of plant for Council’s operational needs.
The tendering process was initiated and a Procurement Plan and Tender Evaluation Plan were developed. A Tender Assessment Panel was formed, comprising representatives from the most relevant departments within Council.
Disclosure of Interest
All panel members signed a declaration prior to the tender process indicating no disclosure of interest.
Detailed report
The terms of the contract were for the supply of wet and dry plant hire services for an initial twelve month period, with an optional twelve month extension period. This contract did not provide the opportunity for suppliers to rise or fall their tendered values, however, it did allow for CPI increases to original tendered rates.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 10.1 113
Advertised
Open to Market: 13 May 2019 Closed: 5 June 2019 23 days in total
The above tender was advertised in the:
• Mudgee Guardian on Friday 10 May 2019 • Council’s e-Tendering portal – VendorPanel 13 May 2019 • Sydney Morning Herald Tuesday 14 May 2019 • Information regarding this tender was published on Council’s Website 13 March 2019
Tenders Received:
Sixty Four tenders received were as follows (in alphabetical order):
Via VendorPanel:
• A1 Earthworx Mining and Civil • Accurate Asphalt & Road Repairs Pty Ltd • Advance Sweepers • Altro Holdings Pty Ltd • A Plant Equipment • Barnes Auto Co Australia Pty Ltd • Bennetts Towing • Box Trim Earthmoving Contractors • Brooks Hire Service Pty Ltd • Bunyan Earthmoving • Central West Water Carts Pty Ltd • Coates Hire Operations Pty Ltd • Cobra Plant & Crane Hire Pty Ltd • Conplant Pty Ltd • Corey’s Clean-up and Removals • Cutting Edge Earthmoving & Excavations • DF & D Stewart Pty Ltd • Dick’s Diggers Excavator Hire Pty Ltd • Downer EDI Works Pty Ltd • Earth Plant Hire Pty Ltd • Egans Plant Hire Pty Ltd • Ezyquip Hire Pty Ltd • Freo Group Pty Ltd • Gucci Construction Services Pty Ltd • Henry Plant & Equipment Hire Pty Ltd • J.R. & E.G. Richards (N.S.W.) Pty Ltd • Kennards Hire Pty Ltd • King Hire & Trailers • McWhelan Pty Ltd (t/a Vacsafe) • Miskle Transport & Earthmoving • Mudgee Cranes • North Sheridan Pty Ltd (t/a Tutt Bryant Hire) • North West Services Pty Ltd • Norwest Plant Hire Pty Ltd
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 114 REPORT 10.1
• Pipe Management Australia Pty Ltd • PJL Constructions Complete Mine Services and Solutions • PJM Machinery Pty Ltd • PremiAir Hire • R & J Andrews Engineering + Bobcat & Tipper Hire • Rent A Fence Pty Ltd • Richard John Tonkin • Rollers Australia • Rosmech Sales & Service Pty Ltd • SKSTBL Pty Ltd (t/a Castlereagh Contracting Services) Solo Resource Recovery • Stabilco Pty Ltd • Stabilcorp Pty Ltd • Stabilised Pavements of Australia Pty Ltd • Surefleet Australia • TFH Hire Services Pty Ltd • The Mining Pty Ltd • The Trustee for Down 2 Earth Earthworx Trust • Total Drain Cleaning Services Pty Ltd • Troy Kurtz Earthworks • Ulan Water Pty Ltd • Wellington Plant Hire • ZP Waste Pty Ltd (t/a Williams Liquid Waste Service)
Via Tender box:
• Adrian Ingram Plant Hire Pty Ltd • Andrew Turner Excavations • C & M Box Constructions Pty Ltd • JH & C Evans • Rambo Earthworks Pty Ltd • Strait Up Projects Pty Ltd • Terros Transport Pty Ltd
Discussion
The previous wet & dry tender expired on the 19 December 2018. Correspondence was sent via email to all existing suppliers requesting permission to extend the existing contract to 31 March 2019, the opportunity was given for them to review their rates for the extension period and also recommending they register on Council’s MarketPlace to assist with notification of the renewal tender.
The initial extension period was due to staff illness and the exiting of a senior engineering staff member. The introduction of a new position within the Operations department and changes to the tendering process delayed the new tender a second time and it did not get advertised until May 2019. There was no correspondence from Council since the original email in September 2018.
There were 64 responses to the tender advertised in May. It has come to Council’s attention that at least 5 local organisations missed the calling for tenders. Council were able to identify the following issues:
• There is expectation from our existing service providers to maintain communications with regards to expiring, extended and upcoming tenders which did not occur.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 10.1 115
• The previous tender was advertised through the e-tendering portal Tenderlink, however this Tender was advertised through the VendorPanel MarketPlace. This caused confusion to some Service Providers. It is also evident that some Service providers missed the detail in the email dated 6 September recommending registration or didn’t understand it’s significance. • The influx of Service Providers outside of our LGA – both Dubbo and Lithgow Council’s have recently adopted VendorPanel MarketPlace to assist with the management of tenders and quotations, hence the visibility of our tender to these suppliers which previously did not happen unless they were registered under the Mid-Western Regional Council Portal in Tenderlink.
Should fresh tenders be called, Council will review the Request for Tender documentation to ensure it is appropriate and provides sufficient detail for Council to make an informed evaluation of tenderers. The intension is to also provide a much easier process for our tenderers. Council also acknowledges that tender responses cost service providers both financially and time, however, we have an obligation to obtain the best ‘value for money’ option for our ratepayers and unfortunately RFT2018/27 would not provide this outcome.
Community Plan implications
Theme Building a Strong Local Economy Goal A prosperous and diversified economy Strategy Encourage the development of a skilled and flexible workforce to satisfy local industry and business requirements
Strategic implications
Council Policies Procurement Policy Local Preference Policy
Legislation Local Government Act 1993 Local Government (General) Regulation 2005
Financial implications
There are no financial implications, as no budget variation is required.
GARRY HEMSWORTH DIRECTOR OPERATIONS
1 July 2019
Attachments: Nil
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 116 REPORT 10.2
10.2 Draft Pressure Sewer System Policy and Fees for Backlog Sewerage Schemes
REPORT BY THE MANAGER, WATER AND SEWER TO 17 JULY 2019 ORDINARY MEETING GOV400067, SEW200040
RECOMMENDATION
That Council:
1. receive the report by the Manager, Water and Sewer on the Draft Pressure Sewer System Policy and Fees for Backlog Sewerage Schemes; and
2. place the draft Pressure Sewer System Policy on public exhibition for 28 days to receive any public submissions;
3. adopt the Pressure Sewer System Policy if no submission are received; and
4. place on public exhibition for 28 days, the following new Fees and Charges. If no submissions are received following public exhibition Council adopt the Fees and Charges below and include them in the Fees and Charges Schedule:
4.1 Pressure Sewerage Backlog Contribution Fee - $1500.00
Executive summary
Council does not have any existing pressure sewerage schemes and as such, a Policy needs to be established to detail: • the circumstances where pressure sewers may be considered as part of Council’s sewerage systems in the future; and, • the responsibilities of Council’s staff, its contractors as well as property owners through the phases of a backlog pressure sewerage scheme implementation.
In the case of backlog sewerage schemes, Council is the developer and as such, Council’s established fees and charges including Development Servicing Plan contributions (Section 64 contributions) and sewer connection fees are not applicable. It is recommended that Council establish a fee associated with individual property connection to a backlog sewerage scheme to contribute to the costs associated with implementation of the scheme including any required upgrade or rectification works to property internal electrical and house drainage lines.
This report presents a draft Policy and fees associated with backlog pressure sewer schemes. The intention is to implement an adopted Policy and fees for the design and construction of Charbon Sewerage Scheme during 2019/20.
Disclosure of Interest
Nil
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 10.2 117
Detailed report
Draft Policy
The objectives of the attached draft Policy are to: • Detail the circumstances where pressure sewers may be considered as part of Council’s sewerage system; as well as, • Provide direction to property owners, Council staff and contractors as to the responsibilities each party has through the phases of a backlog pressure sewerage scheme implementation.
The intention is to adopt a Policy for use during the implementation of the Charbon Sewerage Scheme, a Council project programmed for completion during 2019/20.
An adopted Policy also provides direction to any potential future backlog pressure sewerage schemes.
Proposed Fees
It is recommended that Council adopt a Pressure Sewerage Backlog Contribution Fee that customers pay towards the cost of Council bringing sewerage infrastructure to their area.
In the case of setting the proposed fee for 2019/20, consideration has been given to the Tender of Pressure Sewer Services Australia in which Council has accepted that the contractor will undertake on-property installation works including undertaking required upgrades and rectification of defects to existing internal electrical and house drainage lines as documented in the draft Policy. The contractor will also undertake decommissioning of the existing onsite sewerage systems in accordance with the draft Policy.
The proposed Pressure Sewerage Backlog Contribution Fee for 2019/20 is $1500.00.
Property owners will only have additional up-front costs and responsibility to engage qualified electricians or plumbers in relation to connection to the Charbon Sewerage Scheme in the unlikely situation that electrical or house drainage defects exist that are not covered in the draft Policy.
As stipulated in the draft Policy, any illegal stormwater connections found to be connected to existing on-site sewerage systems during the property design inspection and audit process, will be disconnected during installation of property pressure sewer units. Redirection of stormwater lines to an approved point of discharge will be the responsibility of and at cost to the property owner.
Council’s current fees and charges related to a single residential property connecting to a Council sewerage scheme are as follows.
• Section 64 Developer Contributions, Sewer –$3,838.00 (per equivalent tenement) • Sewer Connection Fee - $1,700.00 (existing main sideline and junction only)
In the case of implementation of a backlog sewerage scheme, the property owner is not a developer and Council cannot impose the Section 64 Developer Contribution charges on property owners connecting to the scheme. The current Sewer Connection Fee is not relevant to pressure sewerage schemes as it covers the costs of Council physically undertaking a connection to an existing gravity sewerage system.
The actual cost of connecting a single residential property to a pressure sewerage scheme is in excess of $7000. As Council will be receiving NSW Government Restart funding assistance for the implementation of the backlog pressure sewerage scheme in Charbon, it is recommended that a
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 118 REPORT 10.2
contribution towards the cost of the scheme be charged to connecting property owners rather than the full actual cost.
The proposed Pressure Sewerage Backlog Contribution Fee will be reviewed annually in line with review and adoption of Council’s Fees and Charges. Upon annual review, consideration will be made of any current backlog sewerage scheme project details to ensure an appropriate Pressure Sewerage Backlog Contribution Fee is maintained
Charbon Sewerage Scheme
Properties within Charbon currently have on-site sewage treatment systems that carry a high risk of pollution of the local environment, contamination of surrounding soil and public health hazards due to the likelihood of contact with onsite sewage system effluent. As such, the village of Charbon was identified on the NSW State Government’s sewerage backlog program for potential funding opportunities.
Council resolved to accept NSW Government Restart Funding assistance in July 2018 to enable connection of residential properties within the village of Charbon to the existing Kandos Sewerage System. In February 2019, Council resolved to service Charbon properties via a pressure sewerage scheme via the acceptance of the Tender prepared by Pressure Sewer Services Australia Pty Ltd.
Once a draft Pressure Sewer System Policy for Backlog Sewerage Schemes is placed on exhibition, Council staff plan to undertake the following consultation with property owners impacted by the implementation of Charbon Sewerage Scheme
• Provide property owners and residents with background project information and invitation to seek further information at a local community drop-in event to be held during the draft Policy and fees exhibition period. • Provide property owners with individual assessment and support in relation to proposed fee payment options. In the case where situations exist, that cannot be adequately supported through Council’s existing financial policies, staff will report back to Council with options for consideration.
Following review of draft Policy and fees submissions and subsequent Policy and fees adoption, Council’s contractor, Pressure Sewer Services Australia Pty Ltd will be able to commence individual property design and audit inspections with property owners.
Pending timeframes for adoption of a Policy and fees, Council’s contractor is in a position to complete construction of the Charbon Sewerage Scheme this financial year.
Community Plan implications
Theme Protecting Our Natural Environment Goal Provide total water cycle management Strategy Provide a water and sewer network that balances asset conditions with available resources and community needs
Strategic implications
Council Strategies Not Applicable
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 10.2 119
Council Policies Not Applicable
Legislation Not Applicable
Financial implications
The proposed Pressure Sewerage Backlog Contribution Fee will generate an income of $72,000 in 2019/20 if implemented in association with the Charbon Sewerage Scheme. Necessary budget variations to include the estimated income and additional expenditure will be proposed through the September Quarterly Budget Review.
Associated Risks
The adoption of a Pressure Sewer System Policy for Backlog Sewerage Schemes will mitigate risks of project delay due to unidentified responsibilities of staff, contractors and property owners involved in a pressure sewer backlog scheme.
CLAIRE CAM GARRY HEMSWORTH MANAGER, WATER AND SEWER DIRECTOR OPERATIONS
1 July 2019
Attachments: 1. Draft Pressure Sewer System Policy - Backlog Sewerage Schemes.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 120 REPORT 10.2 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 10.2 – ATTACHMENT 1 121
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 122 REPORT 10.2 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 10.2 – ATTACHMENT 1 123
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 124 REPORT 11.1
Item 11: Community
11.1 Memorandum of Understanding with Mudgee Fine Foods Inc.
REPORT BY THE DIRECTOR COMMUNITY TO 17 JULY 2019 ORDINARY MEETING GOV400067, F0650002
RECOMMENDATION
That Council:
1. receive the report by the Director Community on the Memorandum of Understanding with Mudgee Fine Foods Inc.; and
2. endorse the proposed Memorandum of Understanding with Mudgee Fine Foods Inc. for the operation of markets within Robertson Park Mudgee initially for a 6- month trial period until 31 January 2020.
Executive summary
This report seeks Council’s endorsement for the proposed Memorandum of Understanding with Mudgee Fine Foods Inc. for the operation of monthly Farmers’ Markets and occasional Makers’ Markets within Robertson Park Mudgee for a 6-month trial period until 31 January 2020.
Disclosure of Interest
Nil
Detailed report
Mudgee Fine Foods Inc. have approached Council with a proposal to relocate their monthly Farmers’ Markets and occasional Makers’ Markets to Robertson Park Mudgee.
The Mudgee Farmers’ Market is held on the third Saturday of each month from 8:30am to 12:30pm.
The first market at Robertson Park is proposed to take place on Saturday 20th July.
Under the direction of Mudgee Fine Foods, the Mudgee Farmers and Makers’ markets have been running successfully for over 15 years. The markets’ celebrate seasonal and locally grown fresh produce, along with homemade artisan crafts and goods from vendors from across the region. Mudgee Fine Foods are a not-for-profit incorporated association.
There is good parking nearby behind the Council building and the move may ease some congestion from Church Street when the markets are on.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 11.1 125
The move is supported by Mudgee Fine Foods Inc. members and stallholders along with Mudgee Region Tourism and Mudgee Wine Association.
Any approvals related to the running of the markets will be the responsibility of Mudgee Fine Foods Inc.
Community Plan implications
Theme Looking After Our Community Goal Vibrant towns and villages Strategy Maintain and promote the aesthetic appeal of the towns and villages within the Region
Strategic implications
Council Strategies Robertson Park Plan of Management
Council Policies Not Applicable
Legislation Not applicable
Financial implications
There will be a small amount of income raised by these bookings in the order of $4,000 per annum. This can be allocated to the Passive Parks budget to ensure that the maintenance of the park continues to a high standard.
Associated Risks
The trial period of the Memorandum of Understanding will allow for any unforeseen risks or concerns to be raised and discussed.
SIMON JONES DIRECTOR COMMUNITY
28 June 2019
Attachments: 1. Memorandum of Understanding MWRC and Mudgee Fine Foods 2019.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 126 REPORT 11.1 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 11.1 – ATTACHMENT 1 127
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 128 REPORT 11.2
11.2 RFT2019/23 Design and Construct Glen Willow Junior Rugby League Amenities Building
REPORT BY THE DIRECTOR COMMUNITY TO 17 JULY 2019 ORDINARY MEETING GOV400067, COR400232
RECOMMENDATION
That Council:
1. receive the report by the Director Community on the RFT2019/23 Design and Construct Glen Willow Junior Rugby League Amenities Building;
2. note the details provided in the attached confidential report and accept the tender submission for the Design and Construct of Glen Willow Junior Rugby League Amenities Building in accordance with clause 178 of the Local Government (General) Regulations 2005 at the tendered price of $______excluding GST;
3. authorise the General Manager to finalise and execute the contract on behalf of Council with Hines Constructions for the Design and Construct Glen Willow Junior Rugby League Amenities Building RFT 2019/23;
4. grant delegation to the General Manager to approve variations to the contract up to a cumulative total of 10% of the original contract sum; and
5. notify other tenderers that their tenders were unsuccessful.
Executive summary
This report seeks Council’s decision on the awarding of the tender for the Design and Construction of the Junior Rugby League amenities building at Glen Willow. This building forms part of the works for Stage 2 of the Glen willow Regional Sporting Complex.
Disclosure of Interest
Nil.
Detailed report
Advertised Open to Market: 24 May 2019 Closed: 21 June 2019 29 days in total.
The above tender was advertised in the; • Mudgee Guardian on Friday 24 May 2019; • Sydney morning Herald on Tuesday 28 May 2019; • Council’s e – tendering portal – VendorPanel on 24 May 2019; and • Information regarding this tender was published on Council’s Website on 24 May 2019.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 11.2 129
Tenders Received Nine companies submitted tenders:
1. Brisbane Bromelaid Centre 2. Edition Office 3. Hines Constructions 4. Holder Homes 5. Lynch Building Group 6. Modscape Commercial 7. Stoddarts Windows and Doors 8. Tiler Made 9. Nick Harvey Constructions
Late Tenders No late submissions were received.
Conforming Tenders Five tenders were deemed non-conforming. Three of these were not full submissions, one was a submission for the Design of the Art Gallery and Tourist Information Centre tender and one did not meet the mandatory requirements. The other Tenderers were assessed with the information provided.
Evaluation Findings
The following criteria were used in evaluating the tenders: • Cost – 55% • Ability to meet the proposed deadline and budget – 10% • Demonstrated experience and capability – 35%
Based on the criteria assessed by the panel, the recommended tenderer is Hines Constructions.
Community Plan implications
Theme Looking After Our Community Goal Effective and efficient delivery of infrastructure Strategy Provide infrastructure and services to cater for the current and future needs of our community
Strategic implications
Council Strategies Glen Willow Master Plan Recreation Strategy 2013
Council Policies Procurement Policy.
Legislation Local Government Act 1993
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 130 REPORT 11.2
Financial implications
The costs associated with this tender are part of the Glen Willow Stage 2 project and are already included in the budget.
Associated Risks
Council staff have followed the appropriate Procurement and Tender process to ensure the best outcome for Council and the community. This mitigates potential risks associated with the project.
SIMON JONES DIRECTOR COMMUNITY
28 June 2019
Attachments: 1. Approval Memo Attachment for Council Report RFT 2019-23. (Confidential - separately attached) 2. RFT 2109-23 Evaluation Scoresheet. (Confidential - separately attached) 3. Hines Construction - Tendered Amount. (Confidential - separately attached) 4. Holder Homes - Tendered Amount. (Confidential - separately attached) 5. Lynch Building Group - Tendered Amount. (Confidential - separately attached) 6. Nick Harvey Constructions - Tendered Amount . (Confidential - separately attached)
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 11.3 131
11.3 2019/20 Insurance Placement
REPORT BY THE MANAGER GOVERNANCE TO 17 JULY 2019 ORDINARY MEETING GOV400067, RIS900454
RECOMMENDATION
That Council:
1. receive the report by the Manager Governance on the 2019/20 Insurance Placement;
2. note that insurance coverage has been placed for the 2019/20 financial year; and
3. endorse the strategy to go to tender for insurance brokerage services for the 2020/21 financial year.
Executive summary
Council has met its statutory requirements by arranging liability insurance in accordance with the section 382 of the NSW Local Government Act. Council will, during 2019/20 join a group of NSW councils to tender insurance brokerage services and the placement of insurance for the financial year 2020/21. The tender will be administered by Local Government Procurement NSW.
Disclosure of Interest
Council has disclosed its intention to tender insurance brokerage and insurance placement to our current broker Marsh Pty Ltd.
Detailed report
In 2016/17, the Council adopted the practice of routinely testing the insurance market by competitively tendering of our insurance needs. At that time Council changed its insurance arrangements away from the Jardine Lloyd Thompson managed Statewide Insurance Mutual electing to utilise Marsh Pty Ltd as our Broker.
There has been significant changes in the insurance opportunities for councils in NSW over the past 4 years with increased opportunities now available in both the mutual pools and commercial sector.
Council insures across a broad range of risks taking up the following policies. Industrial Special Risk, General Liability, Statutory Liability, Airport Owners & Operators Liability, Casual Hirers Liability, Environmental Liability, Motor vehicles and Plant, Group Personal Accident, Business travel, Directors and Officers Liability and Cyber Liability.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 132 REPORT 11.3
Community Plan implications
Theme Good Governance Goal An effective and efficient organisation Strategy Prudently manage risks association with all Council activities
Strategic implications
Council Strategies Not Applicable
Council Policies Risk Management Policy
Legislation Local Government Act section 382
Financial implications
Council includes insurance expenditure in the Operating Plan
Associated Risks
Maintaining council’s statutory compliance by acquiring both Public and Professional Liability Insurance cover.
Insuring the residual risks across a broad ranging risk profile as per the detail report above.
TIM JOHNSTON SIMON JONES MANAGER GOVERNANCE DIRECTOR COMMUNITY
3 July 2019
Attachments: Nil
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 11.4 133
11.4 Lions Park Mudgee
REPORT BY THE MANAGER RECREATION SERVICES TO 17 JULY 2019 ORDINARY MEETING GOV400067, P0220211
RECOMMENDATION
That Council:
1. receive the report by the Manager Recreation Services on the Lions Park Rocket; and
2. endorse the plan for Lions Park, Robertson Street, Mudgee.
Executive summary
In the late 1960’s early 1970’s rockets was installed into playgrounds across Australia with one installed at Lions Park, Robertson Street, Mudgee. It is proposed to now upgrade Lions Park and install a new rocket so that kids can return to the park to play on a rocket. The existing rocket would remain and a new rocket installed adjacent to it.
Disclosure of Interest
Nil.
Detailed report
In the 1960’s engineer Dick West constructed and installed a playground rocket at Blackheath, this was one of 13 to be initially installed. They were so popular that he was commissioned to construct another 37 that would be installed across Australia.
One of these rockets were installed in Lions Park (affectionately known as Rocket Park for this reason) Robertson Street, Mudgee. In 1997 most of the rockets were pulled out as they were not considered to meet playground safety standards. Mudgee’s rocket remained but modified with the upper levels closed off and the slide moved to the first level.
It is proposed to install a new rocket keeping the existing one. As part of these upgrades, the old tractor would be removed due to safety concerns. A similar project was undertaken at Moree with a new rocket installed, a photo attached. Similar projects have been undertaken at Blackheath and Chatswood, both have had rockets reengineered and reinstalled.
Community Plan implications
Theme Looking After Our Community Goal Vibrant towns and villages Strategy Maintain and promote the aesthetic appeal of the towns and villages within the Region
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 134 REPORT 11.4
Strategic implications
Council Strategies Not Applicable
Council Policies Not Applicable
Legislation AS 4685.0:2017, Playground equipment and surfacing – Part 0: Development, installation, inspection, maintenance and operation.
Financial implications
There is a budget allocation of $125,000 for improvements at Lions Park in the 2019/20 Operational Plan. No change is recommended in this report.
Associated Risks
Not Applicable
TRACEY KANE SIMON JONES MANAGER RECREATION SERVICES DIRECTOR COMMUNITY
3 July 2019
Attachments: 1. Existing Rocket. 2. Example of replacement Rocket. 3. Example at Moree. 4. Article on Rocket.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 11.4 – ATTACHMENT 1 135
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 136 REPORT 11.4 – ATTACHMENT 2
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 11.4 – ATTACHMENT 3 137
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 138 REPORT 11.4 – ATTACHMENT 4
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 11.5 139
11.5 Indoor Pool Feasibility Study
REPORT BY THE DIRECTOR COMMUNITY TO 17 JULY 2019 ORDINARY MEETING GOV400067, COU500075
RECOMMENDATION
That Council:
1. receive the report by the Director Community on the Indoor Pool Feasibility Study;
2. place the Indoor Pool Feasibility Study on public exhibition for 28 days seeking community feedback on the report and possible options; and
3. request that a report on the community feedback related to the indoor swimming pool options be provided to Council following the public exhibition period.
Executive summary
As part of Council’s review of its Community Strategic Plan, a number of priority projects were identified by the community. While the top project identified was the Mudgee Hospital upgrade and is a project where Council has limited input. The second priority project identified was an Indoor Aquatic Centre.
For the 2018/19 financial year, Council budgeted to undertake a feasibility study into the options that might be available for an indoor swimming study. This report presents the feasibility study to Council and recommends seeking further community input into the ideas put forward in the study.
Disclosure of Interest
Nil.
Detailed report
Following a request for quote process, RMP & Associates were engaged to undertake a study on the feasibility of developing an indoor swimming facility in Mudgee. With the development of the new waterpark in the Mudgee Pool complex area, it was determined that this would need to be the overall precinct for an indoor facility to ensure the benefit of the current infrastructure was not lost.
RMP & Associates engaged with Council staff as well as stakeholders in the community in developing their ideas and draft concept plans. Much of the discussion was related to developing of a new or separate indoor pool or providing a roof over the existing outdoor 50- metre pool.
In developing the concept options, RMP & Associates were drawing on many years of experience with Council pools throughout Australia that has allowed them to develop a high level of understanding of the services being demanded by communities and how these could best be
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 140 REPORT 11.5
provided in the Mudgee Pool setting. The report focuses on the types of uses of indoor pools and how these could best be arranged in the complex setting. Items that need to be considered include ensuring accessibility for all ages and abilities, the types of pool infrastructure that will need to be upgraded or developed, overall use of the pool and opening hours, costs of power; and costs of staffing to ensure safety standards are adhered to as required.
Alongside this, Council undertook some quick survey work to explore some of the potential uses of an indoor pool including personal fitness, recreation, swimming lessons, swimming training and health and rehabilitation. The results of this survey have been included as an attachment.
RMP & Associates considered the option of simply providing a cover of the existing outdoor pool. However, this has not been included, as the existing toddler pool requires an access ramp or an associated leisure pool in order to meet the requirements for accessibility. In addition, the current plant infrastructure for the toddlers’ pool, including the filtration and turnover times, will not meet the NSW Health standards if it is enclosed.
Three options have been developed into concept plans.
Option 1 This option includes enclosing the exiting pool and building a new program pool – this would need to include upgrading the 50m pool plant to meet NSW Health Dept. Guidelines for heated indoor pools including additional filtration and pump capacity. The existing toddler’s pool requires a disabled ramp or a leisure pool that provides access in lieu of a ramp.
While this option has the least impact on the site it is not recommended due to the works that would be required to upgrade the existing 50m pool plant to meet NSW Health Guidelines for heated indoor pools, which could include additional filtration and pump capacity. Further details of this are included in the report. Ultimately, this will require upgrade to the existing filter pumps to ensure the additional capacity is achieved.
This option is costed at approximately $7.61 million.
Option 2 Option 2 includes the removal of the existing leisure and program pool to allow for a new (heated) 25m four-lane lap pool, plus a new combined program/leisure pool to be constructed. The existing built kiosk, change-rooms, storerooms and administration area would be enclosed within the ‘new’ aquatic facility to allow for all-year-round access, plus mechanical ventilation throughout. The design intent is to integrate with the existing facility and to maintain effective access and egress through all existing circulation areas.
This option does result in the loss of some of the existing open space around the current outdoor pool area.
This option is costed at approximately $7.10 million.
Option 3 This option maintains the existing 50m exterior lap pool – with the addition of a new ‘purpose built’ indoor pool area that can be used all-year-round. The new indoor pool would be developed east of the existing facility, within the adjoining Lawson Park area. Depending on the design and usage requirements, the new 25m indoor lap pool, with a combined indoor program/ leisure pool includes new change rooms, plant, and commercial lease spaces such as a café, administration and first aid areas. The new aquatic entrance could face Short Street through an existing access point in the historic wall.
This option is costed at approximately is $9.25m.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 11.5 141
An indoor heated program pool available all year would increase opportunities for access to swimming and programs such as learning to swim and lifesaving. Indoor pools provide a safe and guaranteed environment regardless of weather and with water temperatures that are much more conducive to learning and participation.
As can be seen but the feasibility study there a range of issues to be considered in determining the best option for the Mid-Western Region. These include: • Overall cost • Covering of the existing pool facility • Need of different areas for programming and leisure as well as lap swimming and general recreation • Opening hours for winter swimming times • The use of existing plant infrastructure • The cost of new plant infrastructure • Operational costs of plant, including power costs • Operational costs of staffing • The potential for commercial activities such as learn to swim classes, gyms, kiosks/cafes and shops • Entry fees
It is recommended that Council place the draft pool feasibility study on public exhibition to gather feedback from the community on the possible options.
Community Plan implications
Theme Looking After Our Community Goal Effective and efficient delivery of infrastructure Strategy Provide infrastructure and services to cater for the current and future needs of our community
Strategic implications
Council Strategies Community Plan Recreation Strategy 2013
Council Policies Not Applicable
Legislation Not Applicable
Financial implications
There is no current budget allocation for this project, as it is in the feasibility stage. Construction and maintenance cost estimates are provided.
Associated Risks
Not Applicable
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 142 REPORT 11.5
SIMON JONES DIRECTOR COMMUNITY
4 July 2019
Attachments: 1. Draft Indoor Pool Feasibility Study - RMP & Associates. (separately attached) 2. Concept Plans - Option 1. (separately attached) 3. Concept Plans - Option 2. (separately attached) 4. Concept Plans - Option 3a. (separately attached) 5. Concept Plans - Option 3b. (separately attached) 6. Cost Estimates Plant and Heating - Mudgee Pool options. (separately attached) 7. Indoor Pool Feasibility Study Survey March to June 2019. (separately attached)
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 12.1 143
Item 12: Reports from Committees
12.1 Cultural Development Committee
REPORT BY THE MANAGER, COMMUNITY SERVICES TO 17 JULY 2019 ORDINARY MEETING GOV400067, REC800019
RECOMMENDATION
That Council:
1. receive the report by the Manager, Community Services on the Cultural Development Committee;
2. note the minutes of the Cultural Development Committee meeting convened on 12 June 2019; and
3. endorse Portia Lindsay as a member of the Cultural Development Committee.
Executive summary
The Cultural Development Committee meets to discuss and provide advice to Council on matters concerning arts and culture across the region, including the commissioning, selection, maintenance and de-accessioning of items forming Council’s art collection. The Committee is also a primary point of consultation for the new regional gallery.
Disclosure of Interest
Nil.
Detailed report
The Cultural Development Committee is a primary point of consultation for the new regional gallery and are awaiting news of the appointment of architect for the design of the gallery following on from the recent tender process.
The Committee recommends that Council endorse the appointment of Portia Lindsay as a member of the Committee.
Community Plan implications
Theme Looking After Our Community Goal Meet the diverse needs of the community and create a sense of belonging Strategy Support arts and cultural development across the Region
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 144 REPORT 12.1
Strategic implications
Council Strategies Council’s Public Art Plan guides how the Cultural Development Committee works with Council to develop a public art program that will enrich the life of public spaces, reveal new public spaces and inspire communal activities of all kinds. Council Policies Not applicable.
Legislation Not applicable.
Financial implications
Not applicable.
Associated Risks
Nil.
FIONA TURNER SIMON JONES MANAGER, COMMUNITY SERVICES DIRECTOR COMMUNITY
13 June 2019
Attachments: 1. Cultural Development Committee - Minutes - 12 June 2019.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 12.1 – ATTACHMENT 1 145
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 146 REPORT 12.1 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 12.2 147
12.2 Mid-Western Regional Youth Council
REPORT BY THE MANAGER, COMMUNITY SERVICES TO 17 JULY 2019 ORDINARY MEETING GOV400067, COS300610
RECOMMENDATION
That Council:
1. receive the report by the Manager, Community Services on the Mid-Western Regional Youth Council;
2. note the minutes of the Mid-Western Regional Youth Council meetings convened on 12 March 2019, 9 April 2019, 14 May 2019 and 11 June 2019;
3. endorse Christopher Barry as a Mid-Western Regional Youth Councillor;
4. endorse Rhiannon McPherson as a Mid-Western Regional Youth Councillor; and
5. endorse Zowee Roberts as a Mid-Western Regional Youth Councillor.
Executive summary
This report seeks to inform Council of Youth Council discussions and activities.
Disclosure of Interest
Nil.
Detailed report
The Mid-Western Regional Youth Council-sponsored Youth Week 2019 was a standout success with approximately 500 participants attending eleven activities held across the region in April. Events included the always-popular trivia night, a special screening of Captain Marvel in partnership with the Town Hall Cinema and Combined Rotary Clubs of Mudgee, a netball clinic and various other activities across the week. Youth Week activities were reported favourably in local media.
Youth Council was proud to support the introduction of two new youth clubs in April and May: ‘Level Up (tabletop games, including role-play games and contemporary board and card games) and Manga and Anime Squad (‘MAAS’) (an anime and manga club). Youth Council purchased extensive gaming and materials for the clubs to be donated to Mid-Western Regional Council to support these programs. To date, both clubs have received extremely good feedback from and high patronage by local youth.
Youth Councillors have been introduced to Council’s recently endorsed Code of Conduct. In particular, their attention was drawn to the following:
• Obligations of general conduct; • Pecuniary interests;
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 148 REPORT 12.2
• Non-pecuniary conflicts of interest; • Personal benefits; and • Access to information and Council resources.
Hard copies of the Code of Conduct were provided to all Youth Councillors and will also be provided to any newly endorsed Youth Councillors going forward.
Further detail of discussions by Youth Councillors, including future direction and planning, are contained within the Minutes attached to this report.
Community Plan implications
Theme Looking After Our Community Goal Meet the diverse needs of the community and create a sense of belonging Strategy Support programs which strengthen the relationships between the range of community groups
Strategic implications
Council Strategies Council’s Youth Strategy provides direction and recommendations for Council and the community to benefit local youth. The Mid-Western Regional Youth Council also takes direction from this document when considering future planning.
Council Policies Not applicable.
Legislation Not applicable.
Financial implications
Not applicable.
Associated Risks
Not applicable.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 12.2 149
FIONA TURNER SIMON JONES MANAGER, COMMUNITY SERVICES DIRECTOR COMMUNITY
19 June 2019
Attachments: 1. Youth Council - Minutes - 12 March 2019. 2. Youth Council - Minutes - 9 April 2019. 3. Youth Council - Minutes - 14 May 2019. 4. Youth Council - Minutes - 11 June 2019.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 150 REPORT 12.2 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 12.2 – ATTACHMENT 1 151
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 152 REPORT 12.2 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 12.2 – ATTACHMENT 1 153
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 154 REPORT 12.2 – ATTACHMENT 2
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 12.2 – ATTACHMENT 2 155
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 156 REPORT 12.2 – ATTACHMENT 2
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 12.2 – ATTACHMENT 2 157
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 158 REPORT 12.2 – ATTACHMENT 3
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 12.2 – ATTACHMENT 3 159
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 160 REPORT 12.2 – ATTACHMENT 3
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 12.2 – ATTACHMENT 3 161
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 162 REPORT 12.2 – ATTACHMENT 4
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 12.2 – ATTACHMENT 4 163
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 164 REPORT 12.2 – ATTACHMENT 4
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 12.3 165
12.3 Mid-Western Regional Council Access Committee
REPORT BY THE MANAGER, COMMUNITY SERVICES TO 17 JULY 2019 ORDINARY MEETING GOV400067, COS3000797
RECOMMENDATION
That Council:
1. receive the report by the Manager, Community Services on the Mid-Western Regional Council Access Committee; and
2. note the minutes of the Mid-Western Regional Council Access Committee meetings held on 5 February 2019, 5 March 2019, 2 April 2019, 7 May 2019 and 4 June 2019.
Executive summary
Council’s Access Committee meets monthly to discuss and provide advice to Council on operational and strategic issues affecting physical access and inclusion for all residents and visitors to the region.
Disclosure of Interest
Nil.
Detailed report
The Committee has reviewed a number of development applications in terms of accessibility and have provided their advice to Council’s Planning Department. Matters also discussed by the Committee included issues within the Gulgong Apex Park accessible public bathroom facilities. These concerns were forwarded on to the appropriate Council staff.
The Committee received the notice of the retirement of Mary Lovett, a long-standing member of the Committee. The Committee wishes to thank Mrs Lovett for her dedication and contributions to the Committee over an extended number of years.
Committee members were introduced to Council’s recently endorsed Code of Conduct. In particular, their attention was drawn to the following:
• Obligations of general conduct; • Pecuniary interests; • Non-pecuniary conflicts of interest; • Personal benefits; and • Access to information and Council resources.
Hard copies of the Code of Conduct were provided to all Committee members and will also be provided to any newly endorsed members going forward.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 166 REPORT 12.3
Further detail of discussions by the Committee are contained within the Minutes attached to this report.
Community Plan implications
Theme Looking After Our Community Goal Meet the diverse needs of the community and create a sense of belonging Strategy Provide equitable access to a range of places and spaces for all in the community
Strategic implications
Council Strategies Council’s Disability Inclusion Action Plan supports collaboration between Council and its Access Committee, to provide advice on operational and strategic issues affecting access for all residents of and visitors to the region.
Council Policies Not Applicable.
Legislation Mid-Western Regional Council is committed to an inclusive and accessible region and seeks to meet its obligations under the Disability Discrimination Act 1992 and the NSW Disability Inclusion Act 2014 through its Disability Inclusion Action Plan.
Financial implications
Not Applicable.
Associated Risks
Not Applicable.
FIONA TURNER SIMON JONES MANAGER, COMMUNITY SERVICES DIRECTOR COMMUNITY
20 June 2019
Attachments: 1. Access Committee - Minutes - 5 February 2019. 2. Access Committee - Minutes - 5 March 2019. 3. Access Committee - Minutes - 2 April 2019. 4. Access Committee - Minutes - 7 May 2019. 5. Access Committee - Minutes - 4 June 2019.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 12.3 – ATTACHMENT 1 167
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 168 REPORT 12.3 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 12.3 – ATTACHMENT 2 169
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 170 REPORT 12.3 – ATTACHMENT 2
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 12.3 – ATTACHMENT 2 171
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 172 REPORT 12.3 – ATTACHMENT 3
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 12.3 – ATTACHMENT 3 173
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 174 REPORT 12.3 – ATTACHMENT 4
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 12.3 – ATTACHMENT 4 175
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 176 REPORT 12.3 – ATTACHMENT 5
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 12.3 – ATTACHMENT 5 177
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 178 REPORT 12.4
12.4 Red Hill Committee Meeting 1 May 2019
REPORT BY THE MANAGER, CUSTOMER SERVICES TO 17 JULY 2019 ORDINARY MEETING GOV400067, A0190002
RECOMMENDATION
That Council:
1. receive the report by the Manager, Customer Services on the Red Hill Committee Meeting 1 May 2019;
2. note the minutes of the Red Hill Committee meeting held on 1 May 2019; and
3. request that staff research and report back to Council on the potential of the Red Hill site to be listed on the State Heritage register and the resources required to achieve this status.
Executive summary
This report seeks to inform Council on the progress of the Red Hill site following the Red Hill Committee Meeting held on 1st May 2019.
Disclosure of Interest
Nil.
Detailed report
The Committee Meeting commenced with a review of the previous minutes and progress on current action items, and during this review, the Committee determined to send Council a letter raising a query on the planned erection of a permanent fence around the derelict mine shaft site (located opposite to Red Hill on White Street). Note an email was received by Council on 3rd May from Committee member Chris Pearson, respectfully requesting that “Council should liaise with NSW Dept. Planning & Environment (Derelict Mines Division) to ensure that the most historically appropriate fencing (with access) be erected to ensure maintenance and possible future development of this important site”. (see attached)
Following on from this request, Council staff liaised with Andrew Sapkanis from the Derelict Mines Division regarding these queries and he explained that whilst they were “not in a position to support a change to the fence design” they would “support the placing of historically appropriate signs on the fence as long as it doesn’t damage it”. Andrew also goes onto explain that they would support the Committee placing mining relics within the fenced area (if Council approves) and would welcome any ideas around some interpretative signage design at this derelict mine site.
The meeting then moved onto an ongoing discussion about a new toilet facility to be located near the entrance on the Gulgong Gold Experience. This was following an estimate advised by Council staff (in the meeting) of $70,000 to construct such a facility. It was determined by the Committee that a letter would be sent to Council requesting consideration for this new toilet facility to be added to the capital budget. Note letter is still to be received by Council.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 12.4 179
The operators of the Gulgong Gold Experience, Joy and Tony Harrison (Manor Enterprises) then submitted the GGE Quarterly Report to the minutes. (see attached)
It should be noted from this report on the positive feedback received from the community and visitors to this facility over the past 3 months and the steady increase in patronage and income generated. It seems clear they are very committed to continuing on the good work and progress already made by the previous operators.
A discussion was then held on a proposal from Red Hill Environmental Education Centre on a funded landscape architectural design on the complete Red Hill complex, incorporating the Red Hill site (and Gulgong Gold Experience). The Committee voted to support this proposal and believed it could work well in partnership with the existing Red Hill Masterplan, and the Committee was keen to assist in the workshops and provide input.
The final discussion topic to reference from the minutes was in the general business where Committee member, Chris Pearson, suggested that the Red Hill site be considered a State Heritage facility and that the Committee should seek Council’s support in gaining this status. The Committee voted in support of this motion and a subsequent email was received to Council on 2nd May respectfully requesting that “Council seek to have the Red Hill Precinct placed on the NSW Heritage Register given the gold rush's impact on the (multi) cultural development of NSW, and the ensuing benefits that listing would provide in funding opportunities and awareness of the site”.
Community Plan implications
Theme Looking After Our Community Goal Vibrant towns and villages Strategy Respect and enhance the historic character of our Region and heritage value of our towns
Strategic implications
Council Strategies Community Strategic Plan Red Hill Master Plan
Council Policies Not Applicable
Legislation The Red Hill Committee is operating under Section 355 of the Local Government Act (1993), which allows it to exercise a function of Council.
Financial implications
Any further capital works at the Red Hill site will require budget approval.
Associated Risks
Not Applicable
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 180 REPORT 12.4
RICHARD CUSHWAY SIMON JONES MANAGER, CUSTOMER SERVICES DIRECTOR COMMUNITY
2 July 2019
Attachments: 1. Red Hill Committee Meeting Minutes 1 May 2019. 2. Gulgong Gold Experience - Quarterly Report - Jan-Mar 2019. 3. Gulgong Gold Experience - Attendance & Income - Jan-Mar 2019. 4. Gulgong Gold Experience - Trip Advisor Feedback - Jan-Mar 2019. 5. Email from Chris Pearson - Fencing of Mine Subsidence Area. 6. Email from Chris Pearson - Heritage Listing of Red Hill Precinct Gulgong.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 12.4 – ATTACHMENT 1 181
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 182 REPORT 12.4 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 12.4 – ATTACHMENT 1 183
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 184 REPORT 12.4 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 12.4 – ATTACHMENT 1 185
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 186 REPORT 12.4 – ATTACHMENT 2
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 12.4 – ATTACHMENT 3 187
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 188 REPORT 12.4 – ATTACHMENT 4
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 12.4 – ATTACHMENT 4 189
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 190 REPORT 12.4 – ATTACHMENT 5
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 12.4 – ATTACHMENT 6 191
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 192 REPORT 12.5
12.5 Rylstone and Kandos Sports Council Meeting 5 March 2019
REPORT BY THE MANAGER, CUSTOMER SERVICES TO 17 JULY 2019 ORDINARY MEETING GOV400067, A0360030
RECOMMENDATION
That Council:
1. receive the report by the Manager, Customer Services on the Rylstone and Kandos Sports Council Meeting 5 March 2019; and
2. note the minutes of the Rylstone and Kandos Sports Council meeting held on 5 March 2019.
Executive summary
The purpose of this report is to advise Council of the considerations and recommendations of the Rylstone and Kandos Sports Council meeting held on 5 March 2019.
Disclosure of Interest
Nil.
Detailed report
The Rylstone and Kandos Sports Council met and discussed outstanding tasks and raised new work requests for Council staff to consider.
The key discussion item was the approved grant of $90,000 for a new scoreboard at Waratah Park. The sports council were asked to discuss and agree on a suitable location and to select a preferred design within the budget and project scope.
The sports council was also advised that $10,000 had been approved for the installation of a new discus cage. The sport council conducted a site visit and determined the location to be adjacent to the grandstand and this was noted by Council staff.
Note – due to limited sports participating in competitions over the winter season it was determined not to hold the quarterly meeting in June. The next meeting is scheduled for Tuesday 3 September 2019.
Community Plan implications
Theme Looking After Our Community Goal Effective and efficient delivery of infrastructure Strategy Provide infrastructure and services to cater for the current and future needs of our community
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 REPORT 12.5 193
Strategic implications
Council Strategies Not applicable
Council Policies Not Applicable
Legislation The Rylstone and Kandos Sport Council operates under Section 355 of the Local Government Act (1993) which allows it to exercise a function of Council.
Financial implications
Not applicable
Associated Risks
Nil
RICHARD CUSHWAY SIMON JONES MANAGER, CUSTOMER SERVICES DIRECTOR COMMUNITY
3 July 2019
Attachments: 1. Rylstone and Kandos Sport Council Meeting Minutes 5 March 2019.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 194 REPORT 12.5 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 17 JULY 2019 REPORT 12.5 – ATTACHMENT 1 195
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 196
Item 13: Urgent Business Without Notice
URGENT BUSINESS WITHOUT NOTICE
As provided by Clauses 19 & 20 of Council’s Code of Meeting Practice (Clause 14 LGMR). GIVING NOTICE OF BUSINESS
19. (1) The Council must not transact business at a meeting of the Council:
(a) unless a Councillor has given notice of the business in writing at least two (2) days prior to the day on which the agenda and business paper is prepared and delivered to Councillors; and
(b) unless notice of the business has been sent to the Councillors in accordance with Clause 6 of this Code. (see Section 367 LGA & Clause 14(1) LGMR) (2) Subclause (1) does not apply to the consideration of business at a meeting if the business:
(a) is already before, or directly relates to a matter that is already before the Council (see Clause 14(2)(a) LGMR); or
(b) is the election of a chairperson to preside at the meeting as provided by Clause 12(1) (see Clause 14(2)(b) LGMR); or
(c) is a matter or topic put to the meeting by the chairperson in accordance with Clause 21 (see Clause 14(2)(c) LGMR); or
(d) is a motion for the adoption of recommendations of a committee of the Council; (see Clause 14(2)(d) LGMR); or
(e) relates to reports from officers, which in the opinion of the Chairperson or the General Manager are urgent;
(f) relates to reports from officers placed on the business paper pursuant to a decision of a committee that additional information be provided to the Council in relation to a matter before the Committee; and
(g) relates to urgent administrative or procedural matters that are raised by the Mayor or General Manager. BUSINESS WITHOUT NOTICE
20. (1) Despite Clause 19 of this Code, business may be transacted at a meeting of the Council even though due notice of the business has not been given to the Councillors. However, this can happen only if:
(a) a motion is passed to have the business transacted at the meeting; and
(b) the business proposed to be brought forward is ruled by the Chairperson to be of great urgency. Such a motion can be moved without notice. (see Clause 14(3) LGMR)
(2) Despite Clause 30 of this Code, only the mover of a motion referred to in subclause (1) can speak to the motion before it is put. (see Clause 14(4) LGMR)
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 197
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 198
Item 14: Confidential Session
LOCAL GOVERNMENT ACT, 1993
10A WHICH PARTS OF A MEETING CAN BE CLOSED TO THE PUBLIC? (1) A council, or a committee of the council of which all the members are councillors, may close to the public so much of its meeting as comprises: (a) the discussion of any of the matters listed in subclause (2), or (b) the receipt or discussion of any of the information so listed. (2) The matters and information are the following: (a) personnel matters concerning particular individuals (other than councillors), (b) the personal hardship of any resident or ratepayer, (c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business, (d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret,
(e) information that would, if disclosed, prejudice the maintenance of law, (f) matters affecting the security of the council, councillors, council staff or council property, (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege, (h) information concerning the nature and location of a place or an item of Aboriginal significance on community land, (i) alleged contraventions of any code of conduct requirements applicable under section 440.
(3) A council, or a committee of the council of which all the members are councillors, may also close to the public so much of its meeting as comprises a motion to close another part of the meeting to the public. (4) A council, or a committee of a council, may allow members of the public to make representations to or at a meeting, before any part of the meeting is closed to the public, as to whether that part of the meeting should be closed.
10D GROUNDS FOR CLOSING PART OF MEETING TO BE SPECIFIED (1) The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.
(2) The grounds must specify the following: (a) the relevant provision of section 10A(2) (b) the matter that is to be discussed during the closed part of the meeting, (c) the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in an open meeting would be, on balance, contrary to the public interest.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 199
664 DISCLOSURE AND MISUSE OF INFORMATION (1) A person must not disclose any information obtained in connection with the administration or execution of this Act unless that disclosure is made: (a) with the consent of the person from whom the information was obtained, or (b) in connection with the administration or execution of this Act, or (c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or (d) in accordance with a requirement imposed under the Ombudsman Act 1974 or the Freedom of Information Act 1989 , or (e) with other lawful excuse.
1. (1A) In particular, if part of a meeting of a council or a committee of a council is closed to the public in accordance with section 10A (1), a person must not, without the authority of the council or the committee, disclose (otherwise than to the council or a councillor of the council) information with respect to the discussion at, or the business of, the meeting.
2. (1B) Subsection (1A) does not apply to: (a) the report of a committee of a council after it has been presented to the council, or (b) disclosure made in any of the circumstances referred to in subsection (1) (a)-(e), or (c) disclosure made in circumstances prescribed by the regulations, or (d) any agenda, resolution or recommendation of a meeting that a person is entitled to inspect in accordance with section 12. (2) A person acting in the administration or execution of this Act must not use, either directly or indirectly, information acquired by the person in that capacity, being information that is not generally known, for the purpose of gaining either directly or indirectly a financial advantage for the person, the person’s spouse or de facto partner or a relative of the person.
(3) A person acting in the administration or execution of this Act, and being in a position to do so, must not, for the purpose of gaining either directly or indirectly an advantage for the person, the person’s spouse or de facto partner or a relative of the person, influence: (a) the determination of an application for an approval, or (b) the giving of an order. Maximum penalty: 50 penalty units
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 17 JULY 2019 200
MOTION
I move that pursuant to the provisions of Section 10 of the Local Government Act, 1993 the meeting be closed to the public. After a motion to close the meeting has been moved and seconded and before the vote, the Chairman will ask if there are any other matters, besides those listed on the agenda which should be considered in Confidential Session. He will then announce those matters to be considered in Confidential Session. In doing so, the Chairman will give reasons why those matters are to be considered in Confidential Session and explain the way in which discussion of the matter in an open meeting would, on balance, be contrary to the public interest.
CHAIRMAN
The following matters have been listed for consideration in Confidential Session:
14.1 General Manager's Performance Agreement 2019-2020 The reason for dealing with this report confidentially is that it relates to personnel matters concerning particular individuals (other than Councillors) in accordance with Section 10A(2)(a) of the Local Government Act, 1993. Discussion of this matter in an open meeting would be, on balance, contrary to the public interest as it involves discussion of an individual, namely the performance of the General Manager.
14.2 Update on LEC Proceedings No.19/152087 - White Rock Road, Pinnacle Swamp The reason for dealing with this report confidentially is that it relates to advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege in accordance with Section 10A(2)(g) of the Local Government Act, 1993. Discussion of this matter in an open meeting would be, on balance, contrary to the public interest as it involves discussion of a matter subject to legal proceedings.
The Chairman will then ask the General Manager if there are any written representations from the public on the proposed closure of the meeting. The General Manager will read out any written representations received. The Chairman will ask if anyone in the gallery would like to make verbal representations in regard to the matters now to be considered in Confidential Session. The Chairman will then put the motion “to close the meeting” to the vote.