HILLTOPS COUNCIL
EXTRAORDINARY MEETING AGENDA
24 MAY 2016
To commence at 5.30pm, Tuesday, 24 May 2016 Hilltops Council, Harden Chambers, 3 East Street ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden BUSINESS
1. OPENING OF THE MEETING
May I firstly acknowledge the traditional owners of land we meet on today – I humbly make my respects to the Wiradjuri and N gunnawal people, their past, future and present ancestors.
I note there are a number of people in att endance. If you are asked to evacuate, the emergency procedure is to:
Exit via the door leading out of the nort hern side of the building through the front door of the Council Chambers; Proceed to the footpath opposite the Council building.
2. PUBLIC FORUM
Persons interested in addressing Council are to be in the Meeting room fifteen (15) minutes prior to the commencement of the Council Meeting, and must convey to the General manager their desire to address Council, and on what particular issue they wish to address;
Should there be more than one (1) person wishing to address Council on an issue, then those persons are to nominate one (1) person to represent the group;
Those presenting in public forum have five (5) minutes to address Council. During this time, no direct discussion will take place with Councillors; all communication should be put through the Mayor.
3. APOLOGIES
4. SYMPATHY EXPRESSIONS
5. CONFIRMATION OF MINUTES
6. BUSINESS ARISING FROM MINUTES
7. DECLARATIONS OF INTEREST
8. ADMINISTRATOR MINUTE (IF ANY)
9. NOTICES OF MOTION (IF ANY)
10. NOTICES OF RECISSION (IF ANY)
11. REPORTS General Manager
12. QUESTIONS WITH NOTICE
13. COUNCIL COMMITTEE REPORTS
14. CLOSED COUNCIL
15. PROPOSED NEXT
1 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden CONTENTS SYMPATHY EXPRESSIONS ...... 3
CONFIRMATION OF MINUTES ...... 4
GENERAL MANAGERS REPORT ...... 5
16/01 – COUNCIL MEETING SCHEDULES ...... 5
16/02 – DRAFT HILLTOPS COUNCIL PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO MAYOR AND COUNCILLORS ...... 7
16/03 – HILLTOPS COUNCIL INTERIM MANAGEMENT STRUCTURE ...... 9
16/04 – DEVELOPMENT APPLICATION No. 004/2010 MOD 1 – APPLICATION TO AMEND DEVELOPMENT CONSENT 04/2010 FOR A 14 LOT SUBDIVISION AT LOT 13 DP1166398 (PRIOR LOT 28 DP658100), FARM STREET, BOOROWA ...... 10
16/05 – DEVELOPMENT APPLICATION – T2016-002 – DWELLING AT LOT 77 DP75390, EULIE ROAD, HARDEN ...... 23
16/06 – DEVELOPMENT APPLICATION – SUBDIVISION – T2016-025 ...... 51
16/07 – MCLEAN OVAL FLOOD LIGHTS - HARDEN ...... 63
16/08 – ROADS TO RECOVERY WITHIN FORMER HARDEN SHIRE ...... 65
16/09 – 2016/DA-00014 – SUBDIVISION – 10 BOYDS LANE, YOUNG ...... 69
16/10 – SIBLECO AUSTRALIA VOLUNTARY PLANNING AGREEMENT ...... 109
16/11 – CASH AND INVESTMENTS ...... 112
16/12 – QUARTERLY BUDGET REVIEW – MARCH 2016 ...... 115
16/13 – DEVELOPMENT APPLICATIONS STATISTICS ...... 120
COUNCIL COMMITTEE REPORTS ...... 122
CLOSED COUNCIL ...... 123
16/14 – EXCLUSION OF THE PRESS AND PUBLIC ...... 123
16/15 – WATERMAIN EASEMENT – PURCHASE PART OF LAND LOT 2 DP 1006974, LOT 3 DP 235081, KNOWN AS ELIZABETH STREET, YOUNG NSW ...... 125
2 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden SYMPATHY EXPRESSIONS
MOTION:
That Councillors, staff and members of the public be upstanding for a minutes’ silence to express our sympathy on the passing of;
YOUNG Mr Mark Cockburn, Mrs Gladys Humphries, Mrs Joan Murphy, Mr Thomas Jones, Mr James Loader, Mr Roy Barton, Mr Terence Frost, Mrs Colleen Douglas, Mr Nelson Friend, Mr Maxwell Neylan (Bede)
HARDEN Mrs Beverley Mary Brown
BOOROWA Ms Theresa George, Mrs Robyn Anderson
Moved: Administrator Wendy Tuckerman
3 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden CONFIRMATION OF MINUTES
It is recommended that the minutes of the Ordinary Council meetings held as listed be endorsed as a true and accurate record.
Boorowa Council 18 April 2016 Young Shire Council 20 April 2016 Harden Shire Council 20 April 2016
4 ORDINARY MEETING MINUTES 18 APRIL 2016, commencing at 5.05 PM Held in the Boorowa Council Chamber, 6-8 Market, Boorowa ATTENDANCE Mayor Cr. W Tuckerman
Councillors: C Corcoran, P Sykes, R Gledhill, A Southwell, T McGrath, A Clements, J Ryan, D Evans
STAFF A McMahon General Manager
APOLOGIES J Jordan Assistant General Manager
16/51 RESOLVED:
That the apology be accepted
Councillors: J Ryan/D Evans
SYMPATHY EXPRESSIONS
16/52 RESOLVED:
That Councillors, staff and members of the public be upstanding for a minutes silence to express our sympathy on the passing of;
Mrs Enid Gorham; Mr Ian Smith; Ms Margaret Cusack
Moved: Mayor Councillor Wendy Tuckerman
CONFIRMATION OF MINUTES
16/53 RESOLVED:
That the minutes of the Ordinary Meeting of Council held on 21 March 2016 be confirmed as a true and accurate record.
Councillors: A Southwell/T McGrath
BUSINESS ARISING – MINUTES 21 MARCH 2016
Response from RFS RE: Estimates – revised estimates and are below rate pegging Pickles Auction amounts – fixed price higher than quoted
16/54 RESOLVED:
That the minutes of the Extraordinary Meeting of Council held on 11 April 2016 be confirmed as a true and accurate record.
Councillors: A Clements/A Southwell
______General Manager Mayor ORDINARY MEETING MINUTES 18 APRIL 2016, commencing at 5.05 PM Held in the Boorowa Council Chamber, 6-8 Market, Boorowa DECLARATIONS OF INTEREST Nil
CONFLICT OF INTEREST Nil
COUNCILLOR REPORTS
MAYOR WENDY TUCKERMAN As per Business Paper
CR CHRISTOPHER CORCORAN 5 April Boorowa/Young Merger Public Forum 7 April Opening Cr Neil Henry Gorham Pedestrian Footbridge 8 April South West Regional Waste Group Meeting - Harden 11 April Council Workshop Extraordinary Meeting of Council 18 April Ordinary Meeting of Council
CR PETER SYKES 31 March Community Information Day on Young/Boorowa Merger proposal 1 April Careers Day – Boorowa Central School St Joseph’s School Arts Display Opening 4 April Boorowa Business Advisory Committee 5 April Boorowa/Young Merger Public Forum 6 April Public Inquiry Meeting re: Merger Proposal - Young 8 April Country Education Foundation Fundraiser – Boorowa 9 April Opening Boorowa Railway Display – Courthouse Park 10 April Colour Run – Recreation Park 11 April Council Workshop Extraordinary Meeting of Council 18 April Ordinary Meeting of Council
CR ROBERT GLEDHILL 18 April Ordinary Meeting of Council
CR TIM MCGRATH 31 March Community Information Day on Young/Boorowa Merger proposal 5 April Boorowa/Young Merger Public Forum 11 April Council Workshop Extraordinary Meeting of Council 13 April Woolfest Meeting 18 April Ordinary Meeting of Council
______General Manager Mayor ORDINARY MEETING MINUTES 18 APRIL 2016, commencing at 5.05 PM Held in the Boorowa Council Chamber, 6-8 Market, Boorowa
CR ANDREW SOUTHWELL 1 April Red Hill Reserve Committee Meeting 5 April Boorowa/Young Merger Public Forum 7 April Opening Cr Neil Henry Gorham Pedestrian Footbridge 11 April Council Workshop Extraordinary Meeting of Council 18 April Ordinary Meeting of Council
CR ANGUS CLEMENTS 4 April Boorowa Business Advisory Committee 5 April Boorowa/Young Merger Public Forum 11 April Council Workshop Extraordinary Meeting of Council 13 April Woolfest Meeting 14 April Hovells Creek Landcare Meeting 18 April Ordinary Meeting of Council
CR JACK RYAN 31 March Community Information Day on Young/Boorowa Merger proposal 5 April Boorowa/Young Merger Public Forum 7 April Carinya Court Meeting 11 April Council Workshop Extraordinary Meeting of Council 13 April LG NSW Association President /CEO Meeting – Boorowa Woolfest Meeting 17 April Can Assist St Patrick’s Church – fund raiser 18 April Ordinary Meeting of Council
CR DAVID EVANS 2 April Historical Society Meeting 5 April Boorowa/Young Merger Public Forum 7 April Opening Cr Neil Henry Gorham Pedestrian Footbridge 9 April Opening Boorowa Railway Display – Courthouse Park 11 April Council Workshop Extraordinary Meeting of Council 13 April LG NSW Association President /CEO Meeting – Boorowa 18 April Ordinary Meeting of Council
______General Manager Mayor ORDINARY MEETING MINUTES 18 APRIL 2016, commencing at 5.05 PM Held in the Boorowa Council Chamber, 6-8 Market, Boorowa GENERAL MANAGERS REPORT
16/32 – BOOROWA PARKING STRATEGY
16/55 RESOLVED:
That Council endorse the Draft Parking Strategy inclusive of revised parking layouts as tabled at the meeting to be reviewed by the Local Traffic Committee.
Councillors: D Evans/P Sykes
16/33 – BOOROWA BEAUTIFUL
16/56 RESOLVED:
That Council endorse the use of the Boorowa Beautiful in promotional material and correspondence.
Councillors: A Southwell/P Sykes
16/34 – PAST AND PRESENT PRESIDENTS AND MAYORS
16/57 RESOLVED:
That Council endorse the hanging of a Mayoral and Shire President Honour Board in the Boorowa Council Chambers and allocate a budget of $10,000 to complete the project.
Councillors: D Evans/A Clements
16/35 – 2016 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT
16/58 RESOLVED:
That Council endorse the attendance of the Mayor and General Manager at the 2016 National General Assembly of Local Government.
Councillors: D Evans/P Sykes
16/59 RESOLVED:
That Council endorse the Mayor and General Manager to put forward a motion to the National General Assembly in relation to rural and regional telecommunications services with draft to be circulated to Councillors.
Councillors: R Gledhill/D Evans
______General Manager Mayor ORDINARY MEETING MINUTES 18 APRIL 2016, commencing at 5.05 PM Held in the Boorowa Council Chamber, 6-8 Market, Boorowa
16/36 – ACTION SUMMARY REPORT
16/60 RESOLVED: That Council;
1. Note the status of Council resolutions from the Action Plan; and 2. Endorse the removal of completed items from the Action Plan with removal of 15/264 – unsuccessful submission.
Councillors: A Southwell/P Sykes
16/37 – CASH AND INVESTMENTS AS AT 31 MARCH 2016
16/61 RESOLVED:
That the Statement of cash and investments as at 31 March 2016 be received.
Councillors: R Gledhill/D Evans
16/38 – QUARTERLY BUDGET REVIEW STATEMENT (QBRS)
16/62 RESOLVED:
1. That the March quarterly budget review be received and noted; and 2. That the budget recommendations detailed within the March quarterly budget review be adopted.
Councillors: D Evans/J Ryan
16/39 – DEVELOPMENT APPLICATION STATISTICS
16/63 RESOLVED:
That Council receive and note the status and processing times for development applications, as at 31 March 2016.
Councillors: J Ryan/T McGrath
CORRESPONDENCE FOR ATTENTION
16/64 RESOLVED:
That the balance of correspondence be noted.
Councillors: D Evans/A Southwell
______General Manager Mayor ORDINARY MEETING MINUTES 18 APRIL 2016, commencing at 5.05 PM Held in the Boorowa Council Chamber, 6-8 Market, Boorowa COUNCIL COMMITTEE REPORTS
16/65 RESOLVED:
That the balance of the committee reports be noted.
Councillors: A Southwell/C Corcoran
CLOSED COUNCIL
EXCLUSION OF THE PRESS AND PUBLIC
16/66 RESOLVED:
1. That Council resolve into Closed Council to consider business identified, together with any late reports tabled at the meeting. 2. That pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) as outlined above. 3. That the correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993.
Councillors: D Evans/J Ryan
ITEM 1: COMMERCIAL MATTER
This item is classified CONFIDENTIAL under section 10A(2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:
(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business
______General Manager Mayor ORDINARY MEETING MINUTES 18 APRIL 2016, commencing at 5.05 PM Held in the Boorowa Council Chamber, 6-8 Market, Boorowa
16/41 – POTENTIAL SALE OF 2-6 CORCORAN’S COURT BOOROWA
16/67 RESOLVED: That Council;
1. Council advise the potential purchaser that it will accept no less than $405,000+GST for 2-6 Corcorans Court as previously advised. 2. The sale is conditional upon advice from the Office of Local Government that Council is able to enter into a contract for sale 3. Should the sale proceed that income received be placed in an internally restricted Boorowa Growth Reserve
Councillors: D Evans/P Sykes
16/68 RESOLVED:
That Council move out of closed.
Councillors: D Evans/J Ryan
NEXT MEETING The next meeting of Council is scheduled to be on Monday, 23 May 2016, commencing at 5.00 pm.
TERMINATION There being no further business the meeting closed 7.10pm.
______General Manager Mayor
#213573
M I N U T E S
OF THE
ORDINARY MEETING OF COUNCIL held in the Council Chambers, Town Hall, Boorowa Street, Young
commencing at 5.00 pm, on Wednesday, 20th April, 2016
SHIRE OF YOUNG ORDINARY MEETING OF COUNCIL 20th APRIL, 2016
M I N U T E S
PRESENT
Councillors Brian Ingram (Mayor and Chairperson), Ben Cooper, Stuart Freudenstein, Brian Mullany, Tony Wallace, John Walker, Sandy Freudenstein and Allan Miller.
In attendance
David Aber (General Manager), Craig Filmer (Director – Planning & Environment), Dirk Wymer (Director – Operations), Greg Armstrong (Director – Corporate Services), Leanne Hardy (Personal Assistant), 1 member of the Press and 11 in the gallery.
APOLOGIES
Nil
CONFIRMATION OF MINUTES
83/16 RESOLVED on the motion of Councillors Cooper and Stuart Freudenstein that the minutes of the Ordinary Meeting of Council held on Wednesday, 16th March, 2016, be confirmed as a correct record of the proceedings.
84/16 RESOLVED on the motion of Councillors Sandy Freudenstein and Wallace that the minutes of the Extra-Ordinary Meeting of Council held on Wednesday, 18th March, 2016, be adopted.
This is Page No. 2 of the Minutes of the Ordinary Meeting of Council held on Wednesday, 20th April, 2016.
General Manager Mayor OBITUARIES
ELSIE ELDRIDGE HUGH ROXBURGH ROBERT HONEMAN IAN CALDWELL ARNOLD FULLER DAVID MITCHELL DOUGLAS MELLIS KENNETH VIRGO FRANCIS ENGLISH MAURICE HARCOMBE RUSSELL DORMAN SALVADOR CASTELO BRIAN FAVERO (former Alderman and Mayor of Young Municipal Council) DOROTHY BOOKER (‘better known as BETTE’) (former Alderman and Councillor of Young Municipal Council and Young Shire Council)
RECOGNITION OF COMMUNITY ACHIEVEMENT
85/16 RESOLVED on the motion of Councillors Sandy Freudenstein and Cooper that a letter of thanks be sent to Twomey’s Chartered Accountants for the information morning they put on for Seniors Week.
86/16 RESOLVED on the motion of Councillors Cooper and Stuart Freudenstein that Mark Foreman be thanked for being MC for the Young Sports Awards Dinner.
OPEN FORUM
Nil
DELEGATES REPORTS AND CIVIC DUTY
87/16 RESOLVED on the motion of Councillors Cooper and Stuart Freudenstein that the verbal Delegates Reports and Civic Duties be noted.
This is Page No. 3 of the Minutes of the Ordinary Meeting of Council held on Wednesday, 20th April, 2016.
General Manager Mayor COMMITTEE REPORTS
Young Shire Band – 8.2.16
88/16 RESOLVED on the motion of Councillors Walker and Sandy Freudenstein that the minutes of the Young Shire Band meeting held on 8th February, 2016 be received and adopted.
South West Regional Library Committee – 8.3.16
89/16 RESOLVED on the motion of Councillors Walker and Sandy Freudenstein that the minutes of the South West Regional Library Committee meeting held on 8th March, 2016 be received and the following recommendations adopted:
(i) That members of other public libraries be given free membership of South West Regional Library Service.
(ii) The Director of Riverina Regional Library is advised the South West Regional Library Service in its current form intend to continue membership of the South West Zone Digital Library beyond 30 June 2017, and agree to the increase in contribution and the application of an administration fee. However, due to the proposed amalgamations, this commitment could not be guaranteed post merger.
Fruit Industry Committee Young & Harden – 10.3.16
90/16 RESOLVED on the motion of Councillors Stuart Freudenstein and Sandy Freudenstein that the minutes of the Fruit Industry Committee Young & Harden held on the 10th March, 2016 be received and the following recommendations adopted:
(i) Council receive and note the actions in community and backyard fly management.
(ii) Continue its commitment to support the continuation of S.I.T. within the Young urban area.
Young Sports Advisory Committee – 14.3.16
91/16 RESOLVED on the motion of Councillors Cooper and Stuart Freudenstein that the minutes of the Young Sports Advisory Committee meeting held on 14th March, 2016 be received and adopted.
This is Page No. 4 of the Minutes of the Ordinary Meeting of Council held on Wednesday, 20th April, 2016.
General Manager Mayor Fruit Industry Committee Young & Harden – 7.4.16
92/16 RESOLVED on the motion of Councillors Sandy Freudenstein and Miller that the minutes of the Fruit Industry Committee Young & Harden held on the 7th April, 2016 be received and the following recommendations adopted:
(i) Council receive and note the actions in community and backyard fly management.
(ii) Continue its commitment to support the continuation of S.I.T. (Sterile Insect Technique) within the Young urban area.
GENERAL MANAGER’S REPORT
ITEM 8.01 FINANCE AND PERFORMANCE FOR MARCH/APRIL
Prepared by: General Manager File Number: 162.00
93/16 RESOLVED on the motion of Councillors Sandy Freudenstein and Cooper that the reports for the Finance and Performance for the month of February be received and noted.
ITEM 8.02 TOWN APPROACHES ROADSIDE VEGETATION MANAGEMENT
Prepared by: Director Operations File Number: F112.15
94/16 RESOLVED on the motion of Councillors Sandy Freudenstein and Mullany that Council consider the town approaches roadside vegetation works for funding in the third quarter review to be presented to Council’s May meeting
This is Page No. 5 of the Minutes of the Ordinary Meeting of Council held on Wednesday, 20th April, 2016.
General Manager Mayor
ITEM 8.03 LANDFILL WASH BAY
Prepared by: MANAGER – File Number: 164.01 ENVIRONMENTAL & PUBLIC HEALTH
95/16 RESOLVED on the motion of Councillors Sandy Freudenstein and Walker that this item be open for discussion.
It was moved by Councillors Stuart Freudenstein and Cooper
1. That Council provide a user pays wash bay to the Victoria Street Waste Management Facility.
2. The project be funded from the rehabilitation reserve.
LOST
The General Manager advised that a further report on this project will be provided to the Council as requested.
ITEM 8.04 DRAFT SECTION 94 AND DRAFT SECTION 94A DEVELOPMENT CONTRIBUTIONS - POST EHXIBITION
Prepared by: Director Planning File Number: F154.18 Environment and Strategic Services
96/16 RESOLVED on the motion of Councillors Sandy Freudenstein and Mullany that Council resolves to:
1. Adopt the Young Shire Council Section 94 Developer Contribution Plan and the Young Shire Council Section 94A Developer Contribution Plan as exhibited, without change excepting the insertion of adoption and implementation dates; 2. Council publicly notify the proposed developer contributions raised in the Plans nominated in 1.) above, within the proposed 2016/2017 Operational Plan for exhibition in the upcoming months in order that these charges may be ultimately adopted in the Operational Plan of Council for this next financial year; 3. Council formally repeal the existing Carparking & Stormwater Young Shire Council Section 94 Plan (21 July 1993); 4. The Council Policy No. 00020 – Rural-Roads Contribution Policy be amended by addition of a further paragraph immediately after that which exists which shall read –
“This policy shall only apply to lands in the RU1, RU4 and RU5 zones of Young Shire LEP which have the following minimum lot size inscription on the Young Local Environmental Plan 2010 LSZ Map Series This is Page No. 6 of the Minutes of the Ordinary Meeting of Council held on Wednesday, 20th April, 2016.
General Manager Mayor
RU5 - included in this policy but no nominal lot size set RU4 - AB1 and AB2 tagged lands RU1 - AB1, AB2, and AD tagged lands”
5. Young Shire Policy No 20 be exhibited for a minimum of twenty eight (28) days with the above inclusion before being reported back to Council for decision 6. The Young Shire Council Section 94 and 94A Developer Contributions Plans 2016 and also the changes to the Young Shire Council Policy No 00020 have implementation dates of 1 July 2016. 7. The NSW Minister for Planning’s Delegate at the NSW Department of Planning’s Wollongong Office be provided a copy of the Contributions Plans at Council’s earliest convenience.
Record of Councillor Voting on Planning Matters in accordance with Section 375A of the Local Government Act, 1993.
Clr Stuart Freudenstein For Clr Tony Wallace For Clr Ben Cooper For Clr Brian Ingram For Clr Brian Mullany For Clr Sandy Freudenstein For Clr John Walker For Clr Allan Miller For
ITEM 8.05 TEMPLEMORE ST STORMWATER DRAINAGE
Prepared by: A / Director of Utility File Number: F33.00 Services
97/16 RESOLVED on the motion of Councillors Walker and Mullany that Council accept the proposal by the property owner to complete the work detailed above for an estimated cost to Council of $79,500
ITEM 8.06 LEED ENGINEERING, TEMPORARY SEWER CONNECTION
Prepared by: A / Director of Utility File Number: F127.11 Services
98/16 RESOLVED on the motion of Councillors Stuart Freudenstein and Mullany that Council approve, post construction, the waiving of the sewer connection fee because the works were completed by Leed Engineering and at no cost to the Council.
This is Page No. 7 of the Minutes of the Ordinary Meeting of Council held on Wednesday, 20th April, 2016.
General Manager Mayor ITEM 8.07 ROADSIDE DRAINAGE MILVALE ROAD
Prepared by: Director Operations File Number: property file 181 and 183 Milvale Road
99/16 RESOLVED on the motion of Councillors Walker and Sandy Freudenstein
1. That Council approve the creation of an easement to drain stormwater across portions of 181 and 183 Milvale Road under the following terms of agreement: i) blackmaxx or similar recycled plastic pipeline laid as shown in the diagram to pipe all public infrastructure on private land ii) blackmaxx or similar recycled plastic pipeline used to pipe 30m of the Milvale Road frontage iii) a shallower dish drain to be constructed along the alignment of the plastic pipeline to cater for heavier rainfall / overflow event iv) the remainder of the table drain to be realigned onto public land v) replacement tree to be provided along the frontage of 183 Milvale Road to replace the removed trees 2. That the seal of the Council of the Shire of Young be applied to the ‘Deed of Agreement’ formalising the creation of the drainage easement
ITEM 8.08 2016/DA-00014 – SUBDIVISION – 10 BOYDS LANE, YOUNG
Prepared by: Manager of Planning File Number: F149.01
This item has been deferred at the written request of the Applicant.
ITEM 8.09 PROPOSED PROPERTY ACQUISTION - 2 MAIN STREET, YOUNG
Prepared by: Director Operations File Number: Property file 2 William Street
100/16 RESOLVED on the motion of Councillors Walker and Mullany that the Seal of the Council of the Shire of Young be applied to the ‘Deed of Agreement’ formalising the land acquisition at 2 Main Street Young under the following terms (i) Council meeting all legal costs (ii) Council purchasing the area land at its pro-rata rateable value (the area of acquisition proposed is 15m2 at a value of $770 incl GST) (iii) The construction of a 5m wide concrete driveway from the William Street kerb line to the property boundary
This is Page No. 8 of the Minutes of the Ordinary Meeting of Council held on Wednesday, 20th April, 2016.
General Manager Mayor
ITEM 9 CORRESPONDENCE
9.01 #209975 17.06/130.00 AUSTRALIA REMEMBERS
The motion was deferred till the next meeting.
9.02 #210203-02 157.00/23.03 SOUTHERN SLOPES TRANSPORT WORKING GROUP,
101/16 RESOLVED on the motion of Councillors Walker and Sandy Freudenstein that Council receive and note the Minutes of the Southern Slopes Transport Working Group meeting held 16th November, 2015.
9.03 #210321-01 78.06 HIGH GROUND CONSULTING
102/16 RESOLVED on the motion of Councillors Mullany and Cooper that Councillors receive and note the March 2016 report from High Ground Consulting.
9.04 #211314 21.01/130.00 AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION
103/16 RESOLVED on the motion of Councillors Walker and Stuart Freudenstein that the information be received and noted.
9.05 #211335 172.00 YOUNG LOCAL HEALTH ADVISORY COMMITTEE,
Clr Walker declared an interest in this item.
104/16 RESOLVED on the motion of Councillors Stuart Freudenstein and Cooper that $500 donation be made to Young Local Health Advisory Committee.
This is Page No. 9 of the Minutes of the Ordinary Meeting of Council held on Wednesday, 20th April, 2016.
General Manager Mayor
9.06 #211439 F97.02 WESTERN REGION ACADEMY OF SPORT
105/16 RESOLVED on the motion of Councillors Walker and Cooper that this request is being made through the Section 356 Committee.
9.07 #212675-01 78.06 HIGH GROUND CONSULTING
106/16 RESOLVED on the motion of Councillors Sandy Freudenstein and Mullany that Councillors receive and note the April 2016 report from High Ground Consulting.
107/16 RESOLVED on the motion of Councillors Stuart Freudenstein and Mullany that the following late item of correspondence be dealt with as a matter of urgency.
9.08 #212508 NSW RURAL DOCTORS NETWORK
108/16 RESOLVED on the motion of Councillors Stuart Freudenstein and Mullany that Council does not donate to the NSW Rural Doctors Network.
ITEM 10 CONFIDENTIAL REPORT
10.1 TENDER FOR THE CLOETE STREET PAVEMENT RECONSTRUCTION 10.2 PROPOSED TENDER FOR SELECT AND PAVEMENT LAYERS APPS LANE REALIGNMENT
PUBLIC ACCESS TO COUNCIL MEETINGS
In accordance with s10(1) of Local Government Act 1993 -
Everyone is entitled to attend a meeting of the Council and those of its committees except as provided by s10A(2). s10A of the Local Government Act 1993 further provides that 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 the receipt or discussion of any of the following:
This is Page No. 10 of the Minutes of the Ordinary Meeting of Council held on Wednesday, 20th April, 2016.
General Manager Mayor
(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,
109/16 RESOLVED on the motion of Councillors Mullany and Wallace that Council close the meeting to the public in accordance with s10A of the Local Government Act 1993 in order to consider the Confidential Reports:
10.1 TENDER FOR THE CLOETE STREET PAVEMENT RECONSTRUCTION 10.2 PROPOSED TENDER FOR SELECT AND PAVEMENT LAYERS APPS LANE REALIGNMENT
Due to the following:
(c ) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business, (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.
ITEM 10.1 TENDER FOR THE CLOETE STREET PAVEMENT RECONSTRUCTION
Prepared by: Works & Contracts File Number: F93.01.277 Engineer
110/16 RESOLVED on the motion of Councillors Mullany and Stuart Freudenstein
1. That Council accept the schedule of rates tender from Fulton Hogan Industries Pty Ltd for the asphaltic concrete reconstruction of Cloete Street and Zouch Street, Young in accordance with the requirements of request for tender 277 of 2016.
This is Page No. 11 of the Minutes of the Ordinary Meeting of Council held on Wednesday, 20th April, 2016.
General Manager Mayor
2. That Council note the payments made under a schedule or rates contract will vary from the scheduled amount in this report.
3. That Council note the tendered amount of $507,258.00 (including GST) based on the quantities provided in the schedule of rates.
ITEM 10.2 PROPOSED TENDER FOR SELECT AND PAVEMENT LAYERS APPS LANE REALIGNMENT
Prepared by: Director Operations File Number: F72.13,F72.14, F112.00
111/16 RESOLVED on the motion of Councillors Mullany and Stuart Freudenstein:
1. Council tender for the delivery of the select, subbase and base pavement layers of the Olympic Highway Apps Lane project.
2. Due to the urgency of the project that Council shorten the statutory 21 day tender period to 14 days to: · minimise the time delay to project commencement for the community · the potential contract delay cost claims against it · demonstrate to the RMS that the pricing as submitted for the project is commercially based in the marketplace
The meeting concluded at 6.51 pm.
This is Page No. 12 of the Minutes of the Ordinary Meeting of Council held on Wednesday, 20th April, 2016.
General Manager Mayor
ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden GENERAL MANAGERS REPORT
16/01 – COUNCIL MEETING SCHEDULES
Reference: 5.3.2.25 Responsible Officer: General Manager
PURPOSE
The purpose of this report is to recommend a calendar for meeting times and locations of Ordinary Council Meetings to be endorsed by the newly formed Hilltops Council.
REPORT
The Local Government Act 1993 stipulates that a local Council is required to meet at least ten (10) times per year, each time in a different month. (LGA – S 365) Commencement time and location are not directly covered in the Local Government Act 1993 or the Local Government Regulation 2005 and Council is able to set the time and location of Ordinary Council Meetings.
It is recommended ordinary Council meetings be scheduled as the fourth (4th) Wednesday of every month. A commencement time of 5:30 pm is recommended and the location of the meetings is to be alternated between Young, Boorowa and Harden keeping with that rotational order.
Given the timing of the first extraordinary meeting of Hilltops Council it is recommended that an additional ordinary meeting be held on the second week of June 2016.
Should there be a need for an extraordinary meeting of Council it is recommended the Administrator determine the location based on the content of the Agenda.
STATUTORY PROVISIONS
The Local Government Act 1993 stipulates that a local Council is required to meet at least ten (10) times per year, each time in a different month. (LGA – S 365) Councils must give public notice of the time and place of ordinary council and committee meetings (s.9 of the Act). The notice must be published in a local newspaper (in this circumstance it shall be published in at least one local newspaper that circulates in each of Harden, Young and Boorowa), indicating the time and place of the meeting (cl.232 of the Regulation).
5 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
POLICY IMPLICATIONS
The endorsed schedule will need to be written into the Hilltops Council Code of Meeting Practice.
RECOMMENDATION
It is recommended that Council;
1. Conduct Ordinary Council meetings on the fourth Wednesday of each month with an additional meeting on the second Wednesday of June 2016 with meetings to commence at 5:30pm; 2. The location of the Ordinary Council Meetings to be alternated between Young, Boorowa and Harden keeping with that rotational order. 3. Council advertise the time and location for Ordinary Meetings of Council 4. Should the need for any Extraordinary Meeting arise the location be determined on the content of the agenda with location of Extraordinary Meetings not to impact the location of Ordinary Council meetings
6 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
16/02 – DRAFT HILLTOPS COUNCIL PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO MAYOR AND COUNCILLORS
Reference: 5.3.2 Responsible Officer: General Manager
PURPOSE
This report is being written to present the Administrator with a Draft Hilltops Council Payment of Expenses and Provision of Facilities to Mayor and Councillors and request endorsement to place the document on public exhibition for a period of 28 days.
REPORT
A key process in the implementation of new Councils is the adoption of new codes, plans, strategies and policies to govern the new Council.
The Local Government (Council Amalgamations) Proclamation 2016 (NSW) Part 2 Division 3 Section 19(1) states:
The codes, plans, strategies and policies of the new council are to be, as far as practicable, a composite of the corresponding codes, plans, strategies and policies of each of the former councils.
The drafting of the attached Hilltops Council Payment of Expenses and Provision of Facilities to Mayor and Councillors takes into account the differing content and structure of the former three councils’ documents to provide a composite policy for the Hilltops Council that clearly ensures that the Hilltops Council acts in a manner that is consistent and transparent to the general public.
STATUTORY PROVISIONS
This policy is drafted in compliance with the requirements of Sections 252, 253 and 254 of the Local Government Act 1993, and clause 403 of the Local Government (General) Regulation 2005, with regard to the Division of Local Government Department of Premier and Cabinet ‘Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors in NSW’ – October 2009.
The composition of this policy is in direct compliance with the Local Government (Council Amalgamations) Proclamation 2016 (NSW) Part 2 Division 3 Section 19(1).
7 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
CONSULTATION
The Draft Hilltops Council Payment of Expenses and Provision of Facilities to Mayor and Councillors will be required to be put on public exhibition for a period of twenty-eight (28) days.
ATTACHMENTS
Attachment 1 - Draft Hilltops Council Payment of Expenses and Provision of Facilities to Mayor and Councillors
RECOMMENDATION
It is recommended that the Administrator; endorse the public exhibition of the Draft Hilltops Council Payment of Expenses and Provision of Facilities to Mayor and Councillors for a period of twenty-eight (28) days.
8
Hilltops Council
Payment of Expenses and Provision of Facilities to Administrators, Implementation Advisory Group and Local Representative Committee Members
2016
CONTENTS
DOCUMENT CONTROL 2
1. OBJECTIVE 3
2. RELEVANT LEGISLATION & GUIDANCE 3
3. DEFINITIONS 3
4. DELEGATION OF AUTHORITY 4
5. POLICY 4 5.1. GENERAL EQUIPMENT AND FACILITIES 4 5.2. GENERAL ALLOWANCES 5 5.3. TRAVEL AND RELATED EXPENSES 5 5.4. ATTENDANCE AT SEMINARS AND CONFERENCES 7 5.5. TRAINING AND EDUCATIONAL EXPENSES 8 5.6. PAYMENT OF EXPENSES FOR SPOUSES, PARTNERS AND ACCOMPANYING PERSONS 8 5.7. CARER AND OTHER RELATED EXPENSES 9
6. PROVISION OF ADDITIONAL EQUIPMENT AND FACILITIES FOR ADMINISTRATOR 9
7. PRIVATE USE OF EQUIPMENT AND FACILITIES 10
8. ADMINISTRATION 10 8.1. PAYMENT IN ADVANCE 10
9. LEGAL ASSISTANCE FOR ADMINISTRATOR AND COMMITTEE MEMBERS 11
10. INSURANCE 12
11. REVIEW AND REPORTING 12 11.1. REVIEW 12 11.2. REPORTING 13
Hilltops Council |Payment of Expenses and Provision of Facilities to Administrators, 1 Implementation Advisory Group and Local Representation Committee Members Policy
12. DISPUTE RESOLUTION PROCESS 13
13. OTHER MATTERS 13 13.1. BREACHES 13 13.2. ACQUISITION AND RETURN OF EQUIPMENT AND FACILITIES TO ADMINISTRATORS AND COMMITTEE MEMBERS 14 13.3. PERSONAL INTERESTS 14 13.4. RECORD KEEPING, CONFIDENTIALITY AND PRIVACY 14
Document Control Policy Payment of Expenses and Provision of File Number Facilities to Administrators, Implementation Advisory Group and Local Representative Committee Members Author/Reviewer Interim Review Period 1 year/ June 2016 General Manager – Anthony McMahon and Date
Document History The Hilltops Council Payment of Expenses and Provision of Facilities to Administrators, Implementation Advisory Group and Local Representative Committee Members Policy has been created and updated as shown in the Document History. The current version is described in the Document Control. This policy will be reviewed at the review date shown in the Document Control or sooner if required. Any changes to the policy must be made by resolution and follow the process described in Section 1.5.
Date Status Version Resolution Description May 2016 Draft 0.1 Created
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1. OBJECTIVE
The purpose of the policy is to ensure that the Administrator and all members of both the Implementation Advisory Group (IAG) and the Local Representative Committees (LRCs) receive adequate and reasonable expenses and facilities to enable them to carry out their civic duties. It ensures that these are provided in an accountable and transparent manner and does so by ensuring
the provisions of the policy allow all members of the committees to undertake their civic duties without being financially or otherwise disadvantaged; clear identification of the expenses that may be claimed, and facilities that will be provided, to the Administrator and the members of the IAG and the LRCs of the Hilltops Council in carrying out their civic duties; compliance with the requirements of Sections 252, 253 and 254 of the Local Government Act 1993, and clause 403 of the Local Government (General) regulation 2005.
This policy excludes annual fees paid to the Administrator and committee members in accordance with Sections 248-251 of the Local Government Act 1993. Fees paid to the Administrator are to be determined by the Minister for Local Government and the Administrator is to determine the fees to be paid to members of the IAG and LRC’s. Expenses and facilities outside of this policy will not be considered. This policy serves to ensure the Hilltops Council and all appointed committee members act in a manner that is consistent and transparent to the general public.
2. RELEVANT LEGISLATION & GUIDANCE
- Local Government Act 1993 (specifically Sections 252-254) - Local Government (General) Regulation 2005 (specifically Clause 403) - Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors in NSW (DLG 2009) - DLG Circular – 08/24 and 10/26 – Misuse of Council Resources - Council Code of Conduct - No Excuse for Misuse, Preventing the Misuse of Council Resources – ICAC Guidelines 2 – November 2002 - DLG Circular – 05/08 – Legal assistance for Councillors and Council employees 3. DEFINITIONS
Year - the financial year (1st July to 30th June) Expenses- payments made by the Council to reimburse the Administrator and Committee Members for reasonable costs or charges incurred or to be incurred for discharging their civic functions. Expenses are separate and additional to annual fees.
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Facilities- Equipment and services that are provided by Councils to the Administrator and Committee Members to enable them to perform their civic functions with relative ease and at a standard appropriate to their professional role. DLG - Department of Premier and Cabinet – Division of Local Government ICAC – Independent Commission against Corruption State – references to the State (NSW) include the ACT due to the community of interest in the provision of services in the region The Act - Local Government Act 1993 The Regulation - Local Government (General) Regulation 2005 GIPA Act - Government Information (Public Access) Act 2009
4. DELEGATION OF AUTHORITY
Authority for the implementation of the Payment of Expenses and Provision of Facilities to Administrators, Implementation Advisory Group and Local Representative Committee Members Policy is delegated by the Administrator to the Interim General Manager in accordance with the Local Government Act 1993.
5. POLICY
5.1. GENERAL EQUIPMENT AND FACILITIES The following table outlines the general equipment and facilities available to the Administrator and Committee Members along with monetary limits where applicable.
With the exception of a private vehicle per kilometre allowance, reimbursement of the Administrator and Committee Members will only be made on the basis of actual expenses incurred in performing the duties of Administrator or Committee Member, a delegate or representing Council (as requested by the Administrator or authorised by the Interim General Manager). Such expenses do not include those incurred as a result of anything other than Council business. Facility/Expense Administrator Implementation Advisory Local Representative Group Committee Facilities available/Not available for Council business use Motor Vehicle* Council vehicle with fuel card Council vehicle or km Council vehicle or km will be made available for reimbursement subject to reimbursement subject to official Council business policy (equivalent to unit rate: policy (equivalent to unit rate: as per Local Government as per Local Government State Award) State Award) Furnished Mayoral office* Available Available by arrangement Available by arrangement including use of with Mayor or Interim General with Mayor or Interim General telecommunications Manager Manager Mobile Telephone Available Available Limit $100 per Not available month Laptop Available Not available Not available iPad Available Available Available Secretarial and Available Available by arrangement Available by arrangement Administrative Support* with Interim General Manager with Interim General Manager Internet connection Available – Limit $70 per Limit $20 per month Limit $20 per month month Photocopier – official Available Available Available Hilltops Council |Payment of Expenses and Provision of Facilities to Administrators, 4 Implementation Advisory Group and Local Representation Committee Members Policy purpose only* Stationary and office Available Available Available supplies * Business cards* Available Available Not Available Name badges Available Available Available Credit Card Available – Limit $5,000.00 Not available Not available Safety Equipment for Available Available Available official duties Meals/refreshments related Available Available Available to council, committee and work group meetings and office functions* Use of Council Chamber Available when free Available when free Available when free 5.2. GENERAL ALLOWANCES In accordance with the Local Government Act 1993, this policy does not permit the payment to the Administrator or any Committee Member of an allowance in the nature of a general expense or allowance.
5.3. TRAVEL AND RELATED EXPENSES
5.3.1. Sustenance Where it is likely that the Administrator or Committee Members will incur expenses, as a result of attending to business outside the Hilltops Council area, which has been approved in accordance with Council policy and cannot be pre-paid, a sustenance allowance of $150.00 per night will be drawn in advance. It should be noted that such an allowance is not an authority to incur unsubstantiated expenses to that amount. Any expenses paid from the sustenance allowance shall be fully substantiated and the unexpended balance of the sustenance allowance repaid to Council. Where an Administrator or Committee Member incurs sustenance expenses that arise from attending to business which has been approved in accordance with Council policy, but does not involve an overnight stay and/or absence from the Hilltops Council area, reimbursement of actual costs incurred will be paid provided that there is adequate substantiation of the expenditure. 5.3.2. Accommodation For all approved conferences, seminars etc, Council shall pay the cost of accommodation, meals and beverages for all necessary overnight stays, provided the accommodation is approved by the Interim General Manager and subject to the submission of appropriate accounts and/or receipts. Wherever possible, Council staff shall make all arrangements and bookings for accommodation. A monetary limit of $400 per night applies to accommodation, unless extenuating circumstances apply.
5.3.3. Travel Approved travel shall be in the most efficient and effective manner having regard to the requirements of individual Administrator or Committee Member. All reasonable travel costs
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associated with meeting the requirements of the role of Administrator or Committee Member will be met by Council in accordance with the following guidelines:
5.3.3.1. Local Travel The Administrator and Committee Members are entitled to claim a per kilometre allowance (per kilometre allowance is equal to the rates determined under the Local Government (State) Award) for the use of a private vehicle to drive between their place of residence and the Council Chambers, inspections within the area undertaken in compliance with a Council resolution, meetings which Council has endorsed membership, civic receptions hosted by Council, or the meetings or functions approved by the Administrator or Interim General Manager, and return.
5.3.3.2. Interstate Travel Prior approval of travel should be obtained from Council for interstate travel. The application for approval should include full details of the travel, including itinerary, costs and reasons for the travel. All reasonable travel costs will be met by Council. Travel will be by vehicle in most cases, however depending on circumstances it may be more appropriate to travel by air or train. 5.3.3.3. Travel by Vehicle Travel by motor vehicle may be undertaken by Council vehicle (where available) or by private vehicle, subject to prior approval by the Administrator or Interim General Manager. Where practicable, travel shall be by way of Council vehicle. The driver is personally responsible for all traffic or parking fines incurred while travelling on council business. Where an Administrator or Committee Member uses a private vehicle, they shall be reimbursed on a per kilometre basis at the rate currently applying to the Local Government (State) Award but subject to such cost not exceeding economy class air fares to and from the particular destination. Administrators or Committee Members using their private vehicle are required to ensure that the motor vehicle is legally registered and at least insured for third party damage. The intent of such allowance is to cover all associated expenses incurred by the Administrator or Committee Member as a result of such travel including fuel, registration, insurance and wear and tear costs, or the components thereof related to the said travel. Wherever possible, every effort is to be made to minimise such costs through the use of Council vehicles and sharing with other Committee Members and staff where appropriate. Typically, an Administrator or Committee Members’ private vehicle is likely to be used for:
Hilltops Council |Payment of Expenses and Provision of Facilities to Administrators, 6 Implementation Advisory Group and Local Representation Committee Members Policy
a) travel to/from Council and Council Committee meetings, b) travel to/from authorised inspections, c) travel to/from Council authorised workshops, courses, seminars or conferences. Reimbursement will not be paid for any expense incurred through attending to the needs of constituents except as provided by this policy. Travel other than by private vehicle (i.e. by taxi, train or other public transport) shall be reimbursed on an actual cost basis. Any claims for reimbursement under this section must be made within three months from the date of the travel, on the forms provided by Council for this purpose. 5.3.3.4. Air travel Where the Council or the Interim General Manager deems travel by an Administrator or a Committee Member by road vehicle inappropriate, travel may be by air. When travelling by air, the standard of air travel shall be economy class. Council staff shall under normal circumstances make arrangements and bookings for air travel. 5.4. ATTENDANCE AT SEMINARS AND CONFERENCES Attendance at Annual Conferences of the Local Government Association of NSW will normally be undertaken by the Administrator.
Committee Members may be nominated to attend conferences, seminars and similar functions relevant to Council’s interests by:-
a) The Administrator, acting within his/her delegated authorities and subject to budget requirements
Approval to attend must be resolved at a Council meeting or by both the Administrator and Interim General Manager if attendance is required prior to the next Council meeting. The Administrator may attend a conference to represent the interests of Council and any attendance shall be reported to Council.
The Administrator and Committee Members will be required to provide a written report to Council on such conferences.
Council will pay conference registration fees, including the costs of related official meals or activities where these are relevant to the business and interests of Council.
Where the Administrator or a Committee Member is unable to attend a conference or seminar and a full refund of fees paid cannot be obtained, or an alternative delegate cannot be substituted, the
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Administrator or Committee Member shall be responsible for the payment of any shortfall, unless extenuating circumstances apply.
In respect of a conference or seminar, an Administrator or Committee Member who does not attend the majority of the sections of the conference/seminar shall be eligible for only 40% reimbursement of any sustenance, accommodation and travel expenses, unless extenuating circumstances apply.
Where attendance at other functions is relevant to Councils interest by reason of briefings, information or networking with key community members, business identities or politicians, approval may also be given by Council. Such approval will extend to the cost of the function and not to political donations.
No payment should be made by a council for attendance by an Administrator or Committee Member at any political fundraising event, for any donation to a political party or a candidate’s electoral fund, or for some other private benefit.
5.5. TRAINING AND EDUCATIONAL EXPENSES Separate provision is made in the budget for training and education of Administrators and Committee Members. These expenses are to support and encourage an active learning process and development of skills. This will assist the Administrator or Committee Member with his/her civic functions and responsibilities.
This initiative supports NSW Government policy in encouraging Administrators and Committee Members to undertake relevant training and skills development to ensure they carry out their functions as effectively as possible.
5.6. PAYMENT OF EXPENSES FOR SPOUSES, PARTNERS AND ACCOMPANYING PERSONS There may be occasions where certain costs incurred by the Administrator or Committee Member on behalf of their spouse, partner or accompanying person are properly those of the Administrator or Committee Member in the performance of his or her functions. An accompanying person is a person who has a close personal relationship with the Administrator or Committee Member and/or provides carer support to the Administrator or Committee Member.
Council will meet reasonable costs of spouses and partners or an accompanying person when attending official Council functions that are of a formal and ceremonial nature, and is considered appropriate when accompanying the Administrator or Committee Member within the Local Government Area.
Such functions would be those that an Administrator or Committee Member’s spouse, partner or accompanying person could be reasonably expected to attend. Examples could include but not be limited to, Australia Day award ceremonies, Citizenship ceremonies, civic receptions and charitable functions for charities formally supported by the Council.
Hilltops Council |Payment of Expenses and Provision of Facilities to Administrators, 8 Implementation Advisory Group and Local Representation Committee Members Policy
Expenses of spouses, partners or accompanying persons associated with attendance at the Local Government NSW Annual Conference, will be met by Council. These expenses are limited to the full cost of the conference which includes accommodation, transportation, registration, official conference dinner and organised conference/seminar partner activities.
No objection is raised to attendees being accompanied by their spouse/partner to other conferences and seminars that are Council approved. Costs of spouse/partner are not covered unless specifically stated by council resolution.
Council will consider an application for the reimbursement of reasonable expenses related to the Administrator or Committee Member’s care responsibilities allowing Administrators or Committee Members to undertake their civic responsibilities.
Council will also reimburse expenses for the spouse, partner or accompanying person of an Administrator, or a Committee Member when they are representing the Administrator, when they are called on to attend an official function of Council or carry out an official ceremonial duty while accompanying the Administrator outside the Council’s area, but within the State.
Examples: charitable functions to which the Administrator is invited, award ceremonies and other functions at which the Administrator will represent the Council.
Peripheral expenses incurred in attending seminars and conferences by spouses, partners or accompanying persons such as grooming, special clothing and transport are not considered reimbursable expenses.
5.7. CARER AND OTHER RELATED EXPENSES Council will reimburse reasonable cost of carer arrangements, including childcare expenses and the care of elderly, disabled and/or sick immediate family members of the Administrator or other Committee Members, to allow them to undertake their Council business obligations.
This is in accordance with the principles of participation, access and equity which the Department also considers to be a legitimate expense. An Administrator or Committee member claiming the carer expense will not be subject to criticism for doing so.
Council agrees to provide or to reimburse other related expenses associated with the special requirements of Administrators or Committee Members such as disability and access needs, to allow them to perform their normal civic duties and responsibilities.
6. PROVISION OF ADDITIONAL EQUIPMENT AND FACILITIES FOR ADMINISTRATOR
In addition to the facilities, equipment and services provided to Committee Members, additional facilities are provided to the Administrator to recognise the special role, responsibilities and duties both in the Council and in the community:
a) Appropriately furnished and equipped office. Hilltops Council |Payment of Expenses and Provision of Facilities to Administrators, 9 Implementation Advisory Group and Local Representation Committee Members Policy
b) Appropriate Secretarial support for the purpose of Council business only. c) Appropriate refreshments and beverages to the Administrator’s office for hospitality purposes. d) A mobile telephone or subsidy of their personal telephone to a maximum amount of $100.00 per month. e) A broadband internet connection. 7. PRIVATE USE OF EQUIPMENT AND FACILITIES
Council resources should be used ethically, efficiently and carefully in the course of official duties. The Administrator and Committee Members should not obtain private benefit from the provision of equipment and facilities or travel programs. However it is acknowledged that incidental use of Council equipment and facilities may occur from time to time. Such incidental private use is not subject to a compensatory payment. Where more substantial private use has occurred, the Act provides that a payment may be made to cover the level of that private use. 8. ADMINISTRATION
8.1. PAYMENT IN ADVANCE The Council will normally pay registration fees, accommodation deposits and airline tickets direct in advance. Where this is not appropriate or possible a cash allowance or cheque equivalent thereto will be paid to the attendee in advance. An allowance for "out-of-pocket" expenses may be paid to an attendee in advance upon request, subject to a reconciliation statement, together with a refund of any unexpended amount being submitted within fourteen (14) days of the close of the conference, seminar or function. All advanced payments are required to be reconciled.
8.2. REIMBURSEMENT AND RECONCILIATION OF EXPENSES
8.2.1. Out-of-Pocket Expenses Reasonable out-of-pocket expenses will be reimbursed for costs associated with attending the conference, seminar or function, including meals, refreshments and entertainment, but excluding expenses of a normal private matter. This payment would normally be at the current daily rate adopted for Council Staff in accordance with Public Service rates upon the presentation of official receipts and the completion of the necessary claim form.
8.2.2. Incidental expenses Incidental expenses could reasonably include telephone or facsimile calls, refreshments, internet charges, laundry and dry cleaning, newspapers, taxi fares and parking fees. In addition, the cost of meals not included in the registration fees for conferences or similar
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functions may be reimbursed after reconciliation. Council will place a daily limit of $150.00 on these out of pocket incidental expenses.
8.2.3. Lodging a claim Reimbursement is subject to a formal claim being lodged not later than three (3) months after the expense was incurred on the approved Reimbursement Form attached in Annexure 1. The reconciliation of prepayments must be made on a Reconciliation Statement (attached in Annexure 2). This statement together with any refund of unexpended amounts is to be submitted to Council within fourteen (14) days of the Councillors return.
9. LEGAL ASSISTANCE FOR ADMINISTRATOR AND COMMITTEE MEMBERS
Council will disburse money only if the disbursement is authorised by the Local Government Act 1993, either expressly or because it is supplemental or incidental to or consequential upon the exercise of its functions.
In the particular circumstances outlined below, Council may indemnify or reimburse the reasonable legal expenses of:
a) An Administrator or Committee Member defending an action arising from the performance in good faith of a function under the Local Government Act (section 731 refers); or
b) An Administrator or Committee Member defending an action in defamation provided the statements complained of were made in good faith in the course of exercising a function under the Act; or
c) An Administrator or Committee Member for proceedings before the Local Government Pecuniary Interest and Disciplinary Tribunal or an investigative body provided the subject of the proceedings arises from the performance in good faith of a function under the Act and the Tribunal or investigative body makes a finding substantially favourable to the Administrator or Committee Member.
Legal expenses incurred in relation to proceedings arising out of the performance by an Administrator or Committee Member of his/her functions under the Act should be distinguished from expenses incurred in relation to proceedings arising merely from something that an Administrator or Committee Member has done during his or her term in office. An example of the latter is expenses arising from an investigation as to whether an Administrator or Committee Member acted corruptly by using knowledge of a proposed rezoning for private gain. This latter type of expense should not form part of a policy adopted under section 252 of the Act.
Council may lawfully obtain insurance cover against the risk of having to meet the costs of or to reimburse an Administrator or Committee Member provided that the costs or reimbursements are ones that the Council is authorised to meet.
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Council may not meet the costs of an action in defamation taken by an Administrator, Committee Member or Council employee as plaintiff in any circumstances.
Council may not meet the costs of an Administrator or Committee Member seeking advice in respect of possible defamation, or in seeking a non-litigious remedy for possible defamation.
Where doubt arises in relation to any of these points Council will seek legal advice.
10. INSURANCE
Administrator and Committee Members are to receive the benefit of insurance cover for:
a) Personal Injury
Personal injury whilst engaged in or on any activity directly or indirectly connected with or on behalf of Council, worldwide, (including spouses/partners) to a sub-limit as suggested by Council’s insurance brokers and market standards, in the event of death. Also, weekly benefits and non-medical expenses will also be adequately covered, with coverage reviewed annually in line with policy renewals. The cover does not include medical expenses.
b) Public Liability
Limited legal liability cover for Administrators and Committee Members for libel and slander is provided under the above policy. It should be clearly noted and understood that this coverage is for strictly non malicious or non vexatious statements uttered whilst on Council business, i.e. statements made under qualified privilege.
c) Administrators, Committee Members and Officers Liability
For matters arising out of the Administrators’ or Committee Members’ performance of civic duties or exercise of their functions as Administrator or Committee Member provided that the performance or exercise of the relevant civic duty or function is authorised under the Local Government Act 1993, was carried out in good faith, and is in the opinion of Council bona fide and/or proper.
d) Travel Insurance
Council also will provide travel insurance for approved interstate and overseas travel on Council business subject to any limitations or conditions set out in Council’s policy of insurance.
Full details of these policies are available on request from the Interim General Manager.
11. REVIEW AND REPORTING
11.1. REVIEW In complying with the requirements of Sections 252 and 253 of the Act Hilltops Council will annually: Hilltops Council |Payment of Expenses and Provision of Facilities to Administrators, 12 Implementation Advisory Group and Local Representation Committee Members Policy
a) Review its expenses and facilities policy within 3 months of the end of the year b) Following that review give public notice of its intention to adopt the policy c) Allow at least 28 days for public submissions on the draft policy d) Consider any submissions and make appropriate changes to the draft policy e) Adopt the (modified) policy at the next Ordinary Council meeting All considerations of the expenses and facilities policies in Council meetings will be open to the public Where the policy is amended during the year the same process may be followed, however the public notice provision may be waived if the amendment is not substantial. 11.2. REPORTING In accordance with Section 428 (f) of the Local Government Act 1993 and Section 217 (1) of the Local Government (General) Regulation 2005, details of expenditure on Administrator and Committee Member fees and expenses made under this policy along with other information required by the legislation will be reported in Councils Annual Report. 12. DISPUTE RESOLUTION PROCESS
In the event there is a dispute in relation to the provision of expenses and facilities to Administrators or Committee Members, the following shall be the process to resolve the dispute:
An Administrator or Committee Member wishing to dispute the provision of expenses and facilities must document the nature of their dispute including the supporting reasons/arguments for them lodging the dispute. Once complete the dispute should be lodged with the Interim General Manager.
The Interim General Manager will assign a Council Staff member independent of the process to prepare a report on the dispute to Council. The Council Report will include:
a) the nature and circumstances of the dispute; b) relevant sections of this Policy; and c) a recommendation. The Council Report will be tabled and determined in Open Council.
The Administrator and Committee Members should give consideration to the provisions in the Code of Conduct relating to Conflicts of Interest when a dispute they have lodged is presented to Council for a determination.
13. OTHER MATTERS
13.1. BREACHES Inappropriate claiming of expenses or misuse of facilities by Administrators or Committee Members is a breach of this policy (and others) and must be reported to the Interim General Manager.
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13.2. ACQUISITION AND RETURN OF EQUIPMENT AND FACILITIES TO ADMINISTRATORS AND COMMITTEE MEMBERS Administrators and Committee Members will return equipment and other facilities to the Council after the completion of their term of office, extended leave of absence or at the cessation of their civic duties. The Administrator and Committee Members will be provided with the option to purchase Council equipment previously allocated to them at the cessation of their duties. If the item is for sale it should be purchased at an agreed fair market price or written down value 13.3. PERSONAL INTERESTS The interests of an Administrator or a Committee Member in their re-election is considered to be a personal interest. The Administrator or Committee Member may not claim reimbursement of travel expenses incurred on election matters. Council letterhead, Council crests and other information that could give the impression it is official Council material must not be used for election purposes.
13.4. RECORD KEEPING, CONFIDENTIALITY AND PRIVACY
13.4.1. Administrator Administrators are responsible for keeping individual records and submitting expense claims to council for payment.
13.4.2. Committee Members Members of the Implementation Advisory Group and the three Local Representative Committees are responsible for keeping individual records and submitting expense claims to council for payment.
13.4.3. Staff Staff are responsible for keeping records of Administrator and/or Committee Member expenses and use of facilities information. Retention and destruction of these will occur as required by the Local Government Records and Archives Disposal Schedule.
13.4.4. Public All requests for access to Administrator or Committee Member expenses and facilities records will only be considered following the lodgement of a GIPA Application.
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Hilltops Council Administrator and Committee Member Claim Form Annexure No.1
NAME
I hereby submit the following claim for expenses incurred in attending:-
km Travelled km Travelled $ (Engine capacity (Engine capacity Other Expense Details Amount Date Type of Meeting Location 2.4l and less) 2.5l and above) Date (Receipts Attached) Claimed
Total Km's Total Other Expenses @ $0.68/km @ $0.78/km
Signature X Claim authorised by X ______
Hilltops Council Annexure No.2 Prepayment Reconciliation Statement
Administrator / Committee Member: ______Claim Date: ______
Event: ______Council Resolution: ______
Prepayment Amount: ______
Claim details:
Cheque Number PREPAYMENT BY COUNCIL $ XX.XX Less the following detailed expenses
Description of Goods or Amount Tax Invoice Attached or Job Number Date Service Claimed KM’s Claimed *Office Use
In those cases you are claiming a mileage allowance please provide the following details:
Vehicle Make and Model: ______Vehicle Rego: ______
Please tick: Vehicle Engine Capacity Under 2.5 litre 2.5 litre and over
I certify that the expenses being claimed on this reimbursement form were legitimately incurred as part of my official civic duties as an Administrator or Committee Member of Hilltops Council, and all receipts are attached. Name: ______Signed: ______Date: ______
AUTHORISATION
Administrator: ______Signed: ______Date: ______
Interim General Manager: ______Signed: ______Date: ______
Hilltops Council |Payment of Expenses and Provision of Facilities to Administrators, 1 Implementation Advisory Group and Local Representation Committee Members Policy
ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
16/03 – HILLTOPS COUNCIL INTERIM MANAGEMENT STRUCTURE
Reference: 5.3.2.30 Responsible Officer: General Manager
PURPOSE
This report is to present to Council an interim management structure for Hilltops Council.
REPORT
As a result of the amalgamation of the former Boorowa, Harden and Young Councils into the Hilltops Council it is important that an interim management structure be developed to facilitate the efficient functioning of the organisation.
It is anticipated that the integration of the organisational structure is going to be an extensive iterative process that will require continual review for functionality.
To commence the process of structural reorganisation an interim management structure has been developed which is considered the first critical step to allow for transition.
The interim management structure presented gives consideration to existing personnel within the organisation and the transitional needs of the organisation whilst maintaining a focus on what the future needs of the organisation will be.
STATUTORY PROVISIONS
Both the Local Government Act and the NSW Local Government Award contain provisions relating to employment and employee consultative arrangements.
ATTACHMENTS
Attachment 1 - Hilltops Council Interim Management Structure
RECOMMENDATION It is recommended that Council: 1. Endorse the Hilltops Council Interim Management Structure as presented 2. Delegate the Interim General Manager to review and implement the organisational structure as necessary with a new Organisational structure to be included in the 2017/18 Operational Plan 9 Interim General Manager
Executive Director Interim Deputy Corporate and General Manager Community
Director Building Director and Chief Financial Director Director Business Infrastructure Director Planning Environmental Officer Governance Planning Services Health
Water and Sewer Service Planning Service Delivery Manager Manager Manager
ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
16/04 – DEVELOPMENT APPLICATION No. 004/2010 MOD 1 – APPLICATION TO AMEND DEVELOPMENT CONSENT 04/2010 FOR A 14 LOT SUBDIVISION AT LOT 13 DP1166398 (PRIOR LOT 28 DP658100), FARM STREET, BOOROWA
Reference: DA04/2010 MOD1 File No. 04/10 Responsible Officer: Planning & Environmental Services
PURPOSE
The purpose of this report is to seek Council’s determination on an application to modify development consent 04/2010 for a 14 lot subdivision Lot 13 DP1166398, Farm Street, Boorowa.
Consistent with Council policy, the application is being referred to Council as variations to Council’s Development Control Plan are being sought. Those variations relate to the provision of infrastructure in the form of kerb and guttering and foot-paving.
REPORT
A development application is required to be assessed under section 79C of the Environmental Planning and Assessment Act, 1979 to enable a determination to be made. An assessment consistent with that requirement is set out below.
Application details
Application to amend the consent 1 February 2016 lodged Applicant CPC Land Development Consultants Landowner James and Joanne Beath Landowners consent Yes Property street address Farm Street, Boorowa Lot and DP Lot 13 DP1166398
1. Site Description The subject site (Figure 1) which is some 1.8 hectares in size, is located on the south-eastern edge of the Boorowa Township. It has three street frontages to Farm, Dillon and Dry Streets (although Dry Street is not formed at its southern end adjoining the site). Other than a few scattered trees, the site has been extensively cleared (Figure 2) and no structures or development exist on the site.
10 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
Figure 1: Site Location
The surrounding context (Figure 2) reads as large lot residential with substantial dwellings located on large, open parcels of land.
While both Dillon Street and Farm Streets are sealed, neither are kerbed or guttered in this area and there are no existing foot paths in the area.
Figure 2: Aerial view of subject site and surrounding land uses
11 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden 2. History of development on the site
The subject land (Lot 113 DP1166398) resulted from the first stage of a subdivision consent issued by Council in 2010 (no. 04/2010). That consent approved the subdivision of 14 lots (Figure 3), to be developed over three stages as follows:
Stage 1: the creation of a Lot 14 that contained the existing dwelling and a residue lot. Stage 2: the creation of another 5 lots and a residue lot; and Stage 3: the creation of the remaining 8 lots.
Figure 3: Subdivision approved by Consent 04/2010
Stage 1 is completed and the resulting residue lot – Lot 13 DP1166398 - is the land that is the subject of this report.
The consent also required infrastructure for the development to be provided at full cost to the developer, as follows:
All lots to be connected to Council’s reticulated water service (Conditions 22 and 23); Provision of kerb and guttering to the south side of Dillon Street and the east side of Farm Street (Condition 26); The provision of sediment control structures in Farm Street (Condition 25); All lots to be connected to Council’s reticulated water service (Condition 27); and A 1200mm wide footpath to be constructed along Dillon and Farm Streets (Condition 33).
12 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden At the time of completion of stage 1, and to ensure appropriate sewer, water and drainage infrastructure was provided for the later stages of the development, Council required that a restriction was placed on the title of Lot 13 (the residue lot from Stage 1) that stipulates:
”Further development of the lot burdened is prohibited until the public utility services required by the Council of the Shire of Boorowa are provided for such development”.
The application to amend the subdivision consent has arisen from an application the owner of Lot 13 DP1166398 lodged with Council to build a dwelling on Lot 13. That dwelling application as lodged presented two key issues:
It would be in contradiction of the restriction on the title. Under the LEP, Council has no power to override restrictions on titles where Council itself has imposed the restriction on the title (such as in this case); It showed structures to be built over a number of lots intended to be created as part of later stages of the subdivision.
Council sought clarification from the land owner in relation to these issues and, as a consequence, the application to amend the consent for subdivision was lodged, together with a request to remove the restriction on the title of Lot 13 DP1166398.
Although the requirement for the restriction on the title was not imposed as part of Development Consent 04/2010, the applicant has sought Council’s consideration of removing that restriction from the title. Council is the only legal body that has the authority to agree to amending or removing the restriction. While the restriction on title is considered to relate more to the application for a dwelling on Lot 13, this report will address the issue to enable a decision on the dwelling to be made. The application for the dwelling cannot be finalised until the matter of the restriction on the title is determined.
3. Description of the proposed amendment The application seeks Council approval of an application under s.96(1A) to: Reduce the number of approved lots in the subdivision from 14 lots to 9. This would see Stage 2 become a release of 3 lots (rather than 5) and Stage 3 become a release of five lots (rather than 8 lots); Delete Condition 26 that requires the provision of kerb and guttering to Dillon and Farm Streets; Delete Condition 33 that requires provision of a footpath along the Dillon and Farm Street frontages.
The revised subdivision layout is shown in Figure 4 below.
13 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
Figure 4: Revised subdivision layout
The application has been considered as an amendment under s.96(1A) of the Environmental Planning and Assessment Act, 1979 (the Act). Council can consider an application under s.96(1A) where:
(a) it is satisfied that the proposed modification is of minimal environmental impact: Comment: The proposal is considered to be of minimal environmental impact – it seeks only to alter future legal land boundaries. It is arguable that, by reducing the number of developable lots from 14 to 9, the application presents a lesser impact development than that originally approved.
(b) it is satisfied that the development, as modified, is substantially the same development as that for which consent was originally granted. Comment: While the proposed development reduces the number of resulting lots by 5, the overall layout and shape of the subdivision remains the same (as can be seen in Figures 3 and 4). Four lots in the amended layout (Lots 1, 2, 7 and 8) will be exactly the same size and in the same location as originally approved. Those being amended will be made larger, potentially arguing for a smaller environmental impact across the development than originally approved.
(c) it has notified the application in accordance with the regulations or a development control plan. Comment: The Boorowa DCP does not require amendments to consents made under s.96(1A) to be notified.
14 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden (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: As the application was not required to be notified, no submissions were received.
3. Consultation & Notification The application to amend the subdivision was not notified to adjoining owners, consistent with Council policy.
4. Assessment under section 79C of the Environmental Planning and Assessment Act 1979
4.1 The provisions of any environmental planning instrument, draft environmental planning instrument; development control plan; and the regulations [s79C(1)(a)]
State Environmental Planning Policy No 55 – Remediation of Land (SEPP 55) Clause 7 of SEPP 55 requires the consent authority to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land, and to be satisfied that the land is suitable for the proposed use.
The site has been vacant for an extended period and is understood to only ever have been used for residential purposes. There is no clear reason to assume the land could be contaminated, however it is considered that the proposed use will not add to any contamination present, nor require disturbance of the soil such that any contaminants would be further released or dislodged.
Boorowa Local Environmental Plan 2012 (LEP) Zoning and permissibility The subject site is zoned R1 General Residential under the LEP and the minimum lot size requirement for subdivision is 700m2. Each of the original lots was more than 700m2 and the revised layout still provides for all lots at over 700m2. The amended proposal therefore complies with LEP requirements.
No other provisions of the LEP are considered to apply. The site is not subject to any mapping (bushfire, biodiversity, salinity or water) and no other works are proposed with this amendment. Existing conditions on the approval will manage any construction works on the development (including the need to obtain a construction certificate).
Boorowa Development Control Plan 2013 (DCP) The application to deleted conditions amend the consent seeks variations to existing Council policies in the DCP and as discussed below.
Deletion of Condition 26 - provision of kerb and guttering to Dillon and Farm Streets. 15 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden The DCP, at ASD1.3.4, requires all existing street shoulders that front a subdivision, to be kerbed and guttered.
The applicant has sought the deletion of this requirement, arguing that the costs involved in providing that level of infrastructure make the subdivision unviable. Additionally, the applicant has argued that, as no other part of Dillon or Farm Streets has kerb and guttering, there is little benefit in its provision as it would not connect with a wider drainage system.
From a streetscape perspective, there is some merit in the argument. The broader context reads as a rural residential area, with sealed but un-shouldered roads with wide verges that are grassed and, in places, tree-ed. Although the land involved is zoned R1 and is intended for a higher density, the size and number of lots proposed in the location, will likely result in only as many dwellings as there are lots. There is a question about the reasonableness of requiring extensive infrastructure to service 9 houses, when similar surrounding developments (such as Glenara Estate to the east) is not kerbed or guttered.
Council’s Engineer has provided advice that indicates that there will be good natural drainage of all lots, given the fall of the land towards the road along both Dillon and Farm Streets. Although kerb and guttering would provide a neater appearance to the street, the advice received was that it would provide little real functional benefit, especially where it does not connect to any broader system. Further, the advice indicates that, where kerb and guttering was provided that did not connect to a broader system, the concentration of water flows through the hard gutter may increase stormwater control issues at the low point of the development, potentially causing an erosion issue.
This position is supported and for all reasons discussed above, the deletion of Condition 26 is recommended for approval.
Deletion of Condition 33 that requires provision of a footpath along the Dillon and Farm Street frontages. The DCP, at ASD1.3.4, requires all existing street shoulders that front a subdivision, to be kerbed and guttered.
The applicant has sought the deletion of this requirement, putting forward the same arguments outlined above in relation to the provision of kerb and guttering; it would be cost-prohibitive, no other part of Dillon or Farm Streets has foot- paving; and there is little benefit in its provision as it would not connect with a wider system.
From a streetscape perspective, there is some merit in the argument. The broader context reads as a rural residential area, with sealed but un-shouldered roads with wide verges that are grassed and, in places, tree-ed. No footpaths currently exist in the area and none exist until you are much closer to town. Although the land involved is zoned R1 and is intended for a higher density, the 16 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden size and number of lots proposed in the location, will likely result in only as many dwellings as there are lots. There is a question about the reasonableness of requiring extensive infrastructure to service 9 houses, when similar surrounding developments have not been provided with that infrastructure and it does not connect into a broader system.
For all reasons discussed above, the deletion of Condition 33 is recommended for approval.
Restriction on the title As indicated earlier in the report, the applicant has also sought to remove the existing restriction on the title of Lot 13 DP1166398. That restriction was required by Council – not as part of the subdivision consent – but as part of negotiations that occurred between Council and the developer for the release of Stage 1 of the subdivision.
The restriction on Lot 13 DP1166398 reads:
”Further development of the lot burdened is prohibited until the public utility services required by the Council of the Shire of Boorowa are provided for such development”.
The history behind this requirement and why it was imposed at that stage of the development is not entirely clear from Council’s file. However the file indicates that the wording of the restriction, and its imposition at that stage of the development was intended to ensure that appropriate infrastructure would be provided to the whole of the remaining the subdivision prior to the release of any further subdivision certificate.
The wording of the restriction is not entirely clear, with arguably, two ways of interpreting its effect:
That no development can occur on Lot 13 DP1166398 (including the release of further stages of the subdivision) until services for all 14 lots in the subdivision are provided; or That no development can occur on Lot 13 DP1166398 until such time as Council is satisfied that services for that development are available.
As indicated, Council’s file would appear to indicate that the first interpretation was the intent. However, if the first reading of the restriction is legally correct, it is considered to be redundant. The development consent requires those services to be provided and Council has a legal obligation to ensure that conditions of consent are met before releasing subdivision certificates for later stages of the subdivision. If the second reading is the more legally correct, it may enable a dwelling to be developed on the Lot, however leaving it in place would arguably create ongoing and unnecessary confusion for future development. Again, it would be 17 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden an obsolete requirement as all developments are required, as part of their assessment and approval, to provide all necessary services to support their operation.
It is therefore considered appropriate and reasonable to agree to remove the restriction on the title, given there are other simpler, less legalistic and more flexible means of achieving the effect of ensuring any development on the land can be appropriately serviced.
Removing the covenant is a relatively simple procedure that can be carried out by a solicitor and would require Council’s signature on a deed of release. If Council agrees to the removal of the covenant, it is recommended that it be a process led by the applicant and be done at the applicant’s expense.
4.2 Impacts of the Development [s79C(1)(b)]
Context & Setting The surrounding context reads as large-lot residential or rural-residential, with wide open land developed with substantial dwellings. An amended subdivision that provides for 9 new lots rather than 14 would be consistent with this context, given that all lots will be larger than the minimum 700m2 and 6 of the 9 lots will be well over 2000m2. Three of the proposed lots, at 800m2, 840m2 and 1015m2 are smaller than surrounding lots and are less able to be further subdivided but are consistent with the minimum lot size requirements in the R1 zone.
The proposal, as amended, is not considered to be inconsistent or discordant with its context.
Access, Transport and Traffic The amended proposal could generate less traffic than originally proposed, assuming single dwellings are developed on each of the lots. Engineering advice has indicated that the existing roads are adequate to provide access to the development.
The original consent did not require the provision of access to any of the new lots. Council’s engineer has requested that this requirement be added to the consent as part of the amendment. This cannot be legally done, however; with any application to amend a consent, Council can only amend conditions that relate to the matter under consideration/assessment. This application seeks approval to delete requirements for the provision of kerb and guttering and footpaving therefore Council has no legal means to impose additional conditions in relation to access. This will need to be provided with future development on each individual allotment.
18 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Utilities The existing consent required gas, telephone and electricity to be provided to each allotment. This amendment does not seek to change that requirement.
Heritage Council does not have a heritage inventory in Schedule 5 of the LEP at this time. The subject site was not identified in the Community Based Heritage Study prepared by Council in 2015. No heritage issues arise.
Land Resources This proposal is not expected to impact in any way on available land resources. The proposal, if approved, would not prohibit or place any practical barrier in the way of ongoing agricultural or other land resource activities.
Water The existing consent requires the subdivision to be connected to Council’s reticulated water service. This amendment does not seek to change that requirement.
Soils The proposal is not expected to negatively affect existing soil conditions or to further degrade existing conditions. Some minor works will be required to provide services to the subdivision however existing conditions of consent in relation to sediment and erosion controls can manage this and are not being altered with this application to amend the consent.
Air and Microclimate The development is not expected to result in any air or microclimate impacts. Dust can be managed during construction.
Flora and Fauna The site has been extensively cleared over time and minimal vegetation exists on the site. No vegetation/tree removal or impact has been indicated in the application, and any future tree removal would be subject to separate assessment. There is considered to be minimal, to no, impact on flora or fauna from this proposal.
Waste and Energy Provision of electricity to each lot is a requirement of the existing consent and will not change as a result of this amendment. A subdivision offers little opportunity to reduce energy consumption as a land use, and will produce no waste.
Natural and Technological Hazards No natural hazards such as bushfire, slip, subsidence, flood or the like are considered to affect the development.
19 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Safety, Security and Crime Prevention The proposal to amend the consent is not considered to impact on safety, security and crime prevention in any way.
Site Design and Internal Design The design of the amended subdivision is consistent in shape and layout with that previously approved and results in larger lots within that same overall design. The design and layout is considered both adequate and consistent with R1 zone objectives and the existing setting and context.
Social Impacts in the Locality The proposal to amend the consent is not considered to have any negative, or positive, social impacts.
Economic Impact in the Locality No particular economic impact from the amended development is identified.
Construction Works to provide services to the subdivision will require a construction certificate and this was conditioned with the original consent.
Cumulative Impacts Arguably the lower density of the amended design would allow for more future subdivisions than the originally approved plans, as the resulting larger lots are more capable of subdivision. However the developer will be required to provide reticulated services that support future development on all of the lots and cumulative impacts can be lessened by that means.
4.3 Suitability of the Site [s79C(1)(c)] The site was assessed as suitable for subdivision with the original approval. Nothing in the amended application changes that consideration.
4.4 Submissions [s79C(1)(d)] The application was not notified to adjoining owners, consistent with the DCP.
4.5 The Public Interest [s79C(1)(e)] Council staff are not aware of any policy statements from Federal or State governments which may influence the development. Further, there is no clear reason to assume the health and safety of the community would be compromised as a result of the proposed development. As such, the proposal does not contravene the public interest.
5. Conclusion and Recommendation The development application has been assessed in accordance with the matters for consideration under section 79C of the Environmental Planning & Assessment Act 1979, all relevant environmental planning instruments and policies, and is not considered to be inconsistent with all relevant matters. 20 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden There is no valid planning reason identified for the application to refuse the amendment. It is therefore recommended that the application to delete Conditions 26 and 33 be approved and subsequent amendments to relevant conditions be made to accommodate those changes.
STATUTORY PROVISIONS
The development application has been assessed in accordance with the matters for consideration under section 79C of the Environmental Planning & Assessment Act 1979, all relevant environmental planning instruments and policies.
CONSULTATION
As discussed earlier in the report, the application was not required to be notified.
POLICY IMPLICATIONS
While the application presents a variation to policy as stated in the Boorowa Development Control Plan in relation to the provision of kerb and guttering and foot-paving, the planning and engineering assessment has considered that the variation sought is reasonable. The conditions as imposed would require substantial financial investment from the developer that could lower the viability of the development and would require infrastructure to be provided that would exist in isolation. Neither the required foot-paving nor the kerb and guttering would connect to any existing system and would not likely provide any greater benefit to the broader community or residents of individual lots in the subdivision. In particular, a greater velocity and flow of stormwater through a concreted system being diverted to an unserviced area could result in damage and erosion to Council’s road assets. In the particular circumstances, the variation to policy is considered acceptable.
FINANCIAL IMPLICATIONS
There are no financial implications arising from the approval of this amendment to the existing development consent. All work for the development is to be done at the applicant’s expense.
ATTACHMENTS
Nil
21 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden RECOMMENDATION
That Council:
1. Approve application 004/2010 MOD1 to amend Development Consent 004/2010 as follows:
a) Amend the description of the development to read (with deletions struck through):
“Subdivision – 14 nine Allotments”
b) Amend Condition 2 to reflect the details of the revised subdivision plan as follows (with amendments shown in bold and italics):
“2. All work is to be carried out in accordance with the plans prepared by CPC Land Development Consultants P/L, Project No. 16034 Issue D dated 4th Dec, 2015 and documentation submitted forming part of this consent bearing Council’s stamp of approval and conditions of consent. This includes information addressing the deferred commencement conditions.
This condition applies to all stages of the development.
c) Amend Condition 8 to reflect the revised staging as follows (with deletions shown as struck through and amendments shown in bold and italics):
“8. The development is to be staged as follows: . Stage 1-lot 14 and residue; . Stage 2- lots 1-5 3 and residue . Stage 3 – lots 6-13 4-8.”
d) Delete Condition 26 as follows (with deletions shown as struck through);
“26. The development shall provide “Kerb and Gutter” to the South side of the Dillon Street and east side of Farm Street.”; and
e) Delete Condition 33 as follows (with deletions shown as struck through):
“33. A 1200mm wide footpath shall be constructed along Dillion and Farm Street. “
2. Agree to remove the restriction on the use of land on Lot 13 DP1166398, with the applicant being responsible for undertaking all necessary processes and for all relevant legal costs associated with its removal from the title.
22 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
16/05 – DEVELOPMENT APPLICATION – T2016-002 – DWELLING AT LOT 77 DP75390, EULIE ROAD, HARDEN
Reference: Planning Responsible Officer: Planning & Environmental Services
PURPOSE
The purpose of this report is to seek determination on a development application (T2016-002) for a dwelling at Lot 77 DP75390, Eulie Road, Harden.
The proposal is being referred to Council as it has attracted objections from members of the public. This is consistent with the delegations issued to the General Manager as per Council’s Delegation Register:
“Environmental Planning and Assessment Act, 1979, Restrictions B - shall not exercise this delegation to determine a Development Application by granting consent or modifying consent if:
(iv) The application has generated public objections considered to be valid.”
REPORT
SITE The subject allotment (Figure 1), which is approximately 65 hectares in size, is part of the broader ‘Carnbrae’ holding which is located some 7 kilometres south of the Harden town area.
Figure 1 – Location of subject Site
23 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden The allotment is currently used for agricultural activities, cropping and/or grazing, consistent with the broader ‘Carnbrae’ holding and surrounding holdings. It is substantially cleared, other than for some vegetation (Figure 2) adjoining a natural watercourse that runs in a north-south direction through the western part of the site. The terrain is generally undulating, with changes of approximately 20 metres in rise and fall across the site.
The allotment has legal access, with an unformed Crown road along its northern and eastern boundaries that connects to Eulie Road. It has informal physical access via a vehicle track across the adjoining land parcel to the south, Lot 78 DP753590, which connects to Eulie road to the south.
Figure 2 – Aerial view of site
The ‘Carnbrae’ homestead is situated on a separate lot on the southern side of Eulie Road, approximately 575m to the south of the southern boundary of the subject site.
ADVERTISING / The proposal was notified, consistent with Council’s policy NOTIFICATION ‘Notification of applications to erect buildings’. Two submissions were received (and are discussed later in this report). REPORT
Description of The development application seeks approval to construct a the proposal single-storey dwelling (Figures 3). The dwelling is proposed to be located in the north-west corner of the site (Figure 4).
24 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
Figure 3 – Dwelling elevations
Figure 4 – Site Plan
S79C(1)(a) - The provision of any EPI or Draft EPI
SEPPs State Environmental Planning Policy No. 55 Clause 7 of SEPP 55 requires the consent authority to consider whether the land is contaminated. Should the subject land be contaminated, the consent authority is to either be satisfied that the land is suitable in its contaminated state for the purpose of the proposed development or request a report specifying the findings of a preliminary investigation into the contamination of the land.
Like all agricultural properties, given the history of agricultural activities on the site over an extended period, there is some 25 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden likelihood that the site would carry some degree of contamination, however the proposed development is not considered to either add to any possible contamination or to disturb the land in a manner that would raise the need for further investigation of the likelihood of contamination. Consistent with the SEPP, it is considered that the land is suitable for the purpose of the proposed development.
LEP The site is zoned RU1 – Primary Production. The objectives of this zone are: To encourage sustainable primary industry production by maintaining and enhancing the natural resource base. To encourage diversity in primary industry enterprises and systems appropriate for the area. To minimise the fragmentation and alienation of resource lands. To minimise conflict between land uses within this zone and land uses within adjoining zones. To encourage the development of non-agricultural land uses that are compatible with the character of the zone.
There is no reason to consider that the proposed development of a dwelling on the subject site is inconsistent with these objectives. The proposal location on the allotment does give rise to some potential to be impacted by the operation of primary production activities on surrounding sites. However, the dwelling itself on the allotment would allow a development consistent with other, surrounding residential development on rural holdings, where farming families live in the midst of their agricultural activities and manage their farming operations from their dwellings.
Arguably, enabling a family to live on an agricultural site supports the ongoing management of the land and the ongoing agricultural activities on the land. Similarly, a dwelling may support the development of non-agricultural land uses that complement, or are compatible with, the surrounding character of the area. A dwelling, in itself, does not detract from the natural resource base.
There is no reason to assume that the development, as part of a larger holding, would fragment the uses on the holding or alienate resource lands. The dwelling could support family members or farm workers to live on the holding and be available to manage farm operations. This, again, would be 26 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden consistent with surrounding uses, where generations of a family live in multiple dwellings on a holding with many working on, and supporting, agricultural activities on the land.
Similarly, the imposition of appropriate setbacks that take account of the topography, surrounding land uses and bushfire risk assist to minimise land use conflicts. Of itself a dwelling in a rural location does not create land use conflict; rather location and site selection are key factors in minimizing such conflicts.
Permissibility A dwelling is permissible in the RU1 Primary Production zone, subject to compliance with Clause 4.2A of the Harden Local Environmental Plan (the HELP).
Clause 4.2A(3) of the HLEP states (in part), that consent must not be granted for the erection of a dwelling house on RU1 land unless that land is at least the minimum lot size specified by the ‘lot size map’ that forms part of the LEP.
The minimum lot size for the land in question is 40 hectares. The subject lot is 64.75 hectares, well above the minimum required. A dwelling is therefore permissible on the site.
Clause 5.9 No trees are proposed to be removed to give effect to this Preservation of development. trees or vegetation
Clause 6.1 Some minor earthworks will be required to provide for the slab Earthworks for the dwelling; however they are not significant and can be managed by way of conditions requiring appropriate sediment and erosion controls to be put in place for the construction.
Clause 6.2 Neither the proposed dwelling site nor the recommended site Biodiversity for the dwelling is affected by significant vegetation and this Protection clause does not, therefore, apply.
Clause 6.3 The proposed dwelling site is not located near a Riparian Land watercourse or within 40m of the top of the bank of any and watercourse. Similarly the recommended site for the Watercourses dwelling is not located near a watercourse of within 40m of the top bank of any watercourse. This clause does not, therefore, apply.
27 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Clause 6.4 The whole allotment is mapped as ‘Groundwater Groundwater Vulnerability’ under HELP mapping and this clause must Vulnerability be considered. Clause 6.4 states (in part at subclause (4)), that development consent must not be granted to development on land that is so-affected, unless the consent authority is satisfied that the development is: designed, sited and will be managed to avoid any adverse environmental impact, or if that impact cannot be avoided, and having taken into consideration feasible alternatives, the proposed design, construction and operational management of the development will mitigate and minimise those impacts to a satisfactory extent.
Groundwater Vulnerability in rural areas is often the result of extensive, often total, land clearing, such as has happened on this land. Ongoing agricultural activities can also negatively impact on groundwater through a range of actions, from water extraction to the use of fertilisers and the like that can enter the water table.
In the broader context, there is no reason to assume or consider that the addition of a dwelling will provide for any greater impact than has already occurred, or that will continue to occur with the ongoing agricultural activities. No development, including agricultural activities, could ever totally avoid any adverse impacts on the environment. The development as proposed can be constructed and managed to mitigate and minimise environmental impacts. These include the minimal cut and fill required to provide for the dwelling, rainwater tanks that will minimise the need to extract water, and the availability of sufficient land to ensure that the impacts of an on-site effluent system for the dwelling can be adequately catered for on the site. The dwelling is also located a substantial distance from the watercourse that crosses the site, thereby minimising any impacts from the development on the watercourse.
Clause 6.5 Flood The site allotment is not affected by the flood mapping in Planning the LEP and therefore this clause does not apply.
Clause 6.6 The site is allotment not affected by dryland salinity and Salinity therefore this clause does not apply.
Clause 6.7 The site is allotment not affected by highly erodible soils. 28 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Highly Erodible This clause does not, therefore, apply. Soils
DCPs There are no Development Control Plans applicable to the site.
Environmental As the development does not involve demolition, nor is Planning and Harden Shire Council a coastal council, clause 92 of the Assessment Regulation does not apply. Regulation 2000
Draft EPIs There are no draft SEPPs or LEPs that apply to the development.
S79C(1)(b) - The likely impacts of the development
Context and The context and setting appear as rural/agricultural, with setting dwellings interspersed amongst broadacre farming and grazing activities. While dwellings do not dominate the context, they are evident in the area and the landscape. Surrounding dwellings are located some 2km to the north, approximately 1.5km to the west and 1.5km and 2.5km to the south and south-west.
The subject allotment is vacant of buildings and appears as rural and there are no specific features of either the proposed site or recommended site that mark it as being of particular value or quality within the area. The proposed dwelling is not considered to be inconsistent with the current context and setting which is very much one of large tracts of grazing/rural/vacant land with dwellings intermittently located. The appearance and character of the dwelling is not considered inconsistent with those that are in the surrounding area, which are of mixed age, style and construction type. As such, the scenic qualities and features of the landscape would not be significantly altered as a result of the development.
There are no identified potential impacts on adjacent properties by this proposal, particularly given the scale of the development. The nearest dwelling is some kilometres distant from the proposed dwelling. It is not envisaged there would be any significant issue in terms of incompatibility of land uses given appropriate conditions, with dwellings on rural properties generally acting to
29 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden support primary industry activities.
Access, The subject allotment has legal access (see Figure 1) via Transport and unformed Crown roads that border the northern and traffic eastern edges of the property. Legal access is not sufficient, however: Council needs to be satisfied that the development has both legal and practical access.
The applicant has proposed that the existing informal practical access that consists of a vehicle track over the adjoining lot to the south (Lot 78 DP7583590) be used as both the legal and practical access for the development. This would be by way of a right of access/right of carriageway over adjoining Lot 78 DP758390. The owners of that lot are the same as the applicant for the development and have given their written consent to the creation of that right of access/carriageway over the lot.
Council can therefore be satisfied that both legal and practical access can be gained to the development. To ensure that access is in place for the development, a condition of consent is proposed that requires evidence to be provided to Council of the registration of that right of access, prior to the issue of a Construction Certificate for the development.
The addition of a single dwelling to the surrounding road network is not considered to result in significant increases in traffic or demand on the existing roads. Two passenger vehicles could be reasonably be expected to use the surrounding road networks, once the dwelling is constructed, a volume and type of traffic that will not impact negatively on the road infrastructure or provide for amenity issues for surrounding properties (noting that the nearest residence is over 1km away).
Public domain The proposal does not rely on any of Council’s footpaths to provide any facilities or access to either the building or the site. The road network can support the additional traffic. The development will not impact on any parks, reserves or other public facilities or land.
Utilities Electricity and telephone services can be extended to the recommended site and conditions of approval have been proposed to ensure that occurs. No reticulated water or sewer services are available to the allotment; 30 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden however the development can be supported by an on- site effluent management system and by rainwater tanks. Conditions requiring stormwater to be appropriately managed have also been conditioned for the new dwelling.
The allotment is some 64 hectares in size and can support the onsite disposal of effluent. These details will need to be supplied with the Construction Certificate and a proposed condition of consent requires that occur.
Heritage This site allotment has not been identified as having any heritage or archaeological significance. Council is aware, via an AHIMS search that there are items of Aboriginal significance on land within the vicinity. The applicant was asked to address the potential for artefacts to be located on the development site. The applicant has advised that for some time they have been working with representatives of the Wiradjuri people and NSW Office of Environment and Heritage to map the Aboriginal cultural landscape from Nimby Hill and surrounds to Cunningham Creek. Furthermore representatives of the Wiradjuri people have inspected the site of the proposed dwelling and have advised Council that there is no indication of artefacts being present. Nonetheless the applicants have advised that representatives from the Wiradjuri people will be present during excavation for the dwelling site and if artefacts are discovered or suspected that all work will cease and the protocol for unanticipated finds is to be followed. A similar approach will need to be taken for the recommended site. While a surface inspection is a good start, where there is the potential for artefacts to be present, a subsurface inspection using due diligence is required. Should artefacts be suspected more details investigation and impact assessment will be required. This must be undertaken by a qualified archaeologist; if objects are located the proponent will be required to apply to OEH for an Aboriginal Heritage Impact permit (AHIP).
Other land The proposal would not impact upon any mineral resources resources. The issue of ground water has been discussed above and it is considered that any impacts from the development are negligible and can be mitigated and/or managed.
31 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Water The recommended development site is some 485m from the watercourse that traverses the allotment and no works are proposed in the watercourse. The development will not rely on groundwater for its operation: rainwater tanks are proposed.
Soils The proposed and recommended sites are already highly disturbed through land clearing and agricultural activities. The small scale nature of the development and its minimal footprint are not likely to result in impacts on soil structure, stability or capability on the land, with erosion and sediment controls required to be in place during construction.
Air and micro- The proposal is not likely to have a negative impact on the climate air and microclimate in terms of prevailing meteorological conditions and topography, emissions of dust, particulates, odours, fumes, gases or pollutants.
Flora and Fauna The allotment has been extensively cleared of native vegetation and has been developed for its current agricultural uses for some decades. There is no anticipated impact on habitat for threatened species or any known endangered ecological communities.
Waste Domestic waste from the dwelling would be managed in the way all waste from rural dwellings is managed. That is, dwelling occupants will be required to take their waste to the Council waste facility. Construction waste can be managed by requiring skip bins to be on site and cleared away by the developer.
Energy The energy use of the development has been assessed via a BASIX certificate and has met the requirements of that system.
Noise and Some short-term noise can be expected from construction vibration activities, however the proposed development is located large distances from nearby dwellings (the nearest being over 1km away) and the impact of that short-term noise is expected to be minimal and only during normal working hours.
The ongoing use of the dwelling is not expected to produce noise or vibration impacts.
32 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Natural Hazards There are no known risks in terms of geology, flooding or bushfire that would prevent the construction of the proposed development. Nonetheless unmanaged grasslands, of which pasture and crops are a class, is a matter for consideration pursuant to Appendix 3 Planning for Bushfire Protection 2006 when building in rural areas. In this instance the slope of the land and distance to land other than unmanaged grassland have indicated that a Bushfire Attack Level (BAL) low for the dwelling. To ensure that the dwelling remains protected from bushfire risk and to retain BAL low the owner will be required to maintain a 50m managed grassland buffer around the perimeter of the dwelling. It is also recommended that a dedicated firefighting tank fitted with a storz fitting be provided on site.
Technological The proposed development is not considered to present risks any technological risks that would be required to be managed as part of its ongoing operations.
Safety security There is no evidence that the proposal would result in an and crime increase of crime or diminish the safety of residents. The prevention design and location of the dwelling itself is not considered to present any additional opportunistic crime potential in the area.
Social impact in No particular social impact, either positive or negative, is the locality envisaged.
Economic There is likely to be minimal economic benefit to the local impact in the community as a result of this development. locality
Site design and The existing site is not considered to be appropriate for the internal design location of the dwelling, however the recommended site is appropriate and building design of the proposal is considered adequate for the use and the surrounding context. The recommended location of the dwelling on the site is appropriate, being at a distant point from the watercourse, in a corner of the lot that will minimise interruption to agricultural activities on the lot, where impacts from existing agricultural activities on adjoining land can be minimised and in an area where the fall of the land can support drainage from the development.
Construction A construction certificate is required for the proposal but has not been applied for by the applicant. Conditions 33 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden relevant to the later issue of a Construction Certificate have been included in this report, however, to ensure all necessary standards will be met. As discussed above, one of those conditions requires the developer to provide evidence to Council of the commencement of the process to gain a right of access over the adjoining lot, prior to the issue of the Construction Certificate.
Cumulative There are no anticipated cumulative impacts from the impacts proposal. The allotment can provide for anticipated parking needs and potential amenity impacts are not expected on surrounding properties from a small, residential dwelling.
S79C(1)(c) - The suitability of the site for the development
Does the The development is located in a rural setting some 7 proposal fit in kilometres from the Harden township. As discussed earlier the locality in the report, the proposal is considered consistent with the existing context and setting, being a residence ‘scattered’ through agricultural uses. The proposed dwelling is small- scale and of a ‘standard’ style that is consistent with dwellings in the area. The social, visual and amenity issues of the allotment and development have been discussed in conjunction within the context of the locality and the proposal is suitable for this location.
Are the site The allotment is not subject to natural hazards including attributes flooding, subsidence, slip or mass movement. The conducive to recommended site can support the proposed the development and there are no critical habitats or development threatened species, populations, ecological communities or habitats that are likely to be impacted. The development is not considered to prejudice future agricultural production in the area.
S79C(1)(d) - Any submissions made
The application was notified, consistent with Council’s policy. Two submissions were received with the issues raised discussed below:
The proposed dwelling could not be closer to our boundary. The proposed dwelling is set back 20m from the eastern
34 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden boundary and approximately the same from the northern boundary of the subject site. There is also an unformed Crown road some 30 metres wide between the subject site and the boundary line of the adjoining property. In total, the proposed dwelling is some 50 metres off the neighbouring property. Council has no development control plan that seeks to manage issues such as setbacks, however a 20 metre setback from a road in a rural area is fairly common and a 50 metre distance to the nearest adjoining property is not unreasonable. However Council is aware that an application has been made to purchase the unformed Crown Road and, if successful, would result in a distance of 20m from adjoining land. On consideration of a number of issues a recommendation to increase the distance has been made.
It is worth noting that Council has, in the past, made decisions in relation to rural subdivisions where dwellings could result, to restrict buffers to adjoining agricultural uses to 30 metres from a dwelling, where a greater buffer distance had been recommended.
The proximity of the dwelling so close to the boundary will severely impact on farming operations by the production of dust, machinery noise, the use of chemicals and other nuisances that farming practices produce. This comment assumes that it is reasonable for farming activities to impact on adjoining properties. That is not the case; all development (including existing developments) have an obligation to ensure impacts on adjoining properties do not occur or are minimised or mitigated to an acceptable level. Chemical use or spill, in particular, needs to be carefully managed to ensure pollution incidents do not occur.
Given the comments above in relation to the boundary setback and in light of the fact that Council does not have a Development Control Plan to govern side boundary setbacks in rural areas, following the March 2016 Council meeting the applicant was requested to provide information in relation to how this dwelling will impact, and be impacted by, existing and potential activities on the adjoining land. The applicant asserts that the dwelling will not be impacted by, or impact upon, legitimate uses on adjoining lands.
35 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
Nonetheless the avoidance of land use conflicts is a matter for Council consideration and development control is key to minimising land use conflicts. In the absence of any Council policies it is not unusual for staff to seek guidance and advice on how other Councils manage such issues. In fact this was a highlighted point from a recent peer review. In reviewing the information provided by the applicant staff took guidance from the NSW Department of Primary Industries publication ‘Living and Working in Rural Areas’. This publication has a table for recommended setback for a variety of land uses and is in fact replicated in the Development Control Plan of other Councils. The document prefaces any recommended setback with the caution that setbacks should be used as a starting point and guide only in the absence of any other or more appropriate separation arrangements. The recommended distance from cropping activities is 200m, with the distance reducing to 50m for stock grazing. As indicated previously Council has reduced this distance on occasions, particularly in relation to building envelopes on rural subdivision, to 50m or less.
A site visit has revealed that the land immediately to the north of the site rises to a hill and has scattered rocks and trees, as is consistent with the higher areas of land in this vicinity, which is not overly conducive to broadacre cropping. Whereas the area to the east is gently sloping, devoid of tree and rocks and could be considered to be useful cropping land. The allotment on which the proposal is located is also, for the most part excepting the watercourse area, suitable for cropping.
In the absence of a policy position and consistent approach by Council guidance should be taken from industry guidelines and publications. In light of the topography of the adjoining land it would therefore not be unreasonable to relocate the dwelling 50m from the north boundary, being suitable grazing land and 200m from the east boundary, being more suitable cropping land. Additionally given that the required vegetation maintenance area for bushfire protection is 50m, the applicant will require at least that distance on their own land in order to manage the vegetation to reduce the bushfire risk to the dwelling. Just as it is unreasonable for buffer distances to encroach onto adjoining land, it is
36 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden unreasonable for vegetation maintenance areas for bushfire protection to be located on adjoining land. In terms of bushfire fire protection vegetation management these measures are only effective in minimising bushfire risk where they are under direct control of the landowner whose asset is at risk. A distance setback of 200m from the eastern boundary and 50m from the northern boundary would minimise impacts from existing activities on the adjoining land whilst at the same time not impede the existing cropping activities on site.
The applicant is trying to hinder the piggery application or they wish to have a full view of the piggery site. The subject site adjoins land that is the subject of a current, undetermined development application that seeks approval for a piggery.
Council cannot, by law, assume any particular intent or other action on behalf of an applicant. All applicants for development are required, by law, to provide factually correct information in a development application and that is the only information Council can consider. Intent of the application is not a matter for consideration under section 79C of the Environmental Planning and Assessment Act, 1979.
The location of the dwelling, while not intrinsically problematic, will fall into the ‘separation zone’ proposed by the development application for a piggery on the adjoining holding. The applicant for the dwelling did not reveal their intentions in relation to the dwelling during early consultations on the proposed piggery.
Council must determine the application on its merits alone and in accordance with section 79C of the Environmental Planning and Assessment Act, 1979. Under those matters for consideration, there is no requirement to, and therefore Council cannot, assume any outcome/decision of any current, undetermined application it may have before it. It is noted that the objection notes that the location of the proposed dwelling is, in itself, “not intrinsically problematic”.
Nonetheless, the same Department of Primary Industries
37 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden document referenced above states that “it is the responsibility of the encroaching development to provide the necessary setback and buffer to incompatible land uses. The extent of a buffer should not extend beyond the boundary of the property required to provide the buffer except via negotiation and agreement”. This is the same approach that is generally taken in planning assessment of impacting development, and is also reinforced by the Land and Environment Court decision in Tappouras v Lake Macquarie City Council [2011] NSWLEC 1209. This is particularly important when a new potentially impacting development is in its conceptual stage and is a factor for consideration in the selection and assessment of site suitability.
As indicated above, the intent of the applicant is not a matter for consideration and the nature of any discussions between adjoining land owners is not a relevant consideration under section 79C of the Environmental Planning and Assessment Act, 1979.
Non compliance with section 79C of the Environmental Planning and Assessment Act, 1979 in relation to the location of the dwelling and the suitability of the site for development.
An assessment of the application has revealed that the proposed site is not suitable for the location of the dwelling. However that does not mean that the allotment is in its entirety unsuitable for a dwelling. As demonstrated in this report, it is possible to relocate the dwelling 200m from the eastern boundary and 50m from the northern boundary to minimise the impacts of the existing agricultural uses on the adjoining land. The recommendation location of the dwelling close to the corner of the site allows for ongoing agricultural activities on the allotment, while providing for residential capacity to support those ongoing activities. There is sufficient land to support an effluent management system and the development is consistent with surrounding residential development that sits in the middle of agricultural development.
Potential conflict with neighbouring land uses, including the development of a future piggery.
This issue has been addressed above. As also discussed 38 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden above, Council cannot make any assumptions as to the outcome of the current, but undetermined, development application for a piggery on an adjoining holding. It cannot assume that the piggery will be approved and therefore limit the development opportunities on adjoining land.
The potential piggery operation should be protected.
Again, Council cannot assume the outcome of any undetermined application before it and use that assumption to restrict, inhibit or impact on the application currently being determined. A merit assessment of the development application for a piggery on adjoining land will determine whether it can be approved or not; this application for a dwelling has no legal role to play in that determination.
Non compliance with zone objectives
The assessment above (see the ‘LEP’ section for a discussion on the zone objectives) has indicated that the development is not inconsistent with the objectives of the RU1 zone and is consistent with surrounding dwellings that support agricultural activities on rural holdings.
S79C(1)(a) - Government and community interests
Staff are not aware of any policy statements from either Federal or State Government that are relevant to this proposal, nor any planning studies or strategies. There is no management plan, planning guideline or advisory document that is applicable to a development of this nature
CONCLUSION The proposal is compatible with the current use of the property. It is considered that there are insufficient grounds to refuse the application on amenity or any other factor under section 79C of the Act as the assessment has shown. Identified issues have been addressed through this report and proposed conditions of consent will act to manage and mitigate potential possible impacts and ensure consistency with relevant standards.
39 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden The application has been assessed in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and Council’s LEP. The assessment has revealed that the proposal is permissible in the zone, it is consistent with zone objectives, it is consistent with the surrounding context and similar surrounding development and the recommended site and development design is suitable to support the development. Appropriate conditions of consent have been proposed below to manage and minimise any potential impacts of the proposal.
STATUTORY PROVISIONS
Council is required to adequately assess an application for development in accordance with section 79(c) of the Environmental Planning and Assessment Act 1979. Failure to undertake such assessment may result in legal action being taken against Council.
RELATIONSHIP TO INTEGRATED PLANS
Former Harden Shire Community Strategic Plan
This report relates to strategy 3.2.1 which states “Implement urban design, planning and building controls that are sustainable and meet community and industry needs” in Council’s Community Strategic Plan.
POLICY IMPLICATIONS
There are policy implications arising as a result of this report.
FINANCIAL IMPLICATIONS
There are no financial implications arising as a result of this report.
RECOMMENDATION
It is recommended that;
Council approve Development Application T16-002 for a dwelling on Lot 77 DP753590, Eulie Road, Harden, subject to the following conditions:
GENERAL
Approved Development
1. The development shall be in accordance with development application number T2016-002 submitted to Council on 18 January 2016 and in
40 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden accordance with the supporting documentation submitted with that application, including, but not limited to, the following:
Drawing Revision / Name of Plan Date No. Issue 18272 Sheet 1 of 3 Sketch Plan 21-12-15 18272 Sheet 2 of 3 Floor Plan 21-12-15 Untitled plan showing East, 18272 Sheet 3 of 3 West, South and North 21-12-15 elevations The undated Statement of Environmental Effects prepared by Wade Anthony and supplementary detail submitted by the Mandy de Mestre.
as modified by any conditions of this consent.
Notes: Any alteration to the drawings and/or documentation shall be submitted for the approval of Council. Such alterations may require the lodgement of an application to amend the consent under section 96 of the Environmental Planning and Assessment Act 1979, or a fresh development application. No works, other than those approved under this consent, shall be carried out without the prior approval of Council. Where there is an inconsistency between the documents lodged with this application and the following conditions, the conditions shall prevail to the extent of the inconsistency.
2. The proposed development has been assessed under the provisions of the Building Code of Australia as:
Class - 1 Rise - One storey Type - C Construction
PRESCRIBED CONDITIONS The following conditions labelled ‘prescribed conditions’ are those which shall apply to the development as set out under clauses 80A (11) of the Environmental Planning and Assessment Act, 1979, and also Part 6 of the Environmental Planning and Assessment Regulation, 2000.
41 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
3. All work must be carried out in accordance with the requirements of the Building Code of Australia.
Advice In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application for the relevant construction certificate is made.
4. A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out: (a) Showing the name, address and telephone number of the principal certifying authority for the work, and (b) Showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and (c) Stating that unauthorised entry to the work site is prohibited.
Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.
5. The person having the benefit of the development consent must, at the person’s own expense: (a) protect and support the building, structure or work from possible damage from the excavation, and (b) where necessary, underpin the building, structure or work to prevent any such damage.
6. For the purposes of section 80A (11) of the act, it is a prescribed condition of development consent that if the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the persons own expense.
(a) Protect and support the adjoining premises from possible damage from the excavation and. (b) Where necessary, underpin the adjoining premises to prevent any such damage.
The condition referred to in subclause (1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.
42 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden PRIOR TO CONSTRUCTION
Construction Certificate Required
7. A Construction Certificate is required to be issued by a Principal Certifying Authority prior to the commencement of any works on site.
Prior to the commencement of work on site
8. Prior to commencement of work, the person having the benefit of the Development Consent and a Construction Certificate shall:
a. appoint a Principal Certifying Authority and notify Council of the appointment (if Council is not appointed), and
b. notify Council of their intention to commence the site works (at least 2 days’ notice is required).
9. The Principal Certifying Authority (PCA) must determine when inspections and compliance certificates are required. Where Hilltops Council is nominated as the PCA, the following stages must be inspected and passed prior to the subsequent stages of construction. Twenty-four (24) hours’ notice shall be given to Council to allow scheduling of the inspection. All required plumbing and drainage inspections are to be carried out by Council. NOTE: Where inspections are requested and the work is either incomplete or not started, or unsatisfactory thus requiring an additional inspection, such reinspections will be charged to the applicant at the rate as outlined in the Fees and Charges section of Council’s current Management Plan per additional inspection. This will be paid prior to the inspection being carried out. a. After excavation for, and prior to the placement of, any footings, and prior to pouring any in-situ reinforced concrete building element; b. When internal sanitary drainage and external drainage is laid ready for test. All drainage must be under water test at the time of the inspection. A Works As Executed diagram is to be supplied to Council prior to the inspection; c. The framework for any floor, wall, roof, or other building element prior to covering with any external element (including sarking, brickwork or cladding). d. Pre-sheet inspection of the framework upon completion of hot and cold plumbing, electrical work and insulation. NOTE: Hot and cold water should be under pressure test at the time of inspection. 43 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
e. Prior to covering waterproofing in any wet areas; f. After all building work has been completed and prior to any occupation certificate being issued in relation to the building.
10. Erosion and sedimentation control measures shall be implemented prior to work commencing and maintained in a functional condition throughout the duration of the project. The erosion and sedimentation control measures shall not be removed until such time as the ground cover has been re-established.
PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE
11. Prior to the issue of a Construction Certificate, the person having the benefit of this consent shall provide to Council evidence that a right of vehicular access (or right of carriageway) to Lot 77 DP753590 over adjoining Lot 78 DP753590 under section 88B of the Conveyancing Act, 1919 has been created.
12. Prior to the issue of a Construction Certificate, the person having the benefit of this consent shall submit to Council for approval amended site plans that demonstrate a boundary setback of 50m from the northern boundary and 200m from the eastern boundary. The amended plans shall also show the location and width of the required vehicular access.
13. As there are known artefacts of Aboriginal significance in the area, the applicant shall undertake a visual assessment of the recommended site for artefacts in conjunction with representatives from the traditional owners, the Wiradjuri people. Should artefacts be suspected more details investigation and impact assessment will be required. This must be undertaken by a qualified archaeologist; if objects are located the proponent will be required to apply to OEH for an Aboriginal Heritage Impact Permit (AHIP). The applicant shall submit to Council results of the Aboriginal heritage inspection for the recommended site.
DURING CONSTRUCTION
Cut and Fill
14. The applicant shall ensure that any cut or fill on site is appropriately graded, drained or retained and drained as necessary.
NOTE: Any graded land that slopes toward a neighbouring property shall incorporate dish or surface drains to divert water to a sump and then be piped at least 3m clear of the building.
Retaining walls greater than 1 metre in height shall be designed by a suitably qualified practising and insured Structural Engineer. 44 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden The design shall be submitted to and permission to proceed granted by Council prior to work commencing.
Erosion Control
15. Erosion and sedimentation control measures shall be implemented prior to work commencing and maintained in a functional condition throughout the duration of the project. The erosion and sedimentation control measures shall not be removed until such time as the ground cover has been re-established.
16. A plan for the adequate control of erosion and sedimentation during the construction phase, shall be submitted to, and approved by Council, prior to work commencing. 17. The applicant shall take all practicable measure to control erosion/sedimentation including, but not limited to:
a. Backfilling service trenches as soon as practicable; b. Connecting downpipes as soon as practicable.
Hours of Construction
18. Work on the project shall be limited to the following hours: (i) Monday to Friday - 7:00 am to 6:00 pm (ii) Saturday - 8:00 am to 1:00 pm (iii) No work to be carried out on Sunday/Public Holidays, without the prior consent of Council.
Builders’ Toilet
19. The applicant shall ensure that a suitable builders’ toilet is situated on the property prior to commencing construction.
Builder’s Sign
20. A suitable sign is to be provided on the building site in a prominent location, indicating the builder’s name, licence number and contact telephone numbers (including afterhours’ numbers).
Building Waste Containment
21. A suitable waste container capable of holding blowable type building waste must be made available on the building site during the course of construction. Building waste such as paper, plastic, cardboard, sarking,
45 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden etc. must be regularly cleaned up and placed in the waste container so that it cannot be blown off the building site and litter the locality.
Dust Suppression
22. Dust suppression controls shall be implemented during the duration of construction to minimise wind-borne emission from likely sources such as the excavation and stockpiles of materials.
Aesthetics
23. The roof material and external cladding of the proposed development shall have low reflective index characteristics and the colour shall not be prominent against the background. As far as practicable, finishes should comprise earthy or subdued tones. Unpainted zincalume, white, off-white and light grey are not acceptable.
BASIX Requirements
24. In accordance with the requirements of the BASIX provisions under the NSW Environmental Planning and Assessment Act 1979, you are advised that the following details will need to be provided during the course of construction. These include, but are not limited to certification or manufacturers specifications of the following: a. Details on the rainwater tank including size, volume and applicable standards or watermark compliances; b. Manufacturers specifications for all insulation products including batts, wrap, sisalation or the like; c. Glaziers certificate on the nature of the window, glass specification and applicable ratings; d. All plumbing fittings and fixtures (taps, showerheads, washing machines, dishwashers, etc) that are required to have a star (water efficiency) rating; e. All hot water devices installed and their ratings; f. All electrical installations including lighting, heating or related g. All air handling systems including air conditioning, heating, solid fuel heating or similar.
NOTE: Each element's paperwork/certification must be provided at the applicable inspection immediately after installation. Failure to provide same will mean that a satisfactory clearance to continue building will NOT be given. Further, no occupation of the dwelling will be permitted unless all BASIX measures are completed, satisfied and documentary evidence of same supplied to Council.
46 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Kitchen Exhaust
25. Kitchen exhaust shall not discharge into the roof space. Any ductwork through roof space is to be of non-combustible material.
Stormwater
26. Roof waters shall be conveyed from appropriate areas of the roof to the designated rainwater tank. The rainwater tank shall be plumbed to the applicable fixtures within the house (as required on the BASIX Certificate) in strict accordance with the National Plumbing and Drainage Australian Standard AS3500 Plumbing and Drainage. Rainwater tank overflow shall be piped in accordance with the stormwater conditions detailed in this consent.
Advice to Applicant: It is strongly recommended that a first flush diversion system be also installed to eliminate impurities from roof and gutters such as leaves, dust and tannins. A low-level inspection opening or flushing access is also recommended for clean out of the whole system as a maintenance assistance.
27. Stormwater from roof and hardstand areas shall be appropriately conveyed to a point 3 metres clear of the dwelling and disposed of without causing erosion or nuisance to adjoining premises. This shall include the stormwater overflow from any tank or collection system.
28. An escape path for stormwater shall be provided to cope with flows in excess of the drainage system.
29. Areas shall be shaped to ensure that the ground slopes away from the building.
30. After completion of the stormwater drainage works, prior to the issue of an Occupation Certificate, the applicant shall submit to Council a detailed Works As Executed plan.
Trees
31. Any trees not approved for removal shall be protected from damage during construction. This includes protection from compaction of the ground within the root zone, damage to the trunk or crown of the tree.
47 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden On Site Effluent Management System
32. An onsite sewer management system application and design shall be submitted to and approved by Council prior to the external drainage inspection being booked.
33. The top of the yard gully is to be a minimum of 150 mm below the finished floor level and a minimum of 75 mm above the finished ground level.
34. The design shall incorporate a conventional septic tank with a minimum of 50 metres of absorption trench.
35. The drainage field for this application shall include conventional absorption trenches laid in accordance with the attached profile. The length of the absorption trench required for this proposal shall be a total of 50insert length metres, and shall:
a. be laid in no longer than 30 metre sections; b. have bridging pipes between trenches laid at opposing ends interconnecting the next trench; c. use a proprietary arch profile and shall be no smaller than 440mm in dome height; d. be backfilled to the top of the dome height with blue metal and/or Aggregate between 9mm and 25mm with no fines; e. have hessian or geotextile fabric between the aggregate and the top soil finish cover; f. have the topsoil cover seeded with grass or turfed as soon after completion as is practical. NOTE: It is important that after growing of the grass occurs that it be kept at a low serviceable level in order that effective evapo- transpiration occurs.
Bushfire Protection/Mitigation Measures
36. Garden hose/s shall be installed adjacent to the dwelling house, that are sufficiently long to reach all external walls of the house.
37. A 22,000 litre (minimum) water storage facility (dam or water tank) shall be installed/provided in close proximity to the dwelling house, and which is to be used exclusively for fire-fighting purposes.
a. This shall be in addition to any private supply or storage for drinking water purposes. b. This dedicated water supply tank shall be provided and a minimum of 3kW(5hp) petrol or diesel powered pump. 48 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
c. A 65mm storz fitting or gate valve shall be installed in the tank.
38. The owner/occupier of the dwelling house shall establish and maintain a 50 metre wide Asset Protection Zone (APZ) around the perimeter of the dwelling house, and the fuel height within this APZ shall be maintained below 10 centimetres.
Access
Existing access to be upgraded
39. The existing vehicular access to Lot 78 DP753590 shall be upgraded to Council specifications and at the cost of the developer, and be constructed to the following standard:
a. Achieve the required Stopping Sight Distance for the prevailing speed limit along Eulie Road; b. Be recessed a minimum of five metres from the property boundary; c. Be recessed a minimum of nineteen metres setback from the road shoulder; d. Have gates at the access point fixed so as to swing inwards; and e. Have a culvert to cater for a 1:20 year storm duration, or as agreed with Council.
40. The access shall not impede the flow of stormwater along the table drain. Where the construction of an access will impede the flow of stormwater then a concrete culvert with head walls, diameter not less than 450mm, is to be installed not closer than 1 metre from the rear of the table drain. The existing table drain is to be shaped to ensure flow of water through culvert.
41. The developer shall provide an all-weather access from the edge of the existing road shoulder to the property boundary.
Works in Council’s road reserve
42. No work to provide access to Lot 78 DP753590 shall be undertaken in Council’s road reserve unless, and until, the developer has applied for, and had approved, an application to carry out works in the road reserve under section 138 of the Roads Act, 1993.
Rural Addressing
43. The applicant shall erect the property’s individual rural addressing number plate on the gate post, or the fence adjacent to the entrance gate, but not on the gate itself.
49 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
44. The rural addressing number plate shall be purchased from Council at the cost nominated in Council’s Management Plan at the time of payment.
OCCUPATION CERTIFICATE
Occupation Certificate to be issued
45. A final Occupation (Completion) Certificate must be issued by the Principal Certifying Authority prior to occupation or use of the development. In issuing an occupation certificate, the Principle Certifying Authority must be satisfied that the requirements of section 109H of the Environmental Planning and Assessment Act 1979 have been satisfied.
50 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
16/06 – DEVELOPMENT APPLICATION – SUBDIVISION – T2016-025
Reference: Planning Responsible Officer: Planning & Environmental Services
PURPOSE
The purpose of this report is to seek determination on a development application (T2016-025) for a subdivision at Lot 3 DP731124, 51 Bobbara Street, Harden to create two lots from the existing one allotment.
Pursuant to the former Harden Shire Council Delegations Register (adopted by Council 23rd June, 2012) the General Manager is issued with the following delegations exceptions:
“Environmental Planning and Assessment Act, 1979, Restrictions B - shall not exercise this delegation to determine a Development Application by granting consent or modifying consent if: (iv) The application has generated public objections considered to be valid.”
The proposal is being referred to Council as it has attracted objections from members of the public.
REPORT
Site Lot 3 DP731124, 51 Bobbara Street, Harden is approximately 5200m2 Description in size and is located on the southern edge of Harden township (Figure 1). The site is long and narrow (approx. 33m x 155m) with two street frontages being Bobbara Street to the south and Sheas Lane to the west.
Figure 1: Locality Plan 51 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
The site is currently developed with a dwelling facing Bobbara Street. A number of trees are also present on the site but is otherwise cleared for residential use (Figure 2). The site slopes relatively steeply from Smith Street up towards Bobbara Street.
Across the road from the site, to the south, is open rural land, otherwise surrounding uses are largely residential.
Figure 2 – Aerial view of site and surrounding area
Proposal The application seeks approval to create two lots from the existing one allotment. The subdivision would create a new Lot 1 at 2857m2 and a new Lot 2 at 2023m2 (Figure 3).
The existing dwelling would be retained on new Lot 1, while new Lot 2 would be largely vacant.
Figure 3 – plan of proposed subdivision 52 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
Type of The proposal is local development that is neither designated nor Development integrated development, for which Council is the determining authority.
Notification Adjoining and potentially impacted property owners were notified of the development. Two submissions were received as a result of the notification and are discussed later in the report.
Assessment of s79C of the Environmental Planning & Assessment Act 1979
The provision of any EPIs, DCPs, regulations etc S79C(1)(a)
SEPPs State Environmental Planning Policy No. 55 Clause 7 of SEPP 55 requires the consent authority to consider whether the land is contaminated. Should the subject land be contaminated, the consent authority is to either be satisfied that the land is suitable in its contaminated state for the purpose of the proposed development or request a report specifying the findings of a preliminary investigation into the contamination of the land.
There is no evidence to suggest the site would be contaminated; the historical use of the property appears to be residential only. Subdivision of the land, a process that involves the creation of legal boundaries only, is a development that is not considered to give rise to any concerns in relation to contamination. Council can be satisfied that the land, in its present condition, is suitable for the subdivision development as proposed, with further residential development of the new lot not raising contamination concerns.
LEPs Harden Local Environmental Plan 2011 (LEP) The site is zoned R1 General Residential. The objectives of this zone are: To provide for the housing needs of the community. To provide for a variety of housing types and densities. To enable other land uses that provide facilities or services to meet the day to day needs of residents.
The proposed development is not inconsistent with the objectives of the zone in that it will allow for additional and different types of housing to be provided on the new allotment.
Clause 4.1 – This clause provides that subdivision must not result in a lot size that is
53 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Minimum less than the minimum size stipulated in the relevant LEP mapping. subdivision lot That mapping indicates that there is no minimum lot size that applies size in the R1 General Residential zone. The lots that are proposed at 2024m2 and 2023m2 are therefore considered acceptable and consistent with this clause.
Clause 5.9 This clause relates to the species or kinds of trees or other Preservation vegetation that are described by a development control plan of trees or made by Council. Harden Shire Council does not have a vegetation development control plan for the purposes of Clause 5.9.
Clause 6.1 No earthworks will be required to provide for changed legal land Earthworks boundaries. This clause is satisfied.
Clause 6.2 The site is not affected by significant vegetation and this clause Biodiversity does not, therefore, apply. Protection
Clause 6.3 The site is not located near a watercourse or within 40m of the top Riparian Land of the bank of any watercourse. This clause does not, therefore, and apply. Watercourses
Clause 6.4 The site is not identified by the Natural Resources Water Map as Groundwater having groundwater vulnerability. This clause does not, therefore, Vulnerability apply.
Clause 6.5 The site is not affected by the flood mapping in the Harden LEP Flood and therefore this clause does not apply. Planning
Clause 6.6 The site is not affected by dryland salinity and therefore this clause Salinity does not apply.
Clause 6.7 The site is not affected by highly erodible soils. This clause does Highly not, therefore, apply. Erodible Soils
DCPs There are no Development Control Plans applicable to the site.
Environmenta As the development does not involve demolition, nor is Harden l Planning Shire Council a coastal council, clause 92 of the Regulations does and not apply. Further, no fire upgrades are considered necessary. Assessment Regulation 2000
54 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
Contributions Section 94 Contributions Plan for Heavy Haulage Plans Section 94A Development Contributions Plan
The above contributions plans are not applicable to the proposed development.
Draft EPIs There are no draft SEPPs or LEPs that apply to the development.
S79C(1)(b) - The likely impacts of the development
Context and Development surrounding the site is largely residential (see Figure setting 2) with dwellings being generally of free-standing, single storey type. Across Bobbara Road to the south of the site is open farming land with no structures.
The design of the proposal is considered consistent with the surrounding land uses and land patterns, with lots of similar size and configuration appearing within the immediate vicinity. The new lot will allow further residential development that would likely be of a consistent scale and typology and therefore, consistent with the existing context and setting. It is not expected that the land subdivision will negatively impact on the surrounding use of the land, with any future development of the land subject to further assessment.
Access, The subdivision itself will not likely generate additional traffic and Transport and any future development would need to consider this issue. traffic An existing access point on Bobbara Street provides driveway access to the existing dwelling on the site. New Lot 2 will be able to be accessed from Sheas Lane, which is currently a formed and sealed laneway. An access point to new Lot 2 is required to be created to provide access to the site.
Public It is not envisaged that this proposal would negatively impact on domain public recreational activities in the locality or on the local school facilities. The proposal would not impact the amount, location, design, use and management of public spaces in and around the site. The public domain and scenic amenity would not be adversely impacted by this proposal.
Utilities The existing dwelling is serviced by reticulated water and sewer and the new Lot will require connection to the services. Conditions requiring connection of the new lot to sewer, water
55 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden and electricity services have been proposed to ensure future development can be adequately serviced.
While Council does not have a contributions plan under s64 of the Local Government Act, 1993, Goldenfields contributions apply to this subdivision at the rate of 1 Equivalent Tenement. For this financial year, the Goldenfields charge is $6794 and a condition requiring payment of that contribution prior to the issue of a subdivision certificate has been included in the consent.
A condition has been included that requires the extension of the sewer service to a point in new Lot 2 that would allow future residential development to occur. As there is no sewer line in Bobbara Street, this will require connection to existing lines either in Smith Street or to lines that run across adjoining properties. In either of these cases, easements for services will be required to be provided over those properties to ensure the development can be serviced. A condition requiring those easements to be put in place has also been included to ensure a solid legal basis for the provision of sewer to the new lot.
Heritage The site is not listed, nor identified, as a heritage site and this proposal would not impact upon any heritage significance.
Other land The proposal is not considered to impact upon any mineral resources resources or impact upon ground water reserves.
Water Impacts on groundwater impacts and riparian corridor/waterway are not anticipated as the site is not mapped as being affected by those considerations and the creation of legal land boundaries is not likely to have any impact on those matters.
The provision of water for domestic use has been discussed above.
There are no other foreseeable water impacts as a result of this proposal due to uses continuing unaffected.
Soils No construction is expected, except the access to Lot 2, to give effect to this subdivision and the site is not mapped as requiring particular consideration of soils. The creation of legal land boundaries is not likely to have any impact on soils.
Air and The proposal would not affect microclimatic conditions in terms of micro-climate existing pollution, as there will be no emission of particulate, odours, fumes, gases or pollutants. 56 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
Flora and The proposal will not impact upon floral or faunal species and the Fauna site is not understood to contain any listed species.
Waste No works are required to give effect to this proposal and no waste is considered likely to result.
Energy The energy usage of resulting from the occupation of this proposal is likely to be negligible and commensurate with other residential uses already on site.
Noise and The proposal would not generate any noise or vibration. No vibration construction is required to give effect to the development.
Natural There are no known risks in terms of geological stability or flooding. Hazards The site has not been identified as being bushfire prone on the maps held by Council prepared by the NSW Rural Fire Services Commissioner dated 16 February 2009. There are no known other natural hazards to the site in terms of flooding, slip or subsidence.
Technologica The past history of the site is not anticipated to give rise to the l risks potential technical risks in terms of contamination or industrial residue.
Safety The development is not considered to pose a safety or security security and risk. crime prevention
Social and There are unlikely to be any impacts in terms of social or economic economic loss or profit as a result of this proposal, other than impact in the making a residential house block potentially available for locality development.
Construction No construction works are proposed or required to give effect to the development.
Cumulative There are no perceived cumulative impacts associated with this impacts proposal, there is to be no increase in traffic, no increased footprint area of the building, no increase in water runoff or additional occupation.
57 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden S79C(1)(c) - The suitability of the site for the development
Does the The site is located in a residential area on the edge of Harden proposal fit in township, with road access and access to services the town the locality provides. The proposal is capable of being adequately serviced for future residential uses. The social, visual and amenity issues of the site have been discussed in conjunction within the context of the locality and the proposal is suitable for this location.
Are the site The site is not subject to natural hazards including flooding, attributes subsidence, slip, or mass movement. The soil characteristics are conducive to appropriate for the development and there are no critical the habitats or threatened species, populations, ecological development communities or habitats on the site. The development will not prejudice future agricultural production in the area.
S79C(1)(d) - Any submissions made
The application was notified in accordance with Council’s adopted procedures. Two submissions were received and the issues raised in those submissions are noted and discussed below.
The specifics are not clearly advised. It is not clear where Lot 3 is located and whether a dwelling will be erected on the land or where the access point is. It is not clear from this statement what ‘specifics’ are. No Lot 3 is proposed; the proposal is for a one into two lot subdivision. No dwelling has been applied for on the new lot with this proposal however new Lot 2 will enable a dwelling to be built on it in the future. Whether that occurs is up to the land owner and would be subject to a separate development application.
Will Sheas Lane be made into a street? It is not clear what is meant by this statement. Sheas Lane is a public road and can be freely used by all vehicles. Given future development of Lot 2 will require access off Sheas Lane comments were sought from Technical Services. The indication is that no upgrades to Sheas Lane are required.
Adjoining Lot 1 DP731124 is going to be used as an access point to new Lot 2 and Council has agreed to sell that land parcel to [the objector]. There is no proposal contained within the application to use
58 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden adjoining Lot 1 DP731124 as access to new Lot 2 and Council cannot, by law, assume intent of the applicant. There is no clear reason why Lot 1 DP731124 would be used as access given there is access to new Lot 2 off a public road (Sheas Lane). There is nothing in this application that is in conflict with any Council resolution in relation to the sale of Lot 1 DP731124.
Who would carry the cost of construction of Sheas Lane? It is not formed and does not legally exist. Sheas Lane legally exists as a public road. Technical Services have indicated that Sheas Lane is formed and sealed. Whilst not in excellent condition, needing a shoulder grade and possible reseal, there is no need for the applicant to pay for this routine maintenance.
Use of Sheas Lane for access would be dangerous. Residential development could occur on new Lot 2. Where a single dwelling was built, it would mean only one legal access point would be provided off Sheas Lane. There is no clear reason why allowing a single dwelling to be accessed off Sheas Lane would increase the danger of using the laneway; its alignment is straight and sight lines along the laneway are reasonable. Council has no DCP or other policy that disallows access off a laneway.
This is a flawed and unnecessary proposal and achieves nothing but to allow the current owner to sell an economically unviable block to a gullible and misinformed individual who will find the final costs involved to be prohibitive. There is no valid planning reason to consider this proposal flawed. Its viability, assuming this means its marketability, is not a matter for Council to consider. It is a viable block in the sense that it can be serviced by water, sewer, and electricity, can gain legal and practical access and is of a sufficient size to enable future development and in an urban planning sense, may be considered reasonable. It is the land owner’s choice to lodge the application and to determine when, how and to whom the land may be sold in the future.
S79C(1)(a) - Government and community interests
Staff are not aware of any policy statements from either Federal or State Government that are relevant to this proposal, nor any
59 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden planning studies or strategies. There is no management plan, planning guideline or advisory document that is applicable to a development of this nature
CONCLUSION The application has been assessed in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and Council’s LEP. The assessment has revealed that the site is suitable for the proposal and that the proposal will not significantly adversely impact upon the environment generally or on the use of surrounding land. The proposal is consistent with the objectives of the R1 Residential zone and with the development standards in the Harden Local Environmental Plan 2011.
STATUTORY PROVISIONS
Council is required to adequately assess an application for development in accordance with section 79(c) of the Environmental Planning and Assessment Act 1979. Failure to undertake such assessment may result in legal action being taken against Council.
RELATIONSHIP TO INTEGRATED PLANS
Former Harden Shire Community Strategic Plan
This report relates to strategy 3.2.1 which states “Implement urban design, planning and building controls that are sustainable and meet community and industry needs” in Council’s Community Strategic Plan.
POLICY IMPLICATIONS
There are policy implications arising as a result of this report.
FINANCIAL IMPLICATIONS
There are no financial implications arising as a result of this report.
RECOMMENDATION
It is recommended that;
Development Application 2016-025 for the subdivision of Lot 1 DP731124, 51 Bobbara Street, Harden into two lots of 2857m2 and 2357m2 be approved subject to the following conditions.
60 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden GENERAL
Approved Development
1. The development shall be in accordance with development application number 2016-026 lodged on 7 April 2016 and in accordance with the supporting documentation submitted with that application, including, but not limited to, the following: Revision / Job No. Name of Plan Date Issue Proposed Subdivision of 18353 A Lot 3 DP731124 51 20-03-16 Bobbara Street, Harden Statement of Environmental Effects prepared by Wade Anthony and dated 20 March 2016
as modified by any conditions of this consent.
2. Any alteration to the drawings and/or documentation shall be submitted for the approval of Council. Such alterations may require the lodgement of an application to amend the consent under section 96 of the Environmental Planning and Assessment Act 1979, or a new development application. No works, other than those approved under this consent, shall be carried out without the prior approval of Council.
3. Where there is an inconsistency between the documents lodged with this application and the following conditions, the conditions shall prevail to the extent of the inconsistency.
Parameters of Consent
4. The subdivision certificate shall not be released until such time as the requirements of the conditions of this consent have been carried out.
PRIOR TO THE RELEASE OF THE SUBDIVISION CERTIFICATE
Subdivision Certificate
5. A final linen plan suitable for registration with NSW Land and Property Information shall be submitted to Council for certification.
6. The applicant shall pay to Council a fee for a Subdivision Certificate as outlined in the Fees and Charges section of Council’s current Management Plan, prior to the release of the final plan of subdivision.
61 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
7. The linen plan shall not be released until such time as the requirements of the conditions of this consent have been carried out.
Location of structures
8. Prior to the release of the final plan of subdivision, a survey plan shall be submitted to Council showing the location of all structures/buildings on the property with respect to boundaries of the allotments. Any dividing boundary shall be located so as to comply with the setback and fire-rating requirements of the Building Code of Australia with respect to the various structures/buildings.
SERVICES
Water
9. Council’s existing water main shall be extended to facilitate connection of the new allotment to Council’s system, at full cost to the developer.
10. The Goldenfields County Council Buy-in Contribution Charge per additional Equivalent Tenement (ET) created shall be paid, prior to the release of a subdivision certificate.
An ET for the current financial year (2015/16) is $6794 and if paid before 30 June 2016 the total fee payable will be $6794. This fee is subject to change and, if paid after 30 June 2016, the contribution will be required to be paid at rate determined by Goldenfields at the time of payment.
Sewer
11. Council’s existing sewer main shall be extended to facilitate connection of the new allotment to Council’s sewer system, at full cost to the developer.
Easements
12. Easements shall be provided over all services (including drainage, sewer and water where necessary) to the satisfaction of the relevant authority, and wherever Council deems necessary to allow provision of, and unrestricted access to, the services.
PROPERTY ADDRESS
13. New Lot 2 shall be identified as 51A Bobbara Street, Harden.
62 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
16/07 – MCLEAN OVAL FLOOD LIGHTS - HARDEN
Reference: Infrastructure Responsible Officer: Infrastructure Services
PURPOSE
The purpose of this report is to recommend flood light replacement at McLean Oval Harden.
REPORT
Harden Rugby League Club has made a request to Council to replace certain flood lights that are not operating at McLean Oval. The club gave staff a diagram of those lights not operating, primarily in the two most southern light towers. The flood lights are primarily for training purposes, with the occasional helicopter medical evacuation activation. The Rugby League Club currently pays the electricity account for the flood lights.
Up until now, flood light replacement has been undertaken by County Council/Great Southern Energy/Essential Energy staff and equipment. However this time, due to a number of reasons, Essential Energy staff were unable to assist. Once this fact was known, an external industrial electrician was engaged and a suitable boom to access the light towers sourced and engaged. It has been flagged that the lights may not be the total issue, with damaged light control gear also a possible cause for some lights to be out. Each flood light has its own control gear required for startup; making a total of 24 individual lights and control gear existing on the Mclean Oval site.
On 6 May, electrical contractors and hired boom was deployed to replace and check the lights and inspect control gear. From this inspection it was found that Council did not hold all the right globes and some control gear cases where faulty allowing water entry and internal control gear failure. At this visit two globes were replaced on the south western tower. Telstra and Optus towers were also inspected on the day, requiring a shutdown of those mobile phone towers as a precautionary measure. Since this visit costs associated with replacement control gear and globes has been determined.
The estimate replacement costs are outlined as follows:
1. 10 not working globes ($250 each) and six (6) faulty control gear ($1,000 each), crane hire with workman basket and local electrician $11,000.
2. All 24 lights and six (6) control gear $14,500.
63 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden There is a chance that some control gear may still be an issue, but 6 control gear units have been estimated for replacement by the electrical contractors after the inspection. It is suggested that all the flood lights should be replaced whilst the specialist access equipment is available.
On the same day, Roberts park sport field lights were also inspected where it was determined that same light type exists.
An outcome of this maintenance work is the documentation of the process for replacement involving documenting the replacement globe type, procedure for shut down with the respective telecommunication tower operators and access. Copies of the process will be distributed amongst staff and the Rugby League Club for future reference.
Given the extent of impact to users of the lights not functioning it is recommended that Council allocate funds towards the works.
STATUTORY PROVISIONS
There are no direct legal implications arising as a result of this report.
RELATIONSHIP TO INTEGRATED PLANS
Former Harden Shire - Operational and Delivery Plan
This report does specifically relate to identified strategies in Council’s Operational and Delivery Plan 2015-2020.
Strategy 5.2.1 To incorporate sustainable service level needs in the recreation and sporting facilities Management Plan.
POLICY IMPLICATIONS
There are policy implications arising as a result of this report.
FINANCIAL IMPLICATIONS
The works are estimated to cost $14,500 which is not currently allocated in the budget. It is recommended that these funds be allocated and adjusted accordingly during the June Quarterly Budget Review.
RECOMMENDATION
It is recommended that, Council allocate $14,500 for full light replacement and associated control gear for McLean Oval Harden, to be adjusted at the June Quarterly Budget Review. 64 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
16/08 – ROADS TO RECOVERY WITHIN FORMER HARDEN SHIRE
Reference: Infrastructure Responsible Officer: Infrastructure Services
PURPOSE
The purpose of this report is to recommend redistribution of allocation of Roads to Recovery funds within the boundaries of the former Harden Shire.
REPORT
As the program for the year approaches the last projects, some completed projects have generated some identified savings. There is also a sum of about $27,000 unallocated. Three projects (one already completed) require these generated savings to be revoted by Council.
The following table updates the current adopted project list for 2015/16 and the proposed fund movements within the Roads to Recovery program and current project status.
Current R2R Approved Projects 2015/16 Road Project Description Adopted Proposed Status $ revised budget$ Berremangra Rd 3.36 to 5.96 from 85,000 83,000 Complete Hume Highway , heavy patching Cullinga Mines 2.60 from MR 381 to 30,000 30,000 Commenced Road 5.60 km Heavy Patching Cullinga Mines Heavy patching and 65,000 65,000 Commenced Road shoulder works MR381 to Beggan intersection reseal 2018/19 Beggan Beggan Heavy Patching 2.2 30,000 36,000 Complete Road km from Cullinga Mines intersection to 2.7 km Moppity Road, Heavy patching 30,000 16,000 Complete Alsam Park selected sections Reseal due 2015/16 Moppity Road - Length 1.1 km (Bulk 118,000 90,000 Complete end Irish Jacks full width section to reconstruction and 65 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Watershed some heavy patches) Reseal due 2016/17 Moppity Road - 3.8 km x 2 Shoulder 15,000 0 Rolled into Cusack to grade project below Cunningar Roads Moppity Road - 3.8 km x 2 Shoulders 62,000 129,000 Commenced Cusack to grade and seal Cunningar Roads widening to 7.0 m with a 0.5 m widening each side.
Kingsvale Road Selected heavy 30,000 16,000 Complete Patching combined area 950 m2/5 patches. Reseal due 2015/16. Huntleigh Road Intersection area Barwang Road Major heavy 80,000 127,000 Complete Yallanbee/Windso patching and rs to McWilliams shoulder grading. Vineyard. Currawong Road Heavy Patching 30,000 20,506 Complete 9.620 to 10.700 from North Street. Around Currawong Currawong Road Additional selected 30,000 40,000 Scheduled North St to Merton heavy patches, Road Area 950 m2 /5 patches, traffic hazard, reseal due: 2020 Bouyeo Road Shoulder 50,000 50,000 Scheduled Reconstruction mid-section Smiths Kingsvale Road Reseal from 4 km to 100,000 85,682 Complete 9.0 km from Wombat Road intersection (Rock Hill). Coppabella Road Carrs Crossing re 50,000 53,000 Complete topping of existing causeway 2 km south of Garry Owen Road
66 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Aurville Road Culvert headwall 20,000 20,000 Complete lift on downstream to allow shoulder widening stage 1, 75 m south of the Saleyards Road intersection.
Gravel Resheet Gladestone Road Resheet 0 km to 60,000 29,743 Complete 4.00 km various sections
Urban Component Albury Street, from Shoulder and kerb 120,000 141,571 Commenced Station Street east, rebuild 170 m of southern kerb replacement side/Newson Park and 850 m2 of area. pavement rehabilitated, 5 tree islands at 30m spacings and parking bay line work. Public Concrete 18,000 18,000 Scheduled weighbridge pavement next stage 2 stage
Queen Street Kerb and Gutter 30,000 30,000 Scheduled stage 1 reconstruction. Projects Total $1,053,000 1,080,502
Funds unallocated 27,502 0 Total funds $1,080,502 $1,080,502 allocation 2015/16
The following projects are proposed to have an increased project allocation.
Barwang Road Further pavement defects where identified on crests/curves and where completed while in area. These work and defects have been highlighted by the heavy vehicle route being used from Ylad on Moppity Road back to Harden.
Moppity Road - Section from Cusack to Cunningar. Additional funds to cover pavement defects/seal issues found while carrying out shoulder widening works,
67 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden coupled with isolated road section surface ride quality issues. These issues called for pavement stabilisation works of about 8000m2.
Albury Street Newson Park. Additional funds allocated to allow additional drainage works for project, as an outcome from RMS comments on the project back to staff.
STATUTORY PROVISIONS
There are no direct legal implications arising as a result of this report.
RELATIONSHIP TO INTEGRATED PLANS
Former Harden Shire - Operational and Delivery Plan
Works are prioritised, based on a number of factors, such as budget implications, seasonal variations, competing priorities and political implications. Every effort is made to complete works that have been identified and prioritised within Council’s Management Plan.
POLICY IMPLICATIONS
There are no direct policy implications arising as a result of this report.
FINANCIAL IMPLICATIONS
There are no net financial implications arising as a result of this report.
RECOMMENDATION
Council endorse the revisions to the budget allocations as outlined in the Roads to Recovery Projects 2015/16 Report relating to the former Harden Shire.
68 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
16/09 – 2016/DA-00014 – SUBDIVISION – 10 BOYDS LANE, YOUNG
Reference: F149.01 Responsible Officer: Manager of Planning
PURPOSE
This report has been prepared and presented to Council, as the Applicant has verbally indicated that they do not wish to comply with Council’s adopted policy positions, with respect to the servicing of land in a Residential zone (although this issue has not been addressed in the submitted application). This report includes the full assessment, despite the vast majority of the considerations meeting either the performance outcomes, or acceptable solutions. This report reviews all matters and recommends approval, subject to conditions.
BACKGROUND
. 4th February 1991 Young Local Environmental Plan 1991 - Urban Lands comes into force, and land is zoned 1(c) Rural ‘C’, with a minimum subdivision area of 6000 m2.
. 16th October 2006 2006/DA-00196 - Approval granted to the subdivision of the land into three (3) lots of approximately 5800 m2 each.
. 16th October 2009 2006/DA-00196 - Development consent lapses.
. 3rd March 2010 2009/DA-00241 - Approval granted to the subdivision of the land into three (3) lots of approximately 5800 m2 each.
As the land was zoned rural, there was no requirement for sewer, however, certain road works were required along Boyds Lane.
. 2nd August 2010 Young LEP 2010 comes into force, and land is zoned R1 General Residential.
. 24th August 2011 DCP 3 - Rural and Residential Subdivision repealed, and Young DCP adopted. Note - Both DCPs required the servicing of land zoned Residential, to a conventional residential standard, including water, sewer, kerb and gutter, etc.
. 3rd March 2015 2006/DA-00141 - Development consent lapses.
. 2nd February 2016 Following development application lodged
69 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden DA No. 2016/DA-00014
APPLICANT Mr J & Mrs F Hewlett
PROPERTY Lot 1 DP 749602 10 Boyds Lane YOUNG NSW 2594
OWNER Mr J A & Mrs F J Hewlett
PROPOSAL Subdivision –three (3) allotments of approximately 5800 m2 each See Figure 1.
Figure 1 –Survey Plan
70 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
SITE The 1.7 hectare site is located approximately 3 kilometres south of the CBD, on the south-eastern corner of Boyds Lane and Kingsvale Road (see Figure 2). The surrounding area is essentially lifestyle allotments, with houses and sheds dotted across the landscape. There are also a few small orchards remaining in the area, but would not be considered commercial. The site itself is cleared, with no structures (See Figure 3).
The site is adjoined by two (2) lifestyle lots to the south, which each support a house. The land opposite across Kingsvale Road supports a house, while the land to the north across Boyds Lane, is cleared and undeveloped. The land to the east across Boyds Lane is Crown Land, is vacant, but supports a number of trees and encompasses a part of Sawpit Gully.
Figure 2 – Locality plan
71 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Figure 2a – extract from LEP zoning map LZN_017
72 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Figure 3 – Aerial view
Figure 4 – Streetview (Google Earth) – looking from the north-west corner, across the site
73 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
REPORT
These matters need to be considered under section 79(C) of the Environmental Planning and Assessment Act, 1979, as part of the assessment of the proposal.
79C(1)(a)(i) & (ii) - The provision of any EPI or draft EPI
SEPP’s and There are no draft SEPP’s or deemed SEPP’s (formerly REP’s) deemed SEPP’s specifically relating to a development of this nature, or to the area as a whole. There are a number of SEPP’s which relate to Young Shire as a whole, however, only the following SEPP has any relevance to the development.
State Environmental Planning Policy 55 – Remediation of Land
Clause 7 of SEPP 55 requires the consent authority to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land, and to be satisfied that the land is suitable for the proposed use. Council has no record of the property being used for any potentially contaminating activity, such as fuel tanks, cattle dips, orchards, etc.
LEP The applicable LEP is the Young LEP 2010, and the relevant provisions of the LEP are discussed as follows. Broadly, the site has not been identified as having heritage significance, nor is it within a heritage conservation zone. Furthermore, the land is not affected by the natural resources mapping (biodiversity or land). Finally, the land is not identified in the Floodplain Risk Management Study and Plan, as being at or below the flood planning level, and requires no flood planning consideration.
2.3 Zoning The site is zoned R1 General Residential, and the proposed development (subdivision of land) is permissible with the consent of Council. The development is not inconsistent with the objectives of the zone, which are:
• to provide for the housing needs of the community. • to provide for a variety of housing types and densities. • to enable other land uses that provide facilities or services to meet the day to day needs of residents.
74 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden 2.6 Subdivision – This clause provides that land may be subdivided, but only consent with development consent, unless it is exempt under the requirements provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. This subdivision is not exempt and approval is required.
4.1 Minimum This clause provides that land may only be subdivided in subdivision lot accordance with the relevant lot size maps. The LEP does not size establish a minimum lot size for this particular area; however, the DCP does introduce a set of desirable standards, which will be discussed elsewhere.
6.4 Water This clause and the accompanying map set, identifies areas of groundwater vulnerability and riparian corridors. This site has a minor affectation pertaining to the riparian corridor (about 3%), based on its proximity to Sawpit Gully (see Figure 5). The objective of this clause is to maintain the hydrological functions of riparian land, waterways and aquifers, including protecting water quality, natural water flows, the stability of the bed and banks of waterways, groundwater systems. Before determining a development application for land to which this clause applies, the consent authority must consider any adverse impact from the proposed development on the water quality of receiving waters, the natural flow regime, the natural flow paths of waterways, the stability of the bed, shore and banks of waterways, and the flows, capacity and quality of groundwater systems. Council is satisfied that the development will not adversely impact on the nearby Riparian Corridor, subject to appropriate conditions.
Figure 5 – Extract from LEP map NRW_017
75 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Draft EPI’s There is no draft planning proposal that will impact on this proposed development.
79C(1)(a)(iii) - Development control plan
The development is subject to the Young DCP 2011. There are a series of objectives throughout the DCP, and in order to attain these objectives, a number of performance outcomes (identified by the letter P at the start) should be achieved, and a series of acceptable solutions (identified by the letter A at the start) have been provided in the DCP, as one method of achieving the outcomes. Where a proposed development does not meet an acceptable solution, the applicant must provide justification for the variation, and demonstrate how the performance outcomes are still met.
An assessment of the proposal against the relevant sections of the DCP is as follows.
1.3 – DA This section identifies a number of developments that will not Notification Policy be notified, and by default, all other forms of development require notification. A subdivision of this nature is not one of these developments, and accordingly notification was required and was carried out.
Thirteen (13) adjoining and adjacent land owners and occupiers were notified of the proposed development and given fourteen (14) days in which to make a submission. One Department of submission was received, as follows: Primary Industries (Lands Section) Submission states that: . there are two (2) Crown Public roads in the vicinity of the development that appear to be in use by residents as property access roads and these are Boyds Lane and McGlynns Lane, . Kingsvale Road between Willawong Street and Normans Road is also a Crown Public road, which appears to be the main property access for a number of properties as well as forming part of the general road network in the area, . aerial imagery indicates that maintenance works may have taken place on these roads and DPI Lands would like to take this opportunity to suggest that Young Shire Council may like to formally initiate a transfer of ownership to assist it with future maintenance, . DPI Lands has no other comment on this development application.
These matters are noted and will be dealt with by the
76 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Operations Department, if warranted and when time permits.
Referrals A referral was not required to Roads and Maritime Service as the land is not located on the Highway or a Regional Road. The land is partially bushfire prone land (about 1%), and the original subdivision application was referred to NSW Rural Fire Service, and the response was that the department was prepared to issue a Bush Fire Safety Authority with no specific conditions.
5.2 Subdivision in The objectives of this clause are: the General Residential To ensure that land is developed in a manner that is appropriate to the existing or preferred character of the area;
The proposed development in terms of lot size is appropriate to the existing character of the area, but is inconsistent with the preferred character of the area. This is dictated by the zoning of the land, as well as the provisions of this section of the DCP, where the expectation is that smaller lots would be created in the zone. However, if the acceptable solutions can be met, and the potential remains for the development of the lots, closer to the preferred lot size, then this is acceptable in the interim.
To ensure that land is developed in a way that will minimise impacts on the natural environment and will allow for the efficient and equitable distribution of public amenities and services.
If the land is appropriately serviced and constructed, then the impacts on the natural environment will be minimised. The issue of equitable distribution of public services is discussed in greater detail elsewhere in this report.
Compliance with the acceptable solutions are discussed as follows, with respect to the various performance outcomes to the left.
PSD2.1 All ASD2.1 Avoid four-way intersections, and provide a minimum intersections shall spacing between intersections of 40 metres (may be 20 be deigned or safe metres for minor access roads and cul-de-sacs); traffic management Not applicable. No new roads or intersections proposed, as
77 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden the subdivision utilises existing roads, and as the land is not being subdivided to its potential.
Whilst Lots 1 and 3 could be re-subdivided utilising access to Boyds Lane and to Kingsvale Road, this proposed design has the potential to restrict the resubdivision of proposed Lot 2 into smaller residential lots (DCP minimum), at a future time. Under the current policy position there is insufficient width for a road, and potentially only a maximum of six (6) lots would be achievable. However, this would allow for two (2) larger lots, which provides a variety of housing densities, which is a positive thing.
PSD2.2 Minimise ASD2.2 Avoid cul-de-sacs if possible the use of cul-de- sacs, and where Not applicable. No cul-de-sacs proposed, as the subdivision these are provided utilises existing roads, and as the land is not being subdivided provide adequate to its potential. minimum frontages to facilitate reasonable access and dwelling construction
PSD2.3 Provide ASD2.3.1 Provide minimum road carriageway widths as road widths that follows: are consistent with . Cul-de-sac or minor access road (up to 15 dwellings) - 9m the character of . Local Street (15-100 dwellings) - 11m the Young . Collector (above 100-300 dwellings) - 12m. Township or the village concerned, ASD2.3.2 Provide verges to each side of road carriageways as within a logical follows: hierarchy of roads . Cul-de-sac or minor access road (up to 15 dwellings) - 4.5m . Local Street (15-100 dwellings) - 4.5m; . Collector (above 100-300 dwellings) - 4.5m.
There are no new roads; however, assessment of the existing roads against this criteria has been carried out.
Boyds Lane has a pavement width of about 4 metres, within a 20 metre wide road reserve. Kingsvale Road has a sealed pavement width about 6 metres, also within a 20 metre wide road reserve.
78 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden ASD2.3.3 Road Construction: . all roads created as a part of the subdivision are sealed and provided with kerb and guttering, and are designed and constructed in accordance with Council’s Engineering Guidelines for Subdivision and Development, . all existing street shoulders adjacent to the subdivision are sealed and provided with kerb and guttering, . all roads created as a part of the subdivision are dedicated to Council to become public roads, . any street and advisory signs that are required are manufactured, located and erected in accordance with Council’s Engineering Guidelines for Subdivision and Development.
Neither Boyds Lane nor Kingsvale Road, has kerb and gutter, and in addition, Boyds Lane is not sealed. Both roads will be required to be upgraded to meet the required standard, in width and construction improvements. This is consistent with all recent subdivisions approved in the Residential zone, including those that are remote from the existing road network, in particular: - 2010 King subdivision on Back Creek Road (2 lots of 6049 m2 and 1.610 ha), - 2011 Keir subdivision at the top end of Cram Avenue (2 lots of 5500 m2 and 7500 m2), - 2012 Conroy/Peters subdivision, located at 189 Henry Lawson Way (2 lots of 5000 m2 each), - 2014 Norris subdivision (Blue Still Café and Distillery), located 60 metres south of the subject land on Henry Lawson Way (3 lots of 3.28 ha, 1.2 ha and 5000 m2), - 2014 Kennard subdivision at the northern end of Hills Street (4 lots of 2388 m2, 2422 m2, 2983 m2 and 2206 m2), - 2014 Patterson subdivision at 32 Briggs Street (2 lots of 2.634 ha and 1088 m2), - 2014 Kennard subdivision at 112 Hills Street (4 lots of 2388 m2, 2422 m2, 2983 m2 and 2206 m2), - 2015 Patterson subdivision, at 32 Briggs Street (2 lots of 2.5 ha and 1007 m2.
The principles behind providing kerb and gutter, in addition to being Council’s preferred policy position, are:
. it contributes to the aesthetics of the locality,
79 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
. it collects water from crowned pavements and conveys it to points of collection, thus reducing the amount of water that gets under the pavement, . it collects water from the pavement and other properties and upstream, thus minimising entry of stormwater onto the property (except in extreme rainfall events), . it outlines the edges of pavement and provides easily definable borders between travelled and untravelled surfaces, . it confines and strengthens pavement structures, by improving compaction during construction, and helps maintain the integrity of edges under traffic, . the added thickness given to edges of pavements by integral kerbs, increases strength and stiffness, reduce deflections induced by traffic loads and therefore extends pavement life and decreased maintenance, . the reflective surfaces of kerbs delineate pavement edges and improves visibility for drivers at night, thus promoting safety, and more effectively channels vehicles, . helps delineate the footpath area and provide for safe pedestrian travel (where existing), . the land is on the edge of the 60 kmph and 80 kmph speed zone, and kerb and gutter will aid in defining this urban residential zone, . it improves the efficiency of street sweepers by concentrating debris for easy mechanical pickup, as opposed to having it scattered along shoulders and drainage swales where it must be picked up by hand, . unlike other types of infrastructure (such as a water main or sewer main), it is possible have an isolated section of kerb and gutter, that can at any future time, be connected to, . it signifies the lands zone and that the developer has met their obligations to infrastructure, not leaving a poor precedent to adjacent similar zoned lands.
A footpath is also required along the Kingsvale Road frontage.
PSD2.4 Minimise ASD2.4 Have no more than 5% battle-axe allotments the use of battle- axe Not applicable. No battle-axe lots are proposed allotments
PSD2.5 Avoid long ASD2.5.1 Have cul-de-sacs accessing no more than 15 dead-end streets, dwellings
80 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden so as to optimise access by service Not applicable. No cul-de-sacs proposed (see discussion and emergency above). vehicles
ASD2.5.2 Provide, where feasible, two access points for subdivisions of over 30 allotments (compulsory for subdivisions of over 200 allotments)
Not applicable. The subdivision does not exceed 30 lots.
PSD2.6 Respond to ASD2.6.1 Orientate at least 70% of allotments north-south or natural features of east-west the site, including It is not possible to achieve strict compliance with this, due to grades, the orientation of the lot to begin with. However, each lot is watercourses, within 280 of north-south, which is considered acceptable, aspect and soil when coupled with their size. types ASD2.6.2 Provide larger allotments on south facing slopes
There is a gradual fall to the north-east, so this is not applicable.
ASD2.6.3 Provide a minimum lot width of 20m where cross- grades of allotments exceed 10%, or where lots are east-west
Each lot exceeds the minimum width (50+ metres).
ASD2.6.4 Where terracing of cross-grade lots is required to provide level building envelopes, such terracing is provided by the developer, with the engineering design of retaining walls certified by an experienced practicing structural engineer and the geotechnical stability of sites is certified by a qualified and experienced geotechnical engineer
Not applicable as terracing is not proposed.
PSD2.7 Provide, ASD2.7.1 Maintain natural watercourses and incorporate where necessary, within open space areas public open space of usable size, Not applicable, as no natural watercourses traverse the site. grades 81 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden and shape, ASD2.7.2 Provide 10% of land as public open space for conveniently subdivisions of 30 allotments or more, or, alternatively located to serve contribute an equivalent amount the residents of the (costed at residential land value) for open space purchase subdivision OR and/or embellishment and/or access to open space in the alternatively vicinity contribute to the upgrading of Not applicable as the subdivision does not create more than public open space 30 lots. in the vicinity and/or access to that space in accordance with any contributions plan that may be in force
PSD2.8 Locate ASD2.8.1 Arrange layout so as to maximise access to existing building envelopes views for both existing and proposed allotments so that there is an equitable Satisfied. distribution of views.
To ensure that Site Design (undeveloped allotments) provides for:
PSD2.9.1 An energy PSD2.9.1 An average lot size of 700 m2 and a minimum lot size efficient dwelling of 650 m2 is achieved or exceeded house and any ancillary buildings Both the average lot size, and the minimum lot size, is and exceeded for all lots. However, this proposal does not facilities maximise the potential of zone. The Applicant has advised that they do not wish to develop smaller lots, as sewer is not available. They then indicate that future owners can site their dwellings to not hinder future residential subdivision. As discussed earlier, the further subdivision of Lots 1 and 3 would be relatively easy to achieve, but that Lot 2 may be hindered in regards to achieving the full potential on the zone.
PSD2.9.2 Outdoor PSD2.9.2 All allotments can accommodate a building landscaping and envelope of 16m x 9m; such building envelope to be no closer
82 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden recreation space than 1m to any side or rear boundary, or 6m to the front boundary, and located so that an 8m high dwelling on the envelope would not overshadow an existing dwelling so as to overshadow more than 50% of their private open space or north-facing roof between 9am and 3pm on 21st June.
Each allotment can comfortably contain a building envelope of 9 metres x 16 metres, which is located no closer than 1 metre to any side or rear boundary, and no closer than 6 metres to the street boundary.
ASD2.9.3 At least 70% of allotments are oriented within 15 degrees of north-south or east-west, with the majority of allotments being oriented north-south
Each allotment is orientated within 280 of south-north, which is considered acceptable given the existing orientation of the land, when coupled with their size.
ASD2.9.4 All allotments have a minimum width of 18m at a point 6m back from the front boundary except east-west orientated lots (i.e. within 15 degrees of east-west) which have a minimum width of 20m at that same point
All lots satisfy this criteria.
PSD2.9.3 Outdoor Outdoor service space service space This performance outcome does not have a specific acceptable solution. However, all allotments would have sufficient room for the storage of bins, positioning of water and gas meters, a water tank and a garden shed.
PSD2.9.4 Onsite car Onsite car parking parking This performance outcome does not have a specific acceptable solution. However, the size of each allotment would allow ample room for parking.
PSD2.9.5 Buffering Buffering allowance from sensitive or offensive uses allowance from sensitive or This performance outcome does not have a specific offensive uses acceptable solution, but is not considered relevant in this 83 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden instance, as there are no sensitive or offensive landuses adjacent.
PSD2.10 Vehicular ASD2.10 Where battle-axe allotments are provided, no more access is provided than two such allotments may be serviced by a shared to and from the site driveway
Not applicable. No battle-axe lots proposed.
PSD2.11 Site ASD2.11.1 Power is provided in the form of underground servicing, including services, in accordance with Country Energy [sic] any easements Requirements that may be required, Written Confirmation is required from Essential Energy that and disposal of states, that satisfactory arrangements have been made for sewage and waste the provision of power. water Power in the area is overhead, but any extension required to service the subdivision, should be taken underground.
ASD2.11.2 Street lighting is provided in accordance with the requirements of Country Energy
This shall be conditioned.
ASD2.11.3 A layback is provided to each allotment created, consistent with the parking and access chapter of this DCP OR roll-over kerb is provided.
This shall be conditioned.
ASD2.11.4 All allotments created are provided with a sewer connection, the connection to which is designed and constructed in accordance with Council’s Engineering Guidelines for Subdivision and Development OR where sewer is not available, are able to satisfy the requirements of Council’s On Site Management Plan for waste water disposal
The Applicant seeks to service each lot via an on-site effluent disposal system and relies on a report prepared in 2006, by 84 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Earth Boring Services Pty Ltd. This report indicates that each lot could be serviced by an Aerated Wastewater Treatment System (AWTS).
The DCP requires subdivisions to be connected to services in the R1 zone; however, the acceptable solution allows Council to have regard to on-site disposal as per Council’s On Site Management Plan. This is considered an inappropriate outcome in the R1 Residential zone, and is at conflict with other sections of the DCP. Sewer is mandatory for subdivisions in the R5 Large Lot Residential zone, where the minimum lot size is 1 ha (ASD3.1.7), and sewer is required for a house in the R5 Large Lot Residential zone (ASR5.1.2). However, on-site disposal could be considered on lots in the R5 Large Lot Residential zone, if greater than 2 ha in area (ASR5.1.3).
R1 zones are intended to be more dense residential areas, that are sewered. This viewpoint is supported by both the Department of Health and the Environmental Protection Authority, whose policies indicate that sewer should be provided to lots of 1 ha or less, particularly where town water is available.
Given the public health, contamination and amenity issues that the R1 zones with more density of development, are trying to manage, it does not seem sensible to allow on-site disposal. Council must have regard to broader overall outcomes in its planning decisions and the issues raised in this instance are discussed below, and ultimately recommends connection of the property to sewer, not on-site disposal.
Council has required connection to sewer in R1 zoned subdivisions, even for larger lots, as evidenced below:
- 2003/DA-00261 - 132 Willawong Street, Young – five (5) lots ranging in size from 6000 m2 to 9000 m2 – Decision by full Council to require sewer, - 2009/DA-00063 – 194 Willawong Street Young – three (3) lot subdivision of 1.117 ha, 7560 m2 and 6420 m2, - 2008/DA-00145 – 67 Windermere Street, Young – six (6) lots subdivision (between 6000-7000 m2), - 2011/DA-00076 – three (3) lot subdivision of land in Purchas Street (3870 m2, 9000 m2 and 2.38 ha), - 2011/DA-00089 – two (2) lot subdivision of land in Cram Avenue, two (2) lots of approximately 5500 m2 and 7500 m2, - 2011/DA-00128 - the subdivision of land on the Olympic 85 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Highway North, which only permitted a variation of the policy (provision of sewer), where the lots substantially exceeded the minimum (lots were 2 ha or greater), - 2012/DA-00037 – erection of a dwelling house on land in an R1 zone – that was 7246 m2 in area, and Council required the Applicant to consolidate the lot and adjacent land into a single lot of 2 ha, as an alternative to the extension of sewer, - 2013 – potential development and servicing of 156 Willawong Street, - 2014/DA-00082 – 161 Henry Lawson Way, Young - three (3) lots of 3.28 ha, 1.2 ha and 5000 m2.
Not requiring the extension of sewer to residential properties would be inconsistent with earlier Council decisions and would send the wrong message to potential developers. A decision to not extend the sewer now would be detrimental to the integrity of the development standard, Council’s interests and future land development in the R1 General Residential zone around town, and on these lots in particular. Each of these lots would be able to be further subdivided into 700 m2 lots and it would not be feasible to provide an on-site effluent management system safely or practically on those lots.
Council’s sewer main is located approximately 1000 metres north-west of the site in Willawong Street. The developer does not want to supply sewer due to the cost of extending this service. If the subject land was immediately adjacent an existing sewer line, this would not be an issue in terms of cost. And whilst the issue of cost is a reasonable one, it is dealt with in Council’s recently adopted (19.8.2015) Development Servicing Plans for Water Supply and Sewerage (DSP), which applies to this land (see Figure 6 below which shows those areas to which the DSP applies).
86 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Figure 6 – Appendix B from the Development Servicing Plans for Water and Sewerage, showing Sewerage DSP Servicing Areas
The R1 zoned residential areas appear to be where Council is currently receiving the most pressure for new residential redevelopment, as evidenced by past applications and by the DSP. Unfortunately, most of the middle to outer-lying areas of these new residential areas are deficient in many essential services. Land owners are therefore increasingly placing pressure on Council to allow them the profit benefit of the R1 zoning, with reduced lot sizes and an increased density and development potential, but without having to service the land
87 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden to a suitable residential standard, e.g without sewer, suitable road standard, stormwater systems, etc. This is often exacerbated by the propensity to ‘leap-frog’ development, resulting in development pressures at the extremities of newer R1 zoned areas, rather than development being undertaken in a logical sequential manner, with only minor (and cost effective) extensions of services required. This pressure is based purely on economic grounds, and not on any substantiated planning or engineering standards, or on any consideration of wider community benefit of cost.
As shown by Figure 6, the area to be serviced by sewer, has been divided into a number of development areas (the subject land is in Area 7). Designs and costings to service each of these development areas is presently underway. When this information is available, Council will need to determine the sequencing of servicing of these areas, based on a number of factors including, cost, engineering factors, developer demand, etc. This approach (and alternatives) was foreshadowed in a report to Council in 2013, in relation to an identical matter in Willawong Street (see Item 8.09, Ordinary Meeting of Council August 2013).
The DSP specifically caters for ‘out of sequence development’”, in Section 2.6, which states:
Council plans infrastructure development in accordance to a desired sequence of development. If a developer wishes to proceed with a development which is not in the same sequence, provided that there are no other constraints to the development, Council may approve the construction of the essential assets ahead of time. In such cases, the assets will be sized by the Council in accordance to the requirements of the DSP and the full capital cost would initially be met by the developer.
If the asset funded by this developer will serve other future development, the developer should be reimbursed when the Council collects developer charges from the future development. The Council and the developer will enter into an agreement stating how the developer will be reimbursed in the future.
88 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden This puts an onus on the developer to initially fund the infrastructure, where it is out of sequence development or ‘leap-frogging’ development, but provides the opportunity for the developer to re-coup the funds over time, as other developers connect to the system, and make contributions. If someone wants to develop they do so at their own cost. This results in a market and economic driven outcome, and logically will result in a systematic development pattern from existing developed areas with services, outwards, allowing for sequential, and not a leap-frog, development. This approach also best provides for orderly, cost effective and efficient provision of infrastructure, as development emanates out from town core serviced lands.
It is considered that this development is out of sequence development, and as such the developer should be responsible for extending the service in the first instance, and recouping costs over time, as per the DSP. The alternate is that the developer waits to develop the land, based on Council’s sequence of servicing, or as the infrastructure moves towards the property.
Both Council’s DCP and DSP support good planning and infrastructure outcomes by requiring connection to sewer. These are clearly adopted policies that provide Council with a solid basis on which to insist on the provision of infrastructure that will benefit the developer.
It is noted that the owner has missed two (2) opportunities in the past to subdivide land when it was rural, with less servicing obligations (and therefore cost), because they failed to act on the past consents, and allowed them to lapse. However, these actions cannot be undone, and it is not a valid planning reason to accept a lesser standard in relation to the subdivision of residential land, now that the zoning has changed, and on the basis of missed opportunities.
Based on the current design, with a lower lot yield, the developer is creating an unsustainable economic situation for themselves. For example if the cost of extending the sewer was $ 300,000, then that is a cost of $ 100,000 per lot (plus any other development costs). If however, the zone potential was maximised and achieved a higher lot yield of 18 lots, this is a cost of $ 16,666 per lot (plus any other development costs). This cost is much easier to carry per lot and recoup as the land is sold, and as per the DSP reimbursement is possible as others connect to the infrastructure. 89 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
The provision of sewer should encourage the developer to maximise the potential of the zone, as it was intended to be, and to prevent the ad hoc expansion on the urban periphery, under-utilisation of residentially zoned land, and the subdivision of residential land into inefficient life-style lots, which stifle future residential development.
If the land was developed to a greater density, it would also assist in terms of the problem of underutilisation of infrastructure. When designing and constructing infrastructure, it is generally based on land being developed to its full potential, and if the land is underdeveloped, this results in the underutilisation of the infrastructure, and generally increased costs per development lot.
Allowing the land to be developed without sewer being connected, could place Council in a difficult position in the future. Every resultant land owner could apply to further subdivide their lot in half (2 x 2900 m2 lots). If approved without sewer, then each subsequent land owner could apply to subdivide their lot in half again (2 x 1450 m2 lots). At some point Council must decide that sewer is required. The later that occurs, the more difficult is the provision of retrofitted infrastructure, and the more inequitable it potentially becomes.
Similarly, each subsequent land owner could apply to build a dual occupancy, or a large number on units on each of the 5787 m2 lots, as permissible in the zone. Alternatively they could apply to build a child care centre, or hostel, or any number of other permitted land uses. Council would conceivably require sewer to be extended in these circumstances, but the question could legitimately be asked of Council by a potential developer, “why did Council allow a residential lot to be created, without being properly serviced?” Retrofitting sewer to suit these developments would be difficult, more costly and less equitable for future developers.
On this basis it s recommended that the development be approved subject to the provision of sewer.
90 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden ASD2.11.5 All allotments created are provided with a connection point to Council’s water mains, the connection to which is designed and constructed in accordance with Council’s Engineering Guidelines for Subdivision and Development
Council's water main is located Kingsvale Road and Boyds Lane, and water is already connected to all three proposed lots.
ASD2.11.6 All allotments created are drained directly to the street drainage system or to receiving waters OR are drained to the street system or receiving waters via an inter-allotment drainage system constructed in accordance with Council’s Engineering Guidelines for Subdivision and Development.
Note: inter-allotment drainage would be required for all allotments with a cross-fall where any portion of the allotment drains through an adjoining allotment, or where the allotment drains away from the street
Stormwater from each lot can discharge to the road network (when upgraded), no specific conditions are required in this regard.
ASD2.11.7 Written confirmation is provided by a telecommunications carrier stating that facilities are available to each allotment or that otherwise suitable arrangements have been made.
Written confirmation is required from Telstra, stating that telephone services are available to each allotment created, or that satisfactory arrangements have been made to augment them as required.
ASD2.11.8 Written confirmation is provided by the natural gas company stating that facilities are available to each allotment or that otherwise suitable arrangements have been made.
Written confirmation is required from the authority that controls gas, stating that this service is available to each allotment
91 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden created, or that satisfactory arrangements have been made to augment them as required.
ASD2.11.9 Easements are provided wherever necessary to permit unrestricted access for sewerage, water and drainage purposes. Note: easement widths provide at least 1m clear access either side of the facility protected by the easement.
Easements will be required over any water, sewer, stormwater and electricity services, all of which will be required as all services will traverse the land. The easements can only be finalised, when the services have been extended and the exact location of them determined. A standard condition of consent will be imposed.
ASD2.11.10 Development contributes, if required, headworks and/or development servicing plan charges.
The development is subject to the following charges, for each additional tenement created: . Council’s section 64 sewerage contribution towards the augmentation of the sewage infrastructure.
There are no existing ET credits, so there are three (3) lots being created, which requires the payment of three (3) ETs. The contribution for this financial year (2015/2016) is: . YSCS - $ 4,070 x 3 lots = $ 12,210.
This is in addition to construction costs and connection costs.
As water is connected, and headworks charge were paid previously, no additional water charges are applicable at this time.
79C(1)(b) - The likely impacts of that development
Context and Given the nature of the existing area and the proposed setting development, there will be little impact on the scenic qualities and features of the landscape in both a regional and local context.
The character of the area is rural-residential in nature with a
92 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden number of larger lifestyle lots. It is considered that the density, design and scale of the development is in keeping with both the existing character of the area, but not with the likely future character of the area (smaller lots). However, it would appear that these lots could be further subdivided in the future, Lot 2 to a lesser extent, to achieve that future character.
In relation to overshadowing and acoustic privacy, etc, it is not considered that any of the existing residences in the area will be adversely impacted, with an ample sized building lots being proposed, to allow sufficient setbacks.
Access/transport These issues have been addressed throughout this report, in traffic terms of the provision and construction of physical assets, and with reference to the capacity of the existing road network around the site, which is considered adequate, subject to the works required.
Public domain It is not envisaged that this development will impact adversely on public recreational activities in the locality.
Utilities The effect of the proposal in terms of water supply, sewer, gas, power and phone have been addressed elsewhere in this report.
Heritage There are no heritage items listed in Council’s LEP, on the site, or in the immediate area. It is not considered that the development would have any impact in terms of historic, scientific, social, aesthetic, anthropological, cultural, spiritual or archaeological significance, and the site is not known to be a site of Aboriginal significance.
Other land It is not believed that the development will have any affect on resources conserving and using valuable land resources such as productive agricultural land, mineral extractive resources or water supply catchments.
Water These issues of water supply and stormwater disposal, have been addressed in the report elsewhere. There will be no effect by the proposed development on groundwater, drainage flows or water quality, provided sedimentation and erosion control measures are imposed during the construction 93 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden phase.
Soils The development has limited potential to impact on soil conservation in terms of - soil qualities or instability, management of soils, soil erosion and degradation, sedimentation and pollution of water bodies, contamination, or acid sulphate soils. However, it will be necessary to impose appropriate conditions pertaining to sedimentation and erosion control, during any construction works.
Air & Microclimate The development will not affect air quality and microclimatic conditions in terms of existing air quality or pollution, as there will be no long-term emissions of dust, particulates, odours, fumes, gases or pollutants.
Flora and fauna There are no trees located on the site, but there several on the road reserve adjacent the site. It is likely that three (3) trees may require removal. This includes a large tree at the corner of Boyds Lane and Kingsvale Road, but which is an isolated tree. There are two (2) other smaller trees on Boyds Lane, along the eastern boundary of the site, but are relatively immature. Therefore it is not considered that there is likely to be a significant effect on threatened species, populations, ecological communities or their habitat, if the trees were removed.
Two (2) Street trees are required as part of this subdivision, being one tree per additional lot (minimum height of 1.2 metres).
Waste There will be little waste associated with the development of the subdivision, rather any waste is likely to be generated at the building stage, and is best addressed then.
Energy In terms of energy efficiency and conservation of energy, the size and orientation of the vacant allotment, will allow houses to be positioned to take full advantage of passive energy design principles, in terms of solar light and heating, and natural ventilation.
Noise and vibration It is not considered that the development (when completed and utilised for residential purposes) will generate offensive
94 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden noise pollution or vibrations. Noise relating to the construction phase will be conditioned, through hours of operation, etc.
Natural hazards There are no known risks to people, property or the biophysical environment from – geologic or soil instability, flooding or bushfire.
Technological There are no known risks to people, property or the biophysical Hazards environment from - industrial and technological hazards, land contamination and remediation or building fire risk.
Safety, security, It is not considered that the proposed development will crime prevention impact on the security and safety of adjoining properties nor will the design of the subdivision encourage criminal activity.
Social and It is not considered that the proposed development will have economic impacts a negative impact on the locality in economic and social terms.
Site design It is considered that the proposed development is sensitive to the environmental conditions and site attributes. The size, shape and design of the allotments is considered appropriate for the existing character of the area, but not for the intended character. This will always the case for these types transitional developments, but there is opportunity to redevelop the individual lots due to the extensive road frontage the existing lot enjoys.
Construction The environmental issues and impacts associated with the construction phase of the development (provision of services) have been addressed throughout this report as necessary, and includes such things as erosion and sedimentation control, where necessary.
Cumulative One cumulative impact associated with this type of impacts development relates to traffic generation. However, it is not considered that other similar development will result in unmanageable conditions.
95 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
79C(1)(c) - The suitability of the site for the development
Does the proposal The proposed development can fit in the locality, given the fit in the locality? nature of the area. There are no constraints posed by adjacent developments that would prohibit this proposal.
Are the site Water exists, as does power, and whilst sewer is some 1000 attributes metres away, justification for requiring an extension of this conducive to service has been discussed at length above. It has been development demonstrated that the air quality and microclimate are appropriate for the development, there are no hazardous landuses or activities nearby, and ambient noise levels are suitable for the development.
The site is not subject to natural hazards including flooding, subsidence, slip, mass movement or bushfires. The soil characteristics are appropriate for the development, and there are no critical habitats, or threatened species, populations, ecological communities or habitats on the site. The development will not prejudice future agricultural production and there are no known mineral or extractive resources on the site.
79C(1)(d) - Any submissions made
Nil submissions received.
79C(1)(e) - The public interest
Staff are not aware of any policy statements from either Federal or State Government that are relevant to this proposal, nor any planning studies or strategies. There is no management plan, planning guideline or advisory document that is applicable to a development of this nature. Also, there are no covenants, easements, or agreements that affect the proposal.
CONCLUSION
The proposed development complies with Council’s LEP and DCP, in the majority of the areas. The following policy variations are sought, and are supported:
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24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
. orientate of allotments north-south or east-west (ASD2.6.1) – the lots are only 280, from north-south, which is considered acceptable, . allotments are oriented within 15 degrees of north-south or east-west (ASD2.9.3) - the lots are only 280, from north-south, which is considered acceptable.
It is considered that the subdivision, whilst not maximising the zone potential, will not unduly prejudice the further subdivision of the land into smaller residential lots, because the site has three (3) road frontages. From a planning or engineering perspective, there are no reasons warranting refusal of the application, however, the importance of providing an appropriate level of infrastructure, cannot be understated. Therefore, it is recommended that the application be approved subject to conditions. These conditions are set forth below in the determination.
STATUTORY PROVISIONS
There are legal implications arising as a result of this report.
RELATIONSHIP TO INTEGRATED PLANS – FORMER YOUNG SHIRE COUNCIL
. Objective – 1.2 - Urban design, planning and building control that meets community needs
Strategy - 1.2.2 Provide efficient and effective control of the built environment, through application, monitoring and compliance.
. Objective 2.2 - Governance and Leadership
Strategy - 2.2.1 Ensure transparency of vision, policy and decision making.
ATTACHMENTS
Nil
RECOMMENDATION
That the following development application be determined by way of approval, subject to the conditions below:
. DA: 2016/DA-00014 . Property: Lot 1 DP 749605, 10 Boyds Lane, Young . Development: Subdivision – three (3) allotments of approximately 5800 m2 each
97 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
PART A – ADMINISTRATIVE CONDITIONS
Terms of approval
A1. The developer shall carry out the development generally in accordance with the:
a) the following plans:
Plan Reference Issue Prepared by Dated Submitted No. - 2701 / 06 - J D Black 4/7/2006 2/2/2016
Inconsistencies between documents
A. 2 In the event of any inconsistency between the documentation referred to in Condition A1, the most recent document shall prevail to the extent of the inconsistency.
A.3 In the event of any inconsistency between conditions of this approval and documents referred to in Condition A1, the conditions of this approval shall prevail to the extent of the inconsistency.
Lapsing of approval
A.4 This development approval shall lapse five (5) years after the date on which it is granted, unless the works associated with the development have physically commenced.
Statutory Requirements
A.5 All licences, permits and approvals must be obtained and maintained as required throughout the life of the development. No condition of this approval removes the requirement to obtain, renew or comply with such licences, permits or approvals.
Cost of works
A.6 All works associated with the proposal, or required by this consent, will be at no cost to Council.
Prescribed Conditions
A.7 All relevant prescribed conditions under Part 6, Division 8A of the Environmental Planning & Assessment Regulation 2000 apply and must be complied with.
98 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
PART B – PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE
Construction Environmental Management Plan
B1. Prior to the issue of a construction certificate for the development, a Construction Environmental Management Plan (CEMP) shall be submitted to, and approved by the Certifying Authority, and a copy submitted to Council. The Plan shall address, but not be limited to, the following matters: (a) hours of work, as follows: (i) Mondays to Fridays – 7:00 am to 6:00 pm (ii) Saturdays – 8:00 am to 5:00 pm (iii) Sundays and public holidays – Nil (iv) Any other times – only with the prior written consent of Council; (b) noise management – including minimising noise emissions from plant and equipment, by installing and maintaining, wherever practicable, efficient silencers and low-noise mufflers; (c) management of dust to protect the amenity of the neighbourhood - all activities on the site shall be undertaken with the objective of preventing visible emissions of dust from leaving the site, including wind-blown and traffic-generated dust, in accordance with Part 6 of Council’s Engineering Guidelines for Subdivision and Development. Should such visible dust emissions occur at any time, the Developer shall identify and implement all practicable dust mitigation measures, including cessation of relevant works or dampening of site roads and work areas, as appropriate, such that emissions of visible dust cease; (d) soil erosion and sediment control measures shall be designed in accordance Council’s Engineering Guidelines for Subdivision and Development. (e) measures to ensure that sediment and other materials are not tracked onto the roadway by vehicles leaving the site, (f) construction waste management – including: (i) storage of waste shall occur within the boundaries of the site, by way of a screened area of silt stop fabric, shade cloth or waste disposal bin/skip; (ii) any waste materials removed from the site shall only be directed to a waste management facility lawfully permitted to accept the materials. (iii) the Developer shall maximise the treatment, reuse and/or recycling on the site of any excavated soils, slurries, dusts, aggregate and sludges associated with the development, to minimise the need for treatment or disposal of those materials outside the site; (g) tree protection measures - all trees on the site or on the adjacent road reserve, that may be threatened by the works, are to be
99 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden suitably protected in accordance with AS 4970-2009 Protection of trees on development sites, by way of tree guards, barriers or other measures as necessary in order to protect tree root systems, trunks and branches, during construction; (h) site security.
B2. In the event of any inconsistency between the approval and the CEMP, the approval shall prevail.
Road design and access design plan
B3. A road design plan, shall be prepared by a Civil Engineer or other suitably qualified professional, in accordance with all relevant Austroads “Guide to Road Design”. The plan shall be submitted to, and approved by, Council or the Certifying Authority, prior to the issue of a construction certificate. The plan shall include but not be limited to details of design and construction for the following: (a) the widening of Boyds Lane, adjacent the site, to achieve a pavement width of 5.5 metres, from the centreline of the existing pavement, in accordance with Council’s Engineering Guidelines for Subdivision and Development, (b) the construction of kerb and gutter adjacent the site in Boyds Lane, in accordance with Council’s Engineering Guidelines for Subdivision and Development, (c) the sealing of Boyds Lane, adjacent the site, in accordance with Council’s Engineering Guidelines for Subdivision and Development, (d) the widening of Kingsvale Road, adjacent the site, to achieve a pavement width of 6 metres, from the centreline of the existing pavement, in accordance with Council’s Engineering Guidelines for Subdivision and Development, (d) the construction of kerb and gutter adjacent the site in Kingsvale Road, including the sealing of the road shoulder, in accordance with Council’s Engineering Guidelines for Subdivision and Development, (e) a 1.5 metre wide concrete footpath, along the Kingsvale Road frontage of the property, (f) signage and line-marking in accordance with Australian Standard AS1742 - Manual of uniform traffic control devices.
Sewer
B4. A comprehensive reticulated sewerage drainage system shall be designed by Civil Engineer or other suitably qualified professional, in accordance with Council’s Engineering Guidelines for Subdivision and Development. The plan shall be submitted to, and approved by, Council or the Certifying Authority, prior to the issue of a construction certificate. The plan shall include, but not necessarily be limited to, the following:
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24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
(a) extension of the existing reticulated sewerage system, to service each lot in the subdivision (this may incorporate either a gravity or pump sewer system, depending on the subdivision layout and the location of any existing mains), (b) any sewer pump station shall be in accordance with Council’s policy at the time, (c) the provision of a sewer junction for each allotment, (d) appropriate sizing of truck mains for this locality – consultation required with Utility Services Department.
Power supply
B5. Prior to the issue of a construction certificate, design plans showing the location and nature of the proposed electricity infrastructure (street lighting, power lines, transformers, etc), shall be submitted to the Principle Certifying Authority (PCA) and Council. The plans shall be prepared by an Accredited Service Provider, and certified that they comply with the following standards. (a) underground backbone high voltage power mains and low voltage power mains shall be provided to service each allotment within the subdivision, (including multiple distribution substations as required) in accordance with the requirements of Essential Energy, (b) street lighting shall be provided in Boyds Lane adjacent the subdivision, in accordance with the requirements of Australian Standard AS1158 Lighting for Roads and Public Spaces – Table 1.1 (category P4 for cul de sacs and collector roads).
Telecommunications
B6. Prior to the issue of a construction certificate, design plans showing the location and nature of the proposed telecommunication infrastructure to each allotment, shall be submitted to the PCA and Council. The plans shall be prepared by an Accredited Service Provider.
Gas
B7. Prior to the issue of a construction certificate, design plans showing the location and nature of the proposed gas infrastructure, shall be submitted to the PCA and Council. The plans shall be prepared by an Accredited Service Provider.
Street trees
B8. A street tree plan shall be submitted to, and approved by, Council, prior to the issue of a construction certificate. The plan shall include, but not necessarily be limited to, the following: (a) provision of a minimum of one (1) street tree per lot, 101 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden (b) trees to be advanced specimens at the time of planting (minimum height of 1.2 metres measured from ground level when planted), (c) details of the type of trees (including common and botanical name, height and width at the time of maturity), (d) trees to be chosen from Appendix G of the Young DCP, (e) trees to be located central to each lot, (f) trees to be planted in accordance with Section 4.1 of the Engineering Guidelines for Subdivision and Development, (g) maintenance/watering program, to ensure the survival of the trees for a minimum period of twelve (12) months, from issue of subdivision certificate.
PART C – PRIOR TO COMMENCEMENT OF WORKS
Construction Certificate
C.1 A Construction Certificate must be obtained from Council or an Accredited Certifier prior to work commencing, for all construction works.
C.2 Full engineering design plans, prepared in accordance with Part B conditions, shall accompany the applications for construction certificates, and shall cover all civil and utility works
Notice to be Given Prior to Commencement
C.3 The PCA and Council shall be given written notice, at least 48 hours prior to the commencement of works on the site.
C.4 Seven days prior to commencement of engineering works on the site, the person having the benefit of the consent shall notify Council and the PCA of: (a) the appointed Project Manager (b) the appointed Construction Contractor (c) the intention to start site works, (d) a 24 hour telephone number, for contact with the construction manager, to be operated for the duration of the construction works.
C.5 The Project Manager shall arrange an on-site meeting with the nominated Contractor, Council’s Engineering Representative and PCA, prior to work commencing.
Application to carry out works in road reserve
C.6 Any works constructed or undertaken on public roads dedicated in the name of Young Shire Council, or utilised for the carrying out of work on adjacent properties, shall not be undertaken until an approval under the
102 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Roads Act, 1993 (works within the road reserve application), has been obtained.
C.7 The following documentation and plans shall accompany the application for approval under the Roads Act 1993: (a) a Traffic Control Plan (TCP prepared by an accredited person, which contains their Certification Number, origin of issue and the date of issue), (b) the approved road design plans and accompanying construction certificate (where Council has not issued the construction certificate).
Site notice
A site notice(s) shall be prominently displayed at the boundaries of the site for the purposes of informing the public of development details including, but not limited to: (a) details of the Principal Certifying Authority; (b) the approved hours of work; (c) the name of the site/project manager and the primary contract the responsible managing company (if any), its address and 24 hour contact phone number for any inquiries; and (d) a statement that unauthorised entry to the site is not permitted.
Construction environmental management measures
C2. All measures contained in the CEMP (Condition B1), including, but not limited to the following, are to be implemented prior to the commencement of construction and be maintained throughout construction: (a) sediment and erosion control measures, (b) site security measures, (c) tree protection measures.
PART D – DURING CONSTRUCTION
Construction environmental management measures
D1. All measures contained in the CEMP (Condition B1), including, but not limited to the following, shall be adhered to/maintained throughout construction: (a) hours of work, (b) noise management measures, (c) dust mitigation measures, (d) waste management measures, (e) erosion and sedimentation controls, (f) tree protection measures.
103 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Approved Plans to be On-site
D2. A copy of the approved and certified plans, specifications and documents incorporating conditions of approval and certification, and all relevant environmental approvals, shall be kept on the site at all times, and shall be made available for perusal by any officer of Council or the PCA on request.
D3. A copy of the CEMP shall be kept on-site at all times, during the course of construction.
Setting out of Infrastructure / Structures
D4. The engineering works shall be set out by a registered surveyor to verify the correct position of the infrastructure in relation to property boundaries and the approved alignment levels. A report from the registered surveyor shall be furnished to the PCA and Council for verification prior to any inspections being carried out by the PCA.
Removal of trees
D5. No trees shall be removed from site unless separate consent is obtained from Council.
Certification and inspection of subdivision works
D6. The subdivision works must be inspected and tested by the PCA, at each relevant stage of construction to demonstrate compliance with the approved plans. Where Council is not the PCA, documentary evidence shall be provided by the PCA to Council, demonstrating compliance.
D7. The PCA is to be given a minimum of 48 hours notice prior to any critical stage inspection or any other inspection nominated by the Principal Certifying Authority via the notice under Section 81A of the Environmental Planning and Assessment Act 1979.
Disposal of seepage and stormwater
D7. Any seepage or stormwater collected on-site during construction must not be pumped to any public road stormwater system or watercourse.
Installation of services
D8. Service conduits for electricity and telecommunications cabling shall not be trenched across any road pavements.
104 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden State Survey Marks
D9. The developer shall ensure that any existing State Survey Marks (Permanent Mark) will not be disturbed. If it so happens that this mark falls within any works associated with the development it shall be relocated at the developer’s cost or if it is disturbed, reinstatement costs shall also be borne by the developer.
PART E – PRIOR TO ISSUE OF SUBDIVISION CERTIFICATE
Completion of engineering works
E1. All engineering works (roadworks, water supply, sewerage and stormwater) shall be completed in accordance with the approved plans and construction certificate, prior to the issue of a subdivision certificate
Services
E2. Prior to the issue of a subdivision certificate, written evidence shall be submitted to the PCA and Council, stating that satisfactory arrangements have been made throughout the proposed subdivision, and to each allotment, with respect to the provision of: (a) telecommunication services - from Telstra Australia, (b) power and street lighting – from Essential Energy, (c) gas - from the appropriate authority, (d) water, sewer and stormwater – from YSC Utility Services.
Works as Executed Plans
E3. A set of final works as executed plans showing all works carried out on the site and the location of all services, shall be submitted to Council, prior to the issue of a subdivision certificate.
E4. The plans shall be clearly marked to show all variations of the completed works from the approved design plans. The plans shall also show contain the location and depth of any fill placed on any lot.
E5. The works as executed plans shall be signed by a licensed Surveyor or Engineer, or the relevant professional. The plans shall be clean, neat and suitable for long term storage, and an electronic version of the plans shall also be provided.
E6. A schedule of quantities (including cost) relating to the as constructed assets shall be submitted to Council.
105 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Fencing
E7. Fencing shall be erected along all external boundaries of the subdivision. The developer shall ensure that all fences are located on the correct boundary alignments, by having the boundaries marked by a Registered Surveyor.
Damage to infrastructure or services
E8. The cost of repairing any damage caused to Council or other Public Authority’s assets in the vicinity of the subject site as a result of construction works associated with the approved development, is to be met in full by the developer prior to the release of any subdivision certificate.
Street trees
E9. Street tree planting shall be completed in accordance with the approved plan.
E10. A maintenance bond of $ 200.00 per tree shall be lodged with Council for a period of twelve (12) months from the issue of the subdivision certificate, to ensure the survival of the trees. At the end of twelve (12) months, the bond shall be refunded, less $ 200 per tree that did not survive. The residual bond money shall be used by Council to replant and maintain the trees.
Street addressing
E11. A street addressing number plate shall be erected on the kerb adjacent each lot by Council, at full cost to the developer, at the price listed in Council’s Management Plan, at the time of payment.
Contributions
E12. Evidence shall be submitted to Council that the Water and Sewer Supply Authority’s obligations have been met with regards to headworks and contributions for this development. Such Certificate of Compliance of payment, or satisfactory arrangements, shall be furnished prior to issuing of the subdivision certificate.
E13. The point of contact for the Water and Sewer Supply Authority for this development is the Young Shire Council.
106 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
E14. The following contributions are applicable, if paid prior to the 30th June 2016:
Name No. ETs Rate per ET (2015/2016) Total YSC S64 sewer 3 $ 4,070 $ 12,210
E15. Payment of the contribution will be at the ET rate nominated by at the time of payment, which is subject to annual review.
Defects Liability Period
E16. For a period of twelve (12) months after the subdivision certificate is issued, the subdivider must remedy any defects or omissions in the subdivision works.
E17. Defects do not include reasonable wear and tear or damage caused to the works by inappropriate use (e.g. damage or abuse from traffic accidents or vandalism).
Defects Liability Bond
E18. The defects liability bond must be submitted with the subdivision certificate application. The bond must be in the form of cash or unconditional bank guarantee (no lapse date) for an amount of 5% of the agreed value of the subdivision works or $ 5,000, whichever is the greater.
Remedying Defects during the Defects Liability Period
E19. At any time during the defects liability period, the consent authority may direct the subdivider to rectify any omission or defect in the subdivision works.
E20. The direction will identify the scope of works to rectification and state the time by which the subdivider shall complete the work of rectification (or stages of the rectification) and may state the time by which rectification shall commence.
E21. If the subdivider fails conforming to the direction or part of the direction, the consent authority may perform the works and charge costs to the subdivider. The Council will deduct any costs incurred from the defects liability bond.
107 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Refund of defects liability bond
E22. At the expiry of the defects liability period the subdivider shall arrange Council to carry out an inspection of the subdivision works, and request a return of the defects liability bond.
E23. If Council determines that the subdivision works are satisfactory, Council will refund the balance of the defects liability bond.
E24. If unremedied subdivision work defects or omissions are detected by the Council during the inspection, the subdivider must remedy these works and re-apply for an off defects liability inspection. Council may retain some or all of the defects liability bond for a further period of twelve (12) months.
Final subdivision plans
E25. The submission of a final plan of subdivision (and seven copies), suitable for registration at the Land Titles Office.
Registration of easements and restriction as to users
E26. Easements shall be created over all services to the satisfaction of the relevant authority, and/or wherever Council deems necessary to allow unrestricted access to the service, and restrictions as to user created, under section 88B of the Conveyancing Act 1919.
E27. The 88B Instrument shall be submitted to the PCA with the final plan of subdivision as a prerequisite to the endorsement of the subdivision certificate.
E28. The 88B Instrument creating restrictions as to user and easements shall contain a provision, enabling such restrictions or easements to be revoked, varied, modified or released only with the consent of Council.
108 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
16/10 – SIBLECO AUSTRALIA VOLUNTARY PLANNING AGREEMENT
Reference: Planning Responsible Officer: Environmental Services
PURPOSE
Planning legislation in NSW allows developers to enter into planning agreements with consent authorities (in this case Hilltops Shire Council) to provide community facilities or to provide other means of paying applicable contributions, in lieu of the normally applicable section 94 development contributions. A planning agreement is made in accordance with clause 93F of the Environmental Planning and Assessment Act 1979 (the Act).
Sibelco Australia made an offer to Harden Shire Council to enter voluntarily into a planning agreement as part of the application for modification 3 of development consent T03-025. In granting consent to the modification on 15 July 2015 a condition, 87A, was imposed to require the completion of a Voluntary Planning Agreement. The agreement has been negotiated between the management of Harden Shire Council and management of Sibelco. This agreement must be placed on public exhibition for a period of 28 days prior to it commencing.
REPORT
Councils have the ability pursuant to Section 93 of the Environmental Planning and Assessment Act, 1979 (the Act) to enter into voluntary planning agreements with developers in lieu of payment as scheduled in any current contributions plans. However a Council cannot impose a condition of consent that requires a developer to enter into a voluntary planning agreement unless the developer has made the offer of such an agreement as part of the development application.
Guidelines issued by the then Department of Infrastructure and Natural Resources indicate that the need to provide probity and public accountability in the process of entering into voluntary planning agreements is of paramount importance. The guidelines stress that the agreement must be for the provision of infrastructure for the public benefit and that any such benefit, in terms of land, goods or services, must be able to be justified and be no less than the overall public benefit that would have been applicable under the contributions plan of Council, if one was in place.
In negotiating the voluntary planning agreement with the management of Sibelco, management of Harden Shire Council assessed the life time impact of the increased haulage volumes on the road network, the improvements required to safely permit the increased volumes and the overall cost to the community. 109 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden The costs of these works were calculated over the expected life of the road network, allowing for maintenance and appropriate upgrades where necessary, taking account of the existing road carrying capacity and volumes. Similarly community infrastructure benefits in the form of upgrades to community facilities were also costed over the life of the development to provide a contribution figure applicable under the planning agreement.
It is a requirement of legislation, that prior to a voluntary planning agreement becoming operational it must be signed by both parties, and be placed on public exhibition with an explanatory note for a period of no less than 28 days. The attached voluntary planning agreement is the negotiated agreement that has been drafted with changes made as suggested by Council’s legal advisors.
This agreement will be the second agreement into which the former Harden Shire Council has entered; the other being with Tegra Australia in 2011. In the Tegra Agreement the Mayor and General Manager were given delegation by Council to sign the agreement. However in this instance it is suggested for probity that the Assistant General Manager and Mayor be given delegated authority to sign the agreement as the Acting General Manager as the Director Environmental Services undertook the assessment of the application that provided for the imposition of the voluntary planning agreement and has been instrumental in the drafting of the agreement.
STATUTORY PROVISIONS
There are legal implications arising as a result of this report.
RELATIONSHIP TO INTEGRATED PLANS
Former Harden Shire Council - Community Strategic Plan
This report relates to strategy 3.2.1 which states “Implement urban design, planning and building controls that are sustainable and meet community and industry needs” in Council’s Community Strategic Plan.
POLICY IMPLICATIONS
There are no policy implications arising as a result of this report.
FINANCIAL IMPLICATIONS
There are financial implications arising as a result of this report.
110 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden ATTACHMENTS
Attachment 1 - Explanatory Note to the Sibelco Planning Agreement between Hilltops Council and Sibelco Australia
Attachment 2 - Planning Agreement Pursuant to section 93F of the Environmental Planning and Assessment Act 1979
RECOMMENDATION
That Council:
1. Place the attached voluntary planning agreement, and explanatory note, between Hilltops Council and Sibelco Australia on exhibition for a period of not less than 28 days; and 2. Providing no substantial objections are received as a result of public exhibition, the Assistant General Manager and Administrator be authorised to sign the voluntary planning agreement on behalf of Hilltops Council.
111 Explanatory Note
EXPLANATORY NOTE
to the Sibelco Planning Agreement between Hilltops Council and Sibelco Australia
Pursuant to clause 25E of the Environmental Planning and Assessment Regulation 2000.
Page 1 of 5 Explanatory Note
What is a Voluntary Planning Agreement?
Planning legis lation in NSW allows d evelopers to enter into p lanning agreements with consent authorities (in this case Hilltops Council) to provide community facilitie s or to provide oth er means of pay ing a pplicable contributions, in lieuof t he nor mally ap plicable sect ion 94 developmentcontributions. A p lanning agreement is made in accordance with c lause 93F of the Environmental Planning and Assessment Act 1979(the Act).
Introduction
This explanatory note has been prepared in accordance with clause 25E of the Environmental P lanning an d Assessment Re gulation 20 00 (the Regulations).
The purpose of this explanatory note is to provide a summary to support the notification of the planning agreement between Hilltops Council and Sibelco Australia.
This explanatory note is not to be used to a ssist in c onstruing the p lanning agreement.
Parties to the Planning Agreement
The parties to the Planning Agreement are:
1. Hilltops Council (Council).
2. Sibelco Australia (Developer).
Description of the Subject Land
The land to which the Planning Agreement relates is known as the Galong Mine, being Lot 102 DP1083781, Eubindal Road, Galong.
Why has the Planning Agreement been prepared?
The planning agreement relates to two development applications: 1. T03-025(as amen ded) origina lly approvedby Coun cil on 18 Dece mber 2003, for the expansion and continued use of anlimestone mine.
The incr eased pr oduction an d transp ortation of quarr ied pro duct from the Galong Mineas a pproved by mod ification numbe r 3 of the orig inal development con sent T03-025. T his c onsent was iss ued by Harden Sh ire Council on 15 July 201 5 and pe rmitted increased transportation of q uarried product u p to 320, 000 tonnes pe r annum whilst modify ing the r equirement for an alternate haul route. Th e increased dispatch volume would result in greater road impacts over a short time period the costs of which would not be adequately covered by th e applicable contributions plan, being Council’s Section 94 Contributions Plan – Road Works as a Result of Unpredictable
Page 2 of 5 Explanatory Note
Development which Generates Additional Heavy Vehicle Traffic Movements 2003.
This planning agreement has been entered into by both Council and Sibelco Australia to enable smooth continuation of site operations and the increased dispatch v olumes in recognition that the increased tr affic im pact ov er a shorter timeframe would not be adequately covered by the contributions plan applicable at the time of the original approval. In recognising the need for an increased road contribution to cov er greater volume of trucks and dispatch volumes an ag reement h as be en rea ched that tru ly re flects th e co st to Council to maintain the haulage routes whilst at the s ame time allowing for the impacted community to have improved facilities as a flow on effect of the economic viability of the mine.
Summary of the Objectives, Nature and effect of the Planning Agreement
The Objectives of the Planning Agreement The objective of th e plan ning agreementis to provide c onsistency in application and payment of section 94 contributionsfor heavy haulage for the development.
The Nature of the Planning Agreement The plan ning a greement is a v oluntary planning ag reement u nder s93F of the Act.
Effect of the Planning Agreement The planning agreement: • relates to t he c arrying out by th e Dev eloper of d evelopment on th e Land; • requirespayment of monetary d evelopment contributions for us e of particular roads as a result of hauling heavy product; • requires Council to apply the monetary development contribution made under the planning agreement towards the public purpose specified in the agreement; • imposes obligations on the dev eloper in r elation to the c arrying out of contribution payments; • requires the developer to pr ovide security to Council in the for m of a bond to the value of a quarterly contribution, based upon an average of the previous five years of quarterly contributions. This is to ensure that if the developer does not pay, Council has the ability to still obtain the relevant contributions. • provides a dis pute r esolution method fo r a dispute under the agreement; • provides that the plan ning agreement is governed by t he law of New South Wales; and • provides that the New Tax System (Goods and Services Tax) Act 1999 (Cth) applies to the Agreement.
Page 3 of 5 Explanatory Note
Assessment of the merits of the Planning Agreement
a) How the Planning Agreement promotes the public interest
In acc ordance with s ection 9 3F(2) of the Act, the planning a greement promotesthe pub lic interest by permitting Co uncil to en sure th e se ction 94 heavy ha ulage d evelopment cont ributions ar e app ropriately a nd sensibly levied on the development.
Public safe ty is the pinpo int of the planning agre ement as it en sures the safety of r oad users by lev ying heav y ha ulage d evelopments f or usin g particular r oads. Lev ied fund s ar e then p ut back into the ma intenance of these roads.
b) How the Planning Agreement promotes elements of the Council’s Charter
In accordance with section 8 of the Local Government Act 1993, the planning agreement promotes t he Council’s ch arter b y en suring the d elivery of th e public be nefits u nder the planning a greement. Th ose p ublic benefits represent:
• The provision, after due consultation, ade quate, equitable and appropriate services and facilities for the community and to ensure that those services and facilities are managed efficiently and effectively; • Secured fu nding f or infrastructure pr ovided to m eet the n eeds ofresidents within the locality.
c) How the Planning Agreement promotes the objects of the Act
The plann ing agr eement pro motes the ob jects of the Act by ens uring that suitable security will be provided by the developer to guarantee the delivery of the Public Benefits that will assist in achieving:
• the pr oper management, dev elopment a nd c onservation of natur al and artificial resources; and • the provision of public services.
d) The impact of the Planning Agreement on the public or any section of the public.
The p lanning a greement w ill have an effe ct on the public in t erms of improved road infrastructure on areas used by the developer. The planning agreement will pro mote equity in that the commu nity won’t hav e to pay fo r repairs cause by heavy vehicles.
Page 4 of 5 Explanatory Note
e) Whether the Planning Agreement conforms with Council’s capital works program
The planning agreement will affect Council’s capital works program as it will provide Council with fund ing to undertake mainten ance wor ks o n roa ds affected by heavy haulage.
f) The planning purpose or purposes of the Planning Agreement
The purpose of the planning agreement is to: levy heav y haulage c ontributions on t he de velopment so as to e nable smooth c ontinuation of site op erations, wit hout the need for product separation, cons istency in c ontributions paid for e ssentially th e same product, and transparency of accounting; and comply with Co ndition 87A of T0 3-025 whic h req uires t he d eveloper to enter into a planning agreement with Council.
g) Compliance of certain requirements prior to issue of construction, occupation or subdivision certificates.
There are no requirements for the developer to pay contributions prior to the issue of any Part 4A certificate as none are required to be issued for the development and the contributions are ongoing.
Page 5 of 5
HILLTOPS COUNCIL
Planning Agreement Pursuant to section 93F of the Environmental Planning and Assessment Act 1979
May 2016
160084_007.docx Voluntary Planning Agreement – Galong Limestone Mine
Contents
Schedules ...... 3 I. Details ...... 5 II. Background ...... 6 III. Operative Provisions ...... 7 1. Planning Agreement under the Act...... 7 2. Application of this Agreement ...... 7 3. Operation of this Agreement ...... 7 4. Definitions and Interpretation ...... 7 4.1 Definitions ...... 7 4.2 Interpretation ...... 9 5. Development Contributions To Be Made Under This Agreement ...... 10 5.1 Development Contributions ...... 10 5.2 Use of Development Contributions ...... 10 5.3 VPA Steering Committee ...... 10 6. Security ...... 10 6.1 Provision of Security ...... 10 6.2 Claims under Bank Guarantee ...... 11 6.3 Release of Bank Guarantee ...... 11 7. Application of s94 and s94A of the Act to the Development ...... 11 8. Registration of this Agreement ...... 11 9. Review of this Agreement ...... 11 10. Dispute Resolution ...... 12 10.1 Application of clause ...... 12 10.2 Notice of Dispute ...... 12 10.3 Response to Notice ...... 12 10.4 Negotiation ...... 12 10.5 Further Notice if not Settled ...... 12 10.6 Mediation ...... 13 10.7 Litigation...... 13 10.8 Continue to Perform Obligations ...... 14 11. Notices ...... 14 11.1 Form ...... 14 11.2 Delivery of Notices ...... 14 11.3 Contact Details ...... 14 2
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11.4 Effective Date for Notices...... 15 11.5 Change of Notification Address or Type ...... 15 12. Approvals and Consent ...... 15 13. Assignment and Dealings ...... 15 13.1 Developer Dealing with Interests ...... 15 13.2 Dealings by Council ...... 16 14. Costs ...... 16 15. Entire Agreement ...... 17 16. Further Acts ...... 17 17. Governing Law and Jurisdiction ...... 17 18. Joint and Individual Liability and Benefits ...... 17 19. No Fetter ...... 17 19.1 Discretion ...... 17 19.2 No Fetter ...... 18 20. Representations and Warranties ...... 18 21. Severability ...... 18 22. Modification ...... 19 23. Waiver ...... 19 24. GST ...... 19 24.1 Construction ...... 19 24.2 Consideration GST Exclusive ...... 19 24.3 Payment of GST ...... 19 24.4 Timing of GST ...... 20 24.5 Tax Invoice ...... 20 24.6 Adjustment Event ...... 20 24.7 Reimbursements ...... 20 25. Confidentiality ...... 20 25.1 This Planning Agreement is not Confidential ...... 20 25.2 Proceedings ...... 20
Schedules
Schedule 1 Section 93F Requirements
Schedule 2 Land
Schedule 3 Contributions and Requirements
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Schedule 4Criteria for Allocation of Funds
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Planning Agreement
I. Details
Interpretation – Definitions are at the end of the General terms
Parties Council and Developer
Council Name Hilltops Council
ABN 33984256429
Address 3 East Street, Harden
189-205 Boorowa Street, Young
6-8 Market Street, Boorowa
Fax (02) 6386 0105
Phone (02) 6386 0100
Developer Name Sibelco Australia Limited
ABN 20 000 971 844
Address Lot 3, Eubindal Road
GALONG NSW 2585
Phone (02) 8583 3122
Fax (02) 6380 5100
Contact Kevin Munday
Governing Law New South Wales
Date of Planning Agreement See Signing Page
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II. Background
On 6 th of May 2015, Si belco Australia Limited made anAp plication to Harden Shire Council to modify Development Consent T03-025 to increase the permitted dispatch volumes fro m site (the Land).
That Modification Application was accompanied by an offer bySibelco Australia Limited to enter into a Planning Agreement under which Sibelco would makedevelopment contributions towards public facilities and infrastructure.
The Council granted development consent to M odification Applicatio n on 15 July 2015. Condition 87A of the modified consent requires Sibelco to enter into a planning agreement in accordance with the terms of its offer.
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III. Operative Provisions
1. Planning Agreement under the Act
This is a planning agreement governed by Subdivision 2 of Division 6 of Part 4 of the Act.
2. Application of this Agreement
This planning agreement applies to:
The Land as described in Schedule 2; and The Development.
3. Operation of this Agreement
This planning agreement operates on and from the date specified in Part I – Details.
4. Definitions and Interpretation
4.1 Definitions
In this Agreement the following definitions apply:
Act means the Environmental Planning and Assessment Act 1979 (NSW).
Authorised Representative means in the ca se of any Party, a director, secret ary or an officer whose title contains the word ‘manager’ or a person performing the functions of any of them or any other person appointed by that Party to act as an Authorised Representative for the purpose of this Agreement.
Authority means a government, semi-government, local governme nt, statutory, public, ministerial, civil, administrative, fiscal or j udicial body or other authority or body and includes where applicable, an accredited certifier accredited under s109T of the Act.
Bank Guarantee means an irrevocable and unconditional undertaking:
a. By an Australian bank and which is an eligible financial institution for the purposes of Treasury Circular NSW TC08/ 01 dated 21 February 2008 a s amended, supplemented or substituted from time to time; and b. On terms acceptable to Council, in the Council’s absolute di scretion, to pay the face value of that undertakin g (being su ch an amount as is req uired under this planning agreement) to the Council in accordance with this Agreement.
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Business Day means a day on which banks are open for general banking business in NSW (not being a Saturday, Sunday or public holiday in that place).
Consent Authority means, in relation to this planning agreement,the Authority having the function to determine Development Applications in relation to the Land.
Contributions means the amount of Contributions payable by the Developer under, and by virtue of, Schedule 3 - Contributions and Requirements (clauses 5.1 and 5.2)
Costs includes costs, charges (including intere st charges), and expen ses, including those incurred in connection with advisers.
CPI means the Consumer Price Index All Grou ps Sydney, as publishe d by the Au stralian Bureau of Statistics.
Council means Hilltops Council, its successors and assigns.
Dealing, in relation to t he Land, means, witho ut limitation, selling , tra nsferring, a ssigning, mortgaging, charging, encumbering or otherwise dealing with the Land.
Developer means Sibelco Austra lia Limited, ABN 20 000 971 844,its su ccessors and assigns. Development means the development as approved in Development Consent T03-025as modified as at February 2016.
Development Applicationhas the same meaning as in the Act.
Development Consent has the same meaning as in the Act.
Development Contribution means a monetary contribution, the dedication of land free of cost and/or the provision of a material public benefit as specified in Schedule 3.
Future Obligations means any obligations under or by virtue of this Agreementwhich, at the time of any proposed assignment or novation c ontemplated by Clause 13.1, are required to be performed or sat isfied by the Developer at a ny time from or after t he date on which that assignment or novation takes effect.
GST has the same meaning as in the GST Law.
GST Law has the meaning given t o that term in A New T ax System (Goods and Services Tax) Act 1 999 (Cth) and any ot her Act or regulation relating to the impos ition or administration of the GST.
Land means the whole of the land comprised in the titles described in Schedule 2 - Land.
Party means a party to this agreement, including their successors and assigns.
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Regulation means the Environmental Planning and Assessment Regulation 2000.
State means the State of New South Wales.
Taxes means taxes, levies, imposts, deduction s, charges and duties (including st amp and transaction duties) excluding GST together with any relat ed interest, penalties, f ines and expenses in connection with them.
4.2 Interpretatio n
In this planning agreement, the following provisions apply:
a. Headings are inserted for convenience only and do not affect the interpretation of this Agreement b. A reference to this planning agreement includes any variation or replacement; c. The word ‘p erson’ includes a firm, a body corp orate, an un incorporated association or an aut hority and also in cludes a re ference to the person’s execu tors, administrators, su ccessors, sub stitutes (includin g, without limitation, pe rsons ta king by novation) and assigns; d. A reference in this Ag reement to dollars or $ means Australian d ollars and all amounts payable under this agreement are payable in Australian dollars e. A reference in this agree ment to any law, legislation or legislative provision includes any statutory modification, amendment or re -enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision f. A reference in this Agreement to any agree ment, deed or document is to that agreement, deed or document as amended, novated, supplemented or replaced. g. A reference to a clause, part, schedule or attachment is a reference to a clause, part, schedule or attachment of or to this Agreement h. A reference to a body, whether statutory or not which cease to exist or whose powers or function are transferred to another body is a reference to the body which replaces it or which substantially succeeds to its powers or functions; i. The schedules form part of this planning agreement; j. References to the word ‘include’ or ‘including’ are to be construed without limitation k. A reference to a Party to this agreement includes a reference to the serva nts, agents and contractors of the Party, and the Party’s successors and assigns l. Any schedules and attachments for part of this Agreement
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5. Development Contributions To Be Made Under This Agreement
5.1 Developme nt Contributions
The Developer must provide the Development Contributions to the Council at the time or times and in the manner set out in Schedule 3 of this planning agreement.
5.2 Use of Development Contributions The Council will allocate and spend the Development Contributions in accordance with the Criteria in Schedule 4 of th is planning a greement at the time or times to be determined by it in its absolute discretion.
5.3 VPA Steering Committee
a. A VPA Steering Committee will be established under s.355 of the Local Government Act 1993 to consider and recommend projects to be implemented by the Counciland funded from the Development Contributions. b. Membership of the Steering Committee will comprise: i. 1 Councillor ii. 1 Council Staff Member iii. 1 Sibelco representative iv. 2 Community Members c. In making any recommendation under 5.3(a) the Steering Committee must have regard to the criteria and projectslisted in Schedule 4. These are listed in order of priority (so that projects in Item 1 are generally to be recommended over projects in Item 2 etc). d. Any person may present a proposal for projects meeting the criteria set out in Schedule 4 for consideration by the Steering Committee e. Committee meetings will be held monthly for the first 4 months from the date this Deed takes effect. Meetings will then be held a minimum of every six months or more frequently if decided by the committee members.
6. Security
6.1 Provision of Security a. The Developer must provide the Council with a Bank Guarantee equal to the value of a quarte rly Develop ment Contribution ca lculated base d upon the approved dispatch limit of 320,00 0 tonnes pe r annum (and 80,000 pe r quarter), p rior to th e execution of this planning agreement by the Council; b. The Developer will review the Bank Guarantee every fi ve years a nd provide increase the value of th e Bank Guarant ee by any additiona l amount ne cessary to
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reflect the compounded CPI increa se to the initial amount of the Bank Guarantee calculated in accordan ce with the formula in clause 1.2 of Schedule 3 of this Agreement.
6.2 Claims under Bank Guarantee
a. The Council may call upon the Bank Guarantee (in full or in part) in the event that the Developer breaches any of the terms of th is plan ning agreement (includin g non, incomplete or late payment of a monetary contribution) and ma y retain and use such monies drawn on the Bank Guarantee in its discretion to compensate the Council for the Devel oper’s brea ch of those obligation s, including costs and expenses incurred by Council in rectifying such breach; b. The Council agrees not to make any claim on the Bank Guarantee without notifying the Developer of its intention to do soin accordance with clause11.
6.3 Return of Bank Guarantee
If the Devel oper has sa tisfied all of its obligatio ns under this planning agreement,the Council will promptly return the Bank Guaranteeto the Developer.
7. Application of s94 and s94A of the Act to the Development
Section 94 and 94A of the Act do not apply to the Develo pment. The minister has made no direction under 94EF of the Act.
8. Registration of this Agreement
This planning agreement must be registered as provided for in section 93H of the Act.
9. Review of this Agreement
a. This planning agreeme nt ma y be reviewed or modified b y the agree ment of the Parties. b. Where required by Clause 25D of the Regulation , proposed amendments to this planning agreement will be placed on public exhibition.
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10. Dispute Resolution
10.1 Application of clause
a. If a dispute between any of the Parties arises in co nnection with this plann ing agreement or its subject matter, the n the process and procedures set out below will apply. b. For clarity, late, partial or non-payment of a Develop ment Contri bution by the Developer is a brea ch of the agreement and is not to be treated as a dispute for the purpose of clauses10.2 - 10.6 (unless the Council otherwise elects to do so).
10.2 Notice of Dispute
If a Party claims that a dispute has arisen under this planning a greement (t he claimant), it must give written notice to the other Party (th e Respondent) stating the matters in dispute and designating as its repre sentative a person to n egotiation t he dispute (the Claim Notice).
10.3 Response to Notice
Within 20 Business Days of re ceiving the Claim Notice, t he Respond ent must no tify the Claimant of its representative to negotiate the dispute.
10.4 Negotiation
The nominated representatives must:
a. Meet to discuss the matter in good f aith within 10 Business Days after s ervice by the Respondent of notice of its representative; and b. Use reason able endea vours to set tle or reso lve the disput e with 15 B usiness Days after they have met.
10.5 Further Notice if not Settled
If the disp ute is not resolved within 15 Business D ays after the nominated representatives have met, either Party may give to the other a written no tice calling for determination of the dispute (the Dispute Notice).
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10.6 Mediation
The Parties agree that a dispute shall be mediated if it is the subject of a Dispute Notice, in which case:
a. The Parties must agree to the terms of reference of the me diation within 5 Business Days of the receipt of th e Dispute Notice (the terms shall include a requirement that the mediation rules of the Institut e of Arbitrators and Mediators Australia (NSW Division) apply); b. The Mediator will be agreed between the Parties, or fail ing the agreement within 5 Business D ays of receipt of the Dispute Notice, either Party may request th e President of the Inst itute of Arbitrat ors and Me diators Aust ralia (NSW Chapter) to appoint a mediator; c. The Mediator appointed pursuant to this Clause (Clause 9) must: (i) have reasonable qualifications and practical experience in the area of the dispute; and (ii) have no interest or duty which conflicts or may conflict with his function as mediator, he being r equired to f ully disclo se any such interest or duty before his appointment. d. The Mediator shall be required to undertake to keep confid ential all matters coming to his knowledge by reason of his appointment and the performance of his duties; e. The Parties must within 5 Business Days of rec eipt of the Dispute Notice notify eac h other of their representatives who will be involved in the mediation; f. The Parties agree to b e bound by a mediatio n settlement and may only initiate judicial proceedings in respect of a dispute w hich is the subject of a mediation settlement for the purpose of enforcing that mediation settlement; g. In relation to costs and expenses: (i) Each Party will bear their own profe ssional and expert costs incurred in connection with the mediation; and (ii) The costs of the Mediator will be shared equally by the Parties unless the Mediat or determin es a Party has engaged in ve xatious or unconscionable behaviour in which case the Mediator may require the full costs of the mediation to be borne by that Party.
10.7 Litigation
If the dispute is not f inally resolved in acco rdance with this Clause (Clause 10), eit her Party is at liberty to litigate the dispute.
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10.8 Continue to Perform Obligations
Each Party must continue to perf orm its obligations und er this planning agreement , notwithstanding the existence of a dispute.
11. Notices
11.1 Form
Unless expressly stated otherwise in this agreement, all notices, certificates, consents, approvals, waivers and other communications in connect ion with this agreement must be in writing signed by t he sender (if an individual) or an Aut horised Representative of the sender and marked for the attention of the person ident ified in the Details or, if the recipient has notified otherwise, then marked for attention in the way last notified.
11.2 Delivery of Notices
All notices are to be fi rst emailed to the rec eiving Party at its ema il address as provided below in sectio n 11.3, followed by a hard copy posted to the receiving Part y using the details set out below.
11.3 Contact Details
Council
Attention: General Manager, Hilltops Council
Address: Locked Bag 5 Young NSW 2594
Email: [email protected]
Developer
Attention: Kevin Munday
Address: Galong Limestone Mine
Lot 3, Eubindal Road
Galong
Email: [email protected]
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11.4 Effective Date for Notices
a. A notice given by e mail will be effe ctive unlessthe sender receives a delivery failure message from the sender’s intern et service p rovider within a period of 24 hours of the email being sent. b. All email notices take effect on the first Business Day after the day the email notice is sent unless a later time is specified in the email. c. Where a delivery failure message is received in response to an email then the notice will be taken to have been given 3 Business Days afte r the hard copy notice is posted. d. Except for t he circumstances descr ibed in (c), the provision of a hard copy notice is for record keeping only.
11.5 Change of Notification Address or Type
A Party ma y change its contact d etails spe cified in Section 11.3 by giving the othe r Party threeBusiness Days’notice of the change.
12. Approvals and Consent
The Parties acknowledge that:
a. Except as otherwise set out in this planning agr eement, and subject to any statutory obligations, a Party may give or wit hhold an approval or consent to be given under this plannin g agreeme nt in that Party’s absolute discre tion and su bject to an y conditions determined by the Party; b. AParty is n ot obliged to give its reasons for giving or with holding a consent or for giving consent subject to conditions.
13. Assignment and Dealings
13.1 Developer Dealing with Interests
a. The Developer may not sell, transfer, assign or novate or similarly deal with (Dealing) its right, tit le or interest in the Land (if any) o r its rights or obligatio ns under this planning agreement, or allow any interest in them to arise or be varied, in each case, without Council’s conse nt and unless, prior to any such sale, transfer , assignment, charge, encumbrance or novation, the Developer: i. Gives the Council no less than 10 Business Days’ notice in writing of th e proposed Dealing; and
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ii. Provides details of the proposed transferee, assignee or novate and demonstrates to Council’s reasonable sati sfaction, including by providing any further infor mation requested, that the proposed transfe ree, assign ee or novate is of good repute, of sound financial standing and is able and willing to perform the Developer’s obligations under this agreement; and iii. Procures th at the transferee, assig nee or novate executes and deliv ers to Council prior to any such Dealing taking effect, a deed in favour of Cou ncil in form and su bstance acceptable to Council (act ing reasonably) whereb y th e transferee, assignee or novate bec omes contractually bound with Cou ncil to perform all of the De veloper’s oblig ations (inclu ding obligations which may have arisen before the transfer, a ssignment or novation takes effect) and have the benefit of all the Developer’s rights under this agreement.
b. The Developer’s obligations under this planning agreement will continue unless and until the Council has granted its consent to the Dealing.
13.2 Dealings by Council
a. If another Authority takes over the function s of Council under this planning agreement, or if the Council determines that it is desirable for this to ha ppen, then Council may assign or novate or otherwise deal with its rights and obligation s under this p lanning agr eement to give effect t o this chan ge, and the Developer agrees to e nter into such docume ntation as may be necessary to confer on th e new Authority the rights and obligations of Council under this planning agreement. b. Normally any such actio n would take place by a statutory novation or delegation, however this clause applies to the extent that it is necessary. c. Without restricting Clause19 – No F etter, the Council must not otherwise assign or novate its rights and obligations under this planning agreement.
14. Costs
a. The Developer agrees to pay or reimburse the Costs of Council in connection with: i. The negotiation, preparation and execution of this planning agreement; and ii. Advertising and exhibiting this p lanning agree ment in accordance wit h the Act, within three Business Days after receipt of a tax invoice from Council. b. Both the D eveloper and the Coun cil agree th at the Cost of any cha nges to this planning agreement will paid for in full by the initiator of the change (unless otherwise
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agreed). Where both parties agree to initiate a change the each party will pay its own costs associated with that change.
15. Entire Agreement
This agreement constitutes the entire agreement of the Pa rties about its subject matter and supersedes all pr evious agreements, understanding s and nego tiations on that subject matter.
16. Further Acts
Each Party must promptly execute all documents and do al l things that another Pa rty from time to time reasonably requests to effect, p erfect or complete this Agreement and all transactions incidental to it.
17. Governing Law and Jurisdiction
This Agreement is governed by the law of New South Wales. The Parties submit to the non-exclusive jurisdiction of its cour ts and courts of appeal from them. The Parties will not object to the exercise of jurisdiction by those courts on any basis.
18. Joint and Individual Liability and Benefits
Except as otherwise set out in this planning agreement, any agreement, covenant, representation or warra nty under th is Agreement by two or more pers ons binds t hem jointly and each of them individually, and any benefit in favour of two or more persons is for the benefit of them jointly and each of them individually.
19. No Fetter
19.1 Discretion
Nothing in this planning agreement fetters:
a. The sovereignty of the Parliament of the State to make any law; b. The power of the Executive Government of the State to make any statutory rule; or c. The exercise of any sta tutory power or discretio n of any minister of the State or any Authority.
(all referred to in this planning agreement as a ‘discretion’)
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19.2 No Fetter
No provision of this planning agreement is intended to, or does, constitute any unlawful fetter on any discr etion. If, contrary to the operation of this clause, any provision of this planning agreement is held by a court of competent jurisd iction to constitute an unlawful fetter on any discretion, the Parties agree:
a. they will take all pra ctical steps, including the e xecution of any further documents, to ensure the objective of this clause is substantially satisfied; b. the relevant provision is to be severe d and the remainder of this planning agreement has full force and effect; and c. to endeavour to satisf y the common objectives of the Parties in r elation to t he provision of this plan ning agreement which is held to be an unlawful fetter to the extent that is possible having regard to the relevant court judgement.
20. Representations and Warranties
The Parties represent and warrant that they have power to enter in to this planning agreement and comply with their obligations under the planning agr eement and tha t entry into this planning agreement will not result in the breach of any law.
21. Severability
a. The Parties acknowledge that under and by virtue of sect ion 93F(4) of the Act, an y provision of this planning agreeme nt is not invalid by reason only that there is no connection between the Development and the object o f the expenditure of an y money required to be paid by that provision. b. The Parties acknowledge that under and by virt ue of section 93F(10) of the Act, any provision of this planning agreeme nt is void t o the exten t to which it requires or allows anything to be done that, when done, would breach: i. Any provision of the Act; ii. The provisions of an environmental planning instrument; or iii. A development consent applying to the relevant land. c. The Parties agree that to the ext ent permitted by law, t his plannin g agreeme nt prevails to the extent it is inconsistent with any law. d. If a clause or part of a clause of this planning a greement can be read in a way tha t makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. 18
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e. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be tre ated as removed fro m this planning agreement, but the rest of this planning agreement is not affected.
22. Modification
No modification of this planning agreement will be of any force or effe ct unless it i s in writing and signed by the Parties.
23. Waiver
a. The fact that a Party fails to do, or d elays in doing, something the Party is entit led to do under this Agreement, does not amount to a waiver of any obligation of, or breach of obligation by, another Party. b. A waiver by a Party is only effective if it is in writing. c. A written waiver by a Party is only effective in r elation to t he particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of an y other obliga tion or brea ch or as an implied waiver of that obligation o r breach in relation to any other occasion.
24. GST
24.1 Constructio n
In this clause;
a. Words and expressions which are not defined in this document, but which have a defined meaning in GST Law have the same meaning as in the GST Law; and b. GST Law h as the same meaning given to that expressio n in the A New Ta x System (Goods and Services Tax) Act 1999.
24.2 Consideration GST Exclusive
Unless expressly stated , all price s or other sums payable or consid eration to b e provided under this document are exclusive of GST.
24.3 Payment of GST
If GST is pa yable on any supply made under this document, the recipie nt will pay to the supplier an amount equal to the GST payable on the supply.
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24.4 Timing of GST
The recipient will pay the amount referred to in clause 23.3 in addition to and under the same time that the consideration for the supply is to be provided under this document.
24.5 Tax Invoice
a. The supplier must deliver a tax invoi ce or an adjustment note to the recipient before the supplier is entitled to payment of an amount under Clause 23.3. b. The recipient can withhold payment of the amount until the supplier pr ovides a tax invoice or adjustment note as appropriate.
24.6 Adjustment Event
If an adjustment event arises in respect of a ta xable supply made b y a supplier under this do cument, the a mount payable to the recipien t under Clau se 23.3 will be recalculated to reflect t he adjustment event and a payment will be made by the recipient to the supplier or by the supplier to the recipient as the case requires.
24.7 Reimbursements
Where a P arty is requ ired under t his docume nt to pay o r reimburse an expense of another Party, the amount to be paid or reimbursed by the first Party will be the sum of:
a. The amount of the e xpense or outgoing less an y input ta x credits in respect of the expense or outgoing to which the other Party, or to which the representative member for a GST group of which the other Party is a member, is entitled; and b. If the payment or reimbursement is subject to GST, an amount equal to that GST.
25. Confidentiality
25.1 This Planning Agreement is not Confidential
The Parties agree that the terms of this p lanning agreement are not confidential a nd this planning agreement may be treated as a public document and exhibited or reported without restriction by any Party.
25.2 Proceedings
The Parties must keep confidential and must not disclose or rely upon or make the subject of a subpoen a to give evidence or produce d ocuments in an arbitr al, judicial or other proceedings;
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a. Views expressed or pro posals or suggestions made by a Party or the expert during the expert determination or mediation relating to a possible settlement of the dispute; and b. Admissions or concessions made by a Part y during the expert determinations or mediation in relation to the dispute; and c. Information, documents or other material, includ ing confident ial information concerning the dispu te which are disclo sed by a Party durin g the expert determination or mediation unless such inform ation, docu ments or facts will h ave been otherwise discoverable in judicial or arbitral proceedings.
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Schedule 1 Section 93F Requirements
Subject and Subsection of the Act ThisPlanning Agreement
Planning Instrument and/or Development Application – s93F(1)
The Developer has a. sought a change to an EPI; a. No b. made, or proposes to make , a De velopment b. Yes Application; c. entered int o an agre ement with, or is ot herwise c. No associated with, a person to whom paragraph a) or b) applies.
The Land affected by this planning agreement – The Land d escribed in s93F(3)(a) Schedule 2.
The EPI of the development affected by this planning agreement – s93F(3)(b)
Describe: a. n/a a. the proposed change to the EPI to which the agreement applies; OR OR b. the development to which the agreement applies b. T03-025 as modified by consent T 03-025 MOD 3 da ted 15 July 2015 to operate a limestone mine including the extraction and processing of not more than 500,000 tonnes of limestone per year, for a period of forty (40) years and to dispatch no t more than 320,000 tonnes of crushed and processe d limestone product per annum
The scope, timing and manner of the delivery of See Schedule 3 to this contribution required by this planning agreement – planning agreement. s93F(3)(c)
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Applicability of s94, s94A and s94EF of the Act – S94, s94A and s94EF s93F(3)(d) do not ap ply to the development (See a. applies wholly to the development; clause 6 of this b. does not apply to the development; planning agreement). c. parts apply to the development
Consideration of benefits under this planning S94 does not apply to agreement if s94 applies – s93F(3)(e) the development (See clause 6 of this Are the benefits under this planning agreement to be taken planning agreement). into consideration of Section 94 of the Act applies?
Dispute Resolution – s93F(3)(f) Clause 9– Dispute Resolution provide a This planning agreement provides a mechanism for the mechanism for the resolution of disputes under the agreement resolution o f dispute s under this plannin g agreement.
Security – s93F(3)(g) See Clauses 5.3 - 6. 3 of this plannin g The developer has pr ovided suit able security for its agreement obligations under this planning a greement such as a security bond or guarantee.
No Obligation – s93F(9) See Clauses 12 and 19 of this planning The Parties acknowled ge that this planning a greement agreement. does not impose an obligation on a planning a uthority t o grant development consent or to exercise any function under this Act in relation to a change to an envi ronmental planning instrument.
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Schedule 2 Land (Clause 2)
Land means the land comprising the following folio identifiers:
Lot 102 in Deposited Plan 1083781
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Schedule 3 Development Contributions
The Developer agrees t o provide the Contributi ons and sa tisfy the relevant require ments at its cost and risk in the time and manner specified below.
1. Contribution Payments 1.1. Contribution a. The Developer must pay to Council the flat rate Contributions as follows:
Development Contribution Value Timing
Contribution Amount –
Cash contribution towa rds the Calculated quarterly and ongoing maintenance of $0.75 per tonne of product paid within six weeks fr om approved haulage rout es and dispatched from the site the end of each quarter identified public facilities and infrastructure
b. Each Contribution Amount will be an amount equal to the sum represented by “X” in the following formula: X = N x $ “N” means the number of tonnes of product, however processed, dispatched from the site. “$” means $0.75
c. Evidence of the tonnage of all material leaving the quarry and its destination is to accompany the contribu tions so that the Contributions can b e verified. Evidence may be supplied to Council as described in clause11 of this document d. Documentation is to be submitted at the end of the financial year, in the form of a statutory declaration fro m the Company Auditor detailing the tonna ge of all material removed from the site during the year and its destination.
1.2. Increaseto Contribution Amount
The amount of each Contribution must be incre ased to reflect any increase in the Final Domestic Demandof the Producer Price Index (as provi ded in the Producer Price Indexes 6427 publishe d by the Australian Bu reau of Stat istics) since the date of this planning agreement with the relevant amount being calculated as at the required date for payment.
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Schedule 4 Criteria for Allocation of Funds
1. Road Maintenance in Galong:
a. Roads impacted by Sibelco Operations (Southern and Northern Haulage Routes)including the following works: i. Ryan Street/Galong Road/Boorowa Road – Pavement Reconstruction (with smaller chips to reduce noise); ii. Hangman’s Ridge Bridge; iii. Galong railway bridge approaches – redesign for safety; iv. Solar speed indicator signs; v. Ongoing road maintenance; vi. Ryan Street/Galong Road/Boorowa Road 60km limit to intersection.
2. Public Infrastructure in Galong:
a. Public infrastructure projects which will improve Sibelco’s compliance with DA conditions. b. Other projects that are likely to have a benefit to either a significant portion of the residents of Galong or a vulnerable group within the community of Galong (such as children or residents effected by noise from Sibelco’s operations), including the following: i. Installing air conditioning in Galong Hall. ii. Constructing a footpath around Galong (in addition to the footpath described in Consent Condition 99) iii. undertaking landscaping around Galong iv. Water Reservoir augmentation to enhance firefighting capability v. Improve recreation grounds in Galong.
3. Road Maintenance in the Harden-Murrumburrah:
a. Any road on which it can be reasonably justified that Sibelco Operations have an impact; b. Roads requiring upgrade or maintenance to improve public safety; c. Roads requiring upgrade or maintenance which will result in increased development in Harden-Murrumburrah.
4. Public Infrastructure in Harden-Murrumburrah:
a. Funds will only be allocated to public infrastructure in the Harden- Murrumburrah once all other opportunities for road maintenance or public infrastructure in Galong have been exhausted b. Projectsthat are likely to have a benefit to either a significant portion of the residents at the location of the proposed infrastructure or projects which are likely to result in an increase in development in the location.
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Execution Executed as an agreement.
Signed for and on behalf of HILLTOPSCOUNCIL by:
______
Signature of Authorised Representative Signature of Witness
______
Name of Authorised Representative Name of Witness
Executed by SIBELCO AUSTRALIA LIMITED under section 127(1) of the Corporations Act 2001 (Cth) by the authority of its directors:
______
Signature of Director Signature of Director/Secretary
______
Name of Director Name of Director/Secretary
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160084_007.docx ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
16/11 – CASH AND INVESTMENTS
Reference: 1.3.4 Responsible Officer: Assistant General Manager
PURPOSE
A monthly report detailing all Council investments of the three dissolved Councils in accordance with Clause 212 of the Local Government (General) Regulation 2005.
REPORT
The Councils of Boorowa, Harden and Young were dissolved on the 12 May 2016, prior to this date each Council had provided a report at the end of April of their cash and investments. Each report is provided separately and a summary of all investments is included in this report.
Combined Investments Date Maturity Interest Institution Lodged Date Rate Value ME bank 24-Mar-16 23-Jun-16 2.85% 500,000 National Australia Bank 03-Mar-16 02-Jun-16 3.02% 700,000 Bankwest 07-Dec-15 05-May-16 3.00% 1,000,000 Bank of Qld 20-Jan-16 19-May-16 3.00% 700,000 Bank of Qld 21-Jan-16 21-Jul-16 3.10% 500,000 Bankwest 11-Feb-16 11-May-16 2.95% 500,000 National Australia Bank 15-Feb-16 15-Jul-16 3.00% 800,000 National Australia Bank 03-Mar-16 03-Aug-16 3.10% 1,047,874 AMP Bank 21-Mar-16 21-Sep-16 3.00% 500,000 AMP Bank 29-Mar-16 28-Sep-16 3.00% 500,000 Bank of Qld 22-Apr-16 21-Jul-16 3.11% 800,000 Bankwest 25-Sep-15 21-Jun-16 2.80% 500,000 Bankwest 27-Oct-15 03-May-16 2.80% 250,000 Bendigo Bank 18-Nov-15 18-May-16 2.95% 250,000 National Australia Bank 23-Nov-15 23-Aug-16 2.80% 250,000 National Australia Bank 17-Dec-15 17-Jun-16 2.95% 500,000 National Australia Bank 24-Dec-15 26-Sep-15 2.95% 250,000 National Australia Bank 24-Dec-15 24-May-16 3.00% 250,000 National Australia Bank 24-Dec-15 24-Jun-16 3.00% 250,000 National Australia Bank 15-Jan-16 15-Aug-16 3.00% 250,000 National Australia Bank 15-Jan-16 15-Sep-16 3.00% 250,000 CBA 18-Jan-16 18-Jul-16 2.75% 500,000 CBA 28-Jan-16 28-Aug-16 2.90% 500,000 Bank of Sydney 04-Feb-16 07-Jun-16 2.75% 250,000 Bankwest 16-Feb-16 15-Jul-16 2.90% 250,000 Bankwest 22-Feb-16 28-Jun-16 3.00% 250,000 112 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
Date Maturity Interest Institution Lodged Date Rate Value Bank of Sydney 23-Feb-16 22-Nov-16 3.15% 500,000 Bendigo Bank 26-Feb-16 28-Nov-16 2.95% 250,000 Newcastle PBS 29-Feb-16 30-May-16 3.00% 500,000 Bankwest 30-Mar-16 28-Jun-16 2.95% 250,000 National Australia Bank 29-Apr-16 31-Oct-16 3.05% 400,000 AMP Bank Ltd 10-Aug-15 10-May-16 2.90% 1,000,000 Bank of Queensland 9-Nov-15 9-May-16 2.92% 1,000,000 Bank of Queensland 18-Nov-15 17-May-16 2.97% 1,500,000 Bank of Queensland 20-Nov-15 18-May-16 2.97% 500,000 ME Bank 4-Dec-15 5-Jul-16 3.04% 1,000,000 ME Bank 21-Dec-15 18-Aug-16 3.07% 1,000,000 National Australia Bank 7-Jan-16 7-Jul-16 3.12% 1,400,000 National Australia Bank 2-Feb-16 2-May-16 3.03% 1,000,000 Mystate 2-Feb-16 5-Jul-16 3.05% 1,000,000 National Australia Bank 4-Feb-16 6-Jun-16 3.02% 1,500,000 Bank of Queensland 4-Feb-16 3-Aug-16 3.07% 1,250,000 National Australia Bank 9-Feb-16 9-Jun-16 3.02% 500,000 National Australia Bank 29-Feb-16 29-Jun-16 3.04% 1,000,000 National Australia Bank 29-Feb-16 29-Jun-16 3.04% 500,000 National Australia Bank 3-Mar-16 3-Jun-16 3.09% 700,000 National Australia Bank 3-Mar-16 2-Aug-16 3.10% 1,250,000 National Australia Bank 14-Mar-16 14-Jun-16 3.10% 500,000 National Australia Bank 14-Mar-16 12-Sep-16 3.12% 500,000 St George Bank 22-Mar-16 22-Sep-16 3.13% 1,000,000 St George Bank 24-Mar-16 24-Oct-16 3.13% 800,000 Bank and Cash Managed Fund Bendigo Bank Ongoing 137,666 NSW Treasury Corp Ongoing 356,261 NAB Premium Ongoing 376,525 IMB at Call Ongoing 5,000 Commonwealth on call Ongoing 81,908
Total Cash and Investments 34,055,233
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24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden The year to date interest earned (including accruals to 30/4/2016) totalling $929,383 is 90% of the annual 2015/16 budget of $1,033,539.
A combined Cash book balance at the end of April was $242,031.30
STATUTORY PROVISIONS
Council investments comply fully with section 625 of the Local Government Act (NSW) 1993, Local Government (General) Regulation 2005 paragraph 212 and Council’s draft Investment Policy.
Certified by Judy Jordan, Responsible Accounting Officer, 17 May 2016.
POLICY IMPLICATIONS
The Investment Policy was adopted by Boorowa Council on 24 August 2015, Harden Council on 17 February and Young Council on 17 July 2013
FINANCIAL IMPLICATIONS
Interest earned to date
ATTACHMENTS
Investment reports as at 30 April 2016 – Boorowa Council Investment reports as at 30 April 2016 – Harden Shire Council Investment reports as at 30 April 2016 – Young Shire Council
RECOMMENDATION
That the Statement of cash and investments as at 30 April 2016 be received.
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COMMENTARY
In accordance with Clause 212 of the Local Government (General) Regulation 2005, the following table det ails Counc il's investment s as at 30 April, 2016 respectively:
Invest. Institution Amount Term Rate Maturity ID Invested (days) Date
254 NAB Premium $376,524.93 At Call 2.50% Call 530 Bankwest $500,000.00 270 2.80% 21/06/2016 533 Bankwest $250,000.00 189 2.80% 3/05/2016 535 Bendigo Bank $250,000.00 182 2.95% 18/05/2016 537 NAB $250,000.00 274 2.80% 23/08/2016 539 NAB $500,000.00 183 2.95% 17/06/2016 540 NAB $250,000.00 280 2.95% 26/09/2016 541 NAB $250,000.00 152 3.00% 24/05/2016 542 NAB $250,000.00 183 3.00% 24/06/2016 543 NAB $250,000.00 213 3.00% 15/08/2016 544 NAB $250,000.00 244 3.00% 15/09/2016 545 CBA $500,000.00 182 2.75% 18/07/2016 546 CBA $500,000.00 213 2.90% 28/08/2016 Bank of 547 Sydney $250,000.00 124 2.75% 7/06/2016 548 Bankwest $250,000.00 150 2.90% 15/07/2016 549 Bankwest $250,000.00 127 3.00% 28/06/2016 Bank of 550 Sydney $500,000.00 273 3.15% 22/11/2016 551 Bendigo Bank $250,000.00 276 2.95% 28/11/2016 Newcastle 552 PBS $500,000.00 91 3.00% 30/05/2016 553 Bankwest $250,000.00 90 2.95% 28/06/2016 554 NAB $400,000.00 185 3.05% 31/10/2016
Total Invested $7,026,524.93 + NAB Bank A/c $5,000.00 TOTAL CASH $7,031,524.93
RESTRICTIONS OVER INVESTMENTS
The following restrictions apply over the above investments at 30 April, 2016:
Internal Restrictions
Fund/Reserve Balance 1/7/2015 Transfers Net Closing Balance 30/4/2016 General Fund Plant Reserve 502,434.57 341,858.45 844,293.02 ELE 439,600.00 0.00 439,600.00 Corporate Support 79,161.39 (61,029.00) 18,132.39 Housing/Community 16, 142.18 (8,142.18) 8,000.00 Public Ord & Safety 50,000.00 0.00 50,000.00 Com Services 10,000.00 0.00 10,000.00 Health 25,000.00 0.00 25,000.00 Rec & Culture 170,154.34 (45,400.44) 124,753.90 Economic Affairs 132,000.00 (6,290.00) 125,710.00 Roads & Other TPT 0.00 3,373.87 3,373.87 Stormwater 10,000.00 (10,000.00) 0.00 Depot Improvement 17,525.59 (17,525.59) 0.00 Residential Subd 0.00 0.00 0.00 Industrial 0.00 0.00 0.00 Development Town Improvement 0.00 0.00 0.00 Total 1,452,018.07 196,845.11 1,648,863.18
Plant Movements Up To 30/4/2016 Cash Only:
Plant Income $1,324,478.15 Plant Expenditure $951,563.87 Plant Operating Result $372,914.28
Capital Income (Sales) $52,539.09 Capital Expenditure Acquisitions $83,594.92 Capital Movement ($31,055.83)
Plant Transfer To/(From) Internal Reserve $341,858.45
External Restrictions
Fund/Reserve Balance 1/7/2015 Transfers Net Closing Balance 30/4/2016 General Fund Loans General 68,800.00 68,800.00 Fund Developer Cont. 512,653.02 37,828.26 550,481.28 S94 Specific Purpose 57,727.89 (20,140.49) 37,587.40 Grants Other 59,555.61 (6,056.17) 53,499.44 Contributions Water Loans Water Fund 0.00 0.00 0.00 Water Supplies 2,673,189.56 300,642.01 2,372,547.55 Sewer Loans Sewer 29,710.00 (29,710.00) 0.00 Fund Sewerage 905,072.91 (49,309.38) 855,763.53 Services DWM Waste 0.00 0.00 Management Regional Waste Regional Waste 1,493,020.93 208,371.45 1,701,392.38 Group Regional Fire 0.00 93,118.24 93,118.24 Zone Total 5,799,729.92 534,743.92 6,334,473.84
Balance of Cash and Investments 7,031,524.93 Less Internal Restrictions 1,648,863.18 Less External Restrictions 6,334,473.84 Balance of Unrestricted funds (951,812.09)
As at 30 April, 2016 the cash position of the Counc il was in a deficit position when com pared to the Internal and Exter nal Restric tions by ($951,812.09 ). This is a c ash position only and can va ry signific antly from month to month according to cash flow.
As previously advised, Council’s major capital works pr ograms continue to be undertaken which impact on the cash reserves held by Council. Where the capital wor ks are funded from an exte rnal source, like Roads and Maritime Services (RMS), the reimbursement to Council is historically r eceived 4- 6 weeks after the lodgment of the c laim. These cash movements impact on the funds available to cover Council’s restrictions.
Significant expenditure that has been paid by Council but not reimbursed by the relevant external authority as at 30 April 2016 includes:
Project Expenditure by Payments made Balance Owing Council to Council by as at 30/4/2016 Authority NSWRFS 143,517.72 120,247.30 23,270.42 Roads to 480,534.50 313,838.33 166,696.17 Recovery RMS Ordered 307,530.29 0.00 307,530.29 Works Fixing Country 252,690.40 136,999.10 115,691.30 Roads Total 1,184,272.91 571,084.73 613,188.18
In addition to the above, Counc il has expended $179,134.00 in projects that are to be funded from loan funds that have not been draw down at this stage. Added to t his the next installment of the F inancial As sistance G rant totalin g $270,841.00 and the final rate installment of the 2015/2 016 rating year is due in May which is expected to cover the cash depletion as a result of the capital works program.
It is hereby certified that the abov e inv estments have been secured i n accordance with:
Local Government Act 1993, Local Government [general] Regulation 2005; Investment Order – gazette 11th February, 2011; and Harden Shire Council’s Investment Policy adopted 11/2/2009.
COUNCIL OF THE SHIRE OF YOUNG
FINANCE - PERFORMANCE REVIEW
30th April 2016
CASH BOOK RECONCILIATION:
Balance as per Cash Book as at 1/4/2016 382,677.45 Add: Receipts for April, 2016 1,173,743.62 Add: Investments Redeemed for April, 2016 233, 462 1,700,000.00 3,256,421.07 Less: Payments for April, 2016 ( 2,722,055.46 ) Less: Investments Placed for April, 2016 233 ( 430,000.00 ) Balance as per Cash Book as at 30/04/2016 $ 104,365.61
General Fund ( 1,347,767.21 ) Water Supplies Local Fund 660,395.95 Sewerage Services Local Fund 837,454.13 South-West Regional Library Fund ( 98,369.51 ) Trust Fund 52,652.25 Balance as per Cash Book as at 30/04/2016 $ 104,365.61 COUNCIL OF THE SHIRE OF YOUNG
FINANCE - PERFORMANCE REVIEW
30th April 2016
INVESTMENT DETAILS:
2014/2015 2014/2015 2014/2015 2015/2016 2015/2016 2015/2016
INVESTMENT IMPAIRMENT RESIDUAL INVESTMENT IMPAIRMENT RESIDUAL TOTAL COST VALUE TOTAL COST VALUE General Fund:
External Restrictions: - Contributions - Section 94 92,217.00 92 ,217.00 98,213.00 98 ,213.00 Unexpended Loan Funds - - 863,877.00 863 ,877.00 Unexpended Grant Funds & Subsidies 504,140.26 504 ,140.26 123,851.81 123 ,851.81 596,357.26 596 ,357.26 1,085,941.81 1 ,085,941.81
Internal Restrictions: - Communications Tower - - - - Employees' Leave Entitlements 1,655,000.00 1 ,655,000.00 1,700,000.00 1 ,700,000.00 Other Waste Management Services 512,373.84 512 ,373.84 647,601.66 647 ,601.66 Plant & Equipment 250,000.00 250 ,000.00 250,000.00 250 ,000.00 Quarries & Gravel Pits 265,000.00 265 ,000.00 265,000.00 265 ,000.00 Roadworks Network - Infra-Structure 1,239,029.00 1 ,239,029.00 1,921,260.00 1 ,921,260.00 Special Projects 80,000.00 80 ,000.00 17,615.00 17 ,615.00 Public Library 10,131.00 10 ,131.00 10,131.00 10 ,131.00 Preschools & Child Care 34,768.00 34 ,768.00 34,768.00 34 ,768.00 Urban Street Lighting - - - - Infrastructure Renewal 1,305,514.00 1 ,305,514.00 1,364,758.00 1 ,364,758.00 Buildings & Improvements 524,900.00 524 ,900.00 524,900.00 524 ,900.00 Southern Phone - - 82,275.20 82 ,275.20 Shares 2 .00 2.00 2 .00 2.00 General Fund - Working Funds ( 3,923,786.15 ) 3,425.00 ( 3,927,211.15 ) 1,874,954.49 1,874,954.49 1,952,931.69 3,425.00 1 ,949,506.69 8,693,265.35 - 8 ,693,265.35
Water Supplies Local Fund:
Contributions - Section 64 294,043.84 294 ,043.84 334,830.56 334 ,830.56 Augmentation & Infra-Structure Network 3,948,167.01 33,975.00 3 ,914,192.01 4,313,953.44 4 ,313,953.44 4,242,210.85 33,975.00 4 ,208,235.85 4,648,784.00 - 4 ,648,784.00
Sewerage Services Local Fund:
Contributions - Section 64 - - - Augmentation & Infra-Structure Network 9,600,180.63 9 ,600,180.63 3,550,000.00 3 ,550,000.00 Unexpended Loan Funds - - - - 9,600,180.63 - 9 ,600,180.63 3,550,000.00 3 ,550,000.00
Trust Fund:
Contributions 300,409.17 300 ,409.17 331,825.96 331 ,825.96 Maintenance Bonds - Subdivision & Development 412,707.83 412 ,707.83 477,092.56 477 ,092.56 713,117.00 713 ,117.00 808,918.52 808 ,918.52
South-West Regional Library Fund:
Employees' Leave Entitlements 37,966.00 37 ,966.00 37,966.00 37 ,966.00 South West Regional Library - Working Funds 120,000.00 120 ,000.00 162,034.00 162 ,034.00 157,966.00 157 ,966.00 200,000.00 200 ,000.00
17,262,763.43 37,400.00 17,225,363.43 18,986,909.68 - 18,986,909.68 COUNCIL OF THE SHIRE OF YOUNG
FINANCE - PERFORMANCE REVIEW
30th April 2016
INVESTMENT INTEREST:
Interest on Investments as at 01/04/2016 $ 317,018.75 Add: Interest for April, 2016 $ 10,451.42 Interest on Investments as at 30/04/2016 $ 327,470.17
DIVIDENDS RECEIVED:
Dividends Received as at 01/4/2016 $ 47,075.35 Add: Dividends for April, 2016 $ - Dividends as at 30/04/2016 $ 47,075.35
MAYORAL DISCRETIONARY FUND:
EXPENDITURE FOR 2015 / 2016
Adopted 2015/2016 Budget Allocation $ 3,084.00 23/02/2016 Emily Bridge -$ 500.00 11/03/2016 Emily Bridge -$ 65.36 $ - $ 2,518.64
MASTERCARD REPORT:
DEBIT CREDIT PERSONAL BALANCE PAYMENTS USE
Mastercard Statement Opening Balance as at 01/04/2016
G. Armstrong
24/03/2016 Renewal of domain name: young.nsw.gov.au $ 47 .85 $ - $ - $ 47.85 31/03/2016 Advertising - Local Events - Facebook $ 240 .03 $ - $ - $ 240.03 1/04/2016 Accomodation D Aber - LG Professionals Conference $ 700 .20 $ - $ - $ 700.20 1/04/2016 Registration D Aber - LG Professionls Conference $ 490 .00 $ - $ - $ 490.00
TOTAL $ 1 ,478.08 $ - $ - $ 1 ,478.08
J. Ottey
$ - $ - $ - $ -
TOTAL $ - $ - $ - $ -
Clr B. Ingram
$ - $ - $ - $ -
TOTAL $ - $ - $ - $ -
Mastercard Statement Closing Balance as at 30/04/2016 $ 1,478.08 $ - $ - $ 1,478.08 COUNCIL OF THE SHIRE OF YOUNG
FINANCE - PERFORMANCE REVIEW
30th April 2016
INVESTMENT SCHEDULE
Interest Initial South West Inception Interest Rate Interest Paid Investment Residual General Total Water Total Sewerage Redemption Date Payments Coupon Impairment Regional Trust Fund Reg D a te Last Paid since 1/7/15 Total Value Fund Supplies Services No Paid Rate Library
Oncall Accounts & Term Deposits
149 01-Apr-16 30-Apr-16 Monthly 2.0000% $ 82 .83 2.5000% IMB - On Call 5,000.00 5,000.00 5,000.00 233 01-Apr-16 30-Apr-16 Monthly 2.0000%$ 8,072.19 2.5000% Commonwealth Bank - On Call 81,907.68 81,907.68 81,907.68 446 10-Aug-15 10-May-16 Bi-Annually 2.9000% AMP Bank Ltd 1,000,000.00 1,000,000.00 1,000,000.00 455 09-Nov-15 09-May-16 Bi-Annually 2.9200% Bank of Queensland 1,000,000.00 1,000,000.00 1,000,000.00 457 18-Nov-15 17-May-16 Bi-Annually 2.9700% Bank of Queensland 1,500,000.00 1,500,000.00 1,500,000.00 459 20-Nov-15 18-May-16 Bi-Annually 2.9700% Bank of Queensland 500,000.00 500,000.00 500,000.00 461 04-Dec-15 05-Jul-16 Bi-Annually 3.0400% ME Bank 1,000,000.00 1,000,000.00 691,081.48 308,918.52 463 21-Dec-15 18-Aug-16 Bi-Annually 3.0700% ME Bank 1,000,000.00 1,000,000.00 101,216.00 500,000.00 348,784.00 50,000.00 464 07-Jan-16 07-Jul-16 Bi-Annually 3.1200% National Australia Bank 1,400,000.00 1,400,000.00 200,000.00 1,200,000.00 465 02-Feb-16 02-May-16 Bi-Annually 3.0300% National Australia Bank 1,000,000.00 1,000,000.00 1,000,000.00 466 02-Feb-16 05-Jul-16 Bi-Annually 3.0500% Mystate 1,000,000.00 1,000,000.00 500,000.00 500,000.00 467 04-Feb-16 06-Jun-16 Bi-Annually 3.0200% National Australia Bank 1,500,000.00 1,500,000.00 1,300,000.00 200,000.00 468 04-Feb-16 03-Aug-16 Bi-Annually 3.0700% Bank of Queensland 1,250,000.00 1,250,000.00 1,250,000.00 469 09-Feb-16 09-Jun-16 Bi-Annually 3.0200% National Australia Bank 500,000.00 500,000.00 500,000.00 470 29-Feb-16 29-Jun-16 Bi-Annually 3.0400% National Australia Bank 1,000,000.00 1,000,000.00 1,000,000.00 471 29-Feb-16 29-Jun-16 Bi-Annually 3.0400% National Australia Bank 500,000.00 500,000.00 500,000.00 472 03-Mar-16 03-Jun-16 Bi-Annually 3.0900% National Australia Bank 700,000.00 700,000.00 700,000.00 473 03-Mar-16 02-Aug-16 Bi-Annually 3.1000% National Australia Bank 1,250,000.00 1,250,000.00 250,000.00 1,000,000.00 474 14-Mar-16 14-Jun-16 Bi-Annually 3.1000% National Australia Bank 500,000.00 500,000.00 500,000.00 475 14-Mar-16 12-Sep-16 Bi-Annually 3.1200% National Australia Bank 500,000.00 500,000.00 100,000.00 400,000.00 476 22-Mar-16 22-Sep-16 Bi-Annually 3.1300% St George Bank 1,000,000.00 1,000,000.00 1,000,000.00 477 24-Mar-16 24-Oct-16 Bi-Annually 3.1300% St George Bank 800,000.00 800,000.00 800,000.00 $ 63 ,245.49 AMP Bank Ltd $ 25 ,578.08 Bankwest $ 1 37,583.61 National Australia Bank $ 604.11 ING Bank $ 29 ,044.54 Bank of Queensland $ 6 ,939.73 Peoples Choice Credit Union $ 3 ,136.44 Police Credit Union $ 38 ,087.26 ME Bank $ 1 5,095.89 Mystate
TOTAL 18,986,907.68 18,986,907.68 0.00 9,779,205.16 200,000.00 808,918.52 4,648,784.00 3,550,000.00
Shares
413 Shares Southern Phone Company 2.00 2.00 2.00
$ 327 ,470.17 18,986,909.68 18,986,909.68 0.00 9,779,207.16 200,000.00 808,918.52 4,648,784.00 3,550,000.00
I hereby certify that the investments shown on the above schedule have been made in accordance with the provisions of the Local Government Act 1993, the Regulations and Council's Investment Policies. COUNCIL OF THE SHIRE OF YOUNG
FINANCE - PERFORMANCE REVIEW
30th April 2016
LOAN SCHEDULE
Maturity Loan LoanDate Taken Out Purpose of Loan Lender Date of Payment Loan Interest Loan Principal Total Payment Principal Outstanding Date Percentage
1 13/06/2000 13/06/2017 Consolidation of Debts National Australia Bank 8.03% $ 2,122,230.42 1 13/06/2000 13/06/2017 Consolidation of Debts National Australia Bank 8.03% 13/09/2013 $ 42,603.78 $ 113,791.63 $ 156,395.41 $ 2,008,438.79 1 13/06/2000 13/06/2017 Consolidation of Debts National Australia Bank 8.03% 13/12/2013 $ 40,319.41 $ 116,076.00 $ 156,395.41 $ 1,892,362.79 1 13/06/2000 13/06/2017 Consolidation of Debts National Australia Bank 8.03% 1/03/2014 $ 37,989.18 $ 118,406.23 $ 156,395.41 $ 1,773,956.56 1 13/06/2000 13/06/2017 Consolidation of Debts National Australia Bank 8.03% 11/06/2014 $ 35,612.17 $ 120,783.23 $ 156,395.40 $ 1,653,173.33 1 13/06/2000 13/06/2017 Consolidation of Debts National Australia Bank 8.03% 11/09/2014 $ 33,187.45 $ 123,207.95 $ 156,395.40 $ 1,529,965.38 1 13/06/2000 13/06/2017 Consolidation of Debts National Australia Bank 8.03% 13/12/2014 $ 30,714.05 $ 125,681.36 $ 156,395.41 $ 1,404,284.02 1 13/06/2000 13/06/2017 Consolidation of Debts National Australia Bank 8.03% 10/03/2015 $ 28,191.00 $ 128,204.41 $ 156,395.41 $ 1,276,079.61 1 13/06/2000 13/06/2017 Consolidation of Debts National Australia Bank 8.03% 10/06/2015 $ 25,617.29 $ 130,778.12 $ 156,395.41 $ 1,145,301.49 1 13/06/2000 13/06/2017 Consolidation of Debts National Australia Bank 8.03% 13/09/2015 $ 22,991.93 $ 133,403.48 $ 156,395.41 $ 1,011,898.01 1 13/06/2000 13/06/2017 Consolidation of Debts National Australia Bank 8.03% 13/12/2015 $ 20,313.85 $ 136,081.56 $ 156,395.41 $ 875,816.45 1 13/06/2000 13/06/2017 Consolidation of Debts National Australia Bank 8.03% 10/03/2016 $ 17,582.01 $ 138,813.40 $ 156,395.41 $ 737,003.05
TOTAL YTD $ 335,122.12 $ 1,385,227.37 $ 1,720,349.49
Maturity Loan LoanDate Taken Out Purpose of Loan Lender Date of Payment Loan Interest Loan Principal Total Payment Principal Outstanding Date Percentage
2 25/06/2011 7/07/2020 Admin Office / Town Hall National Australia Bank 7.48 % $ 2,250,000.00 2 25/06/2011 7/07/2020 Admin Office / Town Hall National Australia Bank 7.48 % 7/07/13 $ 84,150.00 $ 150,000.00 $ 234,150.00 $ 2,100,000.00 2 25/06/2011 7/07/2020 Admin Office / Town Hall National Australia Bank 7.48 % 7/02/14 $ 78,755.18 $ 150,000.00 $ 228,755.18 $ 1,950,000.00 2 25/06/2011 7/07/2020 Admin Office / Town Hall National Australia Bank 7.48 % 1/07/14 $ 72,330.58 $ 150,000.00 $ 222,330.58 $ 1,800,000.00 2 25/06/2011 7/07/2020 Admin Office / Town Hall National Australia Bank 7.48 % 1/01/15 $ 67,873.32 $ 150,000.00 $ 217,873.32 $ 1,650,000.00 2 25/06/2011 7/07/2020 Admin Office / Town Hall National Australia Bank 7.48 % 8/07/15 $ 61,202.79 $ 150,000.00 $ 211,202.79 $ 1,500,000.00 2 25/06/2011 7/07/2020 Admin Office / Town Hall National Australia Bank 7.48 % 11/01/16 $ 56,561.10 $ 150,000.00 $ 206,561.10 $ 1,350,000.00
TOTAL YTD $ 420,872.97 $ 900,000.00 $ 1,114,311.87 COUNCIL OF THE SHIRE OF YOUNG
FINANCE - PERFORMANCE REVIEW
30th April 2016
LOAN SCHEDULE
Maturity Date * Subject to Date of LoanDate Taken Out Purpose of Loan Lender Loan Percentage Loan Interest Loan Principal Total Payment Principal Outstanding 2 years Renewal Payment
4 4/03/2013 4/03/2018 Y STP/Conveyance/Reuse Commonwealth Bank 4.90 % $ 4,200,000.00 4 4/03/2013 4/03/2018 Y STP/Conveyance/Reuse Commonwealth Bank 4.90 % 12/08/13 $ 53 ,000.55 $ 53,000.55 $ 5,000,000.00 4 4/03/2013 4/03/2018 Y STP/Conveyance/Reuse Commonwealth Bank 4.90 % 4/12/13 $ 76 ,520.55 $ 17,624.50 $ 94,145.05 $ 4,982,375.50 4 4/03/2013 4/03/2018 Y STP/Conveyance/Reuse Commonwealth Bank 4.90 % 4/03/14 $ 60 ,198.02 $ 33,947.03 $ 94,145.05 $ 4,948,428.47 4 4/03/2013 4/03/2018 Y STP/Conveyance/Reuse Commonwealth Bank 4.90 % 4/06/14 $ 61 ,116.48 $ 33,028.56 $ 94,145.04 $ 4,915,399.91 4 4/03/2013 4/03/2018 Y STP/Conveyance/Reuse Commonwealth Bank 4.90 % 4/09/14 $ 60 ,708.56 $ 33,436.49 $ 94,145.05 $ 4,881,963.42 4 4/03/2013 4/03/2018 Y STP/Conveyance/Reuse Commonwealth Bank 4.90 % 4/12/14 $ 59 ,640.21 $ 34,504.84 $ 94,145.05 $ 4,847,458.58 4 4/03/2013 4/03/2018 Y STP/Conveyance/Reuse Commonwealth Bank 4.90 % 4/03/15 $ 58 ,567.92 $ 35,577.12 $ 94,145.04 $ 4,811,881.46 4 4/03/2013 4/03/2018 Y STP/Conveyance/Reuse Commonwealth Bank 4.90 % 4/06/15 $ 59 ,430.03 $ 34,715.01 $ 94,145.04 $ 4,777,166.45 4 4/03/2013 4/03/2018 Y STP/Conveyance/Reuse Commonwealth Bank 4.90 % 4/09/15 $ 59 ,001.28 $ 35,143.77 $ 94,145.05 $ 4,742,022.68 4 4/03/2013 4/03/2018 Y STP/Conveyance/Reuse Commonwealth Bank 4.90 % 4/12/15 $ 57 ,930.63 $ 36,214.42 $ 94,145.05 $ 4,705,808.26 4 4/03/2013 4/03/2018 Y STP/Conveyance/Reuse Commonwealth Bank 4.90 % 4/03/16 $ 57 ,488.22 $ 36,656.83 $ 94,145.05 $ 4,669,151.43
TOTAL YTD 663,602.45 330,848.57 994,451.02
Maturity Date * Subject to Date of LoanDate Taken Out Purpose of Loan Lender Loan Percentage Loan Interest Loan Principal Total Payment Principal Outstanding 10 years Renewal Payment
5 4/03/2013 4/03/2023 Y STP/Conveyance/Reuse Commonwealth Bank 5.97 % $ 5,000,000.00 5 4/03/2013 4/03/2023 Y STP/Conveyance/Reuse Commonwealth Bank 5.97 % 4/09/13 $ 75 ,238.36 75,238.36 $ 5,000,000.00 5 4/03/2013 4/03/2023 Y STP/Conveyance/Reuse Commonwealth Bank 5.97 % 4/12/13 $ 74 ,420.55 $ 24,362.97 98,783.52 $ 4,975,637.03 5 4/03/2013 4/03/2023 Y STP/Conveyance/Reuse Commonwealth Bank 5.97 % 4/03/14 $ 73 ,244.10 $ 25,539.41 98,783.51 $ 4,950,097.62 5 4/03/2013 4/03/2023 Y STP/Conveyance/Reuse Commonwealth Bank 5.97 % 4/06/14 $ 74 ,487.44 $ 24,296.07 98,783.51 $ 4,925,801.55 5 4/03/2013 4/03/2023 Y STP/Conveyance/Reuse Commonwealth Bank 5.97 % 4/09/14 $ 74 ,121.84 $ 24,661.67 98,783.51 $ 4,901,139.88 5 4/03/2013 4/03/2023 Y STP/Conveyance/Reuse Commonwealth Bank 5.97 % 4/12/14 $ 72 ,949.10 $ 25,834.41 98,783.51 $ 4,875,305.47 5 4/03/2013 4/03/2023 Y STP/Conveyance/Reuse Commonwealth Bank 5.97 % 4/03/15 $ 71 ,767.17 $ 27,016.35 98,783.52 $ 4,848,289.12 5 4/03/2013 4/03/2023 Y STP/Conveyance/Reuse Commonwealth Bank 5.97 % 4/06/15 $ 72 ,955.46 $ 25,828.05 98,783.51 $ 4,822,461.07 5 4/03/2013 4/03/2023 Y STP/Conveyance/Reuse Commonwealth Bank 5.97 % 4/09/15 $ 72 ,566.81 $ 26,216.70 98,783.51 $ 4,796,244.37 5 4/03/2013 4/03/2023 Y STP/Conveyance/Reuse Commonwealth Bank 5.97 % 4/12/15 $ 71 ,387.83 $ 27,395.69 98,783.52 $ 4,768,848.68 5 4/03/2013 4/03/2023 Y STP/Conveyance/Reuse Commonwealth Bank 5.97 % 4/03/16 $ 70 ,980.07 $ 27,803.45 98,783.52 $ 4,741,045.23
TOTAL YTD 804,118.73 258,954.77 1,063,073.50 COUNCIL OF THE SHIRE OF YOUNG
FINANCE - PERFORMANCE REVIEW
30th April 2016
LOAN SCHEDULE
Maturity Date Subject to Date of LoanDate Taken Out Purpose of Loan Lender Loan Percentage Loan Interest Loan Principal Total Payment Principal Outstanding 06/11/2024 Renewal Payment
6 6/02/2015 6/11/2024 N Sports Ground Upgrades - LIRS National Australia Bank 3.70% $ - $ - $ - $ 1,200,000.00 6 6/02/2015 6/11/2024 N Sports Ground Upgrades - LIRS National Australia Bank 3.70% 6/05/2015 $ 10 ,826.30 $ 25,205.27 $ 36,031.57 $ 1,174,794.73 6 6/02/2015 6/11/2024 N Sports Ground Upgrades - LIRS National Australia Bank 3.70% 6/08/2015 $ 10 ,956.17 $ 25,075.41 $ 36,031.58 $ 1,149,719.32 6 6/02/2015 6/11/2024 N Sports Ground Upgrades - LIRS National Australia Bank 3.70% 6/11/2015 $ 10 ,722.31 $ 25,309.26 $ 36,031.57 $ 1,124,410.06 6 6/02/2015 6/11/2024 N Sports Ground Upgrades - LIRS National Australia Bank 3.70% 8/02/2016 $ 10 ,714.24 $ 25,317.33 $ 36,031.57 $ 1,099,092.73
TOTAL YTD $ 43 ,219.02 $ 100,907.27 $ 144,126.29 COUNCIL OF THE SHIRE OF YOUNG
FINANCE - PERFORMANCE REVIEW
30th April 2016
LOAN SCHEDULE
Maturity Date Subject to Date of LoanDate Taken Out Purpose of Loan Lender Loan Percentage Loan Interest Loan Principal Total Payment Principal Outstanding 07/08/2025 Renewal Payment
7 7/08/2015 7/08/2025 N Urban Roads Renewal - LIRS ANZ Bank 3.97% $ - $ - $ - $ 2,400,000.00 7 7/08/2015 7/08/2025 N Urban Roads Renewal - LIRS ANZ Bank 3.97% 7/11/2015 $ 23 ,820.00 $ 49,169.39 $ 72,989.39 $ 2,350,830.61 7 7/08/2015 7/08/2025 N Urban Roads Renewal - LIRS ANZ Bank 3.97% 7/02/2016 $ 23 ,331.99 $ 49,657.39 $ 72,989.38 $ 2,301,173.22
TOTAL YTD $ 47 ,151.99 $ 98,826.78 $ 145,978.77 ITEM B RATES AND CHARGES OUTSTANDING
Prepared by: Rates Officer File Number: 108.12
The current position regarding rates collected as at 30th April 2016 was as follows:-
Rates & Charges Interest Total Gross Arrears 1/7/2015 432,133.35 102,083.56 534,216.91 ADD Net Levy 12,398,564.78 7,029.79 12,405,594.57 12,830,698.13 109,113.35 12,939,811.48 Less Payments 10,547,186.94 -127.36 10,547,059.58 Balance Outstanding $ 2,283,511.19 $ 109,240.71 $ 2,392,751.90
Postponed Balances $ 5,962.95 $ 1,976.76 $ 7,939.71
Collection Performance Comparison
2014/2015 Rate Year - Percentage of Rates and Charges collected as at 30/04/2015: 80.75% 2015/2016 Rate Year- Percentage of Rates and Charges collected as at 30/04/2016: 82.25%
Recommendation That the Rates and Charges Outstanding report be received and noted. ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
16/12 – QUARTERLY BUDGET REVIEW – MARCH 2016
Reference: Financial Management Responsible Officer: Corporate Services
PURPOSE
This report presents to Council the March 2016 Budget Review together with revised estimates of income and expenditure projected to 30 June 2016 in accordance with clause 203 of the Local Government (General) Regulation 2005.
REPORT
In June 2015 Council adopted the Original Budget for the 2015/2016 financial year with a consolidated operating surplus to 30 June 2016 of $839,059 and a consolidated surplus after non cash and reserve movements of $6,773.
The March 2016 budget review has been projected to 30 June 2016 based on actual income and expenditure to 31 March 2016.
Councillors are aware Council is under significant financial restrictions due to the pending amalgamations. Staff are trying to ensure that no additional funds are being requested wherever possible.
The March Budget Review shows a Consolidated Operating Surplus to 30 June 2016 of $762,341 and a consolidated surplus after non cash, capital and reserve movements of $6,541. There has been a net movement of $253,000 moved from Capital Acquisition into operational costs as these are of a maintenance nature or operational matters and not capital and hence has had an impact on these movements in the consolidated operating result for the 3 months.
The March Budget Review reflects a net decrease in the consolidated operating result by $462,412 for the three months and after non cash, capital and reserve movements of a decrease of $507.
Explanation of Significant changes from the Original Budget Estimates
Set out in the following table is an explanation of all significant changes to the actual income and expenditure as at 31 March, 2016 when compared to the original budget adopted by Council in June 2015.
The table sets out an explanation for all significant variations over $10,000.00. In addition the table has included significant capital variations under the above threshold to highlight the sources of funds or reserve movements for particular projects. 115 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Description Previous March Explanation Estimate Review Income Town Planning $50,000 $69,890 Continuing increased level of Certificates activity. This increased revenue has been used to increase estimate cost for legal costs in Town Planning to cover expected increased cost in the future. Tipping Fees $80,000 $100,000 Recognition of internal costs and increased fees. Cemetery Fees $50,100 $60,150 Fees similar to previous year not reducing.
Building Control Fees $30,000 $49,800 Similar activity level to Planning certificates. This increased revenue has been used to increase estimate cost for legal costs in Town Planning. Fixing Country Roads $362,790 $337,790 This is due to the first $25,000 of the project to be Council’s share. This is being covered by using the Block Grant. Caravan Park Fees $65,000 $75,000 Increased revenue to date and projected to year end.
Water Fund $492,000 $479,000 Over Estimation of Annual Charges Residential annual in Original Budget. Charges Expenditure Corporate staffing $930,912 $845,912 Reduced cost due to Staffing levels used to fund Professional Services. Professional services $126,700 $209,604 Increased costs due to support staff as above. Works Depot $177,395 $196,436 Telephone & internet costs Expenses including IPAD costs from Capital expenditure. Town Planning Costs $91,828 $131,748 The estimated legal costs have been increased due to expected cost arising from future actions anticipated. Works staff leave $784,285 $806,785 The cost for Long service leave has entitlements increased due mainly to staff taking leave and has been funded by a reduction in costs in Parks & 116 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden Gardens and Rural Roads Unsealed where these staff normally work. Contribution to Rural $168,395 $191,685 The original estimate was set in Fire Services Levy June 2015 prior to formal notification from RFS, which was not received until late November. Swimming Pool $240,268 $324,625 These cost increases relate to a Operational costs number of factors: Season was extended by 2 weeks The effect of the Wet deck on the volume of water and extra chemicals required Extra staffing levels due to use of juniors 2 blown pumps in Jugiong Additional replacement of roller doors and bike station These over expenditures have been funded by the reduction in capital programs for:
Pit Hoist $50,000 Sign Area Skillion $15,400 Harden Pool Shade Shelter $20,000. Parks & Gardens $192,508 $179,704 $15,000 of this was transferred to fund Long Service Leave increases for works staff. Gravel Pit Restoration $33,600 $10,310 These funds were no longer required and used to fund the increased cost of Rural Fire Services Levy. Urban Roads $160,650 $188,804 These additional costs relate primarily to tree lopping in Jugiong and are being funded from Rural Roads unsealed. Rural Roads Unsealed $487,701 $467,181 The reduction in these costs have been used to fund works in the Urban Roads above. Regional Roads $247,998 $266,560 This increase is due to works for Maintenance heavy patching being transferred from Capital Works. Community Officer $144,522 $196,855 This increase reflects the budget for the Gas Feasibility study funded from capital works CBD Toilet
117 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden project transfer. Water Mains $125,775 $150,775 This increase is the Telemetry maintenance transferred from capital works list. Sewerage Treatment $210,574 $244,031 Raw Water cost now shown in Sewer. South Western $29,585 $56,981 Increased costs on trailers Regional Waste Management Group Vehicle expenses
Capital Works Deferred Pit Hoist $50,000 $0 Used to fund over expenditure in pool operations Sign Area Skillion $15,400 $0 Used to fund over expenditure in pool operations Harden Pool Shade $20,000 $0 Used to fund over expenditure in Shelter pool operations
Depreciation costs have now been updated with the actuals relating to the 30/06/15 used as expenses throughout the cost centres for 2015/16. These estimates of cost for Depreciation will change in relation to new assets recognized and any revaluation impacts from the prior year process at the end of 2015/16.
STATUTORY PROVISIONS
There is no expectation of legal consequence arising from this report.
RELATIONSHIP TO INTEGRATED PLANS
Former Harden Council - Operational Plan
This report has implications for the Revenue Policy section of the 2015-16 Operational & Delivery Plan specifically for the Adopted Budget set out on page 96 of the Plan. This report updates budget estimates to the 30 June 2016.
POLICY IMPLICATIONS
There are no policy implications arising from this report.
118 ORDINARY MEETING AGENDA
24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden
FINANCIAL IMPLICATIONS
The major budgetary impacts resulting from this review are listed in the commentary of the report.
RECOMMENDATION
It is recommended that Council;
1. Council receives and notes the Budget Review for the period ended 31 March 2016 projected to 30 June 2016; 2. Council adopts the variations to the adopted budget as set out in the March 2016 Budget Review including Reserve Movements; and 3. Council receives and notes the Responsible Accounting Officer's Statement.
119
BUDGET REVIEW SUMMAR~ARCH 2016
Description 2015/16 2016 General Water Sewer OWM RWG SWRFZ Adopted MAR MAR Estimates YTD Review
OPERATING ACCOUNT Governance (233,511) (167,293) (241 ,-022) (241,022) Administration 2,955,299 1,799,795 2,82-0,533 2,820,533 Public Order & Safety (292,734) (160,515) (331,421) (331,421) Health Services (135,909) (146,335) (120,329) (120,329) Community Ser~ices & Educai ion (39,m ) (3.3,773) (46 ,664) (46,664) Housing & Community Amenities (642,247) (324,180) (624,54-0) (624,540) Recreation & Culture (1,114,816) (1,059,540) (1 ,251 ,042) (1,251,042) Mining, Manufacturing & Construction (121,920) S0,727 (51,541) (51,541 ) Transport & Communications (779,726) (1,440,658) {496,100) (496,100) Ee-0nomic Affairs (17,645) (204,961\) (113,587) (113 . ~-87) Water Supply 8,538 731,181 (30,1 57j (30,157i Sewerage Services 51 ,'100 226.912 (23,606) (23,606) Domestic Waste Management (DWM) 157 87,248 5,013 5,013 Regional Waste Group (RWG) 226,245 '199,206 198,254 198,254 South West Rural Fire Zone (SWRFZ) 0 (39,526) 0 () Grants & Contributions for Capital Purposes 1,034,790 186984 1.068 549 1,008 549
Operating Result 897,844 290,735 762,341 612,837 (30,157) (23,606) 5,013 198,254 0 (as per Income Statement)
Add Expenses Hot Involving Flow of Funds Depreciation 3,517,259 3,642,513 3,642,513 2.~9.3.9() 364,HO 248,393 13,09-4 117,500 0 Increase in Pro,-is ions
Add Non-Operating Funds Employed Carrying Amount ol Assets Sold 43,530 83,017 126,029 126,029 0 Loan Funds Used 5€6,030 0 566,000 566,000 0 0 0 0 0 Repayments t>y Deferred Oebtors 26,:DJ 0 26,333 26,333 0 0 0 0 () Tfrs from lntern&lly RIAS.sets 3-64,912 670,098 .. 670,098 67(),098 0 0 () 0 0 Tfrs from Externally RfAssets 453,SOO S33,101 533,1() 1 192,711 200,S&l 139,726 0 0 ()
Less Funds Oeployed for Non-Operating Purposes Acquisition of Assets 4,599,71() 1,253,143 S,049,245 4,33(),583 533MO 185,662 0 0 0 Capttallsa\ion Roads&. Transpon 0 RepsymenlofLo~ns 170.000 0 129,373 105,340 0 0 0 24,032 0 Tfrs to Internally Restricted Assets 388,092 U40.862 497,539 479.432 0 0 18,107 0 () Tfrs lo Externally Restricted A ssei s 663,313 643,716 643,716 171,500 1,637 178.851 0 291.728 () Consolidated Result after Non cash and Reserve Movements 6,7731 1,400,2731 6,541 1 6,5421 ol ol {0) 1 ol ol
Engineering & Works Support 35 Engineering & Supervision 629,793 629,793 567, 143 365,051 587,143 0 36 Other Overhead Expenses 4B,182 4B,182 4B,182 2B,B4 45,670 2,512 37 Other Engineering Expenses 32,843 3B,343 32,843 30,4B1 36,215 -3,372 3B Computer 1 costs 7,437 10,437 7,437 4,B23 5)502 1,935 39 Works Depo Expenses 177,395 199,265 177,395 175,26~ 19B,B50 -21 ,455 40 Less: D1stribut1on to Governance 0 0 0 0 0 0 41 Less: D1stribut1on across Functions (806,719) (800,719) (806,7 19) (64,684) (806,719) 0 42 Deprec1at1on 32,652 32,652 32,652 39,500 32,652 0
Environmental Services Support 43 Environmental Staffing 149,203 151,715 149,203 110,377 149,203 0 44 Other Overhead Expenses 3B,600 3B,600 3B,600 22,073 3B,600 0 45 State of the Environment Repon1ng 7,500 7,500 7,500 0 7,500 0 46 Climate Change Strat~1es 0 0 0 0 0 47 Other Environmental Expenses 17,840 33,840 17,840 9,5J 17,B40 0 4B Town Planning 91,828 91,828 91,828 29,7~ 131,74B -39,920 49 Bu1ld1ng Control 99,3B3 99,3B3 99,3B3 6B,991 99,393 -10 50 Less: D1stribut1on to Governance (274,961) (274,961) (274,961) 0 (274,961) 0 51 Less: D1stribut1on across Functions 0 0 0 0 0 0
Works Staff Employment Overheads 52 Employee Leave Entitlements NEI 785,645 784,285 784,285 612,92~ B06,7B5 -22,500 53 Other Overheads 108,626 90,626 108,626 64,21 0\ 109,091 -465 54 Less: On-Costs Charged (924,680) (924,680) (924,680) (586,475) (924,680) 0
Plant Running Expenses 55 Plant Running Expenses 1,113,671 1,115,286 1,113,671 695,BOO 1,112,BB3 7BB 56 PlantOthem 64,904 71,578 64,904 59,674 64 ,904 0 57 Deprec1at1on - Plant & Equipment 555,9BB 555,9BB 555,9BB 54B,B63 54B,B63 7,125
TOTAL EXPENDITURE 3,251,0101 3,401,3451 3,279,2711 3,62B,363I 3,37B,673I (99,402)1
Plant No ACQUISITION O:F ASSEJS MAR 2014115 2015/16 201512016 Ledger No work Order 2,016 Mar YTD Canry overs Estimates Review
Plant Purchases 83,595 0 110,000 108,595 Vehicles & Major Plant 42.445 0 40,000 42445 640 Ho'.den Caprice - GM 0 I 635 vw Passat - JCS 642 Toyota Hllux crew cab - DTS 637 Holden Calais - DES 0 636 Toyota Hllux crew cab - Asse ~ anagement 641 Toyota Hilux utility- Heaith & Bu ilding 63B Toyota Aurion EDO 643 vw Pas sat - Act GM 7 540. 706.555 42.445 40.000 42,445 639 Holden Colorado - Works Manager
Light Vehicle Fleet I 0 0 0 0 339 Toyota hilux town ute 341 lsuw D max ute water 342 Toyota hilux parks 343 D Max overseer 344 Toyota H1lux - water 345 D max 4 x 2 d ·single cab - Water 346 Toyota f-t' ux - Water 347 Toyota hllu ~ single cab 348 Ford Ranger G Howe 350 TOYOTA LANDCRUISER WOR\1tlATE W/SHOP 351 TOYOTA HILUX W/SHOP/DEPOT 352 COLORADO - Overseer 353 COLORADO PLANT 406 TOYOTA LIGHT TRUCK 416 Isuzu Crewcab light truck
Town Improvements 156,278 0 767,000 638,389 Harden Town Improvement s.tage 1 Station and Neill (east section ) Streets Harden Town Improvement Stare 2 Rounclal:Jout Station and Albury 1 Harden Town Improvement stage 3 East Street 1 Harden Town improvement stage 4 Neill Street (West) 1 Harden Town Improvement stage 46 Neill Street West and East Gardens Loan 234712346 51,389 50.000 51389 3 Harden Improvement additional Parking street scape Neill St (Loan 50k + Cont 347f<) 397.000 397000
Whitton St K&G 2 ~3 65 Harden Streetscape Tree Planting Albury Street (Short to Stair Street) Loan 2345 102,398 130,000 130000 3 Harden improvement stage 6 ARTC land development stage 1 2 Murrumburrah CBD toilet block ( New Loan F unds) 2822 2,426 190,000 60000 HiSto·ry mtJseum Toilet Block
StormWater 0 0 75000 75000 1 Bowling Club Drainage (completed) 1 Whitter. Lane Open Drain completed 1 48150 Swift SI C1Jmplete.:l 2 GIS mapping( deferred) 2 Network Analys5 2 Jug 1ong St - Kerb Wo rK.s Street kerb 1 61 Swdl SLTeet kerbing duplication 30,000 30000 2 Alilury Street - caravan park/swimming pool 2 Albury Street Redbank to Bundarbo pipe recanstructi:in 1 Bathurst Street (Albury St) upgrade w orks staged 45,000 iOOOO Clarke Street Lane, Between Derby and 'Ward inlerallotment drainage Swift to Bin along Street. bewteen Lu~n & Stair Streets inierallotmenl 3 Woolrych Street - Swift lo Binalong 3 Woolrych Street - Binalong to A lbury Street 3 lr~Woolrych - Stage 1 3 lris-Woolrych - Stage 2 3 lris.-Woolrych - Stage 3 3 lris-Woolrych - Stage 4 Neill Street Slormw ater Pipe Upgrade 1$35.786. 35000
Cemeteries 7149 8142 S5000 SS,142 Harden Lal'ln Cemetery - Lar.dscape Pla n 2 Harden Lal'ln Cemetery- Lar.dsc.eping improvements Deferred) 1 Galor.o Cemetery mainlen!nce vole S,000 0 Jugiong Cemetery. Pro!e.stant portion 40,000 40000
Chinese Cemetery 1.turrumbLrrah Improvements 7~30.730. 2309 7, 149 8,142 10,000 18142
Office Fumi1ure & Equip 0 - o 35000 27_r;oo 1 Upgrade Computer Servers & Desktop Ccmp~ters 20,00-0 20000 Council Chambers - Replace Carpel tPADS- Works sta II Te om leaders part of Communication bills in operations 15,000 7500 Economic Affairs 28374 105000 16000 123.942 Harden Caravan Park - E.xpansion into Pool Area Fencing 2 Community loud Speaker 1 Harden Caravan park business plan( not in Budget) 1 Harden Carsvan Park - Cabin Replacement 2926 6,290 85,000 35000 2 Hard-en Carsvan Park - camp krtchen Harden Caravan Park internal Road extension and electrical 1 Harden van park re paint interior laundarylgenWladies 1764Jl72 3, 142 6,000 0 1 Truckwash irrigation system 1 Truckwash Fencing 8170.700. 2•11 18,942 10,000 18942 2 Saleyards - Reh~bil~ation 20,000 20000
CARRYING AMOUiNT OF ASSETS SOLD 83.017 0 43,530 126,0291 Car Fleet 83,017 0 28,500 83,017 640 Holden Caprice - GM 640 49,036 0 49036 635 VW Passat 635 33,981 28,500 33981 642 Toyota Hilux crew cab 623 637 Holden Calais 637 0 636 Toyota Hilux crew cab 622 0 641 Toyota Hllux utility 625 0 638 Toyota Aurion EDO 638 0 639 Holden Colorado - Works Manager 639 0 Light Vehicle Fleet 0 0 0 27.982 339 Tbyota hillJx town ute 339 341 Isuzu D max ute water 34• 342 Toyota hilux parks 342 343 D Max overseer 343 344 Toyota Hilux. Miles water 344 345 D max 4 x 2 d sinqte cab d bodel water 345 346 Toyota Hilux D BodeU water 346 347 Toyota hllux sinqle cab 347 348 Ford Ra nqer G Howe 348 350 Toyota Landcruiser Workmate 351 Toyota Hilux W/ShopiDepot 352 COLARADO OVERSEER 27982 353 Colorado Plant 406 Dyna Liqht Truck 416 Isuzu Crewcab liqht truck 416 418 Isuzu Single 405 Tonne (sign Truck)
Harden Shire Council
Income & Expenses Budget Review Statement
Budget review for the quarter ended 31 March 2016 Income & Expenses· Council Consolldated Original A~2roved Changes Revised Variations llotes Proj~1ed (SOOO's) Budget Other than Sep Dec Budget for this Year End 2015/16 by a QBRS OBRS QBRS 2015/16 Mar Qtr Result Income , , Rates and Annual Ch3r9es 4.164 (11} 15 4.168 (13) 4.155 User Charges and Fees 3.475 , 5 10 3,490 70 3.560 ln1eresl and ln11es1men1 Revenues 309 31 340 (3) 337 Other Revenues 1.908 , 32 1,940 (27) 1.913 Grants & Contributions · Opera11n9 6.477 , 326 (91) 6.712 (15) 6.697 Grams & Contributions· Capnal 1.035 (7) 50 1,078 (10) 1.068 M~t gain from disposal of assets 1 (1) Share of lnlerests in Joint Ventures Total Income from Conrinuing Operations 17,369 376 {17} 17,728 2 17,730
Expenses Employee Costs 4.386 {21) 4.365 (61) 4.304 Borrowing Costs 70 (13) 57 (4) 53 Ma1erials & Conlracls 7.201 12 (70) 7.143 343 7.486 Deprec13t1on 3.S17 3.517 125 3,642 Legal Costs Consultan1s Other Expenses . 354 38 1.392 61 1.453 ln1eres1 & Investment Losses Net Loss from disposal of assels 29 29 29 Share of interes1s in Joint Ven1ures Total Expenses from Continuing Operations 1&,528 12 f37) 16,SO.l 464 1&,96i I
Ne:t Operating Result from Continuing Operations 841 364 20 1,225 763
Oisconlinued Operations 1"211
Net Operating Result from All Operations B41 3&4 20 1,225 1462~ 1 763
Nel Operating Reaun before Capillll Items (194} 371 {30} 147 (452) (JOSI The Tol&l Income fre>m C:e>nlinu 111g OperatiDn~ hu. bten reducea l>y lhe intero&l r&te-i; &ncl IS ne>t 1ncl~~ec1 &~ Expen~~ H per 1he NSW local G:;ver11ment Cc.de of ! }'CC£Unti~~acti~e a~d fi~.!!£i~~orti~L------J
~Budget review for the quarter ended 31 March 2016 ,Capital Budget - Council Consolidated I Original Approved Changes Revised Variations IJotes Projec1ed I 1($000's) Budget Other than Sep Dec Budget for this Year End I 2015116 by a QBRS QBRS QBRS 2015/16 Mar Qtr Result !Capital Expenditure 1New Assets I· Plant & Equipment I· Land & Buildings 8 15 23 23 I- Rec & Culture 5 15 20 20 I. Town Improvement 767 767 (129) 636 I 1· Water Assets 180 180 180 •Renewal Assets (Replacement) Plant & Equipment 110 (1) 109 109 Office Equip ,. 35 35 (B) 27 Land & Buildings ,. 99 4 (33) 214 ,. {96) 118 Other Structures ( Housing & Co!nunily) GO 60 60 Cemeteries 55 8 63 (5) 58 Storm Water Drainage ,, 75 75 75 Roads. Bridges. Footpaths 2,288 308 17 2,613 " (51) 2562 Recreation and Culture 417 28 8 s d59 " 57 516 Economic Affairs 16 105 9 130 (6) 124 Water Assets 378 378 (25) 353 Sewer Assets 115 46 15 176 10 186 1Loan Repayments (Principal) 170 (40} 130 130 llotal Capital Expenditure 4,no 285 383 (6) 5,432 (253) 5,179 I !capital Funding ,. !Rates & Other Untied Funding ,. 886 29 1 (29) 886 ,. (20) 866 !Capital Grants & Contributions 1,880 308 38 2.226 ,. (66) 2.160 IReseives: ,, I· Exlemal Resnicticns/ReseNes ,, 898 46 944 (49) 895 1· Internal Restrictions!ReseNes 495 285 (15) 765 (65) 700 INew Loans 566 566 (53) 513 IRece1pts fro m Sale of Assets I . 1- Plant & Eql.J1pmem 45 .:IS !Total Capital Funding 4.no 285 183 (6) 5,432 (253) 5,179 I INet Capital Funding !!tie ~~~2!~'!.8J>!81 Fun !Harden Shire Council Quarterly Budget Review Statement I for the period 01'01 /16 to 31/03/1 6 Cash & Investments Budget Re ew Statement Budget review for the quarter end 31 March 2016 Cash & Investments - Council C solidated roved Chan es Revised Variations riotes Projected O's) Sep Dec J3udget for this Year End QBRS QBRS 2015/16 Mar Qtr Result Externally Restricted (I) 0 0 Detailed. 1 r.aservesAttached 5, 157 641 5}98 I 5,79:S 78 Total Externally Restricted 5,157 641 5,798 5,798 6,378 (1) Fun 2 Internally IRestrkted t ) 0 Detailed ReservesAttached 1,015 285 1,30 0 1,300 1,337 Total Internally !Restricted 1,015 285 • 00 1,337 (2) Fu nds that Council has earmari Unrestrkte,d (ie. available after the above Restricti ons) 346 3'24 59 72 9 729 -,~~6-,5-1_8_,__ ~-1-,2-50~~~~-5-9~~~----1 [3~f--~7-,82~7~'..--~~~ Total Cash & Investments 7,8271 7,715 I ______J I ORDINARY MEETING AGENDA 24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden 16/13 – DEVELOPMENT APPLICATIONS STATISTICS Reference: 15.1.1 Responsible Officer: General Manager PURPOSE This report is a monthly report presented to Council for information only. It reports on the status of development applications (DAs) determined and outstanding as at 30th of April 2016. REPORT The Councils of Boorowa, Harden and Young were dissolved on the 12 May 2016, prior to this date each Council had provided a report at the end of April of their development application statistics. Each report is provided separately and a summary of all development applications statistics is included in this report. The DA statistics outlines the status and processing times of development applications between 1 April to 30 April 2016. Complying development certificates are reported for information only and are not included in the processing figures as these have a 10 day timeframe as prescribed by legislation. There were no complying development certificates lodged and approved in November. Gross Average Processing Time: 87.09 days Net Average Processing Time: 22 days Median Processing Time: 11.00 days The Development Application figures indicate that for the month of April, 31 new applications were submitted, fifty nine applications were outstanding and 26 applications were determined under delegated authority. It should be noted these figures are a monthly average, and aren’t a true indication of DA timeframes. However, they are a good indication of how staff are progressing. STATUTORY PROVISIONS Council is required to provide development application data to the Department of Planning and Infrastructure by 31 August each year. The data identifies all development applications and modifications determined by Council and all complying development certificates and ancillary certificates (such as occupation, construction and subdivision certificates) issued by Council. This data provided for information, helps in compiling the data to send to the Department of Planning and Infrastructure. 120 ORDINARY MEETING AGENDA 24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden CONSULTATION No consultation has been undertaken as part of the completion of this report DISCUSSION OF KEY ISSUES In this report, Councillors are looking for timeframes of 40 days or less. Whilst a DA has a deemed refusal period of 40 days, this does not mean it has to be determined within 40 days. CONCLUSION This report is for information only and has given a brief overview of the legislative parameters regarding DA timeframes and the Environmental Planning and Assessment Act 1979. ATTACHMENTS 1. Development Statistics Report Boorowa 2. Development Statistics Report Harden 3. Development Statistics Report Young RECOMMENDATION It is recommended Council receive and note the status and processing times for development applications, as at 30 April 2016. 121 Attachment - DA Timeframes Processing time Referred to Date Status of Date (Days incl. DA Number Applicant Site Address Works External Lodged Determined weekend & Public Determination Agency Holidays) Awaiting 331 Days (230 CPC Taylors Flat Rd, Subdivision – six into four DA 012-2015 4/06/2015 external referral awaiting further Development Taylors Flat lots response information) Awaiting 274 Days(272 days Boorowa Market Street, Commercial, DA 022-2015 31/7/2015 additional awaiting further Council Boorowa Community Building Information information) Awaiting 227 Days (204 days 108-116 Farm Street, additional awaiting further DA 30-2015 16/09/2015 J & J Beath Boorowa New Dwelling & Shed information information) Modification to Internal referrals DA 004-2010 108-116 Farm Street, approved 1 to 14 lot being 89 Days Mod 1 1/2/2016 J Beath Boorowa subdivision undertaken Awaiting 87 Days(72 Days 21 Market Street, additional awaiting further DA 005-2016 3/2/2016 TSD Surveying Boorowa Subdivision into 3 lots information information Approved under 17 New Street, Transportable dwelling Delegated 15 April 2016 42 Days DA 008-2016 18/2/2016 K Stewart Boorowa and garage Authority Approved under R McLaughlin & Delegated 8 April 2016 37 Days DA 009-2016 23/2/2016 S Dooley 36 Dry Street Shed Authority Approved under 558 Little Plains Delegated 8 April 2016 42 Days DA 011-2016 26/2/2016 ARL Consulting Road, Rye Park New Dwelling Authority Awaiting Lot 9 Tarrants Gap additional 20 Days DA 012-2016 11/3/2016 D Monaghan Road, Wyangala Shed with Amenities information Processing time Referred to Date Status of Date (Days incl. DA Number Applicant Site Address Works External Lodged Determined weekend & Public Determination Agency Holidays) Internal referrals DA 032-2012 15 Pudman St, being 50 Days Mod 1 11/3/2016 P Barton Boorowa Carport undertaken Approved under DA 006-2012 3073 Frogmore Rd, Delegated 29 April 2016 42 Days Mod a 18/3/2016 J Baker Frogmore Subdivision Authority Awaiting 31 Day (19 Days S Rose and C 1842 Rye park Rd, Conversion and additional awaiting further DA 013-2016 30/3/2016 Coble Boorowa Extension garage information information Rejected - 45 Campbell St, Insufficient 7 April 2016 9 Days DA 015-2016 29/3/2016 M Parris Boorowa Garage Information Awaiting 17 Day (16 Days 40 Pudman Street, additional awaiting further DA 014/2016 13/4/2016 E Nash Boorowa Storage Shed information information 18 Days (8 Days 14 Farm Street, Alterations and Additions On Notification awaiting further DA 016/2016 12/4/2016 D Jordan Boorowa to dwellings till 2/5/2016 information CPC Land Subdivision and On Notification 16 Days DA 017/2016 14/4/2016 Consultants 28 Dry St, Boorowa construct new dwelling till 2/5/2016 84-92 Market St, New Dwelling and On Notification 1 Day DA 019/2016 29/4/2016 W & M Kelly Boorowa Storage Shed till 19/5/2016 Former Harden Shire Council – Development Application Statistics – April 2016 Number Number Status of Applicant Applicant [Days incl. weekend & weekend Referred to Referred Application Application Site Address Site Address Date Applied Applied Date Development Development Determination Building Work Processing time Processing Public Holidays] External Agency Agency External Date Determined Determined Date Lot 687 DP753624 Clock stopped 899 T2013/058 M Dujik Dwelling 29/10/2013 6 Saleyards Rd days Harden Lot 4 DP650390 Clock stopped 693 RMS – 27 days T2014/025 R Muirhead 365 Albury St Commercial Additions 27/05/2014 9 days reply received Murrumburrah Lot: 19 DP: Clock stopped 276 T2015/035 B Doble 1096283 Iris St Garage 13/07/2015 16 days Harden Lot: 205 DP: Clock stopped 276 T2015/040 D Tyrrell 1183518 171 Shed 27/07/2015 4 days Swift St Harden Lot 2 DP1080535 Export Asia Clock stopped 206 2015/059 Neill St Commercial Building 22/09/2015 15 Group Pty Ltd days Murrumburrah Lot 5 Sec 18 DP758547 Clock stopped 150 2015/070 P Lesberg Manufactured Home 20/11/2015 10 Stapylton St days Jugiong Lot A DP362214 2 Advertising Jacksons RMS – 132 2015/077 25 East St Structures on Burley To be determined 10/12/2015 112 Bakery days Harden Griffin Way Former Harden Shire Council – Development Application Statistics – April 2016 Number Number Status of Applicant Applicant [Days incl. weekend & weekend Referred to Referred Application Application Site Address Site Address Date Applied Applied Date Development Development Determination Building Work Processing time Processing Public Holidays] External Agency Agency External Date Determined Determined Date RMS 52 days EPA 56 days DPI: Land 12 days Lot 1 & 2 Blantyre Farms Clock stopped 13 Water 37 days 2015/078 DP623790 Eulie Piggery 11/12/2015 128 Pty Ltd days Ag 42 days Rd Harden OEH 55 days RFS 49 days Replies received To be determined by Carnbrae Pty Lot 77 DP753590 2016/002 Dwelling Council (clock 18/01/2016 89 Ltd Eulie Rd Harden stopped 13 days) Lot 347 DP753632 Race Clock Stopped 40 2016/007 Inerson Pty Ltd Subdivision 09/02/2016 40 Creek Rd days Wombat Lot 247 Clock stopped 61 2016/012 N Barber DP753621 Hume Dwelling 17/02/2016 12 days Highway Jugiong Lot 6 Sec 25 2016/019 NSW RFS DP758737 Albury Additions to Shed Approved 04/03/2016 21/04/20 16 48 St Harden Former Harden Shire Council – Development Application Statistics – April 2016 Number Number Status of Applicant Applicant [Days incl. weekend & weekend Referred to Referred Application Application Site Address Site Address Date Applied Applied Date Development Development Determination Building Work Processing time Processing Public Holidays] External Agency Agency External Date Determined Determined Date Part Lot A DP421389 Temporary Use of 2016/021 A Graham Approved 08/03/2016 13/04/20 16 36 Coppabella Rd Land Galong Lot 1 DP995403 Harden Shire Alterations to 2016/023 Albury St Approved by Council 16/03/2016 21/04/2016 36 Council commercial building Murrumburrah Lot 4 DP718551 2016/024 B McKay 42 Smith St Shed Approved 30/03/2016 14/04/20 16 15 Harden Lot 3 DP731124 CPC Land 2016/025 51 Bobbara St 2 Lot Subdivision To be determined 07/04/2016 23 Development Harden Lot 2 DP786298 2016/026 M Houston Main Rd 379 Additions to dwelling To be determined 26/04/2016 4 Harden COMPLYING DEVELOPMENT CERTIFICATES NIL DEVELOPMENT APPLICATION PROCESSING TIMES FOR DAs DETERMINED DURING APRIL 2016 Status of Date Date STC Referral Processing Application No. Applicant Prope rty Develo pment type determination received determined days days times * 2015/CD-00008 Spectrum 14 Matilda Modification: Changes to alfresco REV01 Building Place, Young area and front entry Approved 20/04/20 16 27/04/2016 0 0 7 2015/DA-00110 Richens 9 Lachlan Modification: Minor changes to REV01 Building Close, Young BASIX Certificate Approved 12/04/2016 14/04/2016 0 0 2 Modification: Remove staging of development and not build proposed extension, reconfigure 2015/DA-00154 12 Wombat existing dwelling, and delete REV01 B Tredinnick Street, Young BASIX conditions Approved 5/04/2016 19/04/2016 0 0 14 Andys 2015/DA-00177 Design and 10 Lachlan Change rear roof addition from REV01 Drafting Street, Young skillion structure to pitched roof Approved 16/03/2016 5/04/2016 2 0 17 Multiple residential development - 31 & 33 four (4) x three (3) bedroom 2015/DA-00222 A D Tanner William Street, dwellings, single storey, brick (Part 1) Construction Young veneer, attached double garages Approved 17/11/20 15 6/04/2016 113 0 26 Andrew 58 Wombat Shed - residential 2015/DA-00005 Fitzpatrick Street, Young storage/workshop, colorbond Approved 13/01/20 16 27/04/2016 102 0 2 1 Little Street, Bendick Use of Land - Utilise existing 2016/DA-00018 G Boucher Murrell church building as an Art Gallery Approved 4/02/2016 26/04/2016 58 0 24 Commercial - New shed at rear of 169 Lovell existing shed, colorbond with 2016/DA-00029 K Simmons Street, Young zincalume roof Approved 22/02/2016 5/04/2016 7 0 36 Shed - residential storage, colorbond; and demolish existing Scott 27 Nasmyth shed upon completion of new 2016/DA-00034 Spackman Street, Young shed Approve d 2/03/2016 7/04/2016 30 0 5 Michelle & Dwelling (new) - four (4) Hayley 15 Settlers bedrooms, single storey, brick 2016/DA-00038 Manchester Place, Young veneer, attached double garage Approved 9/03/201 6 1/04/2016 19 0 3 Dual Occupancy (detached) - single storey, brick veneer, four (4) bedroom dwelling with attached double garage, and single storey, brick veneer, two (2) bedroom dwelling with Accurate 5 Molloy attached single garage; and strata 2016/DA-00039 Design Place, Young subdivision into 2 lots. Approved 9/03/2016 5/04/2016 15 0 11 112 Milly Milly Dwelling (alterations and Lane, additions) - living area, bedroom, 2016/DA-00041 Paul Muller Burrangong ensuite Approve d 14/03/2016 18/04/2016 27 0 7 16 Murringo Dwelling (new) - Use of Property M & M Gap Road, for Installation of Manufactured 2016/DA-00047 Robertson Murringo Home Approve d 24/03/2016 14/04/2016 7 0 13 Dwelling (alterations/additions) - Andy's kitchen, bathroom, laundry and Design & 54 Murringo dining area; and Shed - 2016/DA-00049 Drafting Street, Young residential storage, colorbond Approved 31/03/20 16 15/04/2016 0 0 15 27 Saines Estate Road, Shed - residential storage, 2016/DA-00050 P Bailey Young colorbond Approve d 1/04/2016 28/04/2016 15 0 12 376 Olympic Dwelling (alterations/additions) - Highway bedroom, deck, double garage 2016/DA-00052 R Chmait North, Young attached to dwelling Approved 6/04/2016 14/04/2016 0 0 8 D J & T L Dwelling (new) - four (4) bedroom, Mellross Pty 19 Jordan single storey, brick veneer, 2016/DA-00055 Ltd Place, Young attached double garage Approved 20/04/2016 28/04/2016 0 0 8 Number of applications: 15 Average processing time: 13.4 days Median processing time 12 days * Processing time is gross time (including weekends), less "stop the clock" and referral days STATUS OF UNDETERMINED DEVELOPMENT APPLICATIONS AS AT 30th APRIL 2016 Days Date since STC Referral Application No. Applicant Prope rty Develo pment type received lodged days Days Status Dwelling (new) - four (4) bedroom, single storey, Ruxley Bay # 3 15 Molloy Place, brick veneer with attached double garage; and Awaiting additional 2016/CD-00001 Pty Ltd Young Shed - residential storage, colorbond 9/03/2016 52 52 0 information from Applicant 9 Nuthall Awaiting additional 2016/CD-00002 S Mellross Crescent, Young Shed - residential storage, colorbond 29/04/2016 1 0 0 information from Applicant 6 Fontenoy Awaiting modification of 2015/DA-00083 Jan Broderick Street, Young Garage - repair existing single brick garage 24/04/2015 372 340 0 application Victoria 2964 Moppity Use of Land - Tourist and visitor accommodation Awaiting additional 2015/DA-00093 Anderson Road, Young - farm stay 12/05/2015 354 353 0 information from Applicant MODIFICATION: Amendments to Conditions 48, 49, 50, 51, 52, 54, 60 and 60 of Consent 90 & 114 (APPROVED DEVELOPMENT: Industrial - 2015/DA-00066 Australian Telegraph Road, internal alterations to existing building to utilise Awaiting additional REV01 Mustard Oil Young as mustard oil processing plant) 6/08/2015 268 110 0 information from Applicant Andy's Design 35 Thornhill Secondary Dwelling (new) - one (1) bedroom, Awaiting additional 2015/DA-00191 & Drafting Street, Young single storey, weatherboard clad 16/10/2015 197 195 0 information from Applicant 107 Thornell Awaiting owners consent 2015/DA-00205 Joh n Morgan Road, Young Continued Use of Shed and Shipping Containers 30/10/2015 183 180 0 and additional information 10 Boyds Lane, Subdivision - existing allotment into three (3) 2016/DA-00014 Fran Hewlett Young allotments of approximately 5800 m2 each 2/02/2016 88 0 0 To be determined Dual Occupancy - detached, two (2) bedroom D J & T L 68 Jordan Place, dwelling houses with study, single storey, brick Awaiting additional 2016/DA-00024 Mellross Young veneer, attached single garages 12/02/2016 78 53 0 information from Applicant 52 Elizabeth Awaiting additional 2016/DA-00027 Stephen Norris Street, Young Signage 22/02/2016 68 66 8 information from Applicant Ken Holz & Subdivision - into three (3) Lots in 2 Stages: Kim Hardy C/- Stage 1 - boundary adjustment to create 2 lots CMS of 5.328 ha and 19.753 ha; Stage 2 - subdivision Surveyors Pty 40 & 50 Belmore of Proposed Lot 111 to create 2 lots of 16.47 ha Awaiting additional 2016/DA-00032 Ltd Road, Young and 3.283 ha. 29/02/2016 61 24 0 information from Applicant 16 Renmark Awaiting additional 2016/DA-00042 Betty Douglas Avenue, Young Shed - residential storage, colorbond 14/03/2016 47 44 0 information from Applicant Andy's Design 10 Lachlan Awaiting additional 2016/DA-00043 & Drafting Street, Young Carport - free-standing 16/03/2016 45 45 0 information from Applicant David & Craig 48 Wombat Demolition of Shed; and erect Garage - Awaiting additional 2016/DA-00044 Murphy Street, Young freestanding, double, colorbond 18/03/2016 43 40 0 information from Applicant CPC Land Subdivision - Subdivide land and existing duplex Development 12-14 Spring into two (2) separate lots of 287.2m2 and 2016/DA-00045 Consultants Street, Young 275.1m2 21/03/2016 40 30 0 To be determined Dwelling (new) - five (5) bedroom, single storey, Judd Morris clad dwelling with zincalume roof, attached Roofing Pty 12 Matilda Place, double garage; and Garage, free-standing, clad Awaiting additional 2016/DA-00046 Ltd Young with zincalume roof 23/03/2016 38 26 0 information from Applicant E & J 83 Back Creek Awaiting additional 2016/DA-00048 Goodridge Road, Young Pergola 29/03/2016 32 32 0 information from Applicant 18 Koorawatha Maryann Road, Awaiting additional 2016/DA-00051 Wood Koorawatha Shed - rural purposes, zincalume 4/04/2016 26 25 0 information from Applicant Mutliple residential development - four (4) x three (3) bedroom dwelling units, 2 detached Stephen 17 Thornhill and 2 attached, single storey, brick veneer, 2016/DA-00053 Woolford Street, Young attached single garage 6/04/2016 28 1 0 To be determined Modification: Change point of access and delete 632 Koorawatha consolidation conditions (APPROVED 2015/DA-00122 Road, DEVELOPMENT: Dwelling (new) - four (4) Awaiting additional REV01 Patrick McColl Koorawatha bedroom, single storey, brick veneer) 8/04/2016 22 11 0 information from Applicant MODIFICATION: Replace workshop extension, realign retaining wall (APPROVED DEVELOPMENT: Industrial - Awning to Carpark, Extension to Workshop, Extension to Office, 2014/DA-00103 41 Rockdale Machinery Awning, New AGS sign, 15m Internal REV01 J ohn White Road, Young Fence, Retaining Wall, widen and realign 13/04/2016 19 0 0 To be determined Dwelling (alterations and additions) - Deck Dianne 21 Fontenoy attached to rear of existing dwelling, steel frame Awaiting additional 2016/DA-00054 Jennings Street, Young and timber flooring 19/04/2016 11 11 0 information from Applicant Templemore/ Subdivision - existing allotment into twelve (12) Purchas Street, allotments of between 742.6 m2 and 1036 m2, 2016/DA-00056 W J Chapman Young and including the construction of a new road. 22/04/20 16 8 0 0 On notification 17 Uppingham Street, Dwelling (new) - Use of Property - Install 2nd 2016/DA-00057 G Bebbington Koorawatha Hand Relocatable Dwelling 26/04/2016 4 0 0 To be determined Margaret 1 Wombat Street, Retaining Wall and Fence - demolition and 2016/DA-00058 Roles Young rebuild at front of property 26/04/2016 4 0 0 On notification DC & VJ 44 Elizabeth Dwelling (alterations and additions) - Replace 2016/DA-00059 McIsaac Street, Young existing roof 26/04/2016 4 0 0 To be processed Industrial - Stage 1: minor alterations and additions to existing front shed involving office AD Tanner 305 Boorowa addition, internal modifications and attached 2016/DA-00060 Constructions Street, Young awning; Stage 2: demolition of existing rear shed 27/04/2016 3 0 0 On notification and erection of new industrial complex. Industrial - erect a steel framed, corrugated 41 Rockdale aluminium clad shed to be utilised as a 2016/DA-00061 Joh n White Road, Young workshop. 27/04/20 16 3 0 0 On notification Dickinson Building & Livestock Pty 8 Molloy Place, Dwelling (new) - four (4) bedroom, single storey, 2016/DA-00062 Ltd Young brick veneer, attached double garage 28/04/2016 2 0 0 To be processed Dickinson Building & Livestock Pty 11 Molloy Place, Dwelling (new) - four (4) bedroom, single storey, 2016/DA-00063 Ltd Young brick veneer, attached double garage 28/04/2016 2 0 0 To be processed Robert Hardy & Danny 1 Whites Road, 2016/DA-00064 Hardy Young Industrial - shed for temporary storage 28/04/2016 2 0 0 To be processed Mrs Kerry 23 Cherryvale 2016/DA-00065 Eastlake Place, Young Shed - Storage 29/04/2016 1 0 0 To be processed MODIFICATION: Raise carport height to 3.2m 2015/DA-00175 64 Wombat (APPROVED DEVELOPMENT: Carport - REV01 Sc ott Mellross Street, Young freestanding) 29/04/2016 1 0 0 To be processed AMBOS 114 Telegraph 2016/DA-00066 STOCKFEEDS Road, Young Industrial - shed 29/04/2016 1 0 0 To be processed ORDINARY MEETING AGENDA 24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden COUNCIL COMMITTEE REPORTS FOR ACTION ♦ Nil NO ACTION FORMER HARDEN SHIRE COUNCIL COMMITTEE REPORTS ♦ Skate Park Committee -11 April 2016 ♦ Plant Review Committee – 29 April 2016 ♦ Team Harden Committee – 18 April 2016 ♦ Southern Slopes Transport Working Group – 16 November 2015 ♦ Lachlan Regional Transport Committee – 6 February 2016 ♦ South West Regional Waste Management Group (SWRMG) – 6 February 2016 NO ACTION FORMER YOUNG SHIRE COUNCIL COMMITTEE REPORTS ♦ Youth Council – 4 April 2016 ♦ Environmental Initiatives Committee – 4 April 2016 ♦ Access Advisory Committee – 5 April 2016 ♦ Healthy Shire Group – 11 April 2016 ♦ Economic Development Committee – 19 April 2016 ♦ Plant Committee – 20 April 2016 ♦ Section 356 Sub-Committee – 27 April 2016 ♦ Tourism Sub-Committee – 26 April 2016 ♦ South-West Regional Library Committee – 3 May 2016 ♦ Tidy Towns Committee of Council – 4 May 2016 ♦ Fruit Industry Committee Young and Harden ♦ Youth Council – 9 May 2016 ♦ Asset Renewal Committee – 10 May 2016 NO ACTION FORMER YOUNG SHIRE COUNCIL COMMITTEE REPORTS ♦ Southern Slopes Noxious Plants Authority – 18 February 2016 ♦ Boorowa Health Service Local Implementation Committee – 22 April 2016 ATTACHMENTS Minutes of each committee RECOMMENDATION That the balance of the committee reports be noted. 122 SUB-COMMITTEE REPORTS Internal Council Committees Harden Skate Park Committee Meeting 11th April, 2016 Harden Shire Council Plant Committee Meeting 29th April, 2016 TEAM Harden 18th April, 2016 External Committees with Council Representation Southern Slopes Transport Working Group 16 November 2015 Lachlan Regional Transport Committee 6 February, 2016 South West Regional Waste Management Group [SWRWMG] 8 April, 2016 External Committees No external Committee minutes were presented to the May, 2016 meeting #214766 Minutes of the Ordinary Meeting of the Young Shire Council Youth Council Council Chambers, Young Town Hall Building On 4th April 2016, commencing at 4.00pm Present: Nenad Jelinek, Lizzie Butt, Sam Cullen, Austin McFeeters, Isaac Northcott, William Ross, Tim Maloney, Observers: Sally Atkinson, Apologies: Tash Harrison, Ben Cooper, Jordan Waugh, Bree Dawe Item 1 Minutes of the previous meeting: Moved by Nenad and Austin that the minutes of the meeting 7th March are true and correct. Item 2 Election of Office Bearers Mayor- Nenad Deputy- Lizzie Secretary- Austin Item 3 Youth Week · Movie night – 7:30, organized, advertising is needed, location is sorted, supplies have been purchased. · Bubble soccer – 10 till 2 hall brothers. The Hub will be attending. Waivers have been emailed, must be signed to attend. 9:30 set up. Austin to bring speakers. Item 4 Blank Kangaroo · Paint for Relay for Life, next meeting. Item 5 General Business Nil Meeting closed 4:40pm The next meeting will be held 2 May 2016 at 4pm in the Council Chambers, Town Hall. #214764 Minutes of the Meeting of the ENVIRONMENTAL INITIATIVES COMMITTEE Council Chambers, Young Town Hall Building On Monday 4th April, commencing at 5:00pm Present: Clr Ben Cooper, Clr Stuart Freudenstein, Mayor Clr Brian Ingram, Mikla Lewis (Young District Land Care), Paul Parker (Community Rep), Phillip Dodd (Community Rep), Merry Kirkwood (Community Rep), Dave Taylor (YSC), David Aber (YSC), Sally Atkinson (YSC) ITEM 1 ADOPTION OF MINUTES OF 9 FEBRUARY 2016 MEETING These minutes were accepted as with the following amendments; 7.4 The issue was raised by Merry Kirkwood not Mikla Lewis 7.7 Paul Parker raised the issue once (Clr S Freudenstein / Paul Parker) ITEM 2 APOLOGIES: Craig Filmer (Director Planning & Environment), Kevin Stemm (Community Rep), ITEM 3 COMMUNITY ENERGY PRESENTATION – Chris Mackenzie Davey Recommendation: That Council progress further with the investigation of installing solar PV on Council assets and that the EIC establish a subcommittee to investigate a community based scheme. Moved: Paul Parker Seconded: Merry Kirkwood Carried That the Sub Committee members be Phillip Dodd, Merry Kirkwood, Paul Parker and General Manager David Arber Moved: Stuart Seconded: Mikla Carried ITEM 4 BUSINESS ARISING Pigeons Council is investigating other options for the eradiciation of the Pigeons from the Town Hall and CBD Cats Responsible Pet Ownership Grant – Council is aware of the funding available and is investigating options for the application. ITEM 6 GENERAL BUSINESS Item 6.1 Mikla re: Bird Trails. Karen Cavaney is going to start working on the Bird Trail project. Item 6.2 Mikla is now working with Weddin Shire one day per week and hoping for more collaboration between Young and Weddin. Item 6.3 Paul Parker asked about the removal of fruit trees on Spring Creek Reserve. Informed that a Works Order is in the system Item 6.4 Ben and Mikla gave an update on the One Tree per Child Project. We are hoping that the project will fund 2000-3000 trees to be planted along the Burrangong Creek. Item 6.5 Stuart raised issue of increasing numbers of poplars and willows near Causmag. A Works Order is in the system Item 6.6 Mikla informed the committee of an LLS study of impact of microbats on fruit fly ITEM 8 MEETING CLOSURE – NEXT MEETING Meeting closed 6.39pm. Next meeting was set for 6 June at Council at 5pm. ~~~~~~~~~~~~~~~~ ACTION TABLE OUTSTANDING MATTERS (2014 – present) EIC COMMITTEE Meeting Item Officer/De Action By Signed Issue/Action Description Date No. pt Date off S Atkinson 7/4/2014 Cat Flyer YSC Copy of Biodiversity Strategy to the S Atkinson 7/4/2014 2/6/2014 next meeting YSC Letter to Federal Member and CBROC about disappointment in 12/10/2015 2.1 Hold eWaste programs faltering on a funding basis Set Up Meeting with Canberra Botanical Gardens staff for research 12/10/2015 3.2 B Cooper on streets and footpath upgrade options Provide a report on Community Solar 12/10/2015 5.2 Plants and work to date/proposed on CF PV options for public buildings Provide a report on power line 12/10/2015 5.4 clearing protocols by Electricity DW Authority Pigeon Report – Status of capture 9/2/2016 BA2.2 program and cleanliness of Town GM Hall Facade Power line tree maintenance 9/2/2016 AT5.4 agreement to be tabled to EIC before DW signature 9/2/2016 6.1 eWaste submission per resolution SA 28/2/2016 CDS submission on discussion 9/2/2016 6.2 SA 28/2/2016 paper per resolution Organise Chris McKenzie-Davies 9/2/2016 6.3 from OEH to speak at the next CF 4/3/2016 meeting on Community Solar Plants Apply under One Tree Per Child 9/2/2016 GB7.1 ML Program Prepare & Instal signage at Chinaman’s Dam on Littering and 9/2/2016 GB7.2 DW Anglers litter and the WIRES Phone No. Responsible Cat Ownership 9/2/2016 GB7.3 SA brochure Better promotion on need for 9/2/2016 GB7.4 approval and better siting of shipping MoP containers on private land Airport gate to be closed – info to 9/2/2016 GB7.6 DW users and check on it NSW Regional Clean Energy Program Delivering State-wide and regionally- located resource efficiency programs. A secure, affordable and renewable energy future for NSW 4 Energy efficiency training & seminars • Audits, technical & financial support for business – Priority sectors & Targeted technologies – Energy Savings Scheme • Regional Training – Energy Management Basics – Building the Business Case – Targeted technologies – Industry sectors (Aged Care and Clubs) *Includes 15 hours of one-on-one after training support Next course – Lighting 9 March (Albury), Energy Management Basics 17 March (Berrigan) and HVAC 13 April 2016 (Albury) Book at www.environment.nsw.gov.au/training 5 OEH/NSW Farmers publications Renewables in Agriculture Growing Community Energy Leeton Community energy forum 7 Operating Australian Community Energy projects 8 Growth of solar in NSW 9 Solar PV in Young Shire LGA 10 Community Investment Options • A community organisation installs a system and sells electricity to the host site • A solar system is installed through a loan from a community organisation • A community organisation acts as an electricity retailer. • The ATA’s Sunulator tool can help estimate viability for business and the community group 11 Australia’s first community energy retailer 12 Investor models – Clear Sky Investment Trust 13 $ Community pays for solar power system $ Business buys solar electricity until system paid off HAVE WANT • money to invest • connection to community WANT • to be sustainable • more renewable energy • to lower costs (i.e. power bills) • a strong local economy DON’T WANT • investment opportunities that are secure, tangible • to excessively spend or borrow 14 This project is: • currently the largest community solar project in Australia • the first investor-owned community solar project in Australia 15 16 17 18 19 20 21 22 Community Investment models – why? 23 • Contact the SE Regional Clean Energy Coordinator [email protected] 24 #214734 Report of the Meeting of the ACCESS ADVISORY COMMITTEE held in the Maimuru Room at Town Hall, on Tuesday, 5th April, 2016 PRESENT: John Walker (Councillor & Chairperson), Kevin Ford (Home Care), Vicki Fairfield-Smith (Young Community Health), Kelly Rolfe (Young Community Transport, Lynn Blair (Mercy Care Centre) and Tim Stokes (Development/Building Officer) 1. APOLOGIES: Kevin O’Brien (Scooter User) and Julie Leoflath (Meals on Wheels). Moved/Seconded: Kelly Rolfe/Kevin Ford 2. CONFRIMATION OF MINUTES The Minutes of the previous meeting held on the 8th December, 2015 were adopted as a true and accurate record of the meeting. Moved/Seconded: Lynn Blair/Kevin Ford. REPORT REGARDING RECHARGE SCOOTER SCHEME AUSTRALIA Information provided by Councillor Stuart Freudenstein tabled and discussed Recommended that: Take up offer before June 2016. Negotiate Level of service and location. Moved/Seconded: Vicki Fairfield-Smith/Kelly Rolfe. 3. BUSINESS ARISING The Development/Building Officer advised that a Disabled Park Street frontage sign will be erected in the Dollar Shop customer carpark adjacent to Woolworths. Moved/Seconded: Kevin Ford/Lynn Blair. GENERAL BUSINESS A New linemarking in Senior Citizens Carpark – refer to Traffic Committee B. Bus Zone at the Library – Traffic Committee to review linemarking and signage C. Kirkwoods Pathology – layback access ramp – needs maintenance D. Path in Lynch Street CBD needs repairs E. End of Murringo Street through to Wombat Street Bridge grass/gravel path needs repair. Can we get a foothpath? – Operations to review F. Look into having an Access Walk – invite (Occupational Therapists are on board) G. Miro Street PAMP near Lambing Flat Enterprises was advised as a priority at consultation. Need status - Operations H. Argyle Housing in William Street – is a pick up zone yet No Standing sign exists – Is this right? - Operations J. Patterson Lane – back of Tennis Courts needs repair on footbridge/path. The next meeting date and time will be determined in consultation with the Chairperson and Committee members to enable a suitable time and date to be held in the Maimuru Community Meeting Room at Town Hall, 189 Boorowa Street, Young. Meeting closed at 6 pm. #214774 The Minutes of the Young Healthy Shire Group Held at the LEOC room, Young Shire Council, Boorowa St. Young on Monday, 11th April 2016 Meeting Open: 10.05am Present: Clr Sandy Freudenstein Young Shire Council (Chairperson) Clr Brian Ingram Young Shire Council (YSC) Clr John Walker Young Shire Council (YSC) Craig Filmer Young Shire Council (DPESS) Sonia Ingall Lambing Flat Enterprises (LFE) Jo Farley Young Crisis Accommodation Centre YCAC) Catherine Cusack TAFE NSW Jeanette Lautier Murrumbidgee Primary Health Network (MPHN) Naomi Peters The HUB Debbie Longhurst Australian Department of Health Services (ADHS) 1. Apologies Gail Haines Catholic Community Services (CCS) Cheryl Fensom Aboriginal Education Consultative Network (AECG) Rebecca Robinson Josie Johnson Young Multicultural Group (YMCG) Martin Langfield PCYC Zoe Nott Young Crisis Accommodation Centre (YCAC) Donna Davis Lambing Flat Enterprises (LFE) 2. Adoption of Minutes a) The Minutes of the Meeting 10 August 2015 were adopted as true and correct, Moved: S Ingall Seconded: D Longhurst 3. Business Arising 3.1 The Mayor Brian Ingram advised he had followed up his actions required at last meeting with the Minister and local Senator Hon Fiona Nash, especially having regard to the Community Link 4. Southern Slopes Transport Working Group Update – Kelly Rolfe · Noted that there has been no meeting in 5 months · Next Meeting is scheduled for mid May 2016 – Clr Walker looking to drive this Committee Page - 1 5. Multicultural Working Group Update No representative in attendance at this current meeting. Comment held over until next Healthy Shire Meeting. 6. Aboriginal Education Consultative Group No report for meeting 7. Social Plan Update Sally reasonably well advanced on current workload – draft imminent. 7B. Suicide Prevention Network Delegate uncertainty of their status – need invite to join next Healthy Shire Committee Meeting for update. 1. CDAT – Ice Forum Update – Donna Davis · Jeanette Lautier to email more detailed update – to be attached to minutes, however she gave an update and re-stated the purpose of CDAT · Only small amounts of funding with emphasis on networking · 1 major exposure event per year with smaller efforts toward education and information provision to those in need · CDAT still has a drugs and alcohol focus · Proposing a forum soon in Young with the prime topic being ICE · CDAT is very keen to receive feedback from Healthy Shire Committee Members on trends or issues they are seeing. This will help inform CDAT and their planning. · CDAT is working well with the Police both at a local and also command level. · The Mayor confirmed the good relationships in place between CDAT and Police from the PACT (Police and Council Taskforce) Meetings · Jeanette herself was presently covering the Secretary’s role at present to CDAT · Issues at the fore at present were discussed and binge drinking in Youth as well as the Local Liquor Accord not being functional at present. The Mayor said he would discuss this latter point with the Australian Hoteliers Association delegate at the next opportunity. · The Mayor was keen that crime issues are dealt with at Local and Command level – he was happy to be the conduit of concerns through the PACT Meetings. 9. General Business & Information Exchange a) CLR JOHN WALKER · Led a discussion on the need and status of a new Police Station for Young · Stated that PACT, CBRJO, Ministers and Local Members had been briefed during his time as Mayor. Understands that the matter is firmly on the table and progressing.. Page - 2 b) NAOMI PETERS (THE HUB) · The stats for the Hub, its use and attendance are at an all time high with the wide and varied range of programs they are running. · This is leading to staffing pressures · Staff undergoing training · Lots of new parenting programs now available · Connecting Carers BBQ – very successful c) CATHERINE CUSACK (TAFE) · Sod Turning Ceremony due on Wed 13 April 2016 despite demolition and building having started · Diploma and Cert IV in Community Services on offer and going well, frustrated at work placement reductions or voluntary components that Catherine believes are vital to the students. As a result of current programs those who qualify will find it tough to get work yet those in the industry are working long and hard hours. · 2 new fee free courses on offer soon; Intro to Community Services; and Intro to Disability Services. These lead to a Statement of Attainment which will be RPL if further study sought in these areas. If through these courses the need for them can be demonstrated, the TAFE will secure funding to provide. They are normally $500-600 courses and they start in April. · Brought up the need to develop an info exchange slip that eachj speaker can talk to and pass on to minute secretary. Craig to develop and attach to minutes/agenda. d) SONIA INGALL (LFE) · Discussed the Community Link Program and how it had not yet started due to staffing issues. These will be resolved shortly and it will commence thereafter e) JO FARLEY (YCAC) · Shopfront Office working very well · Numbers of attendances and clients are up · Homeless week planning started – Food Van and Open Day planned for 3rd August, around lunch time at the shopfront office near Rivers · Discussed the magnitude of the homeless problem in Town presently and how there is cross-agency agreement and support. Homelessness ranges from couch surfing through to organized assistance (YCAC organize short stay pub rooms in crisis scenarios). Stated there are > 6 active cases open at any one time and vary from age 12-13 and upwards. Page - 3 · YCAC currently cover and provide for Men, Women and Children presently f) JEANETTE LAUTIER (MPHN) · The Primary Health Group are up for assessment and it is almost complete · Working on issues with Local Health, services mapping, reduction in hospital placements – care in place, co-ordinated in-home health leading up to waiting list patients pre op · Mental health review being done presently with a coordinated focus · Foreshadowed changes coming to the “Closing the Gap” program. This program sees Aboriginal health workers in health support roles. · LHAC supported by the Primary Health Network as well as to LAH in order to achieve their goals. Focus sessions to be held for participants shortly with 2 x half day sessions scheduled g) DEBBIE LONGHURST (Fed DEPT HEALTH SERV’s) · Commended the work of the Welfare Community Group and their programs · Food Hall (open since Sept 2014) has 300 people on books with up to 50 users per week in line with program rules. There is good community assistance through $$ and food and charity fundraising days. It is running barely on parity but the Manager/s to be commended. Registered clients are getting shopping assistance to enable balance or diet controlled meal choices. · Made general comment that cross network support in town presently is working well · Made mention of the Grandparent Support Group being formed. · The GSG is for full time Grandparent parenting, has a high correlation with drug use of actual parents, DOCS views this under rules as a Foster scenario and not a family issue (needs review as is outdated position), Grandparents have no legal guardian status · This support group is aimed at assisting these grandparents (advice, policy, politics, support and liaison) · Formation meeting due at Library on 11 May · DHS pushing the self service mode of delivery of “myGov”services. Due to the face of the business changing, there will be an appointment only basis for more complex matters. h) MAYOR BRIAN INGRAM (YSC) · Was pleased with all of the hard work occurring in different quarters but was most alarmed at the rates of homelessness in our community · Advised that he had learned that Young Hospital was a designated temporary hold location for mental health cases. Concerned that the open construction and layout of the premises does not lend itself to Page - 4 provide this service even if staff have been trained. Is trying to get this addressed presently. · Reiterated he would see the AHA delegate about re-forming the Liquor Accord, or otherwise · Very pleased about the spend and the magnitude of spend at our TAFE which has to indicate that our area is one of note and regionality · Led a general discussion on businesses and business confidence in town from his perspective · Provided a general update on the Health Services Hub that YSC is involved in planning and delivering. · Responded along with CF to general questions on Stages 2 and 3 of the Aquatic Centre Complex planning. Meeting Closed: 11.45am Next Meeting: Monday 6 June 2016 – noted that long weekend was following weekend this year. Page - 5 Community Drug Action Teams – CDATs~ The Australian Drug Foundation supports Community Drug Action Teams (CDATs) - groups of volunteers across New South Wales who work together to minimise and prevent the harmful use of alcohol and other drugs in their neighbourhoods. Their development is informed by a Framework for Action which outlines the program’s direction over the next three years. PUBLIC LIBRARIES AND COMMUNITY DRUG ACTION TEAMS (CDATS) Community Drug Action Teams (also known as CDATs) are coalitions of representatives from government and non-government agencies, community, volunteers and local business and welfare organisations set up to respond to the impact of alcohol and other drugs in their community. What does a CDAT do? Each team works to reduce the local impact of alcohol and other drug problems by identifying gaps in services and working with organisations and other community groups on local projects. Common types of CDAT activities include: § identifying drug and alcohol-related problems in the local community § creation of leaflets listing local drug and alcohol services § drug information and education sessions - community forums and information expos § organising drug and alcohol-free events for young people § encouraging service/community partnerships (example: a local retailers’ voluntary code of conduct restricting the sale of solvents) § work with organisations and other community members to meet community needs. CDATs are supported by a regional Senior Community Development Officer, whose role is to provide practical support to CDATs, assist in identifying resources and build relationships between CDATs. How CDATs and libraries can work together: § Co-location of information stalls § Exchanging of information (adding libraries to CDAT distribution lists) Page - 6 § Promotion of CDAT initiatives through the library § Working in partnerships to create forums at the library § CDATs may have brochures and resources to distribute through libraries (eg. Pocket cards with lists of local services and emergency numbers) § Host CDAT meetings at the library Page - 7 #213361 Report of the Meeting of the Economic Development Committee held in the Council Chambers, Town Hall, Boorowa Street, Young, at 7am Tuesday, April 19, 2016. PRESENT Col Rees (invited guest, Ettamogah Rail Hub), Michael Tomlinson (invited guest, Pointsbuild, The Hilltops Innovation Hub), Juliet McFarlane, John White, Roz Faulkner, Chris Holland, David Newberry, Brian Ingram, David Aber, Debbie Evans, John Walker, Jim Cusack, John Hobson, Ian McAlister, Stuart Freudenstein, Tony Wallace, Brian Mullany APOLOGIES Chris Browne and Alvaro Marques. Moved Juliet McFarlane, 2nd Roz Faulkner – carried. 1 CONFIRMATION OF MINUTES Meeting held February 23, 2016. Moved; John Hobson, 2nd Roz Faulkner – carried. 2 BUSINESS ARISING - Nil 3 MICHAEL TOMLINSON – POINTSBUILD – THE HILLTOPS INNOVATION HUB Michael Tomlinson, Managing Director, Pointsbuild Pty Ltd, gave a presentation to the Committee on an idea he has for the development of a Hilltops Innovation Hub (copy of presentation supplied to Council and held in records). N.B. Michael is still waiting on approval to use the name Hilltops in relation to the hub. The committee were very interested in the concept and offered assistance to Michael in the future for the development of the Hub as an innovative place for ideas, business growth and learning. He was invited to come back to the committee and advise on progress and the committee offered to serve as a sounding board for him in the future and to provide endorsement if needed as the project progresses. 4 BLAYNEY – DEMONDRILLE RAIL LINE – COL REES (ETTAMOGAH RAIL HUB) Col Rees gave the committee an overview of his background in business and the circumstances that led to and enabled him to create the Ettamogah Rail Hub. He is very passionate about short haul rail and sees there is a great opportunity for this type of system, which he has studied extensively in the US and Canada, to be implemented in NSW. However, for it to be successfully implemented in Australia he said there is a need for recognition of the differences of operation between short haul and long haul rail operations from a Government regulatory perspective. He said he had spoken extensively with the recent Ministerial Rail Taskforce where he thought his suggestions in relation to short haul rail operations had been well received. He is now hoping to have an opportunity to meet with the Minister and further explore options for short haul rail in Australia. Mr Rees said a reinstated Blayney – Demondrille Rail Line would be a perfect example of the type of situation where short haul rail could be implemented to carry large volumes of freight to and from links with main line trains for delivery/pick-up to Capital cities and major ports. He added he is hoping to have Forrest Hume www.dlapiper.com/en/canada/people/h/hume-forrest who was the author of the Short Haul Regulatory Regime in Canada, come to Australia to better inform operators and government on the opportunities that short haul rail could offer. Moving forward Mr Rees indicated he would be interested in efforts to reinstate the Blayney-Demodrille Rail Line. 5 HILLTOPS REGIONAL EXPORT SUMMIT A draft program for this event being hosted by Young Shire Council and Industry NSW and supported by Canberra Airport, NSW Farmers, Australian Business Chamber, NSW Department of Premier and Cabinet, Trade Start was circulated to committee members. When the program is finalised it will be distributed to the committee who in turn are asked to forward on to their contacts. The Summit is particularly aimed at produces/value adders of the region to get them thinking about the opportunities opening up for them in the region with air freight going directly into Asia through Canberra Airport. As this develops there is scope for producers/value adders potentially to sell product directly to consumers in Asia. 6 HEALTH CARE HUB David Aber reported there had been substantial progress made on the hub with the lodging of a Public Private Partnership application with the Department of Local Government, work on a lease of the chosen site with Southern Cross Care, the lodging of two applications for Government funding (National Stronger Regions Fund and Resources for Regions) extensive work was undertaken to ensure both applications dovetailed with guidelines for the grants, he added he is optimistic about a favourable response on at least one of these applications and a forward plan that would see the project “in the black” within 5 years, plus the development of a 10 year maintenance program. 7 LOCAL GOVERNMENT REFORM PROCESS A motion was moved by the Chairman, Ian McAlister, and accepted by the full committee that the Economic Development Committee of Young Shire Council fully supports the merger of the local government areas of Boorowa, Harden and Young on the basis that this merger would provide the greatest benefits for the communities involved. 8 GENERAL BUSINESS The Mayor, Brian Ingram, said on a Ministerial visit to Young last week by John Barilaro, Minister for Regional Development, Minister for Skills, and Minister for Small Business, for the sod turning of work to upgrade the Riverina Institute of TAFE Young Campus, he had made representations regarding the Health Care Hub to both the Minister and local Member, Katrina Hodgkinson, who was accompanying the Minister. He complimented the staff of Young Shire Council for bringing together on short notice a breakfast meeting to enable the Minister and Local Member to meet with and hear concerns from local business people. 9 NEXT MEETING 7am, Tuesday, May 17, 2016. The meeting closed at 9.10am. NAME of CHAIRPERSON CHAIRPERSON DATE: #214739 Report of the Meeting of the PLANT COMMITTEE held in the Council Chambers, Town Hall, Boorowa Street Young commencing at 4.25 pm, on Wednesday, 20th April 2016 PRESENT Councillors Brian Mullany (Chairperson), Allan Miller, Stuart Freudenstein and John Walker. In attendance David Aber (General Manager), Dirk Wymer (Director – Operations), and Leanne Hardy (Personal Assistant). 1. APOLOGIES Recommended by Councillors Stuart Freudenstein and Miller that an apology be accepted by Mayor Ingram. 2 CONFIRMATION OF MINUTES Resolved on the motion of Councillors Stuart Freudenstein and Allan Miller that the minutes of the Plant Committee meeting held on 17th February, 2016, be adopted. 3 GENERAL MANAGER’S REPORTS ITEM 3.1 PLANT UTILISATION REPORT Prepared by: Director Operations File Number: F93.00 Resolved on the motion of Councillors Stuart Freudenstein and Miller that Council receive and note the quarterly Plant Utilisation Report. ITEM 3.2 PLANT INTERNAL HIRE RATES 2015/2016 Prepared by: Director Operations File Number: F93:00 Resolved on the motion of Councillors Stuart Freudenstein and Miller that Council receive and note the internal plant hire rates for the third quarter for 2015/2016. ITEM 3.3 PROGRESS ON 2015/2016 PLANT REPLACEMENT REPORT Prepared by: Director Operations File Number: F93.00 Resolved on the motion of Councillors Mullany and Walker that Council receive and note the information provided on the 2015 / 2016 plant replacement schedule. The meeting concluded at 4.47 pm. #213859 Report of the Meeting of the SECTION 356 SUB-COMMITTEE Held in the Council Chambers, Town Hall, Young on Wednesday 27th April, 2016 commencing at 3.05 pm PRESENT Councillors Brian Mullany (Chairperson), Ben Cooper, Sandy Freudenstein, Brian Ingram and Director – Corporate Services, Greg Armstrong. ITEM 1 APOLOGIES Nil ITEM 2 ELECTION OF CHAIRPERSON Moved by Councillors Ingram and Sandy Freudenstein that Councillor Brian Mullany be nominated and duly elected as Chairperson. Councillor Mullany took the Chair. ITEM 3 CONFIRMATION OF MINUTES Moved by Councillors Sandy Freudenstein & Seconded by Brian Mullany that the following allocations be referred to the 2016-2017 Draft Budget, Amount Applicant Recommended Trustees - Cadet Hall 275.00 Tipperary Golf Club 1000.00 Young Health Services Auxillary 173.50 Young Community Chest 500.00 Young Camera Club 500.00 Seniors Week Committee 400.00 Georgina Josephine Foundation 300.00 Young and District Family History Group Inc 150.00 Young Historical Society Inc 1000.00 Girl Guides Australia 275.00 Bendick Murrell Recreation Reserve 1750.00 The Young Group and Wagga Legacy 780.00 Milvale Progress Association Inc 1750.00 Young District Fire Cadets 250.00 Young Society of Artists Inc 1000.00 Young Rugby League Masters 250.00 Rotary Club of Young 400.00 Riding for the Disabled Association 2000.00 Young Meals on Wheels Organisation 1000.00 Lions Club of Young 190.00 Koorawatha Hall Committee 1750.00 All Breeds Poultry Club of Young 200.00 Young Community Arts Centre Trust 500.00 Western Region Academy of Sport (WRAS) 677.00 TOTAL $17,070.50 Council Allocations: Acquisitive Prize Art Show 1500.00 ANZAC Day 4000.00 Australia Day - Bribbaree 750.00 Australia Day - Young 8000.00 Remembrance Day 750.00 Unexpected Contingencies 4,000.00 Ad-Hoc Council Donations 4,000.00 Council Functions 9,000.00 32,000.00 Total Section 356 Allocation for 2016-2017 $49,070.50 #214173 Report of the Meeting of the TOURISM SUB-COMMITTEE Held in the Council Chambers, Young Shire Council, Boorowa St, Young on Tuesday 26th April, 2016 at 4:00pm PRESENT Clr Brian Mullany, Economic Development Officer, Clr Brian Ingram, Clr Sandy Freudenstein, Kathy Batinich and Greg Armstrong (Director - Corporate Services) 1. APOLOGIES Clr Tony Wallace, Clr John Walker Moved: Clr. Sandy Freudenstein 2nd:Kathy Batinich 2. CONFIRMATION OF MINUTES – Recommended: That the minutes of the meeting held on Tuesday 23rd February be accepted as a true and correct record of the proceedings. Moved: Kathy Batinich 2nd: Clr Sandy Freudenstein 3. Business Arising from previous meeting Recommend that $3,000 be allocated to signage at Tout’s Lookout in next year’s tourism budget Moved: Clr. Brian Mullany 2nd: Clr. Sandy Freudenstein 4. ABACUS – BGP Update Action: Invite Director of Planning to attend next Tourism Sub-Committee Meeting to update the committee on the Migration Heritage Study Recommendation to Council – that the damaged fence at Blackguard Gully be replaced immediately. Recommendation to Council – it adopt the Blackguard Gully Conservation Management Plan. Action: that the full Blackguard Gully Conservation Management plan be included in the next Council Meeting papers. Recommendation to Council – that it commence the process of revision of the Heritage Strategy for Council. Moved: Clr Brian Mullany 2nd: Kathy Batinich 5. Tourism Manager’s Report Recommendation that the Tourism Manager’s Report be accepted Moved: Clr Brian Mullany 2nd: Kathy Batinich Meeting Closed 1715 Next Meeting June Conservation Management Plan Blackguard Gully Gold Trails interpretive signage on Blackguard Gully. Prepared by: Ray Christison 116 Hassans Walls Road Lithgow NSW 2790 For Young Shire Council Blackguard Gully, Young – Conservation Management Plan Contents 1. Introduction 4 1.1 Outline of tasks required to be undertaken in brief 4 1.2 Definition of study area 4 1.3 Methodology 6 1.4 Limitations 6 1.5 Identification of authors 6 1.6 Acknowledgements 6 2 Documentary Evidence 8 2.1 Thematic History 8 2.1.1 Introduction - Key Themes 8 2.1.2 Timeline 9 2.1.3 Summary history of each lot included within the SHR boundary 9 2.1.4 Aboriginal culture and interactions with other cultures 10 2.1.5 Ethnic Influences 13 2.1.6 Migration 14 2.1.7 Environment: cultural landscape 17 2.1.8 Mining 20 2.1.8.1 Mining in Blackguard Gully 24 2.1.9 Law and order 32 2.2 Ability to Demonstrate 35 3. Physical Evidence 37 3.1 Introduction 37 3.2 Victoria Gully & Blackguard Gully watercourse 37 3.3 Main sluicing dams & associated races (Lot 4524 DP 46320) 40 3.3.1 Sluicing dams 41 3.3.2 Sluicing races 44 3.3.3 Puddling mills 48 3.4 Gold Lease GL73 50 3.2 Archaeological Potential 52 3.2.1 Archaeological zoning plan 52 4. Assessment of Cultural Significance 54 4.1 Comparative Analysis 54 4.1.1 Evidence of alluvial gold mining 54 4.1.2 Evidence of Chinese ethnic influence 59 4.1.3 Summary findings from comparative analysis 60 4.2 Statement of Significance 60 4.2.1 Existing Statements of Significance 60 4.2.2 Revised Statement of Significance 61 4.3 Gradings of Significance 63 5. Constraints and Opportunities 66 5.1 Constraints and opportunities arising from statement of significance 66 5.2 Statutory and non-statutory listings 66 5.2.1 NSW State Heritage Register 66 5.2.2 Young LEP Heritage Schedule 67 5.3 Responsibility for management 69 5.3.1 Development of a landscape management plan 69 5.3.2 Development of visitor carpark 70 5.3.2 Development of the proposed Abacus (Suànpán) Centre 70 5.3.3 Communication 71 5.4 Fossicking area 71 6. Development of Conservation Policy 72 7. Conservation Policies and Guidelines 73 7.1 Definitions 73 7.2 Policies 74 7.2.1 Fabric 74 7.2.2 Management of the precinct 74 7.2.3 Access 75 7.2.4 Setting 75 7.2.5 Installation of services & amenities 75 High Ground Consulting 16.12.2015 (DRAFT) 2 Blackguard Gully, Young – Conservation Management Plan 7.2.6 Management of archaeological features 75 7.2.7 Fossicking 76 7.2.8 Approvals 76 7.2.9 Documentation of changes 76 7.2.10 Review of the Conservation Management Plan 76 7.3 Recommendations regarding management of fabric 77 7.3.1 Victoria Gully & Blackguard Gully Watercourse 77 7.3.2 Main sluicing dams & associated races (Lot 4524 DP 46320) 77 7.3.3 Gold Lease GL73 78 7.4 Conservation Action Plan 79 8. Interpretation 80 8.1 Interpretation themes 80 8.2 Development of interpretive pathways 80 8.3 Site based interpretations 80 9. References 82 List of Plans Figure 1.1 Identification of the curtilage of the State Heritage Register listing of Blackguard Gully. 5 Figure 2.1 The Lambing Flat (Young) Gold Field in 1862. 21 Figure 2.2 Plan of Portion 1138 purchased by Patrick Fitzgibbon in 1889. 26 Figure 2.3 Aerial view of Blackguard Gully showing the lots covered by Special Lease 24.34 allocated to Margaret O’Connell in January 1925. 31 Figure 3.1 Aerial view showing the possible layout of sluicing infrastructure described in 1922 and 1933. 41 Figure 3.2 Archaeological Zoning Plan – moderate to high archaeological potential. 53 Figure 3.3 Archaeological Zoning Plan – moderate archaeological potential. 53 Figure 3.4 Archaeological Zoning Plan – low archaeological potential. 53 Figure 5.1 Plan showing existing formal carpark & proposed carpark locations. 70 Appendix A The Burra Charter Appendix B Standard Exemptions for Works Requiring Heritage Council Approval Appendix C Abacus (Suànpán) Centre Action Plan Appendix D Approvals for works flowchart Appendix E Fossicking: A guide to fossicking in New South Wales High Ground Consulting 16.12.2015 (DRAFT) 3 Blackguard Gully, Young – Conservation Management Plan 1. Introduction 1.1 Outline of tasks required to be undertaken in brief A section of Blackguard Gully between Whiteman Avenue and Victoria Street, Young was included in the New South Wales State Heritage Register (SHR) on 13 March 2009 (Listing Number 01775). The listing includes the provision of Standard Exemptions gazetted for most sites included on the SHR. These are included as Appendix B to this Conservation Management Plan (CMP). An additional exemption allows the following: Gold panning and fossicking. Purposes of grazing cattle limited to the area outlined with the heavy black line shown on the plan HC 2182. The site is currently controlled by Young Shire Council. The Council has determined to prepare a Conservation Management Plan (CMP) to guide the future management of the part of Blackguard Gully included in the SHR. The Conservation Management Plan is required to: • Provide an understanding of all heritage items on the site (archaeological, built, cultural and indigenous) through investigation of its historical and geographical context, its history, fabric, research potential, and importance to the community • Include a statement of significance based on the existing assessments undertaken for listing on the State Heritage Register. • Develop a conservation policy, arising out of the statement of heritage significance, to guide current and future owners of the items on the continued and future use of the site and its ongoing maintenance. • Constraints and opportunities are to be examined. • Prepare an archaeological zoning plan for the site. • Recommend how the heritage items can best be managed bearing in mind those responsible and interested in its ongoing conservation. It is to include proposals to review the conservation management plan and maintenance requirements. • Identify areas where interpretation could occur and provide guidelines for such future initiatives. • Identify areas in which the following facilities can be developed; o Visitor parking, o Interpretive pathways, o Picnic facilities and amenities, o An interpretive and research centre associated with the migration history of Young and New South Wales. 1.2 Definition of study area The SHR listing for Blackguard Gully covers the following properties: • Crown Land DP 1160640 High Ground Consulting 16.12.2015 (DRAFT) 4 Blackguard Gully, Young – Conservation Management Plan • Part Lot 7048 DP 1001285 • Part Lot 7313 DP 1160640 • Part Lot 7314 DP 1160640 • Part Lot 7315 DP 1160640 • Part Lot 7316 DP 1160640 • Part Lot 7317 DP 1160640 • Lot 2524 DP 46320 • Lot 304 DP 754611 • Part Lot 7054 DP 96182 Figure 1.1: Identification of the curtilage of the State Heritage Register listing of Blackguard Gully. (Naomi Nelson for Heritage Branch, Office of Environment & Heritage) High Ground Consulting 16.12.2015 (DRAFT) 5 Blackguard Gully, Young – Conservation Management Plan Blackguard Gully is one of three gullies that converge near the eastern end of the Town of Young. At this point it joins Victoria Gully and Garibaldi Gully. The three gullies saw intensive alluvial mining activity from 1860 onwards. 1.3 Methodology This CMP was prepared in accordance with a brief prepared by Young Shire Council. Consultation and investigations have been undertaken with local stakeholders, including: • Craig Filmer, Director Planning, Environmental and Strategic Services, Young Shire Council. • Hugh Jackson, Asset Planning Officer Parks & Gardens, Young Shire Council. • Abacus Centre Working Party, Young Shire Council. The CMP has been guided by: • NSW Heritage Manual, 1999 • The Burra Charter, 1999 • Assessing Heritage Significance, 2000 • Model Brief for the Preparation of a Conservation Management Plan • A Suggested Table of Contents for a Conservation Management Plan that can be endorsed by the NSW Heritage Council The following actions were undertaken: 1. Preparation of a Thematic History based on the Thematic History prepared as part of the Young Shire Community Based Heritage Study. 2. Site survey to identify the key landscape features undertaken on 23 November 2015. 3. Description of the place, including identification of key features and their condition. 4. Review of significance based on the condition of the area and comparative analysis with similar sites in New South Wales. 5. Discussion of constraints and opportunities associated with 1.4 Limitations Sections of the precinct, particularly along the eastern gold races, were heavily overgrown with holly and blackberry, very difficult to access. This severely limited investigation of these areas. 1.5 Identification of authors This report was written by Ray Christison BA (Hons.), heritage consultant of High Ground Consulting, Lithgow. Site plans were drawn by Ian Laing of Ian Laing Drafting, Bowenfels. High Ground Consulting 16.12.2015 (DRAFT) 6 Blackguard Gully, Young – Conservation Management Plan 1.6 Acknowledgements This Conservation Management Plan has been prepared with the support and assistance of a number of persons, including: • Brian James of the Young and District Historical Society, • Members of the Young Shire Council Blackguard Gully Committee; o Craig Filmer, Director Planning Environment & Strategic Services, Young Shire Council. o Russell Healy, Chairman, Australian Rutile Pty Ltd. High Ground Consulting 16.12.2015 (DRAFT) 7 Blackguard Gully, Young – Conservation Management Plan 2. Documentary Evidence 2.1 Thematic History This thematic history has been adapted from the Thematic History of Young Shire prepared by Ray Christison in 2008. Additional research was undertaken on mining in Blackguard Gully. 2.1.1 Introduction – key themes Blackguard Gully is located within the country of the Wiradjuri people and in the 1820s it became part of the Burrangong pastoral run taken up by James White. The discovery of gold in Burrangong Creek in 1860 sparked a major gold rush in which orgnaised groups prospectors, struggling to make a living in the difficult conditions, committed the most widely known and documented acts of violence against Chinese miners in January 1861. Much of the Blackguard Gully area was subsequently allocated to Chinese miners who experienced a second series of attacks in June and July 1861. After the gold rush subsided Blackguard Gully and its surrounds were worked by various consortiums using ground sluicing methods. Ground sluicing activity by Irish immigrant families continued well into the 20th century. The section of Blackguard Gully listed on the NSW State Heritage Register is typical of heavily worked alluvial gold mining areas. Key historic themes relevant to Blackguard Gully are: • Aboriginal cultures and interactions with other cultures, • Ethnic influences, • Migration, • Environment: cultural landscape, • Mining, • Law and order. 2.1.2 Timeline This timeline records the land use history of Blackguard Gully in the context of the Lambing Flat Gold Rush and subsequent related events. 1820 Surveyor Meehan explored the country between Tarlo and Grabben Gullen 1824 Hume and Hovell explored the country between Yass Plains and Port Phillip 1826 James White settled on Burrangong Creek 1860 Gold discovered on White’s lambing flat Courts of petty sessions established at Lambing Flat and Stoney Creek 1861 Anti-Chinese riots in January drove Chinese miners from the gold field Blackguard Gully allocated for Chinese miners in February Rioting on 30 June 1861 was largely focused on Blackguard Gully Lambing Flat and Burrangong named Young in April and Town of Young laid out First land sale in Young First Court House constructed. This was destroyed by fire in the July riots High Ground Consulting 16.12.2015 (DRAFT) 8 Blackguard Gully, Young – Conservation Management Plan Protesting miners stormed the police camp on Camp Hill in July 1865 The initial gold rush had virtually finished 1870 Large scale ground sluicing activity commenced in various areas of the Burrangong Goldfield 1874 Patrick Fitzgibbon acquired freehold title to blocks lining the Blackguard Gully watercourse 1877 Mining practices in the Burrangong Goldfield described as “primitive and slovenly” 1881 Lyons & Fitzgibbon were using the government boring machine on their claim on Victoria Hill 1882 Borough of Young incorporated 1887 Gough & Company developed extensive sluicing infrastructure on Victoria Hill Gough & Company began operating as Burrangong Steam Sluicing Company 1888 Victoria Hill Sluicing Gold-Mining Company, Young, Limited established to sluice the area between Blackguard and Sawpit Gullies 1889 Burrangong Creek watercourse reserved from sale 1891 Patrick Fitzgibbon acquired mining leases on Victoria Hill 1895 Death of Patrick Fitzgibbon 1897 Fitzgibbon’s freehold land and leases taken up by William O’Connell 1917 Death of William O’Connell 1919 William O’Connell’s lands transferred to Margaret and Maurice O’Connell 1922 O’Connell mining leases cancelled 1924 Burrangong Creek watercourse and Blackguard Gully dedicated as a public reserve Part of new public reserve leased to Margaret O’Connell nee Fitzgibbon 1955 The southern section of Margaret O’Connell’s lease taken up by B.J. & E.M. Morris 1956 Margaret O’Connell’s former lease dedicated as a Reserve for Future Public Requirements 1992 Development of Young Chinese Tribute Gardens commenced at Chinaman’s Dam 2009 Blackguard Gully listed on the NSW State Heritage Register 2.1.3 Summary history of each Lot included within the SHR boundary The following table includes a summary of previous dealings for each Lot includes within the State Heritage Register listing. Property description Property history Crown Land DP 1160640 Part of watercourse reserved from sale or lease 24 April 1889. Reserve for Public Recreation R56863 dedicated 22 February 1924. High Ground Consulting 16.12.2015 (DRAFT) 9 Blackguard Gully, Young – Conservation Management Plan Property description Property history Part Lot 7048 DP 1001285 Part of watercourse reserved from sale or lease 24 April 1889. Reserve for Public Recreation R56863 dedicated 22 February 1924. Part Lot 7313 DP 1160640 Part of Reserve for Public Recreation notified 14 March 1924. Part Lot 7314 DP 1160640 Part of Gold Lease G.L.73. Part of Reserve for Public Recreation notified 14 March 1924. Part Lot 7315 DP 1160640 Part of Gold Lease G.L.73. Part of Reserve for Public Recreation notified 14 March 1924. Part Lot 7316 DP 1160640 Part of watercourse reserved from sale or lease 24 April 1889. Reserve for Public Recreation R56863 dedicated 22 February 1924. Part Lot 7317 DP 1160640 Part of R20801 for Crossing notified 26 May 1894. Lot 2524 DP 46320 Part of land leased to Patrick Fitzgibbon, including dam. Reserve R78368 for future public requirements; Part of Special Lease 24.34 to Margaret O’Connell. Part of Special Lease 55.83 revoked 24 February 1956. Lot 304 DP 754611 Part of Gold Lease G.L.73. Part of Reserve for Public Recreation notified 14 March 1924. Declared under Pastures Protection Board control 27 October 1922. Control extended 29 November 1929 and again on 13 January 1933. Part Lot DP 96182 Part of watercourse reserved from sale or lease 7054 24 April 1889. Reserve for Public Recreation R56863 dedicated 22 February 1924. Part of Gold Lease G.L.73. Part of Reserve for Public Recreation notified 14 March 1924. 2.1.4 Aboriginal Cultures and Interactions with other Cultures The study area sits within the vast traditional lands of the Wiradjuri people. Aboriginal culture maintained complex relationships between the people and the land that sustained Aboriginal society for millennia. The inextricable bond between life and land is a fundamental premise of Aboriginal existence. All features of the landscape, and all life within it, were created during a creation period by ancestral creatures; some human, some animal, some neither. This period … is present in the landscape itself, and the stories and relationships form an integral part of the traditional law that guides all life. This relationship to the land extends to an in-depth knowledge of the incredible wealth of resources available in the local area, High Ground Consulting 16.12.2015 (DRAFT) 10 Blackguard Gully, Young – Conservation Management Plan including foodstuffs and raw materials for tool and implement manufacture.1 The original people of the Young district appear to have ranged over a wide span of countryside and maintained links with groups in neighbouring regions. The rivers of the district provided a plentiful source of: … shellfish and fish … and the plants, tubers and nuts of the country between the rivers provided seasonal food: there were yam daisies in spring summer and autumn, wattle-seeds in July and August, orchid tubers in August and September. Larger game such as possums, kangaroos and emus were captured by groups of hunters to make up a varied and nutritious diet.2 In parts of western New South Wales the Wiradjuri actively resisted the intrusion of European settlers into their lands. They have continued to retain a strong sense of identity despite persistent and repeated historical attempts to destroy them as a people. The loss of societal cohesion and impact of disease among Aboriginal people has been recorded in a number of places. As early as the 1790s, well before any Europeans ventured into the region, a small pox epidemic spread along traditional trade routes. A second epidemic occurred in the 1830s. With no immunity to the virus, tribes were decimated. As the disease moved inland through the Wiradjuri region river system into South Australia it was interpreted as the result of the powerful magic of distant tribes who had unleashed the terrifying power of the Rainbow Serpent. … in the Wiradjuri region these times remained vivid for generations as a time of death. Fifty years later, the old people recalled how the sickness “Followed down the rivers … Burying bodies was no longer attempted and the atmosphere became tainted with decomposing bodies.3 As Europeans moved into the region they took up the prime grazing land along the river corridors and Aboriginal people were pushed onto marginal lands. Others lived on the fringes of European settlements ‘out of curiosity or from whence they could participate in reciprocal exchanges’4. Interactions with groups such as these were recorded by early settlers, including James White’s niece Sarah Musgrave. According to Sarah Musgrave thousands of Aboriginal people occupied the Young district at various times. She recounts some observed aspects of their lives, including preparation for a major feast where wallabies, kangaroo rats, paddy melons, possums and birds were cooked: … in rude ovens made in the ground. Holes were dug out into which coals and hot ashes were raked from a big fire that had been made close by. The animals were put intact into the holes, and more hot ashes were raked in on 1 Fox, P., 1996. Warrumbungle National Park. p.48 2 NSW Heritage Office, 1996. Regional Histories. p.132 3 Kabaila, P., 1996. Wiradjuri Places. The Lachlan River Basin. p.10 4 Kabaila, P., 1996. Wiradjuri Places. The Lachlan River Basin. p.10 High Ground Consulting 16.12.2015 (DRAFT) 11 Blackguard Gully, Young – Conservation Management Plan top of them, the holes afterwards being filled up with ashes and dirt. By this process, the animals cooked quickly, and when taken out, they were skinned, opened up, cleaned, and then eaten.5 Musgrave also noted some Aboriginal ceremonial practices, including elaborate corroborees held at Burrangong and adulthood ceremonies held at a bora ground located in the vicinity of the existing town of Wyalong6. Early settlement in the district by Europeans appears to have succeeded largely as the consequence of a co-operative relationship between local Aboriginal people and early settlers. On entering the district James White apparently negotiated possession of the land with a leader of the local Burrowmunditory people who was given the name ‘Cobborn Jackie’7. According to Musgrave Cobborn Jackie chose the site of White’s Burrangong homestead8 and guided his relationship with the local Aboriginal people. Cobborn Jackie and others also surveyed the routes of roads constructed by White to connect Burrangong to other nearby localities9. Groups of Aboriginal men also regularly applied their skills to cut and transport slabs of bark used for roofing by the Europeans10. This relationship appears to have been tempered by some distrust. Sarah Musgrave, White’s biographer, noted that the Aboriginal people were ‘afraid of firearms’. She wrote that ‘They knew no god but were always careful not to displease the devil’11. Her comments illustrate a relationship that appears to have been based on a mixture of kindness and harshness typical of many colonial relationships. In response to a situation of escalating violence on this and other frontiers of the colony Governor Gipps established the Native Police in 1839. Originally intended to protect all interests this force was allowed: … to operate to protect settlers. White officers in charge of Aboriginal troopers, had substantial independence of the local magistracies and operated in accordance with the tradition of the punitive expedition, which was common enough in establishing colonies.12 Members of the Native Police often misused their position to visit atrocities against the other Aboriginal people. Sarah Musgrave recounted one incident in which an innocent Aboriginal man was speared to death by a group under the command of a Native Police officer known as ‘Commissioner’ Bobby. This crime was perpetrated by Bobby after an unsuccessful expedition to capture the Namoi-based perpetrators of a kidnapping raid13. 5 Musgrave, S., 1984. The Way Back. p.15 6 Musgrave, S., 1984. The Way Back. p.20 7 Musgrave, S., 1984. The Way Back. p.2 8 Musgrave, S., 1984. The Way Back. p.3 9 Musgrave, S., 1984. The Way Back. p.9 10 Musgrave, S., 1984. The Way Back. p.15 11 Bayley, W., 1977. Rich Earth. History of Young New South Wales. p.17 12 Rowley, C.D., 1978. The Destruction of Aboriginal Society. p.39 13 Musgrave, S., 1984. The Way Back. pp.18-19 High Ground Consulting 16.12.2015 (DRAFT) 12 Blackguard Gully, Young – Conservation Management Plan During the 19th century Aboriginal people were increasingly employed on pastoral stations working in shearing, droving, mustering, crutching, boundary riding, fencing, clearing and domestic work. During the gold rushes Aboriginal people provided much of the reliable labour on many properties. As more intense pastoral and agricultural activity developed, gold rushes occurred, and subdivision of land increased the European population of the region a system of Aboriginal reserves was put in place. In 1909 the New South Wales government was empowered to take direct control of Aboriginal reserves under the provisions of the NSW Aborigines Protection Act. According to Faith Bandler this legislation: … was an Act that denied equality to the Aboriginal people, that made them second-class citizens. It meant that their lives could be dominated by station managers, that their homes could be entered by police, that if a friend asked them to share a quiet drink they could be arrested and gaoled.14 The provisions of the Aborigines Protection Act included a ban on the supply or consumption of alcohol. This ban lasted until the 1960s and was one of many small injustices that created resentment among the Aboriginal community. In western areas of the state many Aboriginal people moved between the smaller reserves following seasonal work. The development of stone fruit industries around Young attracted seasonal Aboriginal labour from various areas, including the Erambie Mission at Cowra. Reliable workers were engaged on an ongoing basis and many worked in family units. Prune pickers employed at ‘Clonnel’, Maimaru in the 1960s were one such family unit15. During the 1950s the official policy of governments changed from protection to assimilation. From this time Aboriginal people moved away from government reserves and into towns. 2.1.5 Ethnic Influences The variety of ethnic groups, which have occupied or passed through the Young district have left little concrete evidence of their interaction with the place. A number of people of non-English speaking background have had a remarkable impact on the economic development of the area. Outstanding among these is the economic influence of Croatian born Nicole Jasprizza and Italian Carlo Marina in the development of the fruit growing industry. Also prominent is the role of the cohort of German migrants who, after the 1860s gold rushes, played an important role in the development of commerce within the town of Young. German miners were prominent among those who travelled to the Lambing Flat gold rush. Many stayed and built businesses that have left an impact on the town of Young. Young’s Chinese Tribute Gardens are built around a dam originally constructed in the 1860s by Hermann and Johann Tiedemann and others to provide water for the Victoria Hill sluicing claim. 14 Bandler, F & Fox, L. (eds), 1983. The Time was Ripe. 15 Information supplied by Maree Lamb, February 2008. High Ground Consulting 16.12.2015 (DRAFT) 13 Blackguard Gully, Young – Conservation Management Plan Perhaps the most significant evidence of ethnic influence in Young lies in the substantial buildings created by the Catholic Church under the oversight of the Reverend Father Hennessy. St Mary’s Catholic Church and the complex of buildings surrounding it stand as a testament to the solidarity and faith of the district’s Roman Catholic community, which was largely drawn from Irish stock. The Chinese community has had an ongoing influence on the character of Young and its surrounds. The legacy of the old mining era includes the notoriety of the anti-Chinese riots of 1861 as symbolised in the ‘Roll Up’ flag. The presence of remnant water races in the hills around Young also provide a fading marker of Chinese ethnicity, as does the memory of Chinese market gardens. The ruins of Chinese single-jian dwellings, a style of venacular building over 1,000 years old, have been recorded on various rural properties around the Young district.. Following World War II Australian Chinese people tended to move from market gardening to café operation as a source of income16. A number of Chinese cafés and restaurants exist in Young. In a bizarre irony the most notably Chinese site in Young, Chinaman’s Dam, was actually constructed by German gold miners. This site later became associated with Chinese market gardening and is now the location of an ornate Chinese garden. Other ethnic influences are covered in Section 2.1.5 Migration. 2.1.6 Migration The first migrations of Europeans into the Young region occurred from the 1820s. James White is the district’s most celebrated pioneer settler. By the 1830s squatters were moving mobs of sheep and cattle from the Sydney through the Goulburn and Yass districts. Much of the large-scale immigration of the 19th and 20th centuries was generated by wars, rebellions and economic distress in various parts of the world. Upheavals of the 1840s and 1850s particularly affected Central Europe, including Germany, Italy, Ireland and China. It is not surprising therefore that many of the people who ventured their fortunes on the Lambing Flat goldfields were from these places. Chinese workers were present in some parts of the colony as early as the 1830s. The cessation of transportation of convicts in the 1840s created a shortage of cheap labour in New South Wales. This led to an increase in the ‘numbers of Chinese people arriving as indentured labourers to work as shepherds and irrigation experts’. It appears that all of these workers came from Fujian province. Some may have been kidnapped.17 Sarah Musgrave was quite shocked by the appearance of four Chinese men at Curraburrama Station some time around 1852. At the time she was unaware that there was ‘such a person in the whole of Australia’. These men were evidently fugitives from Thomas Icely’s property at Mudgee.18 16 Williams, M., 1999. Chinese Settlement in NSW a thematic history. p.10 17 Williams, M., 1999. Chinese Settlement in NSW a thematic history. p.4 18 Musgrave, S., 1984. The Way Back. p.44 High Ground Consulting 16.12.2015 (DRAFT) 14 Blackguard Gully, Young – Conservation Management Plan The gold rushes of the 1850s and 1860s led to increased immigration from many parts of the world with many coming from southern China in organised groups. In New South Wales the most prominent of these was the Yee Hing Brotherhood. This secret, triad-like organisation grew out of the disruption of the Tai Ping rebellion. This rebellion threw China into turmoil from about 1850. The Yee Hing organised groups of miners to come to Australia under a credit- ticket system. Under this system, individuals secured credit for their passage through personal contacts in their local communities or through supportive merchant houses, often against the security of property. Workers repaid their loans with interest over time.19 In was the role of societies such as the Yee Hing to ensure that debts were repaid by the immigrants once they arrived in Australia20. The Yee Hing operated from a base of local groups in regional communities. It eventually formed the Yee Hing Company and, in 1911, formed the Chinese Masonic Society21. Wilton notes that ‘by 1861 there were approximately 13,000 Chinese in New South Wales with 12,200 in the mining districts’22. When the Lambing Flat rush commenced in 1860 Chinese men flocked to these diggings in large numbers23. Lambing Flat became the scene of one of the most notorious interactions between European and Chinese miners (refer to Section 2.1.8 Law and Order). Events on the Lambing Flat field in 1861 have been linked closely with the passage of The Chinese Immigration Restriction Act24. Although repealed in 186725 this act has been recognised as one of the cornerstones of the later White Australia Policy. Chinese miners were not the only distinctive ethnic group on the gold field. Contemporary accounts record large groups of Irish and German miners. Mark Hammond’s memoir of the Burrangong gold field included descriptions of the territorial behaviour of some groups of Irish miners. Hammond took up a claim at the foot of Chance Gully in the midst of an area dominated by ‘Donegallers’: I soon found the reason for the excess of ground being left unchallenged. Those in possession were all Donegallers who carried terror with them wherever they went. … The reasons the Donegallers appeared to be unfriendly to the natives (Australian born miners) I have never heard explained. It is my own opinion that they envied them their popularity as horsemen, cricketers, dancers and in all kinds of sports, and in particular the greater attention paid to them by the Australian girls. In all these the Donegallers had to take a back seat, and this made them both sullen and spiteful.26 19 Fitzgerald, J., 2007. Big White Lie. p.62 20 Fitzgerald, J., 2007. Big White Lie. p.64 21 Fitzgerald, J., 2007. Big White Lie. pp.81-82 22 Wilton, J., 2004. Golden threads. p.12 23 Wilton, J., 2004. Golden threads. p.12 24 McGregor, H. & J., 1999. Roll Up. p.106. 25 Williams, M., 1999. Chinese Settlement in NSW a thematic history. p.31 26 Hammond, M., 1988. Remembered With Pride. pp.76-77 High Ground Consulting 16.12.2015 (DRAFT) 15 Blackguard Gully, Young – Conservation Management Plan Immigrants from other places would also have an impact on the district. Carlo Marina, an Italian, former member of Garibaldi’s revolutionary army of 1848 and prisoner of the Austrians and Germans, set up a butchery in Main Street, Young in 1860 and subsequently ‘became a renowned pioneer fruit grower and orchardist’27. Nicole Jasprizza, an immigrant from the Austro-Hungarian Empire, is remembered as having established the commercial cherry orcharding industry in the district. Germans were a significant cohort of the gold miners drawn to Lambing Flat in the early 1860s. Many of these miners stayed in the district to become active and influential members of the business community and contributed to the development of the local economy. Among these were Hermann and Johann Tiedemann who, with others, established the Victoria Hill sluicing claim in the 1860s and constructed the reservoir now known as Chinaman’s Dam. After the gold rush era great effort was put into clearing large tracts of land to foster pasture growth. Gangs of Chinese labourers were employed across the west to ringbark trees and carry out the three to four years of sucker bashing required to ensure no regrowth occurred. These gangs travelled from property to property, generally camping near a source of water.28 Restrictions on land ownership by immigrants from China encouraged their pursuit of opportunities not dependent upon access to land and established a long association with retail and commercial enterprise. This trend was reinforced by a narrowing of employment opportunities for Chinese people after 1901 that saw a ‘dramatic collapse of the NSW rural (Chinese) population in the early years of the 20th century’29. In the late 19th and early 20th centuries some Chinese migrants established ‘stores and other businesses to supply … customers throughout’ the colony30. Many Chinese immigrants established market gardens that provided a valuable service to the European residents of the district. In her history of the Chinese in New South Wales Janis Wilton quoted the recollections of Young district resident Lyster Holland: … after the gold pegged out, a lot of these Chinese stayed in the district. They had shops here in town. … every district had a Chinaman garden. Anywhere there was a dam or creek where they could get a bit of water, and they worked damned hard. They lived there under stressful conditions, living in little huts. I remember old Jimmy, an old neighbour of ours, a Chinaman, had his garden there and he’d load his cart overnight, before daylight in the morning walked his horse to go round all the farms, round the sawmills, round the road gangs, round the shearing sheds, and round the villages. ‘Cause in those days people didn’t have water to grow much 27 Bayley, W., 1977. Rich Earth. History of Young New South Wales. p.95 28 Buxton, G., 1967. The Riverina 1861-1891 An Australian Regional Study, pp.247-248 29 Williams, M., 1999. Chinese Settlement in NSW a thematic history. p.36 30 Williams, M., 1999. Chinese Settlement in NSW a thematic history. p.20 High Ground Consulting 16.12.2015 (DRAFT) 16 Blackguard Gully, Young – Conservation Management Plan vegetables, and these Chinamen they’d provide us with veg. They were our main supplier of vegetables … they were a great asset to the district.31 Other Chinese settlers established retail businesses in Young. Accounts of the 1861 riots indicate that Chinese traders were active in the town at this stage. Others settled in the town later in the 19th century and operated a variety of businesses. The law required that they be naturalised before they could officially own and operate a business. Park Yuk and Con Lee were two Chinese storekeepers who applied for naturalisation. Park Yuk had arrived in New South Wales from Canton in 1864 and applied for naturalisation in 1873. At that time he was trading as a storekeeper at Young. 32 Con Lee had arrived in New South Wales in 1857 at the age of 18. He was working as a storekeeper in Young when he applied for naturalisation in 1882.33 On Lee & Co was a major retailer in Young in 1875 and this company held a large parcel of shares in Young Cooperative Roller Flour Mill34. Young also hosted a relatively large Jewish community who arrived during the gold rushes. Lazarus Cohen arrived in Young in 1860 and was followed by others including the Meyers/Myers family and the Isaacs family. David Isaacs Myer was the son of Rabbi David Myer Isaacs, a renowned orator and the first Rabbi in England to deliver his sermons in English. David lived at Young in the 1860s where he worked for ‘The Miner and General Advertiser’. An able journalist and powerful orator, he served as secretary of the Burrangong Race Club and founded the Burrangong Amateur Dramatic Society. He was also President of the Burrangong Prospecting Association and the Diggers’ Mutual Society. David organised a committee for the relief of the ‘Victims of the Recent Murderous Outrage’. He was also ‘active in pressing for better police protection of gold transports and for better roads in the area’.35 The mid 19th century saw an exodus of people from German states affected by the conflict and famines of the 1840s and 1850s. A number of these emigrants came to Australia, many seeking out opportunities to establish vineyards and small farms. The Anglo-Celtic population of the area grew after certainty was applied to land titles from the late 1830s and station owners began to move into the district with their families. As development and trade increased people moved from other parts of New South Wales. Moves towards closer settlement ensured that this inward movement of population continued well into the 1950s. Free selection and later soldier settlement saw people moving into the area from other farming areas that were undergoing rural restructuring. 2.1.7 Environment: Cultural Landscape The Young Shire contains a number of cultural landscapes that represent varying phases of the development of the economy and communities of the 31 Wilton, J., 2004. Golden threads. pp.29-30 32 Chinese Naturalisation Database – Certificate No: 085 Park Yuk 33 Chinese Naturalisation Database – Certificate No: 035 Con Lee 34 Starrs, C., 1988. Gold Drop. p.51 35 Bergman, G., 1982. ‘Jacob Myer Isaacs’. p.244 High Ground Consulting 16.12.2015 (DRAFT) 17 Blackguard Gully, Young – Conservation Management Plan shire. Three types of landscape represent important aspects of the local economy. These are: • Remnant landscapes of alluvial gold mining, • Pastoral landscapes, • Fruit growing landscapes. Blackguard Gully contains a typical remnant landscape of alluvial gold mining. Such landscapes are difficult to interpret. The general characteristics of these landscapes are described below. It is often assumed by the casual observer that landscapes such as Blackguard Gully or the Krebs Lane gold diggings are the product of a single event or movement. This conception is commonly and often falsely applied to former mining landscapes. In 1991 Ritchie identified the problem presented to archaeologists in reading these areas: Those who are familiar with the mining history of specific regions will be aware of … examples of alluvial or hardrock mining sites which at first glance appear to be one interconnected contemporaneous system but in reality were not the product of single events or of one party’s activities. Rather they evolved as a result of a succession of mining operations on the same claim.36 A number of archaeological studies of long-lived alluvial gold mining areas have sought to describe the evidence of various types of gold mining activity. During the early 1990s Susan Lawrence undertook a detailed study of the alluvial workings at Dolly’s Creek southeast of Ballarat in Victoria. This area had been worked from 185737. During field surveys Lawrence and her associates recorded ‘hundreds of shafts … together with water races, dams, sluices and fireplaces’38. Like many other alluvial goldfields this area had been worked over an extended period of time with varying and increasingly sophisticated mining methods. These methods, and associated archaeological evidence, were described by Lawrence as follows: Mullocky or hummocky ground – 1857 to 1860s Mullocky ground results from shallow sinkings where a number of shafts are sunk in close proximity and the paydirt is washed nearby in a cradle or sluice box. … Generally this landscape is characteristic of the earliest phase of mining where the richest ground can be worked at a profit in a relatively inefficient manner.39 Mullocky or hummocky ground is visible on high ground near Krebs Lane and within the Blackguard Gully area. 36 Ritchie, N., 1991. ‘Is There an Optimum System? The Recording and Assessment of Historic Mining Sites.’ p.39 37 Lawrence, S., 2000. Dolly’s Creek: An Archaeology of a Victorian Goldfields Community. p.77 38 Lawrence, S., 2000. Dolly’s Creek: An Archaeology of a Victorian Goldfields Community. p.73 39 Lawrence, S., 2000. Dolly’s Creek: An Archaeology of a Victorian Goldfields Community. p.78 High Ground Consulting 16.12.2015 (DRAFT) 18 Blackguard Gully, Young – Conservation Management Plan Sluicing (ground sluicing) – 1861 to c.1874 At Dolly’s Creek it was demonstrated that sluicing post-dated earlier shaft sinking. Lawrence noted that ‘later sluicing of such (hummocky) ground is often successful because of pockets of unexcavated wash dirt left between shafts and because of lost gold in the tailings’40. Sluices tended to cut through earlier worked hummocky ground41. Blackguard Gully, Krebs Lane gold diggings and the banks of Milkmans Creek show evidence of ground sluicing activity. Hydraulic sluicing – late 1870s to 1890s Hydraulic sluicing was introduced from California in the late 1870s. This process is described as ‘voracious: the strip mining of the nineteenth century, it destroyed everything in its path’42. Hydraulic sluicing could also leave remnants of previous alluvial workings in exposed ground. The lower sections of the Krebs Lane gold diggings demonstrate the dramatic impact of hydraulic sluicing on the landscape. Barry McGowan has undertaken extensive study of the Shoalhaven River goldfields and has used his experience in this region to define a typology of alluvial gold mining. The Shoalhaven goldfields were worked in four major phases of activity as follows: • Phase 1: 1869 to about 1875 • Phase 2: 1888 to 1896 • Phase 3: 1907 to about 191143 • Phase 4: 1930s44 Mining in this area included some reef mining but largely consisted of alluvial mining. McGowan has described six types of evidence of alluvial mining represented on this field. Type A: Heavily scoured creek beds and banks This type generally represents pan and cradle working along watercourses. It comprises scoured creeks surrounded by shallow shafts or ‘rounded piles and hummocks of wash dirt and soil’45 and includes the mullocky ground described by Lawrence. Type B: Shallow surfacing Evidence of this type of working consists of ‘auriferous dirt stripped to bedrock … at a very shallow level.’ These areas have been ‘sometimes 40 Lawrence, S., 2000. Dolly’s Creek: An Archaeology of a Victorian Goldfields Community. pp.78-79 41 Lawrence, S., 2000. Dolly’s Creek: An Archaeology of a Victorian Goldfields Community. p.79 42 Lawrence, S., 2000. Dolly’s Creek: An Archaeology of a Victorian Goldfields Community. p.87 43 McGowan, B., 1992. ‘Aspects of Gold Mining and Mining Communities in the Shoalhaven Area of New South Wales: An Archaeological and Historical Study.’ pp.46-48 44 McGowan, B., 1992. ‘Aspects of Gold Mining and Mining Communities in the Shoalhaven Area of New South Wales: An Archaeological and Historical Study.’ p.43 45 McGowan, B., 1996. ‘The Typology and Techniques of Alluvial Mining.’ p.34 High Ground Consulting 16.12.2015 (DRAFT) 19 Blackguard Gully, Young – Conservation Management Plan worked by common sluicing’ where possible.46 The landscapes of Krebs Lane and Blackguard Gully show evidence of shallow surfacing Type C: Paddocking This method of alluvial mining was generally applied where the alluvial wash was boulder free. It consisted of ‘… a method of working a small area of alluvium by the excavation of the whole mass leaving a large pit.’47 Type D: Tailing mounds ‘… elongated mounds of river worn stone, piled there after working of the face and floor of the diggings.’ Stones stacked in this way were often, although not always, used to line the sides of races or small dams. They could also be arranged to act as sluices or hold sluice boxes. These types of mounds can either be piled randomly (Type D1) or stacked very neatly (Type D2).48 Type E: Narrow trench-like shafts These narrow shafts, otherwise known as drift shafts, ‘are characteristic of high level auriferous drifts’. They were worked with pan and cradle.49 Remnants of these types of workings are visible at Krebs Lane. These shafts can either be rectangular (Type E) or round (Type E2)50. Type F: Drift tunnels cut into the face of the workings These ‘occurred primarily in common sluicing claims where it was impractical to get at the wash by any other means.51 2.1.8 Mining Aboriginal people were engaged in mining for centuries before the European occupation of Australia. Minerals were extracted to make stone tools and in some places ochres and clays were also mined. Minerals commonly used for toolmaking were quartz, silcrete, flint, obsidian, chalcedony and quartzite52. Many of these minerals were traded over long distances. Young experienced a major gold rush when alluvial gold was discovered at Lambing Flat on Burrangong Station in 1860. According to Thomas White gold was first discovered “by a man called Portuguese Dick” and a stock keeper named Mick Sheedy53. The area of alluvial gold was soon found to be extensive, some 20 by 16 kilometres’ square. Miners flocked from other goldfields and by October 1860 1,500 men were working the area. By April 1861 this had grown to 10,000.54 This goldfield was the site of one of the most notorious incidents of the Australian gold rushes. The Lambing Flat anti-Chinese riots of 1861 led directly to the Colonial government passing Chinese immigration restriction 46 McGowan, B., 1996. ‘The Typology and Techniques of Alluvial Mining.’ p.35 47 McGowan, B., 1996. ‘The Typology and Techniques of Alluvial Mining.’ p.36 48 McGowan, B., 1996. ‘The Typology and Techniques of Alluvial Mining.’ p.36 49 McGowan, B., 1996. ‘The Typology and Techniques of Alluvial Mining.’ p.37 50 McGowan, B., 2003. ‘The archaeology of Chinese alluvial mining in Australia.’ p.16 51 McGowan, B., 1996. ‘The Typology and Techniques of Alluvial Mining.’ p.37 52 Mulvaney, J. & Kamminga, J., 1999. Prehistory of Australia, pp.213-214 53 “101 Not Out”, The Grenfell Record and Lachlan District Advertiser. 8 February 1918 54 NSW Heritage Office, 1996. Regional Histories. p.141 High Ground Consulting 16.12.2015 (DRAFT) 20 Blackguard Gully, Young – Conservation Management Plan legislation. (Refer to Section 2.1.5 Migration and Section 2.1.8 Law and Order.) The Lambing Flat gold field was an almost exclusively alluvial field with no substantial reef gold being found. Alluvial gold mining, in which quantities of gold are found in the silt of ancient river beds, required little capital investment and was classically referred to as ‘poor man’s diggings’. Alluvial gold rushes attracted large numbers of small prospectors who tried their luck then moved on to other rushes as these developed. Arriving at a new field these miners, often working in pairs or family groups, pegged out claims ten feet square ‘on any promising spot that was not already pegged’55. The first job was to sink a hole – about four feet square. In a two-man party one worked below, digging and filling buckets. The other hauled up the buckets on a rope or, with less effort, by windlass, and tipped the mullock onto an ever-growing heap. When the hole eventually ‘bottomed’ the man below carefully shovelled up the wash dirt and sent it to the top. With his Bowie knife he scraped along small ridges and crevices in the bed of the rock for in them much of the gold could be deposited. On a one or two man claim the ‘washing stuff’ was stock piled. Saturday was the usual ‘washing- up’ day.56 Figure 2.1: The Lambing Flat (Young) Gold Field in 1862. (Lambing Flat Folk Museum) The rush petered out fairly quickly with many prospectors moving on to new rushes at Forbes in 1861, Grenfell in 1866 and other rushes in New Zealand. 55 McGregor, H.&K., 1999. Roll Up. p.22 56 McGregor, H.&K., 1999. Roll Up. p.23 High Ground Consulting 16.12.2015 (DRAFT) 21 Blackguard Gully, Young – Conservation Management Plan More capital-intensive reef mining commenced in the area in 1862, with an ore- crushing mill being erected at Chance Gully in the north of the field.57 As Bayley noted in his history of Young by1864: The number working had diminished and the amount of gold won was steadily decreasing. The gold found on the field was always fine with no nuggets and the need for more water for sluicing became more pressing as the gold became harder to find. Gold sent by escort in 1861 was 109,879 ounces and in 1862 reached its peak of 124,648 ounces. It then decreased by half each year until by August, 1865 it was reported that ‘Burrangong as a goldfield was on its last legs’ …58 Some desultory mining activity continued with some stamper batteries being installed in the late 1860s to process quartz deposits. In the second gold boom that occurred in 1870 two companies were formed to carry out larger scale alluvial mining operations. The Belmore Gold Mining Company worked Burrangong Creek and the Telegraph Gold Mining Company worked Oppossum Flat ‘one mile below the junction of Main and Spring Creeks. Mining activity was heavily dependent on the availability of surface water and tended to drop off during dry periods. By the mid 1870s Mining Wardens and Registrars were reporting that most mining was undertaken as a part-time operation, with those engaged in the activity taking up other occupations to support themselves and their families. Some Chinese miners were eking out an existence fossicking in the old alluvial fields. Plate 2.1: Ground sluicing in the Victorian goldfields in the 1880s. Shovels of sludge were thrown in the sluice, allowing the heavier gold to settle in catches at the base of the channel. (Dept of Economic Development, Jobs, Transport & Resources, Victoria [Onine] http://www.energyandresources.vic.gov.au/about-us/publications/virtual-exhibition/gold-diggers/gold-diggers- gallery/large?result_page=6) 57 NSW Heritage Office, 1996. Regional Histories. p.141 58 Bayley, W., 1977. Rich Earth. History of Young New South Wales. p.38 High Ground Consulting 16.12.2015 (DRAFT) 22 Blackguard Gully, Young – Conservation Management Plan In 1877 Young Division Mining Registrar J.R. Edwards described mining methods in most derogatory terms: … gold is extracted in the most primitive and slovenly manner, the earth being thrown into a race or ground-sluice, and the water allowed to rush over it, the gravity of the gold being wholly trusted to prevent its being washed away. When the water is turned off or ceases to run, the residuum is collected, cradled and panned off. Edwards predicted that these practices resulted in the loss of much valuable ore.59 By the early 1880s a number of small partnerships were undertaking sluicing operations with varying degrees of success. The Burrangong Gold Mining and Prospecting Company undertook underground exploration ‘three miles north- west of Young’ in 188360, opening an 80metre tunnel through solid granite61. Around 1885 investors from the Victorian goldfields with experience in working alluvial fields injected new energy into mining operations. The North Burrangong Company and South Burrangong Company were formed and failed in the same decade. The Burrangong Steam Sluicing Company was formed in 1887 to carry out sluicing operations in Burrangong Creek and some sluicing was undertaken at Victoria Hill (refer to Section 2.1.8.1 Mining in Blackguard Gully). The ‘Day Dawn Gold Mining Company was active in 1892’.62 As in other parts of New South Wales the economic depression of the 1890s led to a resumption of gold mining activity. The colonial government encouraged unemployed men to prospect for gold and many left Sydney to seek a meagre living on the colony’s otherwise abandoned gold fields. In 1895 men were prospecting on Spring Creek and by mid May of that year 300 miners were working on Tout’s Rush at Irish Jack’s Creek. This increase in activity encouraged investment in larger ventures and the South Burrangong Gold Mine was re-opened in 1895.63 This operation closed in 189664. In 1896 a partnership of local business people, including George Cranfield, formed the Garibaldi Gold Mining Company. This company acquired a lease at Stoney Creek ‘six miles (nearly 10km) south-west of Young’65. It had failed by 189766. By the end of the 1890s two companies were formed to undertake gold dredging in Burrangong Creek. These were the Travers Jones Gold Dredging and Sluicing Company and the Burrangong Gold Dredging and Sluicing Company.67 The latter company floated a large steam dredge, ‘The Burrangong’, on a purpose-built dredge pond constructed on a tributary of the creek 3.2 kilometres west of Young68. Steam dredges were introduced in the late 19th century to process large volumes of low yielding alluvial wash. They raised the wash from the floor of the 59 Department of Mines Annual Report 1877. pp.126-127 60 Bayley, W., 1977. Rich Earth. History of Young New South Wales. pp.39-40 61 Forbes, W., 2003. Bow Bells to Burrowa Street. p.239 62 Bayley, W., 1977. Rich Earth. History of Young New South Wales. p.40 63 Forbes, W., 2003. Bow Bells to Burrowa Street. p.239 64 Forbes, W., 2003. Bow Bells to Burrowa Street. p.247 65 Forbes, W., 2003. Bow Bells to Burrowa Street. p.245 66 Forbes, W., 2003. Bow Bells to Burrowa Street. p.246 67 Forbes, W., 2003. Bow Bells to Burrowa Street. p.267-268 68 Forbes, W., 2003. Bow Bells to Burrowa Street. p.288 High Ground Consulting 16.12.2015 (DRAFT) 23 Blackguard Gully, Young – Conservation Management Plan pond ‘by continuous buckets or suction pipe’, and passed it through screens, jigs and sluice boxes to recover gold69. After some early success this venture failed in 1903. Another venture tried to revive dredging in 1906 but this also failed.70 There were some unsuccessful attempts to revive gold mining during the Great Depression of the 1930s under New South Wales Government unemployment relief programmes71. 2.1.8.1 Mining in Blackguard Gully During the 1860 gold rush one gully on the eastern side of Victoria Hill near the eastern end of the goldfield became the haunt of “shanty-keepers and bad characters”. For this reason it became known as Blackguard Gully.72 According to Ross Maroney many travellers had been held-up in the area73. It is logical that this area would attract those intent on seeking advantage from new arrivals as it was the first part of the Lambing Flat Gold Field reached by those travelling from Boorowa. During the first rushes of 1860-1861 hopeful miners were drawn from goldfields south and east of Lambing Flat and entered the area through Boorowa and Murringo. Plate 2.2: A sly grog shanty in the Victorian goldfields illustrated by S.T. Gill. (State Library of Victoria) A possibly apocryphal account published in the Dubbo Daily Liberal in 1895 described the origins of the name Blackguard Gully as follows: Shortly before the Christmas of 1860 a party of diggers from Mount Welsh 69 Pearson, M & McGowan, B., 2000. Mining Heritage Places Assessment Manual, p.93 70 Bayley, W., 1977. Rich Earth. History of Young New South Wales. p.40 71 Bayley, W., 1977. Rich Earth. History of Young New South Wales. p.40 72 “101 Not Out”, The Grenfell Record and Lachlan District Advertiser. 8 February 1918 73 Maroney, R., Undated. A Short History of the Lambing Flat Gold Rush 1860-1861. p.7 High Ground Consulting 16.12.2015 (DRAFT) 24 Blackguard Gully, Young – Conservation Management Plan on the Rocky River, New England found their way … to the newly discovered gold field. … The New England party … camped on a creek on the Meringo (sic) road, about three miles out from the embryo township of box bark and calico shanties and tents. A few parties were camped on the unnamed creek, and after supper a tall slab-sided New Englander strolled over to one of the comp fires to ask, where abouts the township lay, the only person visible was a short thick dumpy Irishman with brilliant red hair, in such an advanced stage of drunkenness that he had been unable to follow his mates to the shanty a little lower down the creek. To the inquiry of the stranger as to what the place was called he replied with the tipsy gravity of intoxication and the ready wit of his country "Thish is Blackguard Gully, and Blackguard Gully is the town of all operations." When next day the travellers found their way in to the stores in the main street to replace supplies exhausted by their journey, they were asked where they were camped, and replying in all simplicity "Blackguard Gully," the name was at once adopted and became as historic as Peg Leg at Bendigo, the Devil's Hole at Meroo, or Hill End at Tambaroora. A party of Germans having struck a run of very fair alluvial wash running up from Blackguard, as it came later on to be called, and some New Zealanders from Wanganui having “dropped on it right" just above them in about twenty foot sinking, a small rush took place, but as the area of payable ground was very limited there was never more than about twenty claims.74 In his account of the gold rush Ross Maroney recorded that Commissioner Dixon had placed Chinese miners in this area ‘to keep them separate from the Europeans”. When news spread that a party of Chinese miners had obtained 80 ounces of gold “from the bottom of their shaft Europeans rushed in to stake their own claims. 75 Claims on the rich Victoria Hill section of the goldfield were heavily contested with claims limited to “ten square feet per man”. “The sinking was from seven to thirteen feet; these claims were worked out in three weeks; and from £300 to £400 a man netted.”76 The intense competition generated by these conditions exacerbated resentment of the Chinese miners working this part of the field. The memoir written for the Dubbo Daily Liberal in 1895 made it clear that, in Blackguard Gully, disputes over water increased the potential for violent conflict.77 Blackguard Gully was one of the localities in which systematic violence was visited on Chinese prospectors. According to Thomas White “a lot of Chinamen were murdered in Blackguard Gully”78. After the initial rioting of February 1861 (refer Section 2.1.8 Law and Order) Colonial Premier Cowper ordered that part of Blackguard Gully be allocated to Chinese miners. Much of the anti-Chinese violence that occurred in June 1861 was focused on Blackguard Gully and Victoria Hill. 74 “Lambing Flat Riots. The Real Story of Blackguard Gully”, The Dubbo Liberal and Macquarie Advocate. 27 February 1895 75 Maroney, R., Undated. A Short History of the Lambing Flat Gold Rush 1860-1861. p.7 76 “Mining News. Burrangong or Lambing Flat”, Evening News (Sydney). 19 April 1870 77 “Lambing Flat Riots. The Real Story of Blackguard Gully”, The Dubbo Liberal and Macquarie Advocate. 27 February 1895 78 “101 Not Out”, The Grenfell Record and Lachlan District Advertiser. 8 February 1918 High Ground Consulting 16.12.2015 (DRAFT) 25 Blackguard Gully, Young – Conservation Management Plan Like other parts of the goldfield Blackguard Gully was the scene of desultory mining activity throughout the 1860s. Mining Registrars’ reports of the 1870s and early 1880s make no mention of mining activity in the Blackguard Gully area, although mining was continuing on other parts of the field. It is possible that ground sluicing had commenced in the Blackguard Gully area in 1870. A report on mining on Victoria Hill published in 1887 indicated that mining claims in the gully had been “originally taken up in 1870 and worked by water races” 79. It is highly likely that that the water races belonged to Irish Immigrant Patrick Fitzgibbons. Patrick Fitzgibbons, a native of Tipperary, Ireland, arrived in Lambing Flat during the initial gold rush and continued alluvial mining for the remainder of his life. Greville’s Post Office Directory of 1872 listed Patrick as a farmer living at Victoria Hill, Young80. From around 1874 Fitzgibbons took up a number of mining tenements in Blackguard Gully “in the vicinity of Victoria Hill” and obtained freehold title to portions surrounding the leasehold area of Blackguard Gully. Fitzgibbons’s freehold land included blocks along the southern side of Victoria Gully. One long sluicing race was constructed from a dam located at least 700 metres up Victoria Gully to Blackguard Gully81. Figure 2.2: Plan of Portion 1138 purchased by Patrick Fitzgibbon in 1889. This plan clearly shows a race carrying water from the higher levels of Victoria Gully to the sluicing area in Blackguard Gully. Adjoining Portions 1135, 1136 & 1137 were offered for sale in July & August 1888 (Cootamundra Herald 11 August 1888). This race was possibly constructed in the 1870s and was shown on title deeds until at least 1970. (Grant Upon Purchase of Improved Crown Lands Volume 927 Folio 30) 79 “Australian Town and Country Journal 3 September 1887 80 Greville’s Post Office Directory 1872.[Online] http://archiver.rootsweb.ancestry.com/th/read/GENANZ/2003-01/1042107762 81 Grant Upon Purchase of Improved Crown Lands Volume 927 Folio 30, Certificate of Title Volume 11477 Folio 137 High Ground Consulting 16.12.2015 (DRAFT) 26 Blackguard Gully, Young – Conservation Management Plan Newspaper reports published around this time noted that Fitzgibbons “owns and lives near a large dam, a short distance out of town”82. From around 1881 Fitzgibbons began to take out mortgages on his freehold property with the Bank of New South Wales.83 The Department of Mines Annual Report for 1881 noted that “Messrs. Lyons and Fitzgibbons” were preparing to use the government boring machine allocated to Young on their claim at Victoria Hill84. It is assumed that Fitzgibbons had mortgaged his properties to construct ground sluicing infrastructure within his mining leases. On 18 August 1887 John George Gough “and party starting sluicing in their claim on Victoria Hill”. The claims covers about 14 acres, the dirt averaging about 8ft. in depth. Water is raised by a Tangye pump from a dam. It is raised about 40ft. and carried about 2,000ft. to the present workings, and by means of races brought back again to the dam, where it is filtered previous to being used again. Dirt taken from any portion of the claim gives excellent prospects.85 John George Gough had come to the Lambing Flat gold diggings with his widowed father in 1860. Only 13 when his father died in 1861 Gough started prospecting for gold on his own and worked on various fields around the region. During the 1870s he began working as a builder and began contracting in his own right. He was responsible for the construction of some of Young’s grand buildings, including the Court House and Railway Station. He was elected to the NSW Legislative Assembly in 1889 and served as MLA for Young until 1894.86 From around 1889 until 1897 he was Managing Director of the South Burrangong Gold Mining Company, which was working deep leads in another part of the goldfield. Department of Mines reports from 1887 indicate that: On Victoria Hill, Messrs Gough & Company have placed a steam engine on their claim, of 18 acres, for pumping water from a level lower than their workings. The water is conveyed through 1,500 feet of box-race, and the same length of 4-inch piping. Only one pick employed, yet during the past five weeks’ labour 45 oz. of pure gold have been obtained.87 The Gough & Company operation was also referred to as the Burrangong Steam Sluicing Company. Reports on the company’s activities indicate that it was employing hydraulic sluicing methods, using a six-inch water jet88. 82 “The Bunyip Again”, Evening News (Sydney). 14 August 1875 83 Grant Upon Purchase of Improved Crown Lands Volume 173 Folio 6 84 Department of Mines Annual Report 1881. p.52 85 Sydney Morning Herald 19 August 1887 https://www.parliament.nsw.gov.au/prod/parlment/members.nsf/1fb6ebed995667c2ca256ea10082516 4/b3ed18d239331c5bca256e30007ff862?OpenDocument 86 “Mr J.G. Gough. M.L.A. for Young”, Australian Town & Country Journal 2 March 1889; Mr John George Gough (1848-1907) [Online] https://www.parliament.nsw.gov.au/prod/parlment/members.nsf/1fb6ebed995667c2ca256ea10082516 4/b3ed18d239331c5bca256e30007ff862?OpenDocument 87 Department of Mines Annual Report 1887. p.65 88 Australian Town and Country Journal 10 December 1887 High Ground Consulting 16.12.2015 (DRAFT) 27 Blackguard Gully, Young – Conservation Management Plan In 1888 the Victoria Hill Sluicing Gold-Mining Company, Young, Limited was floated with a capital of £20,000 by John Gough and others to “develop an area of twenty acres now being profitably operated upon with limited sluicing machinery”. This area was described as “a low ridge between Sawpit and Blackguard Gullies, two of the main tributaries of Burrangong Creek”. The Directors listed in the prospectus included: • Managing Director John George Gough, contractor, Young, • Provisional Directors o John Ahearn, railway contractor, Sydney, o James Angus, railway contractor, Sydney, o Edward Taylor J.P., grazier, Young, o George Fishburn, railway contractor, Sydney, o John Forsyth J.P., merchant, Young. The company’s Legal Manager and Broker was A. Armstrong of 70 Pitt Street, Sydney.89 Like Gough, Edward Taylor had worked on the Lambing Flat Gold diggings during the first gold rush. Taylor, a tough and independent man, was prospecting on Burrangong Creek in 1861 when anti-Chinese rioting began. Despite attempts at coercion by fellow diggers he refused to take any action against Chinese miners. After the riots Edward moved to McHenry’s Creek where he “started dairying and butchering”. By the 1880s he was farming land on McHenry’s Creek north of Young, was actively involved in civic affairs and had been a member of the Young Railway Committee.90 The Victoria Hill Sluicing Gold-Mining Company’s prospectus was accompanied by a report prepared by Robert Matteson Vaughn M.P., who “had many years’ experience in California and in the principal alluvial fields of the colony”. Vaughn described the proposed mining area as follows: The claim is situated about three-quarters of a mile easterly from the town, upon a low ridge between Sawpit and Blackguard Gullies, two of the main branches of Burrangong Creek, which was worked for alluvial gold many years ago, and was then known as the Lambing Flat Goldfield, being one of the richest alluvial deposits ever worked in New South Wales. The property consists of 20 acres of granitic alluvial deposit, varying from 4ft. to 20ft. in depth, or an average of 12ft. over the whole area, resting upon a soft granite bed-rock, which, I may state, is peculiarly favourable for retaining gold, and calculated to facilitate ground-sluicing operations. Prospects were taken in my presence by panning from the surface to the bedrock, and good sluicing prospects obtained from all of them, and, from my experience in mining of this description, I have no doubt that when a sufficient stream of water is brought upon the ground to work it in an efficient manner, the result will justify the high opinion the public und yourselves have formed of the value of your property. About three acres of this ground has been superficially worked in the early 89 Sydney Morning Herald 22 March 1888 90 “Mr Edward Taylor J.P. of Young (A character sketch by ‘Indaba’)”, Australian Town & Country Journal 19 July 1905 High Ground Consulting 16.12.2015 (DRAFT) 28 Blackguard Gully, Young – Conservation Management Plan days of the goldfield by sinking and driving. The whole of this will pay well for sluicing, as only the richest wash dirt was then taken out, leaving the pillars and headings in the ground. In confirmation of this, I may state that I saw a dwt. of gold washed out of one dish of washdirt taken from a piece of unworked ground in this part of the claim. ... The present working plant consists of a 22h.p. Cornish boiler and steam pump, with cylinder 12in. diameter and 24in. stroke, with 1500ft. of 4in. wrought iron gas piping laid from pump to the claim, all new and in good working order. The tail-race is about 1400ft. in length, cut to a depth of an average of 14ft., and boxed in with sawn timber; by extending this as the workings progress the whole of the ground can be worked through this race. There are six reservoirs now constructed, and water rights secured to each. I would recommend the construction of two others, one in Petticoat Gully and another in Sawpit Gully; if this were done and two of the existing ones raised upon there would be a sufficient supply of water conserved for a bigger plant for the whole of the year; in any case there is an abundant supply of underground water at the pumping station, which can be made available by sinking a sump or well-hole ; and by building a retaining dam across the creek below the pump the used water may be allowed "to settle, and then be returned to the pumping dam for re-use”. Water, during the winter months, might be supplied by gravitation by cutting a water-race about one and a half miles in length, with 500ft. of galvanised iron fluming, and 60ft. of 18in. cast-iron pipes. This can be done at a cost of about £150. The facilities for clearance of tailings are complete from the natural position of the claim; and the creek bed lying considerably lower than the claim, affords ample outlet for the clearance, even if required within half the time estimated to sluice the whole area. I would, however, recommend that a pump, large enough to supply three sluice-heads of water, be substituted for the present one, and an additional steam boiler, if necessary, with 9in. delivery pipe. If this were done, I have no doubt your property will give a handsome return for the outlay. The infrastructure described by Vaughn appears to be the same as the infrastructure described on Messrs. Gough & Company’s lease in the 1887 Department of Mines Annual Report. According to the report provided for 1888 by Mining Warden S. Robinson “the Victoria Hill Sluicing Company, known as Gough’s claim, for one man working fifty days has given 60oz. of gold”. Operations were suspended in late 1888 “owing to the drought”91 and there is no mention of the Victoria Hill Sluicing Company in the Mines Department Annual Report for 1889. 91 Department of Mines Annual Report 1888. pp.78, 79 High Ground Consulting 16.12.2015 (DRAFT) 29 Blackguard Gully, Young – Conservation Management Plan It appears that Patrick Fitzgibbons, owner of substantial freehold title around Blackguard Gully, took up the leases vacated by the Victoria Hill Sluicing Company from around 1891. In February 1895 he was appointed as a Trustee of the Young Commons92. Patrick shot himself in April 1895 and, with a coroner’s finding of suicide, the Roman Catholic Church refused him burial in consecrated ground93. Fr. Jerome Kennedy of Albury, Roman Catholic Clergyman and John English, grazier of Young had been appointed executors of his will94 and took control of his freehold land. Following the discharge of a mortgage the property was transferred Fitzgibbons’ son-in-law William Thomas O’Connell.95 Patrick Fitzgibbons’ leases were also taken up by William Thomas O’Connell around the same time. O’Connell, a native of County Clare, Ireland had come to New South Wales after having lived for some years in Cape Colony. He arrived in Lambing Flat “shortly after gold was discovered” and “worked several claims, principally at Tipperary Gully and Victoria Hill – where he afterwards acquired a fair sized area of land and made his home”. He married Patrick Fitzgibbons’ daughter Margaret and the couple raised 10 children.96 In 1897 William O’Connell acquired Conditional Purchases of five blocks located in Victoria Gully east of the Fitzgibbons holdings in Blackguard Gully97. William O’Connell died on 28 September 1917 and the property subsequently was worked by his widow Margaret and son Maurice. Margaret and Maurice were granted title to William’s freehold property in July 191998. According to evidence given to a court hearing in 1922: One of the claims is a water race about 300 yards long from the dam in Blackguard Gully to Garribaldi Gully Creek; another a tail race about the same length and the third a sluicing claim of about 2 acres. There was also a sluice dam on Victoria Hill. A shortage of water had made it almost impossible for Margaret and Maurice O’Connell to work the claims. They had also experienced great difficulty in maintaining dams and races. At various times sluice boxes and pumps were vandalised, and races blocked by carriers making roadways to cart sand from the creek. In 1921 miners named Murphy had cleaned out their dam further up the creek and spoil from this operation had blocked Fitzgibbons’ old races, making it impossible to work his former claims. Following an application made by Margaret’s son James O’Connell the leases were declared forfeit on 30 November 1922.99 On 4 March 1924 Patrick Fitzgibbons’ former leases in Blackguard Gully were declared as a Reserve for Public Recreation. Despite this Margaret O’Connell obtained occupancy of a large section of the gully area Special Licence SpL 24.34. This was gazetted on 30 January 1925. Margaret O’Connell’s lease covered the existing Lot 2524 DP 46320, and parts of Lots 1 and 2 DP 632471. It contained 92 NSW Government Gazette 15 February 1895-1004 93 The Evening News (Sydney) 26 April 1895 94 NSW Government Gazette No. 359 8 May 1896-2 95 Grant Upon Purchase of Improved Crown Lands Volume 173 Folio 6 96 “A Pioneer’s Death – Mr. W. T. O’Connell”, Young Witness 28 September 1917 97 New South Wales Government Gazette 22 November 1897. p.8524 98 Grant Upon Purchase of Improved Crown Lands Volume 173 Folio 6 99 “Old Mining Claims – Dispute in Warden’s Court”, Young Witness 2 December 1922 High Ground Consulting 16.12.2015 (DRAFT) 30 Blackguard Gully, Young – Conservation Management Plan four dams and associated infrastructure. Margaret died at her home on Victoria Hill in December 1942, having been directly associated with the Burrangong Goldfields since 1860100. Figure 2.3: Aerial view of Blackguard Gully showing the lots covered by Special Lease 24.34 allocated to Margaret O’Connell in January 1925. Lot 2524 DP46320 is within the boundary of the Blackguard Gully listing. At least four sluicing dams were located within the lease area. (Source SixMaps) 100 “Link With Bushranging Days”, West Wyalong Advocate 24 December 1942 High Ground Consulting 16.12.2015 (DRAFT) 31 Blackguard Gully, Young – Conservation Management Plan In 1923 Young Municipal Council discussed the possibility of constructing a dam in Blackguard Gully to develop public baths. This plan was quickly abandoned as the Council did not have the resources to undertake such a project.101 In 1955 the southern section of the area held by Margaret O’Connell under SpL 24.34 was leased to B.M. and E.J. Morris under SpL 55.80102. The area was identified in some reports as a water reserve and on 24 February 1956 the creek line of Blackguard Gully, including Fitzgibbons’ dams, was dedicated as a Reserve for Future Public Requirements.103 2.1.9 Law and Order A number of events and associations have given prominence to Young in the story of Australia. The Lambing Flat anti-Chinese riots are perhaps the most notorious of these. Contemporary accounts of gold rush Young record the activities of gangs of ‘rowdies’ and sly grog sellers. An initial absence of official law enforcement on the gold fields led to the creation of a ‘Vigilance Committee’ comprised of ‘well-disposed persons’. The members of this committee set about tearing down shanties and smashing kegs of illegal liquor.104 These events occurred just after the arrival of the first police contingent in the district in December 1860. This party consisted of eight mounted police and two detectives under the command of Captain Zouch. Zouch and Gold Commissioner Dickson established a government Camp on the site of the present Young High School. A police barracks and ‘a very solid lock-up’ were constructed on this site.105 Mark Hammond described in detail the activities of the ‘Donegallers’ who seemed to be present on a number of the New South Wales gold fields and ‘carried terror with them wherever they went’106. According to Hammond: They moved about at night in gangs, and if they had a set on anyone they would single him out for an attack. … One night they marched down to the residence of Crisp, the banker, a man who had refused them credit. He was in bed. They broke into the place, pulled him out and left him for dead, with a broken jawbone, from which he never properly recovered.107 Much has been written and conjectured about the Lambing Flat riots. A number of eyewitness accounts exist of events associated with the riots and tension and conflict between European and Chinese miners has been documented on other alluvial goldfields. Conflict came early to Lambing Flat when miners of European origin broke up the camp of a group of Chinese prospectors in November 1860. This appears to have been an isolated violent incident and organised agitation against the Chinese did not occur until early 1861.108 Numbers of miners increased dramatically and by January 1861 European miners felt sufficiently 101 “Blackguard Gully – Site for Public Baths”, Young Witness 4 October 1923 102 Parish of Young County of Monteagle 1958 103 Young and Environs – Parish Map 1933 104 McGregor, H. & J., 1999. Roll-Up. p.20 105 McGregor, H.&K., 1999. Roll Up. p.16 106 Hammond, M., 1988. Remembered With Pride. p.76 107 Hammond, M., 1988. Remembered With Pride. p.82 108 McGregor, H. & J., 1999. Roll Up. p.38 High Ground Consulting 16.12.2015 (DRAFT) 32 Blackguard Gully, Young – Conservation Management Plan threatened by the numbers of Chinese miners arriving to call a meeting ‘to consider whether this is an European diggings or a Mongolian territory’109. The meeting, held near Golden Point on Sunday 27 January 1861, was attended by fifteen hundred diggers. Commissioner Dickson was also present with ‘seven troopers and detectives Carns and Scarlett. The meeting was chaired by Charles Allen who stated that: “All we want is to get rid of the Chinamen as quietly as possible”. J.B. Stewart, originally a weaver from Paisley in Scotland, gave a rousing and at times provocative speech in which he advocated expulsion of the Chinese from the field. At the same time he stated: “But, gentlemen, I would strongly advise you to keep within the bounds of the law and commit no breach of the peace”.110 Regardless of this and the cautionary words of Commissioner Dixon the diggers chose to take the law into their own hands.111 Mark Hammond regretfully described the actions of diggers in February 1861: … the miners … rushed the Chinese camp at Oppossum Flat, and there brutally ill-used them. Without a minute’s notice they had to gather together whatever they could; their tents and stores were set fire to; their windlasses pitched into the shafts; and they themselves were driven before a howling mob like a flock of sheep. What the Chinese were unable to carry away, others did, who remained behind to plunder. They were followed by the miners through the town and up Blackguard Gully, and there for miles on the road to Burrawa. The rioters only returned from the hunt when the shades of evening began to come over them.112 He also described the ill-treatment of sick Chinese miners and the plunder of their possessions113. Many of the Chinese hunted from the field took refuge Burrangong, Currawong and Wambanumba stations. Lambing Flat remained in an agitated state for some weeks and Captain Zouch arrived with 15 extra mounted troopers to reinforce the police already on the diggings114. The miners gathered over 3,000 signatures for a petition seeking exclusion of the Chinese from Lambing Flat. This was given to Commissioner Cloete who forwarded it to Sydney. Two days after the presentation of the petition on 12 February 1861 the colonial Parliament considered a Bill to regulate Chinese immigration.115 Later in February, at a meeting held in Tom Walsh’s store, about 80 miners formed the Miners Protective League for ‘the mutual protection of … lives and property’ and to address miners’ grievances. J.B. Stewart as elected president and Charles Allen secretary. Meetings were held at Spring Creek and Stoney Creek to recruit members and the League published a manifesto of demands in March 1861. Members of the league, including James Torpy cautioned the government against allowing the Chinese to return. 116 109 McGregor, H. & J., 1999. Roll Up. p.39 110 McGregor, H. & J., 1999. Roll Up. pp.39-40 111 Hammond, M., 1988. Remembered With Pride. pp.71-72 112 Hammond, M., 1988. Remembered With Pride. p.72 113 Hammond, M., 1988. Remembered With Pride. p.72 114 McGregor, H. & J., 1999. Roll Up. p.44 115 McGregor, H. & J., 1999. Roll Up. p.45 116 McGregor, H. & J., 1999. Roll Up. pp.47-48 High Ground Consulting 16.12.2015 (DRAFT) 33 Blackguard Gully, Young – Conservation Management Plan The government decided at the same time that Chinese miners should be allowed to return to the goldfield as, under the law, they had equal rights to the Europeans to prospect for gold. Commissioner Cloete decided to allow the Chinese to return to a section of Blackguard Gully. As Chinese miners began to return to Lambing Flat hysteria began to mount within the European community. A brawl developed between Europeans and Chinese in Blackguard Gully. When police arrived they arrested ‘fourteen or fifteen alleged rioters – all Europeans’, and gathered ‘some witnesses – all Chinese’. In response to the arrests European miners gathered in mobs and paraded through the streets of Young. It was estimated that up to 6,000 men, many of them armed, were involved in sporadic hooliganism and attempts to intimidate the police.117 In response the colonial government, fearing a breakdown in law and order, ‘decided to dispatch a body of troops to the scene. A force of 120 men of the 12th Regiment of Foot, 43 artillerymen with two 12 pound howitzers and 21 mounted police left Sydney in ten chartered omnibuses on 25 February 1861. This force was commanded by Captain Atkinson.118 Premier Cowper and John Robertson also travelled to Lambing Flat to enquire into the miners’ grievances and attempt to resolve the situation119. Prior to the arrival of the military Cowper held a number of meetings with the miners and the leaders of their League and he was generally very well received. Despite his oratory they were not moved in their opposition to the presence of Chinese miners on the field. Before his departure he instructed Gold Commissioner Cloete ‘to have a furrow ploughed around the richer areas of the field’. The Chinese were prohibited from crossing this furrow. One half of Blackguard Gully was made available to the Chinese miners.120 The field generally quietened and the military were withdrawn on 23 May 1861121. The situation was generally quiet until news arrived on Lambing Flat that a large group of Chinese miners at Native Dog Creek near Canowindra had attacked some Europeans who were trespassing on their claims. On 30 June 1861 a roll up of 1,000 to 2,000 miners, incensed by a further rumour that ‘fifteen hundred Mongolians had landed in Sydney, and armed with sticks, pick handles and gun, gathered to act against the Chinese. This mob moved towards Victoria Hill and Back Creek, destroying Chinese property in its path and severely beating many of the Chinese miners in the area.122 Initially the police did little to quell the violence but, following orders to arrest ‘everyone of the ringleaders … who could be apprehended’, arrested three men on Sunday 14 July. Late in the day a mob gathered in Tipperary Gully and the members of a brass band rounded up to lead up to 1,000 incensed miners towards the police camp on the southern side of Burrangong Creek.123 The miners, variously armed with ‘shot guns, horse pistols, revolvers, rifles, long 117 McGregor, H. & J., 1999. Roll Up. pp.48-49 118 McGregor, H. & J., 1999. Roll Up. pp.52-53 119 McGregor, H. & J., 1999. Roll Up. p.54 120 McGregor, H. & J., 1999. Roll Up. p.64 121 McGregor, H. & J., 1999. Roll Up. p.66 122 McGregor, H. & J., 1999. Roll Up. pp.67-68 123 McGregor, H. & J., 1999. Roll Up. pp.76-78 High Ground Consulting 16.12.2015 (DRAFT) 34 Blackguard Gully, Young – Conservation Management Plan knives’ and sticks124, carried before them the famous ‘Roll Up’ banner. The large mob reached the police camp in rain and gathering darkness and their leaders asked for the release of the three prisoners. After Captain Zouch refused the miners’ demand they rushed the police camp where Commissioner Griffen and police troopers had formed a protective line in front of the police lockup. According to some reports Griffen read the Riot Act as the crowd approached. The police fired above the advancing mob and in consequence two men were killed.125 These were ‘William Lupton, a miner and a Punch and Judy showman’ who was struck by a stray bullet126. Most of the crowd dispersed while some miners stayed behind logs and trees on the slopes of the hill and traded desultory fire with the police. This exchange went on for about two hours in very dark and wet conditions before the rioters finally withdrew. Three police and some miners were wounded in the exchanges.127 With only 50 officers and a number of special constables, and in the face of ongoing threats, Zouch felt vulnerable in his position. After sending a gold escort to Sydney he withdrew most of the police to Yass to await further orders. In the absence of the police miners’ leader William Spicer encouraged the maintenance of law and order, threatening to punish looting by death. A miners’ militia of up to 400 men was formed and a Vigilance Committee established to police the town.128 The government, fearing further unrest, dispatched as many police and military personnel from Sydney as it could muster. This contingent consisted of 112 men of the 12th Regiment of Foot under the command of Captain Wilkie, 60 sailors and marines a field piece from HMS Fawn and additional foot police. They arrived on 31 July and order was restored to the gold field.129 2.2 Ability to Demonstrate This section seeks to identify the elements of Blackguard Gully that can be directly related to identified historical themes. Identifying the relationship of elements of the site to these themes assists in determining the way in which they contribute to the cultural heritage significance of the place. This also assists with decision-making regarding the management of these elements. A more complete understanding of the historic themes can be obtained by referring to Section 2.1 Thematic History. Property Element Representative of Historical Theme Aboriginal Ethnic Environment: Law and cultures & Influences/ Cultural Order interactions Migration Landscape/ with other Mining cultures 124 Hammond, M., 1988. Remembered With Pride. p.78 125 McGregor, H. & J., 1999. Roll Up. p.78 126 Hammond, M., 1988. Remembered With Pride. p.79 127 McGregor, H. & J., 1999. Roll Up. pp.79-80 128 McGregor, H. & J., 1999. Roll Up. pp.80-86 129 McGregor, H. & J., 1999. Roll Up. pp.91-96 High Ground Consulting 16.12.2015 (DRAFT) 35 Blackguard Gully, Young – Conservation Management Plan Property Element Representative of Historical Theme Aboriginal Ethnic Environment: Law and cultures & Influences/ Cultural Order interactions Migration Landscape/ with other Mining cultures Victoria Gully & Blackguard Gully watercourse Blackguard Gully sign Gold Trails interpretive signage Pondage (former sludge dam) X Concrete pedestrian bridge Victoria Gully watercourse X Remnant interpretive numbers Concrete ramp Access roadway Sluicing dams (Lot 4524 DP 46320) Sluicing Dam No.1 – earthen wall X Sluicing Dam No.1 - basin X Sluicing Dam No.2 – earthen wall X Sluicing Dam No.2 – basin X Vegetation – native species Vegetation – invasive species Sluicing races (Lot 4524 DP 46320) Sluicing race 1.1 X Sluicing race 1.2 X Sluicing race 1.3 X Tubular steel fencing & gates Brick toilet block Septic tank Puddling Mills (Lot 4524 DP 46320) Puddling mill (Sluicing Dam No.1) - X ditch Puddling mill (Sluicing Dam No.1) - wooden ditch retaining structure Puddling mill (Sluicing Dam No.1) – wooden mill structure Puddling mill (Sluicing Dam No.2) – X ditch & mound Gold Lease GL73 Broken, hummocky ground X Water race remnants X Sluicing dam X Granite outcrops X Access road High Ground Consulting 16.12.2015 (DRAFT) 36 Blackguard Gully, Young – Conservation Management Plan 3. Physical Evidence 3.1 Introduction Blackguard Gully is located on the southern side of Victoria Gully and east of Sawpit Gully. The area included in the SHR contains the remains of an extensive ground sluicing operation, including the following features: • Victoria Gully & Blackguard Gully watercourses and dam, ! Mullocky or hummocky ground located on Lot 2524 DP 46320 and Lot 304 DP 754611, • Sluicing channels located on Lot 2524 DP 46320 and Lot 304 DP 754611, • Two sluicing dams located on Lot 2524 DP 46320, The archaeological features present within the SHR precinct were part of a far more extensive system of dams and races that extended at least 500 metres up Blackguard Gully and about 550 metres up Victoria Gully. This system connected properties either owned or leased by Patrick Fitzgibbons and his son-in-law William O’Connell, and may have been developed from the early 1870s. A separate water race appears to have traversed the western section of Lot 304 DP 754611, which was formerly Gold Lease GL73. The SHR precinct also contains the remains of a reconstructed pug mill that demonstrates one aspect of early alluvial mining techniques. This is located on Lot 2524 DP 46320. The elements of the site are described in the following sections. The condition of each element is defined in accordance with the following table. Condition Definition Sound Complete, stable and structurally intact. The element appears to be in a condition to sustain its current function for some time to come. Fair condition for Displays a level of deterioration commensurate with the time it has age been in use. Although not pristine it maintains a reasonable level of structural integrity. Poor condition Heavily weathered or deteriorated. This may mean element is close to failing or has become detached from other elements. 3.2 Victoria Gully & Blackguard Gully watercourse The main entry to the SHR area is from Whiteman Avenue and signage for the Blackguard Gully site is located the roadside. An extended area of rough road shoulder is available for parking. A concrete pedestrian bridge carries visitors across the pondage sitting at the confluence of Victoria and Blackguard Gullies. This pondage may have been a sludge dam associated with sluicing operations on Victoria Hill and Blackguard Gully. It possibly the location considered for development of a public baths in 1923. An access roadway runs along the western side of the SHR area. This roadway is used by Council vehicles drawing water from the pondage. This roadway also runs through the site to Victoria Lane. High Ground Consulting 16.12.2015 (DRAFT) 37 Blackguard Gully, Young – Conservation Management Plan Plate 3.1: View south from Whiteman Plate 3.2: View southwest along the Avenue towards the reserve. November western side of the reserve. (November 2015) 2015) Plate 3.3: Concrete bridge linking Whiteman Avenue to the reserve. (November 2015) Plate 3.4: Pondage at the confluence of Blackguard & Victoria Gullies looking west from below Sluicing Dam No.2. This may have been a sludge dam associated with the Fitzgibbons & O’Connell sluicing operations. Whiteman Avenue is on the right. (October 2013) High Ground Consulting 16.12.2015 (DRAFT) 38 Blackguard Gully, Young – Conservation Management Plan Plate 3.5: The main picnic area looking southeast from the concrete pedestrian bridge. A numbered disc from a previous interpretation regime is attached to the tree on the right. Plate 3.6: Gold Trails interpretive sign above the confluence of Blackguard, Victoria & Garibaldi Gullies (March 2014) Plate 3.7: View east along the Victoria Gully watercourse. This creekline is heavily overgrown with bulrushes, grasses and other plants. High Ground Consulting 16.12.2015 (DRAFT) 39 Blackguard Gully, Young – Conservation Management Plan Feature Condition Blackguard Gully sign This sign is in fair condition for its age. Gold Trails interpretive signage This sign is sound. Pondage (former sludge dam) This pondage holds water and appears to be generally sound. Concrete pedestrian bridge The bridge appears to be complete. Its structural integrity should be assessed regularly by a qualified civil engineer. Victoria Gully watercourse This watercourse is choked with grasses & reeds. Remnant interpretive numbers These markers are in fair condition for their age. Concrete ramp This ramp is used by Council trucks drawing water from Blackguard Gully. It appears to be sound. Access roadway An unsealed roadway provides vehicular access to the concrete ramp and to Victoria Street. It is eroded but in fair condition. 3.3 Main sluicing dams & associated races (Lot 4524 DP 46320) The eastern side of the SHR listed precinct covers Lot 4524 DP 46320. This block contains the remains of sluicing infrastructure, including two sluicing dams and at least three sluicing races that were noted by Margaret O’Connell when describing her leases in 1922. The channels would have directed water for ground sluicing. Ritchie and Hooker have described ground sluicing as follows: … a basic method of alluvial mining whereby auriferous (gold bearing) terrace margins were broken down by directing low pressure water over them (free running water diverted from a headrace) to assist their breaking up with bar and pick. The dislodged material was then sluiced, ie directed through channels to sluice-boxes in which the gold was trapped in riffles. Riffles were “bars or cleats on the bottom of a … sluice-box or tail-race for catching alluvial gold”.130 The sluicing infrastructure in Blackguard Gully is directed towards the pondage located at the convergence of the creek lines forming Blackguard, Victoria and Garibaldi Gullies (refer to Section 3.2). In 1922 Margaret O’Connell described her lease in the following terms: One of the claims is a water race about 300 yards long from the dam in Blackguard Gully to Garribaldi Gully Creek; another a tail race about the same length and the third a sluicing claim of about 2 acres.131 130 Ritchie, N. & Hooker, R., 1997. “An Archaeologist’s Guide to Mining Terminology”. (pp.6,8) 131 “Old Mining Claims – Dispute in Warden’s Court”, Young Witness 2 December 1922 High Ground Consulting 16.12.2015 (DRAFT) 40 Blackguard Gully, Young – Conservation Management Plan The 2 acre sluicing claim referred to appears to be Gold Lease GL73, which lay over the western side of the SHR listed precinct. Two sluicing dams are clearly shown on the 1933 Parish Map of Young. Historical records confirm that sluicing activities were undertaken in Blackguard Gully from about 1870 until the 1930s. Gold Lease GL73 is described in Section 3.1.4. Figure 3.1: Aerial view showing the possible layout of sluicing infrastructure described in 1922 and 1933. (SixMaps) The eastern section of the SHR area is heavily infested with weeds and there is some native plant regrowth occurring. Invasive species noted within this area include: • Fire Thorn –pyrocantha, • Box, • Hawthorn – cretageous, • Elms, • Privet, • Prunus, • Cotoneaster, • celtis australis. • Briar rose The area also hosts Sifton Bush. This native plant a considered an invasive weed on pastureland but is an excellent species for regeneration of bushland. Other native species include: • Various varieties of eucalypts, • hakea. It appears that the heavy vegetation growth has inhibited erosion, particularly along the two most easterly sluicing races. 3.3.1 Sluicing dams Two sluicing dams are located within the eastern section of the SHR area. These have been identified as follows: High Ground Consulting 16.12.2015 (DRAFT) 41 Blackguard Gully, Young – Conservation Management Plan • Sluicing Dam No.1 – This dam is located at the southern end of the SHR area. It is the largest dam located within the precinct. The main feature of the dam is a large earthen wall. The dam was identified by Margaret O’Connell in 1922 and appears to have been constructed in the 19th century. Historical parish maps indicate that this dam was fed from the following sources; o Pondages located further upstream in Blackguard Gully, and o Through a series of races from a dam located on property on Victoria Gully owned by Patrick Fitzgibbon. • Sluicing Dam No.2 – This dam is located at the northern end of the network of races leading from Sluicing Dam No.1. It consists of an earthen wall retained by timber baulks and appears to have been constructed to provide water to a puddling mill. Plate 3.8: View east across Sluicing Dam No.1. (23 November 2015) Plates 3.9 & 3.10: View east & west along the wall of Sluicing Dam No.1. (23 November 2015) High Ground Consulting 16.12.2015 (DRAFT) 42 Blackguard Gully, Young – Conservation Management Plan Plate 3.11: Sluicing Dam No.2 viewed from the north. (23 November 2015) Plate 3.12: Timber baulks retaining the northern face of Sluicing Dam No.2. (23 November 2015) Plates 3.13 & 3.14: Track crossing the top of Sluicing Dam No.2. (23 November 2015) Sluicing dams (Lot 4524 DP 46320) Feature Condition Sluicing Dam No.1 – This wall appears to be generally sound. The western earthen wall end has been breached. The centre of the wall has been worn down by dirt bikes & 4x4 vehicles. Sluicing Dam No.1 - The basin is quite clearly defined and currently holds a basin small volume of water. A burnt out motor vehicle has been dumped in the basin. Sluicing Dam No.2 – This appears to be generally sound. earthen wall High Ground Consulting 16.12.2015 (DRAFT) 43 Blackguard Gully, Young – Conservation Management Plan Sluicing dams (Lot 4524 DP 46320) Feature Condition Sluicing Dam No.2 – This appears to be intact but is heavily overgrown. basin Vegetation – native These occur throughout the site. They are assisting to species maintain soil stability. Vegetation – invasive These occur throughout the site & are particularly species prominent in hollows. They are assisting to maintain soil stability. 3.3.2 Sluicing races Three sluicing races have been identified in the eastern section of the SHR precinct. All are located within Lot 2524 DP46320. The course of these races is shown in Figure 3.1. These have been identified as follows: • Sluicing race 1.1 – This is possibly the 300 yard race identified by Margaret O’Connell in 1922. It runs from the eastern side of Sluicing Dam No.1 and connects to both Sluicing Dam 2 and the Victoria Gully watercourse. This is the most clearly defined race and appears to have stabilised by a combination of plant infestations and its relative inaccessibility. This race is quite deep and there is evidence that over time it has operated on at least five levels. It is highly likely that this is the oldest operational race within the precinct. • Sluicing race 1.2 – This race appears to follow the original Blackguard Gully watercourse from the western end of Sluicing Dam No.1. It leads to the pondage located at the northern end of the site. This race has been eroded and damaged by motor vehicles. • Sluicing race 1.3 – This race follows the western side of Lot 4524 DP 46320. It leads from the western end of Sluicing Dam No.1 to the pondage located at the northern end of the site. It is the most heavily degraded of the three races on this block. Plate 3.15: View north along Sluicing Race 1.1 from the wall of Sluicing Dam No.1. (23 November 2015) High Ground Consulting 16.12.2015 (DRAFT) 44 Blackguard Gully, Young – Conservation Management Plan Plates 3.16 & 3.17: A bend in Sluicing Race 1.1 retains steps indicating the various levels at which the sluice has been worked. Plate 3.18: A section of Sluicing Race 1.1 near Sluicing Dam No.2. (23 November 2015) Plate 3.19: Branch of Sluicing Race 1.1 leading north to Sluicing Dam No.2. (23 November 2015) High Ground Consulting 16.12.2015 (DRAFT) 45 Blackguard Gully, Young – Conservation Management Plan Plate 3.20: The northen end of Sluicing Race 1.1. (23 November 2015) Plate 3.21: View north along the line of Sluicing Race 1.2. (23 November 2015) Plate 3.22: View south along the line of Sluicing Race 1.2. (23 November 2015) High Ground Consulting 16.12.2015 (DRAFT) 46 Blackguard Gully, Young – Conservation Management Plan Plate 3.23: View south near the head of Sluicing Race 1.3. The wall of Sluicing Dam No.1 is in the background. (23 November 2015) Plate 3.24: View north along the line of Sluicing Race 1.3. (23 November 2015) Plate 3.25: The northern end of Sluicing Race 1.3. (23 November 2015) High Ground Consulting 16.12.2015 (DRAFT) 47 Blackguard Gully, Young – Conservation Management Plan Plate 3.26: Toilet block, septic tank & fencing located near the northern end of Sluicing Race 1.3. (23 November 2015) Sluicing races (Lot 4524 DP 46320) Feature Condition Sluicing race 1.1 This is the most intact of the gold races located within the precinct. Steps in some walls indicate that the race was worked at various levels over an extended period of time. The lower sections of this race are heavily overgrown. Rubbish has been dumped into the southern end of the race. Sluicing race 1.2 This race has been eroded, and heavily damaged by trail bikes and off road vehicles. Sluicing race 1.3 The upper sections of this race are heavily eroded, and the remainder has been severely damaged by trail bikes and off road vehicles. Tubular steel fencing & These are generally sound but incomplete. gates Brick toilet block This block is partially demolished and in poor condition. Septic tank This appears to be complete. 3.3.3 Puddling mills The remains of two puddling mills are located within Lot 4524 DP 46320. One sis located below the wall of Sluicing Dam No.1 and the other is located above Sluicing Dam No.2. A replica puddling mill was constructed on the Sluicing Dam No.1 site in the 1990s to provide demonstrations of puddling for visitors to the site. The structure was intact in 2007 but has deteriorated greatly in the intervening years. Evidence of the puddling dam near Sluicing Dam No.2 consists of trenches only. Puddling mills were used to “agitate gold-bearing gravel to get rid of heavy clay, which is washed away in water”. A puddling mill … consists of a circular trough excavated in the ground around which a horse drags a pair of rakes which stir up auriferous gravels placed in the trench and cause adhering clay to be washed off. … the rakes in a puddler are pivoted at a central point, obliging the horse to walk continuously around the perimeter of the puddling trench.132 132 Ritchie, N. & Hooker, R., 1997. “An Archaeologist’s Guide to Mining Terminology”. (p.7) High Ground Consulting 16.12.2015 (DRAFT) 48 Blackguard Gully, Young – Conservation Management Plan Plate 3.27: The replica puddling mill near Sluicing Dam No.1 in 2008. Plate 3.28: The replica puddling mill site on 23 November 2013. Plate 3.29: Site of the puddling mill near Sluicing Dam No.2. (23 November 2015) High Ground Consulting 16.12.2015 (DRAFT) 49 Blackguard Gully, Young – Conservation Management Plan Puddling Mills (Lot 4524 DP46320) Feature Condition Puddling mill (Sluicing Dam The ditch is clearly defined and retained by a No.1) - ditch wooden structure. Puddling mill (Sluicing Dam Fair condition. No.1) - wooden ditch retaining structure Puddling mill (Sluicing Dam The wooden structure is relatively complete but No.1) – wooden mill structure in poor condition. It is in a total state of collapse. Puddling mill (Sluicing Dam The ditch and mound are clearly defined. No.2) – ditch & mound 3.4 Gold Lease GL73 The former Gold Lease GL73 is located within Lot 304 DP 754611 and Lot 7315 DP 1160640. Historical parish maps indicate that GL73 contained a sluicing race leading to a dam located towards its northern end. This race and dam are shown in Figure 3.1. The area appears to have been sluiced continuously between the 1860s. The site is heavily degraded, having been eroded and also severely disturbed by trail bikes and off road vehicles. An access road runs along the north-western boundary of the site. Plate 3.30: View north across the former Gold Lease GL73. (23 November 2015) Plate 3.31: View north along the path of the sluicing race towards the sluicing dam. (23 November 2015) High Ground Consulting 16.12.2015 (DRAFT) 50 Blackguard Gully, Young – Conservation Management Plan Plates 3.32 & 3.33: Views north towards the sluicing dam. (23 November 2015) Plate 3.34: View south-west along the Plate 3.35: Views north-east along the road on the western boundary connecting road on the western boundary connecting Whiteman Avenue to Victoria Street. Whiteman Avenue to Victoria Street. The (23 November 2015) sluicing dam is on the right. (23 November 2015) Plate 3.36: Eroded Blackguard Gully showing the exposed underlying granite at the northern end of GL73. (23 November 2015) Gold Lease GL73 Feature Condition Broken, hummocky ground The site is covered by eroded and hummocky ground. Water race remnants The former water race is heavily degraded. It appears to be represented by little more than a drainage ditch. Sluicing dam This dam is clearly defined in the landscape and currently retains water. Granite outcrops These outcrops appear sound. They represent the High Ground Consulting 16.12.2015 (DRAFT) 51 Blackguard Gully, Young – Conservation Management Plan Gold Lease GL73 Feature Condition extreme depth to which the northern end of the lease has been worked. Access road This road runs along the north-western boundary of the site and appears to be relatively stable. 3.5 Archaeological potential The Blackguard Gully SHR precinct is a heavily degraded alluvial gold mining area that contains elements of two related ground sluicing systems. The area was initially mined during the early 1860s using the gold rush practices of shaft sinking, panning and paddocking. The historical record indicates that, during the gold rush, it was worked by European and Chinese prospectors. From about 1865 Blackguard, Victoria and Garibaldi Gully complex was mostly mined by small, family-based syndicates employing fairly primitive ground sluicing methods. This regime of mining was interrupted in the late 1880s when the Victoria Hill Ground Sluicing Company commenced a more sophisticated mining regime. This was short-lived and by the early 1890s the entire area had been taken over by long-time gold miner Patrick Fitzgibbon. Fitzgibbon, his daughter Margaret and son-in-law William O’Connell and their children continued to work the lower end of Blackguard Gully until the 1930s. Since the 1930s the place has lain idle as it has no value for farming or grazing. It has been used as a dumping ground and testing area for off-road driving enthusiasts. These activities and occasional flooding have led to high levels of site disruption and erosion. Regardless of this degradation the landscape can be interpreted by a trained eye and attempts have been made in the past to interpret the remaining evidence of alluvial mining. The eastern section of the precinct is the most inaccessible and hence the most intact. The archaeological potential of the precinct has been assessed as follows (This assessment is based on the description of the precinct included in Section 3.2, Section 3.3 and Section 3.4): • Crown Land DP 1160640 – low archaeological potential. • Part Lot 7048 DP 1001285 – low archaeological potential. • Part Lot 7313 DP 1160640 – low archaeological potential. • Part Lot 7314 DP 1160640 – low archaeological potential. • Part Lot 7315 DP 1160640 – low archaeological potential. • Part Lot 7316 DP 1160640 – low archaeological potential. • Part Lot 7317 DP 1160640 – low archaeological potential. • Lot 2524 DP 46320 o Eastern side of block – moderate to high archaeological potential. o Western side of block – moderate archaeological potential. • Lot 304 DP 754611 – low archaeological potential. • Part Lot 7054 DP 96182 – low archaeological potential. 3.5.1 Archaeological zoning plan The following archaeological zoning plans were developed on the basis of site recordings undertaken by Ray Christison. High Ground Consulting 16.12.2015 (DRAFT) 52 Blackguard Gully, Young – Conservation Management Plan Figure 3.2: Archaeological zoning plan – moderate to high archaeological potential. Figure 3.3: Archaeological zoning plan – moderate archaeological potential. High Ground Consulting 16.12.2015 (DRAFT) 53 Blackguard Gully, Young – Conservation Management Plan Figure 3.4: Archaeological zoning plan – low archaeological potential. 4. Assessment of Cultural Significance 4.1 Comparative analysis 4.1.1 Evidence of alluvial gold mining This comparative analysis makes a basic comparison between Blackguard Gully and comparable places. In their comprehensive study of the history and heritage of mining sites in New South Wales Pearson and McGowan made a number general observations regarding the relict landscapes of alluvial gold mining based on their own field observations. They identified what they regarded as the best examples of various methods of alluvial mining as follows: • Paddocking – “Perhaps the best examples of this technique were at Araluen in the 1860s and 1870s. These workings were extensive.” • Hydraulic Sluicing – “One of the best examples of this type of working was on the Spring Creek Jacqua field in the early 1890s. … At Croker’s Mint on the Shoalhaven River a steam powered pump raised water through a 33m shaft and 45m long tunnel to the workings. Also on the Shoalhaven River, the Limekiln workings included a 38.6 km water race, with between 13 to 16 km of branch races and two service dams at the workings.”133 These are wonderful exemplars of alluvial gold mining activity in New South Wales. Other landscapes recorded by the author, including Golden Gully on the Tambaroora-Hill End goldfield and Krebs Lane (Little Spring Creek) workings in Young are excellent examples of overlying alluvial mining landscapes. Both represent the various stages of alluvial mining activity. In a research project undertaken for the University of New England in 2013 Christian Fielder summarised the conundrum facing anyone seeking to research archaeological evidence of 19th century goldmining methods. In his introduction Fielder noted: Goldmining methods used during the nineteenth century in New South Wales have attracted relatively little archaeological research or interest. Academic study in Australian gold mining activity has traditionally focused on the social and economic similarities and differences between the gold rushes of California and Victoria (Goodman 1994, pp.10-14). The Lambing Flat riots in 1861 for example, are often the only single focus of historical research relating to gold mining in New South Wales (McGowan 2001, p.ii).134 Analysis of alluvial gold mining sites for the purpose of heritage listing is often compromised by an obsession with mining activity that occurred during the gold rush era of the 1850s and 1860s. These analyses often dismiss the impact of 133 Pearson, M. & McGowan, B., Undated. Mining Sites in NSW: History and Heritage. (pp.109-111) 134 Fielder, C., 2013. Scarred History: An observation of extant physical features relating to alluvial gold mining activity remaining at Little Spring Creek Goldfield, Young, NSW. (p.5) High Ground Consulting 16.12.2015 (DRAFT) 54 Blackguard Gully, Young – Conservation Management Plan ongoing subsistence mining that was a feature of all goldfields from the 1870s until well after World War II. A number of archaeologists have undertaken area and regional studies that have provided useful typologies for comparing alluvial mining sites. These typologies have been summarised in Section 2.17 Environment: Cultural Landscape. Preparation of a useful comparative analysis is only possible if these typologies can be applied to all sites being analysed. The author has personally studied and recorded four different alluvial gold mining sites. The typologies available in Section 2.1.7 have been applied to each of these sites to prepare a comparative analysis. The subject sites are: • Blackguard Gully, Young – SHR 01775, Young Shire LEP I82 • Golden Gully and Archway, Tambaroora - SHR 00614 • Krebs Lane (Spring Creek) Gold Diggings, Young – Young Shire LEP I91 • Milkmans Gully Gold Diggings, Young. Each of these places is briefly described in the following sections. Additional analysis is based on the extensive studies of the Shoalhaven Goldfields undertaken by Pearson and McGowan. 4.1.1.1 Blackguard Gully The Young Shire Community Based Heritage Study, 2008 identified the significance of the Blackguard Gully alluvial mining area as follows: Blackguard Gully is a remaining element of the extensive alluvial workings that were the result of the 1860s gold rushes and subsequent hydraulic sluicing activity. The gully also saw the disturbances of February 1861 and was subsequently the area to which Chinese miners were restricted. The Blackguard Gully Gold Diggings are representative of the extensive gold workings that were developed around Young in the mid to late 19th century. The site has state historical and technical/research significance, rarity and representativeness. It also has a moderate level of integrity. A more in depth analysis of the history of this area undertaken as part of the preparation of this CMP has confirmed that the are was worked by ground sluicing from the mid 1860s until at least the late 1930s. There is no historical evidence of hydraulic sluicing being used in this area. 4.1.1.2 Golden Gully and Archway, Tambaroora SHR 00614 Golden Gully is the only place listed on the SHR as an alluvial mining archaeological site. The statement of significance for Golden Gully and Archway included with the SHR listing is: Golden Gully and Archway is a major site on the Hill End-Tambaroora goldfield where large scale alluvial fossicking was undertaken by European and Chinese miners. The gully is evidence of the onset of the 1851 goldrush. It displays the difference between European and Chinese mining techniques during the 19th century. In particular the eroded gully has exposed the square European shafts and the round Chinese shafts in a dramatic and High Ground Consulting 16.12.2015 (DRAFT) 55 Blackguard Gully, Young – Conservation Management Plan unique landscape. (Heritage Office file notes 1983)135 This statement of significance appears to come from an incomplete understanding of the history and typology of Golden Gully. The listed area represents a small section of the former alluvial workings that stretched from the Village of Hill End to Tambaroora. A 2007 Landscape Management Plan for Golden Gully prepared on behalf of the Department of Environment and Climate Change defined the cultural heritage significance of the place as follows: Golden Gully is a surviving remnant from the gold mining booms of the 1850s and 1870s. Its continued use as a source of alluvial gold through to the 1980s provides evidence of the ongoing resilience of Hill End and its survival through a series of mining booms and downturns. Golden Gully has associations with several families of the Hill End district including Ellis and Goodwin families, residing in Hill End over several generations. The gully retains many original landscape features and a distinctive and characteristic eroded landscape. It is representative of the lives of families who comprised the community of Hill End over an extended period, including the Chinese. The place has the potential to inform on the development of gold mining communities in the 19th and 20th centuries. As an element of the landscape of Hill End and its location within the Hill End Historic Site Golden Gully has the opportunity to be conserved into the future.136 Golden Gully contains dramatic evidence of various phases of alluvial gold mining. Two quite distinct areas of the gully complex provide varying perspectives on this evidence (refer to the typology of alluvial gold mining places included in Section 2.17 Environment: Cultural Landscape): 1. Distinctively eroded main gully (Golden Gully) and side gully (Clynes Gully) (Type A & B) with evidence of previous alluvial mining activity; a. Round and square edged vertical shafts (Type E), b. Horizontal tunnels (drifts) (Type F) into gold-bearing conglomerate layers, c. Straight runs within the main gully that may have originated from ground and hydraulic sluicing and further accentuated by on-going scouring, and resultant earthen formations of arches, spires, pipes, tailings and scree slopes. 2. Upper levels on either side of the gullies, where parts of the top edge are being held together by mature trees and their roots. This level is pockmarked with; a. Mullocky ground from washing paydirt (Type A), b. Open vertical shafts (Type E), c. Depressed areas indicating collapsed shafts and shallow surfacing, between 1 and 5 metres across (Type A B & E), d. Long and circular channels between 2 and 10 metres wide used for sluicing, paddocking and puddling (Type A, B, C & D). 135 Golden Gully and Archway [Online] http://www.environment.nsw.gov.au/heritageapp/ViewHeritageItemDetails.aspx?ID=5045503 136 Paskin, R., 2007. Landscape Management Plan Golden Gully. p.39 High Ground Consulting 16.12.2015 (DRAFT) 56 Blackguard Gully, Young – Conservation Management Plan 4.1.1.3 Gold Diggings, Krebs Lane (Little Spring Creek), Young The Young Shire Community Based Heritage Study, 2008 identified the significance of the Krebs Lane Gold Diggings as follows: The Krebs Lane Gold Diggings are a remaining element of the extensive alluvial workings that were the result of the 1860s gold rushes and subsequent hydraulic sluicing activity. The site represents the various phases of alluvial gold mining that were undertaken in Young. The site has state historical and technical/research significance, rarity and representativeness. It also has a high level of integrity. Plate 4.1: A view over the Krebs Lane (Little Spring Creek) mining area showing the results of hydraulic sluicing. (Ray Christison 2007) The Krebs Lane Gold Diggings, located on Little Spring Creek, contains evidence of three periods of alluvial gold mining that are represented by three landscape elements. The Krebs Lane area represents an extensively scoured landscape. (refer to Section 2.17 Environment: Cultural Landscape) This scouring is the result of pan and cradle working (Type A), surfacing (Type B) and shaft (Type E) and drift mining (Type F), accentuated by modern hydraulic sluicing. The western edge of the site along Krebs Lane contains numerous depressions and remnants of mullock heaps (Type A). The central and eastern sections of the site have been heavily sluiced. Much of this part of the site has been cleared of alluvium and shows evidence of hydraulic sluicing. Areas of shelving on the face between the mullocky ground and hydraulic sluicing area suggests that parts of the area were worked using ground sluicing in the 1860s and 1870s. Ground sluicing, also referred to as common sluicing, involved directing flows of water through a known gold-bearing site to remove alluvium. This practice was superseded by hydraulic sluicing. High Ground Consulting 16.12.2015 (DRAFT) 57 Blackguard Gully, Young – Conservation Management Plan 4.1.1.4 Milkmans Gully Gold Diggings, Burrangong Hall Road, Young The Young Shire Community Based Heritage Study, 2008 identified the significance of the Milkmans Gully Gold Diggings as follows: The Milkmans Gully Gold Diggings represent an incomplete archaeological record of a former alluvial gold mining landscape that appears to have been worked using common sluicing techniques. They are a remaining element of the extensive alluvial workings that were the result of the 1860s gold rushes and subsequent sluicing activity. The site has local historical and technical/research significance, rarity and representativeness. It also has a moderate level of integrity. Plate 4.2: Remnant water race following the bank of Milkmans Gully (Dairyman’s Gully), Young. (Ray Christison 2008) Milkmans Creek flows from south of Temora Road to join Burrangong Creek near the site of the old Burrangong settlement. It is joined just south of Temora Road by Dairymans Creek. Water races appear to have been constructed along either side of Milkmans Creek from Dairymans Creek to Burrangong Creek. There is also evidence of a possible water storage having building constructed along the creek line below the confluence with Dairymans Creek. There is evidence in some places along both sides of the creek that suggests box sluices may have been serviced by the water races. Sections of the creek bed close to the box sluice locations also contain mullock heaps that appear to confirm the location of the sluices. Water races are present at the upper and lower levels of the creek banks suggesting that ground sluicing and box sluicing may have been carried out along the creek line. There is substantial evidence of paddocking (Type C) and some shaft (Type E) and drift shaft (Type F) mining activity along Burrangong Creek High Ground Consulting 16.12.2015 (DRAFT) 58 Blackguard Gully, Young – Conservation Management Plan near its confluence with Milkmans Creek, and in the ground on the western side of Burrangong Hall Road. (Refer to Section 2.17 Environment: Cultural Landscape) Comparative Schedule of Alluvial Gold Mining types Alluvial Mining Type Blackguard Golden Krebs Lane Milkmans Type Description Gully Gully (Spring Creek Creek) A Heavily scoured creek X X X beds & banks B Shallow surfacing X X X C Paddocking X X X D Tailing mounds X E Narrow trench-like X X X shafts F Drift tunnels cut into the X X X face of the workings Evidence of ground sluicing X X X X Evidence of hydraulic sluicing X X * Definition of the above typology is included in Section 2.17 Environment: Cultural Landscape 4.1.2 Evidence of Chinese ethnic influence In a paper published by the Australasian Society for Historical Archaeology in 2003 Barry McGowan defined the principal characteristics defining the archaeology of Chinese alluvial mining in Australia. In this paper McGowan noted: In all …. instances … the mode of working, and the implements used, that is pan and cradle, short sluice or tom, water wheel or Californian pump, were similar. The European and Chinese sites are, therefore, for the most part theoretically indistinguishable, though there are several characteristics that may help the process of cultural identification.137 The characteristics identified by McGowan are: 1. “Elongated mounds of water worn stone piled up after working the face or floor of the diggings”. These are associated with Type D alluvial workings - tailing mounds. Numerous examples of such workings have been identified on the Mongarlowe, North Araluen, Shoalhaven and Kiandra goldfields. 2. Round shafts (associated with Type E workings – narrow trench like shafts). There is a substantial body of myth regarding the association of round shafts with Chinese mining practice. This typically refers to Chinese superstitions and appears to stem from prejudices handed down from the gold rush era. Academic study has identified that round shafts may be more typical of Chinese mining practice for the following reasons; a. Chinese use of hoes and baskets as digging implements. European miners tended to use pick and shovel, b. Skills in well sinking brought to the goldfields by many Chinese 137 McGowan, B., 2003. “The archaeology of Chinese alluvial mining in Australia”. (p.11) High Ground Consulting 16.12.2015 (DRAFT) 59 Blackguard Gully, Young – Conservation Management Plan miners and their sponsors. 3. The presence of hut sites with low stone walls.138 Examples of the Chinese Single Jian dwelling have been recorded extensively at Kiandra and at least one example has been recorded at Tubbul in the Young Shire. Anecdotal evidence indicates that other Single Jian dwelling sites may occur in the Wombat area of Harden Shire. None of these specific markers of Chinese ethnicity has been identified within the Blackguard Gully SHR listing boundary. 4.1.3 Summary of findings from Comparative Analysis The comparative analysis undertaken in Section 4.1.1 and Section 4.1.2 of this report can be summarised as follows: 1. Blackguard Gully has less evidence of the alluvial gold mining techniques adopted by individual prospectors than other alluvial gold mining areas analysed by the author. This indicates that Blackguard Gully contains little evidence of techniques that were commonly used in the gold rushes of the 1850s and 1860s. 2. Blackguard Gully contains no discernible evidence of Chinese alluvial mining or Chinese domestic arrangements. 4.2 Statement of Significance NSW Heritage Assessment Criteria Criterion (a) An item is important in the course, or pattern, of NSW’s cultural or natural history (or the cultural or natural history of the local area). Criterion (b) An item has strong or special association with the life or works of a person, or group of persons, of importance in NSW’s cultural or natural history (or the cultural or natural history of the local area). Criterion (c) An item is important in demonstrating aesthetic characteristics and/or a high degree of creative or technical achievement in NSW (or the local area). Criterion (d) An item has a strong or special association with a particular community or cultural group in NSW (or the local area) for social, cultural or spiritual reasons. Criterion (e) An item has potential to yield information that will contribute to an understanding of NSW’s cultural or natural history (or the cultural or natural history of the local area). Criterion (f) An item possesses uncommon, rare or endangered aspects of NSW’s cultural or natural history (or the cultural or natural history of the local area). Criterion (g) An item is important in demonstrating the principal characteristics of a class of NSW’s • Cultural or natural places; or • Cultural or natural environments (or a class of the local area’s • Cultural or natural places; or • Cultural or natural environments.) 4.2.1 Existing statements of significance The following statement of significance accompanies the 2009 SHR Listing for Blackguard Gully: 138 McGowan, B., 2003. “The archaeology of Chinese alluvial mining in Australia”. (p.11-17) High Ground Consulting 16.12.2015 (DRAFT) 60 Blackguard Gully, Young – Conservation Management Plan Blackguard Gully is of historical significance as the site of one of the worst riots against Chinese miners in Australian history. In late 1860 and early 1861 there were several attacks on Chinese miners. On 30 June 1861 some 3000 Europeans marched against Chinese miners on Lambing Flat goldfields, attacking their two main camps at Blackguard Gully and Back Creek. They carried a flag with the words 'Roll-up Roll-up No Chinese', which is now on display in the Lambing Flat Folk Museum. The riot led to the passing of legislation to restrict access to goldfields to aliens and to refuse miners' rights to aliens. The violence of these riots resulted in the government responding to community concern by passing a Chinese Immigration Restriction Act and at an Intercolonial Conference held in 1880 and 1881 uniform restrictive immigration laws were adopted. The march of the Europeans through the town on 30 June 1861 and the later declaration of the Riot Act were of immense significance to the history of the town of Young. In 1861 Lambing Flat had its name changed to Young. Blackguard Gully is associated with the Chinese who camped in the area in the early 1860s and who mined for gold at Lambing Flat. The events of the time are also remembered by the town of Young today with Lambing Flat Festival in April, which includes a re-enactment of the 'Roll Up' and reading of the Riot Act. It has potential to yield archaeological information on the use of the site in the 1860s and beyond. Although many gold fields experienced protests against the Chinese, Lambing Flat was unique in the level of organisation of the riots, the purpose made flag that was carried, and the fact that the site of the riot survives as a public space (Blackguard Gully). This statement of significance is accompanied by the following caveat: Note: There are incomplete details for a number of items listed in NSW. The Heritage Branch intends to develop or upgrade statements of significance and other information for these items as resources become available. The statement of significance prepared for the Young Shire Community Based Heritage Study is as follows: Blackguard Gully is a remaining element of the extensive alluvial workings that were the result of the 1860s gold rushes and subsequent hydraulic sluicing activity. The gully also saw the disturbances of February 1861 and was subsequently the area to which Chinese miners were restricted. The Blackguard Gully Gold Diggings are representative of the extensive gold workings that were developed around Young in the mid to late 19th century. The site has state historical and technical/research significance, rarity and representativeness. It also has a moderate level of integrity. 4.2.2 Revised statement of significance The following revised statement of significance has been prepared on the basis of additional historical and archaeological investigation of the site. High Ground Consulting 16.12.2015 (DRAFT) 61 Blackguard Gully, Young – Conservation Management Plan Criterion Significance Reasons Historical State Blackguard Gully is of historical significance as the site of significance one of the worst riots against Chinese miners in Criterion (a) Australian history. In late 1860 and early 1861 there were several attacks on Chinese miners. Following initial disturbances the place was set aside as an area for Chinese miners. On 30 June 1861 some 3000 Europeans marched against Chinese miners on Lambing Flat goldfields, attacking their two main camps at Blackguard Gully and Back Creek. They carried a flag with the words 'Roll-up Roll-up No Chinese', which is now on display in the Lambing Flat Folk Museum. The riot led to the passing of legislation to restrict access to goldfields to aliens and to refuse miners' rights to aliens. The violence of these riots resulted in the government responding to community concern by passing a Chinese Immigration Restriction Act and at an Inter-colonial Conference held in 1880 and 1881 uniform restrictive immigration laws were adopted. The march of the Europeans through the town on 30 June 1861 and the later declaration of the Riot Act were of immense significance to the history of the town of Young. In 1861 Lambing Flat had its name changed to Young. Historical State The place has associations with miners of various association nationalities who prospected here in the 1860s. It also significance has direct associations with the events of 30 June 1861 Criterion (b) that saw a high level of organised violence against Chinese miners. From the 1870s the place was principally associated with Irish immigrant miners Patrick Fitzgibbons, William O’Connell and Margaret O’Connell. The place also has associations with Young district miner John George Gough MLA. Aesthetic - - significance Criterion (c) Social significance Local Blackguard Gully is a recreation reserve and fossicking Criterion (d) area visited by many local residents. It has local social significance. Technical/ State Blackguard Gully was mined continuously from 1860 until Research at least 1930. The landscape contains a quite coherent significance ground sluicing system and has the potential to provide Criterion (e) information on site formation processes affecting alluvial gold mining areas worked by these methods. Rarity State Although many gold fields experienced protests against Criterion (f) the Chinese, Lambing Flat was unique in the level of organisation of the riots, the purpose made flag that was carried, and the fact that the site of the first riot survives as a public space. Representat- State The place is representative of alluvial mining areas iveness worked during the gold rushes of the 1850s and 1860s, Criterion (g) and subsequently worked by ground sluicing. It is also the place at which the most organised violence was perpetrated by European miners against Chinese miners and is representative of the interracial violence that became endemic on the Australian goldfields in the 1850s and 1860s. Integrity The place has been heavily modified since the 1870s but retains a Criterion (h) moderate to high degree of integrity as a late 19th century alluvial gold mining landscape. High Ground Consulting 16.12.2015 (DRAFT) 62 Blackguard Gully, Young – Conservation Management Plan Summary statement of significance Blackguard Gully is of historical significance as the site of one of the worst riots against Chinese miners in Australian history. In late 1860 and early 1861 there were several attacks on Chinese miners. Following initial disturbances the place was set aside as an area for Chinese miners. On 30 June 1861 some 3000 Europeans marched against Chinese miners on Lambing Flat goldfields, attacking their two main camps at Blackguard Gully and Back Creek. They carried a flag with the words 'Roll-up Roll-up No Chinese', which is now on display in the Lambing Flat Folk Museum. The riot led to the passing of legislation to restrict access to goldfields to aliens and to refuse miners' rights to aliens. The violence of these riots resulted in the government responding to community concern by passing a Chinese Immigration Restriction Act and at an Intercolonial Conference held in 1880 and 1881 uniform restrictive immigration laws were adopted. The march of the Europeans through the town on 30 June 1861 and the later declaration of the Riot Act were of immense significance to the history of the town of Young. In 1861 Lambing Flat had its name changed to Young. The place has associations with miners of various nationalities who prospected here in the 1860s. It also has direct associations with the events of 30 June 1861 that saw a high level of organised violence against Chinese miners. From the 1870s the place was principally associated with Irish immigrant miners Patrick Fitzgibbons, William O’Connell and Margaret O’Connell. The place also has associations with Young district miner John George Gough MLA. The place is a recreation reserve and fossicking area visited by many local residents. It has local social significance. Blackguard Gully was mined continuously from 1860 until at least 1930. The landscape contains a quite coherent ground sluicing system and has the potential to provide information on site formation processes affecting alluvial gold mining areas worked by these methods. Although many gold fields experienced protests against the Chinese, Lambing Flat was unique in the level of organisation of the riots, the purpose made flag that was carried, and the fact that the site of first the riot survives as a public space. The place is representative of alluvial mining areas worked during the gold rushes of the 1850s and 1860s, and subsequently worked by sluicing. It is also the place at which the most organised violence was perpetrated by European miners against Chinese miners and is representative of the interracial violence that became endemic on the Australian goldfields in the 1850s and 1860s. The place has been heavily modified since the 1870s but retains high degree of integrity as a relic of late 19th century alluvial gold mining. 4.3 Gradings of significance The grading of significance of each element of the property has been assessed in accordance with its integrity, interpretations of its relationship to the identified historic themes, and its relationship with other features. Gradings of significance have been assessed using NSW Heritage Office criteria contained in the NSW Heritage Manual update Assessing Heritage Significance. According to this publication; High Ground Consulting 16.12.2015 (DRAFT) 63 Blackguard Gully, Young – Conservation Management Plan ‘Different components of a place make a different relative contribution to its heritage value. Loss of integrity or condition may diminish significance’139. The Western Australia State Heritage Office defines integrity as follows: Integrity is a measure of the likely long-term viability or sustainability of the values identified, or the ability of the place to restore itself or be restored, and the time frame for any restorative process.140 Gradings of significance reflect the relative contribution of an item or its components to the significance of the whole. The NSW Heritage Manual update Assessing Heritage Significance identifies gradings of significance as follows: Gradings of Significance Grading Justification Status Exceptional Rare or outstanding item of local or State Fulfils criteria for local or significance. State listing. High degree of intactness. Item can be interpreted relatively easily. High High degree of original fabric. Fulfils criteria for local or Demonstrates a key element of the item’s State listing. significance. Alterations do not detract from significance. Moderate Altered or modified elements. Fulfils criteria for local or Elements with little heritage value, but which will State listing. contribute to the overall significance of the item. Little Alterations detract from significance. Does not fulfil criteria for Difficult to interpret. local or State listing. Intrusive Damaging to the item’s heritage significance. Does not fulfil criteria for local or State listing. Gradings of significance of the elements of Blackguard Gully SHR precinct have been determined in accordance with the following criteria: • Original elements were generally regarded to have an exceptional or high grading of significance depending on condition and integrity. • Gradings of significance of elements that have been compromised by ongoing modifications, storm damage, weathering or vandalism have been allocated according to the condition and integrity of each element. • More recent elements or elements that have been heavily compromised have been identified as having little significance. Blackguard Gully Grading of Significance Excep- High Moderate Little Intrusive tional 139 NSW Heritage Office, 2001. Assessing heritage significance. p.11 140 State Heritage Office Western Australia. The Assessment Criteria for Cultural Heritage Significance. High Ground Consulting 16.12.2015 (DRAFT) 64 Blackguard Gully, Young – Conservation Management Plan Blackguard Gully Grading of Significance Excep- High Moderate Little Intrusive tional Victoria Gully & Blackguard Gully watercourse Blackguard Gully sign X Gold Trails interpretive signage X Pondage (former sludge dam) X Concrete pedestrian bridge X Victoria Gully watercourse X Remnant interpretive numbers X Concrete ramp X Access roadway X Sluicing dams (Lot 4524 DP 46320) Sluicing Dam No.1 – earthen X wall Sluicing Dam No.1 - basin X Sluicing Dam No.2 – earthen X wall Sluicing Dam No.2 – basin X Vegetation – native species X Vegetation – invasive species X Sluicing races (Lot 4524 DP 46320) Sluicing race 1.1 X Sluicing race 1.2 X Sluicing race 1.3 X Tubular steel fencing & gates X Brick toilet block X Septic tank X Puddling Mills (Lot 4524 DP 46320) Puddling mill (Sluicing Dam X No.1) - ditch Puddling mill (Sluicing Dam X No.1) - wooden ditch retaining structure Puddling mill (Sluicing Dam X No.1) – wooden mill structure Puddling mill (Sluicing Dam X No.2) – ditch & mound Gold Lease GL73 Broken, hummocky ground X Water race remnants X Sluicing dam X Granite outcrops X Access road X High Ground Consulting 16.12.2015 (DRAFT) 65 Blackguard Gully, Young – Conservation Management Plan 5. Constraints and opportunities 5.1 Constraints and opportunities arising from statement of significance Blackguard Gully is listed on the NSW State Heritage Register. The place has been assessed as having state historical, historical association, and technical/research significance, representativeness and rarity. The cultural heritage significance of Blackguard Gully derives from three principal sources: 1. The associations of the place with the Lambing Flat Gold Rush of 1860- 1861, the segregation of Chinese miners that occurred here and the savage anti-Chinese rioting of January and July 1861. 2. The association of the place with the development of Australian immigration policy in the late 19th century. 3. Surviving physical evidence of late 19th century ground sluicing demonstrating important elements of a coherent alluvial mining system. These three distinct sources of significance demand different priorities in terms of ongoing management of the place. These priorities are as follows: 1. Management of historical associations – Historical associations should be managed through development of; a. Comprehensive in-situ interpretations of the stories relevant to the site, including a virtual guided tour, b. Web and print based publications providing a clear and comprehensive appraisal of the importance of the place in Australian migration history, c. An interpretive centre or facility located near the site. 2. Management of significant physical evidence – The physical evidence of the extensive ground sluicing must be managed by; a. Restricting access by motor vehicles and motorcycles, b. Managing the site to minimise further damage to this infrastructure, c. Clearly interpreting the layout and significance of the ground sluicing system. Strategies and policies for managing these aspects of significance are included in Section 7 Conservation Policies & Guidelines. 5.2 Statutory and non-statutory listings 5.2.1 NSW State Heritage Register The place is currently listed on the State Heritage Register. This listing imposes specific obligations on the owners and managers of the property, including the following: High Ground Consulting 16.12.2015 (DRAFT) 66 Blackguard Gully, Young – Conservation Management Plan • Approval to alter the property Certain types of works require approval from the Heritage Council of NSW. A series of standard exemptions is available under the NSW Heritage Act. Recommended standard exemptions are listed in Appendix B of this Conservation Management Plan. Works not listed in the Conservation Management Plan that go beyond maintenance will require separate approval. • Minimum standards of maintenance and repair The NSW Heritage Act requires that items listed on the NSW Heritage Register be maintained to a reasonable standard. This is a legal obligation placed on the owners of a listed property. • Sale of the property A Section 167 certificate is required to accompany the sale of a property listed on the NSW State Heritage Register. Benefits of State Heritage Register listing include: Funding for conservation works Funding is available to private owners of properties listed on the State Heritage Register. Grant programs are announced annually. 5.2.2 Young LEP Heritage Schedule The place is listed on the Heritage Schedule (Schedule 5) of the Young Local Environmental Plan 2011. The following provisions apply to items listed on this schedule: 5.10 Heritage Conservation (2) Requirement for consent: Development consent is required for any of the following: (a) demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance): (i) a heritage item, (ii) an Aboriginal object, (iii) a building, work, relic or tree within a heritage conservation area, (c) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed, (d) disturbing or excavating an Aboriginal place of heritage significance, (e) erecting a building on land: (i) on which a heritage item is located or that is within a heritage conservation area, or (ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance, (f) subdividing land: (i) on which a heritage item is located or that is within a heritage conservation area, or High Ground Consulting 16.12.2015 (DRAFT) 67 Blackguard Gully, Young – Conservation Management Plan (ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance. (3) When consent not required However, development consent under this clause is not required if: (a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development: (i) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and (ii) would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or (b) the development is in a cemetery or burial ground and the proposed development: (i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and (ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or (c) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or (d) the development is exempt development. (4) Effect of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6). (5) Heritage assessment The consent authority may, before granting consent to any development: (a) on land on which a heritage item is located, or (b) on land that is within a heritage conservation area, or (c) on land that is within the vicinity of land referred to in paragraph (a) or (b), require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned. (6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item High Ground Consulting 16.12.2015 (DRAFT) 68 Blackguard Gully, Young – Conservation Management Plan and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause. (7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies): (a) notify the Heritage Council of its intention to grant consent, and (b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent. 5.3 Responsibility for management Blackguard Gully is Crown Land and Young Shire Council is responsible for managing the place as a public reserve. An opportunity exists to improve a number of aspects the management of the place, including implementation this Conservation Management Plan: • Management of public access to the site, including; o Development of a public car park, o Development of accessible pathways and viewing areas, o Provision of amenities for visitors. • Ongoing management of vegetation, including weed control. Relevant issues are defined below: 1. Development of a landscape management plan. 2. Development of an interpretive and research centre (Abacus Centre). 3. Communication of this CMP. 5.3.1 Development of a landscape management plan The landscape of Blackguard Gully is currently in an unkempt condition with deposits of rubbish, soil erosion, vehicle damage and dumped rubbish prevalent. Heritage Council Standard Exemptions applied to the site to undertake Landscape Maintenance (Standard Exemption 12) provide Young Shire Council with the ability take a more active role in landscape management. Standard Exemption 12 allows; a. Weeding, pest control etc, b. Pruning to control, improve shape or remove dead and dangerous material, c. Removal of dead and dying trees, d. Tree surgery. Young Shire Council should develop and implement a landscape management plan for the place consistent with the requirements of Standard Exemption 12 and this CMP. High Ground Consulting 16.12.2015 (DRAFT) 69 Blackguard Gully, Young – Conservation Management Plan 5.3.2 Development of a visitor carpark There is currently no formal car park for the Blackguard Gully precinct. The existing informal car park located on the southern shoulder of Whiteman Avenue is dangerous for vehicles and pedestrians. It also creates potential hazards for vehicles approaching the single lane road bridge over Garibaldi Gully. There is an urgent need to develop a safe and accessible carpark associated with the precinct. The most suitable locations appear to be as follows: • Victoria Street alignment of Lot 304 DP 754611, • Park located on Whiteman Avenue on the western side of Garibaldi Gully. This would require the development of a pedestrian access across Garibaldi Gully. Figure 5.1: Plan showing existing formal carpark & proposed carpark locations. 5.3.3 Development of the proposed Abacus (Suànpán) Centre Young Shire Council is currently considering the development of a centre to interpret the migration history of Young. The Vision Statement for this project is as follows: To create a world class interpretive, research and recreational centre that engages visitors in the story of Young, presented within the context of the Australian gold rushes and Chinese migration to Australia. A copy of the Action Plan for this development is included as Appendix C. The centre is proposed to be located either: • Within a suitable section of the Blackguard Gully SHR curtilage, or • On a site adjacent to the Blackguard Gully SHR precinct. High Ground Consulting 16.12.2015 (DRAFT) 70 Blackguard Gully, Young – Conservation Management Plan One objective of this CMP was to identify areas of low archaeological potential that may be appropriate for a development such as the Abacus (Suànpán) Centre. Analysis of the archaeological potential of the precinct indicates that the higher ground of Lot 304 DP 754611 may be suitable for the development of an interpretive centre. This section has a frontage to Victoria Street and overlooks much of the precinct. Alternately Council could consider the purchase of adjoining blocks on Victoria Street to host the proposed centre. 5.3.4 Communication The requirements of this Conservation Management Plan must be clearly communicated to all stakeholders. Stakeholders include: • Young Shire Council staff, in the following areas; o Planning, Environment & Strategic Services, o Operations, o Utility Service. • Abacus Centre Committee, Young Shire Council, • Department of Primary Industries – Lands. 5.4 Fossicking area Blackguard Gully is currently designated as a fossicking area. A Site Specific Exemption allowing “gold panning and fossicking” was gazetted on 13 March 2009. Fossickers accessing the SHR precinct regularly dig holes in the bases of former sluicing dams and races. This is quite intrusive and, if continued, could result in the destruction of areas of high or moderate archaeological potential. It is considered that the appropriate regulatory changes should be made to: • Remove the Site Specific Exemption allowing fossicking, or restrict this to places of low archaeological potential, or • Prohibit fossicking with the curtilage of the SHR. Alternately the relevant regulations regarding fossicking should be strictly enforced within the precinct. The guidelines for fossicking in New South Wales are included as Appendix E. High Ground Consulting 16.12.2015 (DRAFT) 71 Blackguard Gully, Young – Conservation Management Plan 6. Development of conservation policy Conservation policies are required to guide the ongoing management of the cultural heritage significance of the place, including its fabric and setting. Blackguard Gully is unique. This uniqueness is largely derived from the fact that part of the gully was specifically allocated Chinese gold miners in February 1861 and this area was the focus of the vicious attacks on Chinese miners that occurred on 30 June 1861. The civil unrest that surrounded these events has been recognised as the most organised anti-Chinese rioting in the Australian goldfields. Regardless of this historical significance the landscape of the SHR listed section of the gully has been heavily modified by ground sluicing activity and reflects little, if anything, of the events of the initial gold rushes or anti-Chinese riots. The existing landscape is a good representative example of an alluvial area that has been heavily sluiced over an extended period and its accessibility makes it an ideal place for interpretation. The policies in Section 7 of this Conservation Management Plan have been developed to ensure that the cultural heritage values of the place and its fabric are managed in a way that is consistent with a NSW State Heritage Register listing of the place. Policies were developed after review of appropriate planning documents and discussions with stakeholders. In development of conservation policies the following issues have been considered: • The need to protect the remaining evidence of alluvial goldmining. • The need to properly manage areas with high or moderate archaeological potential are not disturbed. • The need to develop an ongoing management regime for the place. • Management of access and visitation to minimise negative impacts on the place. • Management of the setting of the place. • The possible future need for services and amenities such as lighting and toilet facilities. • The possibility of developing the Abacus (Suànpán) Centre within the SHR curtilage. High Ground Consulting 16.12.2015 (DRAFT) 72 Blackguard Gully, Young – Conservation Management Plan 7. Conservation policies and guidelines 7.1 Definitions The following Burra Charter (Appendix A) definitions apply to terms used in these conservation policies and guidelines: 7.1.1 Place means site, area land landscape, building or other work, group of buildings or other works, and may include components, contents, spaces and views. 7.1.2 Cultural significance means aesthetic, historic, scientific social or spiritual value for past, present or future generations. 7.1.3 Fabric means all the physical material of the place including components, fixtures, contents, and objects. 7.1.4 Conservation means all the processes of looking after a place so as to retain its cultural significance 7.1.5 Maintenance means the continuous protective care of the fabric and setting of a place, and is to be distinguished from repair. Repair involves restoration or reconstruction. 7.1.6 Preservation means maintaining the fabric of a place in its existing state and retarding deterioration. 7.1.7 Restoration means returning the existing fabric of a place to a known earlier state by removing accretions or by reassembling existing components without the introduction of new material. 7.1.8 Reconstruction means returning a place to a known earlier state and is distinguished from restoration by the introduction of new material into the fabric. 7.1.9 Adaptation means modifying a place to suit the existing use or proposed use. 7.1.10 Use means the functions of a place, as well as the activities and practices that may occur at the place. 7.1.11 Compatible use means a use which respects the cultural significance of a place. Such use involves no, or minimal, impact on cultural significance. 7.1.12 Setting means the area around a place, which may include the visual catchment. 7.1.13 Related place means a place that contributes to the cultural significance of another place. High Ground Consulting 16.12.2015 (DRAFT) 73 Blackguard Gully, Young – Conservation Management Plan 7.1.14 Related object means an object that contributes to the cultural significance of a place but is not at the place. 7.1.15 Associations means the special connections that exist between people and a place. 7.1.16 Meanings denote what a place signifies, indicates, evokes or expresses. 7.1.17 Interpretation means all the ways of presenting the cultural significance of a place. 7.2 Policies The following conservation policies provide principles for the ongoing management of the Blackguard Gully SHR precinct. 7.2.1 Fabric Significant fabric of the landscape should be conserved in the following ways: • Fabric with exceptional or high gradings of significance - The fabric of the landscape identified as having exceptional or high gradings of significance (refer to Section 4.3) must be conserved and should not be damaged or interfered with. • Fabric with moderate grading of significance - The fabric of the landscape identified as having a moderate grading of significance (refer to Section 4.3) should be conserved but may be modified in accordance with the requirements of Section 7.4. • Fabric with little or intrusive gradings of significance - The fabric of the landscape identified as having little or intrusive gradings of significance (refer to Section 4.3) may be modified or removed. • New work - Any new work must not damage, or interfere with, existing fabric considered to have exceptional or high gradings of significance. • Areas with high or moderate archaeological potential – Areas of the place and its setting that are considered to have high or moderate archaeological potential must not be disturbed without relevant approvals under the Heritage Act 1977. The Heritage Council of NSW Standard Exemptions for Works Requiring Heritage Council Approval were applied to Blackguard Gully on 5 September 2008. These are included as Appendix B to this document. 7.2.2 Management of the precinct Young Shire Council is responsible for the management of the Blackguard Gully precinct and its surviving archaeological features. Young Shire Council should, at the earliest opportunity, develop a Plan of Management for the precinct covering the following matters: • Responsibility for management, • Security and monitoring of the precinct, • Control of access by recreational vehicles, • Development of a formal car park for persons visiting the site, High Ground Consulting 16.12.2015 (DRAFT) 74 Blackguard Gully, Young – Conservation Management Plan • Development of amenities for persons visiting the site, • Management of pedestrian access, • Weed control, • Removal of rubbish, • Minimisation of soil erosion. 7.2.3 Access Management of access will be a significant issue to be covered by a Plan of Management. This is outlined in Section 7.2.2. All access must be planned to consider the following issues: • Conservation of the significant fabric of the precinct. • Visitor safety. • Compliance with relevant legislation and standards. A risk assessment of all proposed access and pathway arrangements should be undertaken. This should focus on the safety of public access and potential threats to the significant fabric of the precinct. 7.2.4 Setting The setting of the place should be conserved in the following ways: • Preserving the remnant ground sluicing systems and their associated landscape features. • Maintaining visual links between the various elements of the site. 7.2.5 Installation of services & amenities Increasing visitation may require the installation of basic services such as a toilet and amenities in the form of a picnic shelter or covered seating. Such a building could serve as an outdoor educational centre. An electricity supply for lighting or other purposes could be provided by a solar panel array mounted onto the roof of any new structure. A composting toilet could possibly be installed. Any new structures or services must be located within areas of low archaeological potential identified in Section 3.5. 7.2.6 Management of archaeological features Where possible all present archaeological features should be retained in situ and future works planned to ensure minimal disturbance to the site. The following general principles should apply to management of archaeological features: • If future are undertaken in areas of high archaeological potential (refer to Section 3.9), the appropriate excavation permit should be obtained under Section 60 of the NSW Heritage Act 1977 prior to the commencement of those works. • In those areas with moderate archaeological potential (refer to Section 3.9), works involving ground disturbance should be monitored by a qualified archaeologist and resources made available for adequate recording. The monitoring program should apply during the initial stages High Ground Consulting 16.12.2015 (DRAFT) 75 Blackguard Gully, Young – Conservation Management Plan of construction, including during bulk excavation works and the digging of service, footing and pier trenches. • Where possible all present archaeological features should be retained in situ and future works planned to ensure minimal disturbance to the site. • It is highly unlikely that any Aboriginal artefacts or deposits likely to contain Aboriginal artefacts will be identified during archaeological investigation or otherwise. If this occurs it will be reported to the Director General of the Office of Environment & Heritage (National Parks & Wildlife Service) and the relevant permits should be obtained under section 91 of the National Parks and Wildlife Service Act 1974. 7.2.7 Fossicking In accordance with the recommendations of Section 5.4 the following actions should be taken: • Remove the Site Specific Exemption allowing fossicking, or restrict this to places of low archaeological potential, or • Prohibit fossicking with the curtilage of the SHR. This will require action by the following agencies: • Department of Industry & Investment NSW, • Heritage Council of NSW. If fossicking is allowed to continue within the precinct the regulations regarding this activity should be strictly enforced. 7.2.8 Approvals This Conservation Management Plan provides guidance for management of the precinct and makes specific recommendations regarding works. Regardless of this additional approvals will be required in the following circumstances: • Specific works covered by Standard Exemptions For Works Requiring Heritage Council Approval. (Refer to Appendix B), • New construction, • Modification of existing structures, • Works that involve ground disturbance. A decision making flowchart is included as Appendix D. 7.2.9 Documentation of changes All changes to the precinct, including restoration, reconstruction or adaptation, are to be fully documented in accordance with the requirements of the Burra Charter. 7.2.10 Review of the Conservation Management Plan This Conservation Management Plan must be reviewed by a heritage professional in five years. The review should include: High Ground Consulting 16.12.2015 (DRAFT) 76 Blackguard Gully, Young – Conservation Management Plan • Assessment of the condition of all mining systems, archaeological features and landscape features. • Assessment of any remedial works undertaken in accordance with the recommendations of this Conservation Management Plan. • Assessment of the adequacy of policies and guidelines for management of the place. • Identification of the need for new management approaches in the light of changed circumstances. 7.3 Recommendations regarding management of fabric 7.3.1 Victoria Gully & Blackguard Gully Watercourse This area currently forms the entry to the precinct. It has been heavily modified and has been assessed as having low archaeological potential. Current parking and access arrangements are inadequate and works are required to improve public access and safety. Works must be undertaken in accordance with the requirements of the Burra Charter and the NSW Heritage Branch Maintenance Series. Victoria Gully & Blackguard Gully Watercourse Precinct element Recommendation Blackguard Gully sign This sign can be replaced with signage developed according to a Blackguard Gully precinct style guide. Gold Trails interpretive This may be retained or relocated to a new entry signage point for the precinct. Pondage (former sludge May be retained or modified as required. dam) Concrete pedestrian May be retained or replaced as required. bridge Victoria Gully watercourse This watercourse should be kept free of rubbish & invasive weeds. Remnant interpretive These may be retained or removed as required. numbers Concrete ramp May be retained, removed or replaced as required. Access roadway This roadway should provide permanent access to the concrete ramp only. The roadway through the precinct to Victoria Street should be gated or blocked to prevent through traffic. 7.3.2 Main sluicing dams & associated races (Lot 4524 DP 46320) Lot 4524 DP 46320 contains the most complete ground sluicing system contained within the precinct and has the highest level of significance. The archaeological potential of the block has been assessed as follows (refer to Section 3.2): High Ground Consulting 16.12.2015 (DRAFT) 77 Blackguard Gully, Young – Conservation Management Plan • Eastern side - high archaeological potential, • Western side – moderate archaeological potential. This part of the precinct should be managed in a way that ensures the conservation of the surviving ground sluicing system and its infrastructure. Works must be undertaken in accordance with the requirements of the Burra Charter and the NSW Heritage Branch Maintenance Series. Main sluicing dams & associated races (Lot 4523 DP 46320) Precinct element Recommendation Sluicing dams Sluicing Dam No.1 – Must be conserved. Should be interpreted. earthen wall Sluicing Dam No.1 - basin Must be conserved & dumped rubbish removed. Should be interpreted. Sluicing Dam No.2 – Must be conserved. Should be interpreted. earthen wall Sluicing Dam No.2 – basin Must be conserved. Should be interpreted. Vegetation – native species May be retained to stabilise the sluicing races. Vegetation – invasive May be retained to stabilise the sluicing races. species Noxious plants should be poisoned. Sluicing races Sluicing race 1.1 Must be conserved. Should be interpreted. Plant growth should be retained. Noxious plants should be poisoned. Sluicing race 1.2 Must be conserved. Should be interpreted.Plant growth should be retained. Noxious plants should be poisoned. Sluicing race 1.3 Must be conserved. Should be interpreted. Tubular steel fencing & May be retained, removed or replaced as required. gates Brick toilet block Should be removed. Suitable amenities should be constructed in a place with lower archaeological potential. Septic tank Should be removed. Suitable amenities should be constructed in a place with lower archaeological potential. Puddling mills Puddling mill (Sluicing Dam This ditch must be conserved. Should be No.1) - ditch interpreted. Puddling mill (Sluicing Dam May be retained or replaced as required. No.1) - wooden ditch retaining structure Puddling mill (Sluicing Dam May be retained or replaced as required. No.1) – wooden mill structure Puddling mill (Sluicing Dam Must be conserved. Should be interpreted. No.2) – ditch & mound 7.3.3 Gold Lease GL73 The former Gold Lease GL73 contains some evidence of ground sluicing system that has been compromised by off road vehicles, flooding and erosion. This area has been assessed as having low archaeological potential (refer to Section 3.2). High Ground Consulting 16.12.2015 (DRAFT) 78 Blackguard Gully, Young – Conservation Management Plan This part of the precinct should be managed in a way that ensures the conservation of the surviving ground sluicing system infrastructure. Works must be undertaken in accordance with the requirements of the Burra Charter and the NSW Heritage Branch Maintenance Series. Gold Lease GL73 Precinct element Recommendation Broken, hummocky ground Should generally be conserved. Sections of this area may be suitable for development of car parking and new structures. Water race remnants Should be conserved & interpreted. Sluicing dam Should be conserved & interpreted. Granite outcrops Should be conserved & interpreted. Access road The roadway through the precinct to Victoria Street should be gated or blocked to prevent through traffic. 7.4 Conservation Action Plan The following is a summary of conservation actions identified in Sections 7.2 and 7.3, and Section 8 of this CMP. Conservation Action Action Description Agency responsible No. Action for action 1. Formally adopt the Adopt the CMP and implement Young Shire Council CMP its recommendations. 2. Prepare a Plan of Prepare & implement Plan of Young Shire Council Management for the Management as recommended Blackguard Gully in Section 7.2.2. Precinct 3. Restrict motor Establish physical barriers and Young Shire Council vehicle access to signage to prevent uncontrolled the precinct vehicle access. 4. Revoke access to Clearly define areas suitable for Department of Industry & fossicking fossicking or revoke the right to Investment NSW fossick within the precinct. Heritage Council of NSW (Refer Section 7.2.7) 5. Prepare risk Risk assessments should be Young Shire Council assessments prepared for visitation to the precinct. 6. Develop alternate Alternate parking and Young Shire Council parking and pedestrian access to be pedestrian access developed in accordance with the recommendations of Section 5.3.2. 7. Plan conservation Plan works for stabilisation & Young Shire Council works conservation of all features in accordance with recommendations contained in Section 7.3. 8. Plan and install in Plan and install interpretations Young Shire Council situ interpretations as proposed in Section 8. 9. Develop the Develop the Abacus (Suànpán) Young Shire Council Abacus (Suànpán) Centre as proposed in Section Centre 5.3.3. High Ground Consulting 16.12.2015 (DRAFT) 79 Blackguard Gully, Young – Conservation Management Plan 8. Interpretation This section provides a brief outline of potential interpretation strategies that could be applied to the Blackguard Gully precinct. Such strategies should include: • Develop a logo specific to the interpretation of the site, • Development of escorted tours of the site, • Design and installation of on-site interpretive signage, • Erection of a new shelter structure to host interpretive and educational activities. • Development of a web site and use of social media to share stories of Blackguard Gully. In situ interpretations could be styled to complement the existing Gold Trails signage. 8.1 Interpretation themes The following interpretation themes should be used to guide the development of information sharing activities: 1. The Lambing Flat gold rush. 2. Conflict on the gold field – the Chinese miners 3. Alluvial mining methods. 4. Ground sluicing by the Fitzgibbon and O’Connell families – the Irish miners 8.2 Development of interpretive pathways Interpretation should be planned to ensure that visitors obtain quality information on the historical context and archaeology of Blackguard Gully. Interpretation planning should establish a series of “pathways” through the precinct that encourage visitors to explore both the residual mining landscape and the process of ground sluicing. Tracks could be designed to provide clear views of, but avoid traversing, archaeological sites and ruins. 8.3 Site based interpretations Robust, well-designed signage should be developed to assist with providing an understanding of the story of Blackguard Gully. Such signs could be designed to speak to each of the interpretive themes identified in Section 8.1. National Parks and Wildlife standard signage is quite appropriate for use in outdoor and isolated settings such as Blackguard Gully. Locally designed signage consistent with the style of the current Gold Trails signage would also be most appropriate. Example of current Gold Trails signage are shown below. High Ground Consulting 16.12.2015 (DRAFT) 80 Blackguard Gully, Young – Conservation Management Plan Plate 8.1: Gold Trails interpretive sign for Blackguard Gully located on the Whiteman Avenue frontage of the precinct. Plate 8.2: Gold Trails interpretive sign located between Sluicing Race 1.1 & Sluicing Dam No.2. High Ground Consulting 16.12.2015 (DRAFT) 81 Blackguard Gully, Young – Conservation Management Plan 9. References Books, articles, thesis, reports, websites Australia ICOMOS, 2000. The Burra Charter – The Australia ICOMOS Charter for Places of Cultural Significance 1999, Australia ICOMOS, Burwood. Heritage Office, 2001 Assessing Heritage Significance. NSW Heritage Office, Parramatta. Heritage Office, 1996. NSW Heritage Manual; History and Heritage, Archaeological Assessments, Heritage Assessment Guidelines. Heritage Office and Department of Urban Affairs and Planning (NSW), Sydney. NSW Heritage Office, 2001. A suggested Table of Contents for a Conservation Management Plan that can be endorsed by the NSW Heritage Council. NSW Heritage Office, 2000. Assessing Heritage Significance – NSW Heritage Manual update Australian Heritage Commission, 2001. Australian Historic Themes: A framework for use in heritage assessment and management. Commonwealth of Australia, Canberra. Bandler, F. & Fox, L. (eds), 1983. The Time was Ripe. Extract 15 [Online]. Available: http://www.arts.monash.edu.au/ncas/teach/unit/his/His21o1a/Assets/docs/b andler.html (2005, December 21) Bayley, W. A., 1977. Rich Earth. History of Young New South Wales. Young Municipal Council, Young. Bergman, G., 1982. ‘Jacob Myer Isaacs’, Australian Jewish Historical Society – November 1982. Buxton, G. L., 1967. The Riverina 1861-1891: An Australian Regional Study, Melbourne University Press, Melbourne. Connor, J. 2002. The Australian Frontier Wars 1788-1838. University of New South Wales Press, Sydney. Fielder, C., 2013. Scarred History: An observation of extant physical features relating to alluvial gold mining activity remaining at Little Spring Creek Goldfield, Young, NSW. Report prepared by Christian Fielder (220078764) under supervision of A/Prof Wendy Beck and Dr. Maria Cotter, for Minor Research Project HUMS507. University of New England, Armidale NSW. High Ground Consulting 16.12.2015 (DRAFT) 82 Blackguard Gully, Young – Conservation Management Plan Fitzgerald, J., 2007. Big White Lie. Chinese Australians in White Australia. University of New South Wales Press, Sydney. Flood, J., 1994. Archaeology of the Dreamtime, Angus and Robertson, Sydney. Forbes, W., 2003. Bow Bells to Burrowa Street. An early Australian life – the story of George Cranfield. D. W. Forbes, Leura. Golden Gully and Archway [Online] Available: http://www.environment.nsw.gov.au/heritageapp/ViewHeritageItemDetails.as px?ID=5045503 (2015, October 18) Hammond, M., 1988. Remembered With Pride. The Recollections of an Australian Gold-digger. Cambaroora Star Publications & Ashfield Municipal Council, Lewisham. Heritage Office and Department of Urban Affairs and Planning, 1996. Regional Histories – Regional Histories of New South Wales. Crown Copyright, Sydney. Irving, T. H., 1977. ‘1850-70’ in Crowley, F. K., ed. A New History of Australia, William Heinemann Australia, Melbourne. Kabaila, P., 1996. Wiradjuri Places. The Lachlan River Basin. Volume 2. Black Mountain Projects Pty Ltd., Jamison Centre. Kass, T., 2003. A Thematic History of the Central West. NSW Heritage Office, Parramatta. Kass, T., Liston, C. & McClymont, J., 1996. Parramatta. A Past Revealed. Parramatta City Council, Parramatta. Lamb, M. & Hall, M., 2003. Young: 120 Years of Local Government. 1882-2002. Maree E. Lamb & Margaret J. Hall, Young. Langford-Smith, T., 1978. Silcrete in Australia. Armidale, Department of Geography, University of New England. Lawrence, S., 2000. Dolly’s Creek: An Archaeology of a Victorian Goldfields Community. Melbourne University Press, South Carlton. McGowan, B., 2003. High Ground Consulting 16.12.2015 (DRAFT) 83 Blackguard Gully, Young – Conservation Management Plan ‘The archaeology of Chinese alluvial mining in Australia’ in Casey, M.& Ritchie, N. (eds.) Australasian Historical Archaeology Vol. 21. Australasian Society for Historical Archaeology, Sydney University. McGowan, B., 1996. ‘The Typology and Techniques of Alluvial Mining’ in Birmingham, J. (ed.), Australasian Historical Archaeology Vol. 14. Australasian Society for Historical Archaeology, Sydney University. McGowan, B., 1992. ‘Aspects of Gold Mining and Mining Communities in the Shoalhaven Area of New South Wales: An Archaeological and Historical Study’ in Birmingham, J. & Egloff, B. (eds.), Australasian Historical Archaeology Vol.10, Australasian Society for Historical Archaeology, Sydney University. McGregor, H. & J., 1999. Roll–Up. H.E. & J.K. McGregor, Dunedoo. Maroney, R., Undated. A Short History of the Lambing Flat Gold Rush 1860-1861. Mines, Department of, 1878. Annual Report for the Department of Mines, New South Wales, for the Year 1877. Department of Mines, Sydney. Mines, Department of, 1882. Annual Report for the Department of Mines, New South Wales, for the Year 1881. Thomas Richards Government Printer, Sydney. Mines, Department of, 1889. Annual Report for the Department of Mines, New South Wales, for the Year 1888. Charles Potter Government Printer, Sydney. Morrissey, S., 1978. ‘The Pastoral Economy 1821-1850’ in Griffin, J. (ed.), 1978, Essays in Economic History of Australia, The Jacaranda Press, Milton. Mulvaney, J. & Kamminga, J., 1999. Prehistory of Australia, Allen & Unwin, St Leonards. Musgrave, S., 1984. The Wayback, Fred O’Reilly’s Printing Services, Young. Paskin, R., 2007. Landscape Management Plan Golden Gully. Prepared for Department of Environment and Climate Change, Parks & Wildlife Division. Pearson, M. & McGowan, B., Undated. Mining Sites in NSW: History and Heritage – with guidelines for assessing heritage values and for taking actions on heritage mining places. NSW Government Industry & Investment, Sydney. Pearson, M. & McGowan, B., 2000. Mining Heritage Places Assessment Manual. Australian Heritage Commission and National Trust, Canberra. High Ground Consulting 16.12.2015 (DRAFT) 84 Blackguard Gully, Young – Conservation Management Plan Preshaw, G., 1861? ‘Lambing Flat’ in Keesing, N. (ed.), 1971. History of the Australian Gold Rushes, Lloyd O’Neil, Hawthorn. Ritchie, N., 1991. ‘Is There An Optimum System?: The Recording and Assessment of Historic Mining Sites.’ in Birmingham, J., Egloff, B. & Wilson, A.. (eds.) Australasian Historical Archaeology Vol.9. Australian Society for Historical Archaeology, Sydney University. Ritchie, N. & Hooker, R., 1997. ‘An Archaeologist’s Guide to mining terminology’ in Lawrence, S. (ed.), Australasian Historical Archaeology Vol. 15. Australasian Society for Historical Archaeology, Sydney University. Rowley, C. D., 1978. The Destruction of Aboriginal Society, Penguin Books Ltd., Harmondsworth. Smith, L., 2003. ‘Identifying Chinese ethnicity through material culture: archaeological excavations at Kiandra, NSW’ in Casey, M.& Ritchie, N. (eds.) Australasian Historical Archaeology Vol. 21. Australasian Society for Historical Archaeology, Sydney University. Williams, M., 1999. Chinese Settlement in NSW a thematic history. NSW Heritage Office, Parramatta. Wilton, J., 2004. Golden threads: The Chinese in Regional New South Wales 1850-1950. New England Regional Art Museum, Armidale. Young & District Family History Group Inc, 1988. Pioneers of the Lachlan, Murrumbidgee and County King pre-1860. Young & District Family History Group Inc., Young. High Ground Consulting 16.12.2015 (DRAFT) 85 #214732 Report of the Meeting of the SOUTH-WEST REGIONAL LIBRARY COMMITTEE held at Harden Shire Council on Tuesday 3 May 2016, commencing at 10.05am. PRESENT Clrs Jack Ryan, John Walker, John Horton, Brian Mullany, David Evans; Sharon Hawkins, Jody Robinson, Simon Doolan, Greg Armstrong, Janice Ottey. 1. APOLOGIES Clr Cathy Sanderson; Judy Jordan, Trevor Drowley, David Aber. 2. CONFIRMATION OF MINUTES Recommended (John Walker, Jody Robinson) the Minutes of the Meeting held on 8 March 2016 are confirmed. 3. ACTION PLAN REVIEW See updated Action Plan. 4. CORRESPONDENCE State Library of NSW advising the two applications for Public Library Infrastructure Grants 2015/2016 were unsuccessful. 5. LIBRARIES’ QUARTERLY REPORT Recommended (Sharon Hawkins, Janice Ottey) the Report is received. 6. QUARTERLY FINANCIAL STATEMENT Recommended (David Evans, John Walker) the Report is received, noting the variation in Income as being Interest on Investments. 7. DRAFT BUDGET ESTIMATES 2016/2017 Recommended (Brian Mullany, Sharon Hawkins) the Draft Budget is adopted, with amended Branch Staff Salaries to be advised by Boorowa Council and Harden Shire Council as soon as available. 8. PUBLIC LIBRARY INFRASTRUCTURE GRANTS Information noted. 9. GENERAL BUSINESS 9.1 Clr Sanderson (via email) enquired about Business Continuity Plans, which are the responsibility of Individual Councils. An IT Disaster Plan has been developed for the Young Library. 9.2 Greg Armstrong advised that Mr Robert Knight, Director of Riverina Regional Library, indicated interest in acquiring additional library branches. No funding contributions have been made available for consideration. 10. NEXT MEETING The next meeting will be held at Boorowa Council on 2 August 2016. There being no further business the meeting closed at 11.05am. SOUTH-WEST REGIONAL LIBRARY SERVICE ACTION PLAN # REF ACTION BY WHOM BY WHEN COMPLETED /DISCUSS 12/15 10.3 Revise SWRLS Strategic Committee 8/3/16 Deferred Plan 20/15 12 Review options for T. Drowley 3/11/15 Deferred SWRLS future, including base comparative info MEETINGS: DATE LOCATION PURPOSE 2 August 2016 Boorowa 1 November 2016 Young 7 March 2017 Harden #213807 Report of the Meeting of the TIDY TOWNS COMMITTEE OF COUNCIL Held in the Community Room, Town Hall, Boorowa Street, Young 4th May, 2016 commencing at 5pm 1. PRESENT: Committee – Clr Sandy Freudenstein, Joan Spring, Jean Spring, Margaret Phelan, Judy Scelly, Russell Price, Betty Douglas and Helenie Carmody Staff – Hugh Jackson 2. APOLOGIES: Clr Allan Miller, Pauline Parkman, Kathleen Stassen, Joy Cornish and Michael Mercer 3. CONFIRMATION OF MINUTES The Committee adopted the Report of the Tidy Towns Committee Meeting held 2nd March 2016 as a true and accurate record. Moved Betty Douglas /Seconded Helenie Carmody • Business Arising/Action Checklist Manager Recreation provided an update on the list of actions outstanding. • 4. REPORT FROM GENERAL MANAGER Nil 5. General Business 5.1 Discuss the calling of the Annual General Meeting on the 1st June 2016 • To be held on the 1st June 2016 • Hugh Jackson to advise Leanne Hardy to place an advertisement in the Council page of the Young Witness. 5.2 Under the Bridge Mural Project committee meeting minutes #213752 • Minutes of the meeting held 20/04/16 were table and discussed. It was raised by Russell Price and supported by Betty Douglas that the recommendation in 6.1 of the meeting held on the 02/03/2016 prevented Joy Cornish from being reimbursed for out of pocket expenses for materials and payment of assisting artist who are undertaking mural work on her behalf. The committee agreed that Joy is to present her receipts of payment to the Committee meeting so payment can be arranged. Betty Douglas − Request that Council/Ranger inspect the Footpath at 147 William Street with the purpose of requesting the resident to remove the pile of fill and other material they have deposited on the footpath. − Could approval be sought to purchase 3 more dog bag dispensers to be placed along Burrangong creek walkway ie weir crossing, Captain Cook Weir, below Clark and Thornhill Street entrance Joan Spring − Requested that the uneven footpaths in front of St Marys Church (Ripon Street) and Uniting Church (Lynch Street) be inspected as the patched surface is making it difficult for the elderly. Sandy Freudenstein − Seeking information and locations regarding “we are a tidy town’ information sign blade and if possible place them on the welcome to Young signs outside event advertisement periods. Meeting Closed at 6:25pm next meeting is proposed for 1st June 2016 at 5:00pm #213805 Report of the Meeting of the FRUIT INDUSTRY COMMITTEE YOUNG AND HARDEN Held in the Council Chambers, Town Hall, Boorowa Street, Young 4th May, 2016 commencing at 12pm PRESENT: Committee –. Clr Brian Mullany, Bernie Dominiak (NSW DPI), Fay Hayes (DPI), Lloyd Kingham (DPI), Kevin Dodds (DPI), Brett Dalliston (DPI),Trevor Hall, Darryl Barbour (Plant Health Aust), Scott Coupland, Peter Kennedy, Geoff Clarke, Chris Manchester, Michael Batinich and Penny Measham Staff – Hugh Jackson APOLOGIES: Clr Brian Ingram, Tammy Galvin CONFIRMATION OF MINUTES The Committee adopted the Report of the Fruit Industry Young and Harden Committee Meeting held 7th April 2016 as a true and accurate record. Moved Bernie Dominiak /Seconded Trevor Hall BUSINESS ARISING/ACTION CHECKLIST Manager Recreation provided an update on the list of actions outstanding REPORT FROM GENERAL MANAGER Nil General Business Actions from item 4.1 The control of Q-Fly in Young township for 2016/17 was discussed and it was recommended that • The Male Annihilation Technique (MAT) be installed by the end of August. • If the Sterile Insect Technique (S.I.T) is available it should commence in September. If S.I.T isn’t available Council should commence slash baiting. This will ensure the control of any early Q-Fly to prevent any early populations from establishing. New Federal Tax rate for overseas seasonal workers (backpackers) – The local cherry growers are concerned with how this will affect the availability of seasonal workers in the future. They have requested assistance from Council in drafting a letter to the Federal Government outlining their concerns. The draft letter is to be tabled at the next meeting. Recommendation That Council prepare a letter to the Federal member outlining the concerns of the Young and Harden Fruit Industry Committee regarding the impacts of the tax rate for overseas workers. Moved Brain Mullany /Seconded Trevor Hall Geoff Clark asked Chris Manchester for information regarding Harden Shire Council proposed action to assist in controlling Q-Fly ie a budget allocation, MAT program etc. The information is to be provided at the next meeting. Moved Geoff Clarke /Seconded Michael Batinich Councillor Brian Mullany − Requested that the pile of fruit trees pushed out on Council Land adjacent to Olympic Highway be burnt this winter. Hugh Jackson − Follow up on community survey. Meeting Closed at 1:08pm next meeting is proposed for 3 June 2016 at 3:00pm #214768 Minutes of the Ordinary Meeting of the Young Shire Council Youth Council Council Chambers, Young Town Hall Building On 9th May 2016, commencing at 4.00pm Present: Lizzie Butt, Sam Cullen, Austin McFeeters, Tash Harrison, Jess Lacey Observers: Sally Atkinson, Apologies: Ben Cooper, William Ross, Nenad Jelinek, Bree Dawe, Isaac Northcott, Tim Maloney, Jordan Waugh Item 1 Minutes of the previous meeting: Moved by Sam and Lizzie that the minutes of the meeting 4th April are true and correct. Item 2 Blank Kangaroo/Possible Events • World Environment Day 5/JUN • World Oceans Day 8/JUN • MND 21/JUN ♥♥♥ • Australia’s Biggest Morning Tea 18/JUN ♥♥♥♥ • Stress Down Day/Pyjama Day 22/JUL(ish) ♥♥♥ • Olympics 5/AUG • Wear it Purple Day 26/AUG • Daffodil Day 26/AUG • R U OK SEP • National Recycling week 7/NOV • Cherries for tourism Item 3 General Business • Youth Week Debrief o Positive feedback about the movie and soccer o More advertising and organisation was needed o Too cold, indoors may be better o Park doesn’t have the appeal of the cinema o Check the suitability of movie screening i.e. swearing • Cherry Chase prep for next meeting • Small activities such as a film at the cinema • 22/July(ish) holiday movie, Sal to contact Lauren. Meeting closed 5:00pm The next meeting will be held 6 June 2016 at 4pm in the Council Chambers, Town Hall. #214704 Report of the Meeting of the ASSET RENEWAL COMMITTEE OF COUNCIL Held in the Community Room, Town Hall, Boorowa Street, Young 10th May, 2016 commencing at 4pm PRESENT: Committee – Clr Tony Wallace, Clr Sandy Freudenstein, Clr Brian Mullany and Clr Allan Miller Staff – David Aber, Dirk Wymer, Greg Armstrong 1. APOLOGIES: Clr John Walker - The Committee expressed their condolences for father in-law Roy Barton. Moved Sandy Freudenstein /Seconded Allan Miller 2. CONFIRMATION OF MINUTES The Committee adopted the Report of the Asset Renewal Committee Meeting held 25th February 2016 as a true and accurate record. Moved Brian Mullany /Seconded Allan Miller 3. BUSINESS ARISING/ACTION CHECKLIST Director – Operations provided an update on the list of actions outstanding. 4. REPORT FROM GENERAL MANAGER 4.1 Unsealed Roads Resheeting Program Progress Report Recommendation That Council receive and note the information provided on the planned gravel road resheeting program. Moved Brian Mullany /Seconded Allan Miller 4.2 Operations third quarter budget review, Sealed Roads Maintenance Plan and Key Performance Indicators Recommendation That Council receive and note the draft Operations quarterly review and the key performance indicators for the Sealed Roads Routine Maintenance Plan Moved Sandy Freudenstein /Seconded Brian Mullany 4.3 Operations Ten Year Financial Plans: currently unfunded capital works Recommendation That Council receives and notes the information provided on unfunded works within the Ten Year Financial Plan Moved Sandy Freudenstein /Seconded Brian Mullany 5. General Business Councillor Allan Miller - Requested Michael Rolls to be informed on the progress of Wickham Lane kerb and gutter. - Monteagle Stock Route, letter regarding the dust; what action is Council taking. - Patch work on Campbell street at the High School has potholes - Noise issue due to patch work on the highway near Malvicinos Road Councillor Sandy Freudenstein - Cherry Capital roof renewal. Details of this project to be provided. - Investigate access into storm water pipe under the ABC Centre. Councillor Brian Mullany - Need to provide resources to count fruit fly traps when Hugh Jackson is away. - Spring Creek Road: need to look at widening inside of curve at Peter Mullany’s property Councillor Tony Wallace - Fishers Lane what’s the progress on grading and resheeting - Cranfield Oval earthworks respond to letter - Apps Lane tree removal at roadworks or plantation Meeting closed at 5:20pm next meeting is proposed for 28 June 2016 at 4:00pm SOUTHERN SLOPES NOXIOUS PLANTS AUTHORITY MINUTES OF THE MEETING OF THE AUTHORITY, HELD AT THE OLD COUNCIL CHAMBERS, COURT STREET BOOROWA, ON THURSDAY 18TH FEBRUARY 2016, COMMENCING AT 4.00.PM. ATTENDANCE: Councillors: Boorowa: Clr C Corcoran Clr T McGrath Harden: Clr T Flanery Young: Clr A Miller Cir T Wallace Yass: Cir C Burgess Staff: DJ Minehan - General Manager APOLOGIES: - Clr J Horton & Clr G Ware 01/16 RESOLVED: That the above apologies are accepted. Councillors: A. Millerff. Wallace Declaration of Interests: Nil CONFIRMATION OF MINUTES 02/16 RESOLVED: That the Minutes of the Ordinary Meetings of the Authority held on Thursday 15th October 2015 and 17th December 2015 be confirmed. Councillors: A. Millerff. Wallace Business Arising from Minutes: Clr T Flanery: How is the Yass Weeds Inspector progressing and does SSNPA do any private works at Y ass? General Manager: Yass inspector working on a casual basis at present and we hope to increase his weekly hours this year. Yes, we carry out private works at Y ass. THIS IS PAGEONEOFTHEMINUTES OF THE MEETING OF THE AUTHORITY HELD ON 18TH FEBRUARY 2016. SOUTHERNSLOPESNOXIOUSPLANTSAUTHORITY MINUTES OF THE MEETING OF THE AUTHORITY, HELD AT THE OLD COUNCIL CHAMBERS, COURT STREET BOOROW A, ON THURSDAY 18TH FEBRUARY 2016, COMMENCING AT 4.00.PM. FINANCE REPORT Item 1: Financial Reviews to 30 November 2015 and 31 January 2016 03/16 RESOLVED: That the County's Financial Review for 30 Novcmbe:r 2015 and 31January2016 is received. Councillors: T. Flaneryff. McGrath Clr T Flanery: Is private works income a cash received amount or a billed amount? General Manager: This figure is an invoiced amount. Cir T Flanery: Is Section 20 entry work included in this figure? General Manager: Yes, it is. Clr T Flanery: Is the State Government grant normally this late? General Manager: Yes, but later this year due to changeover of grant adm1nistration to Local Land Services from Department of Agriculture. GENERAL MANAGER'S REPORT Item 1: Current Weed Control Programs (December Report) Item 2: Current Weed Program Clr AMLller: Is there more Blackberry around the district than there normally is? General Manager: Possibly yes, it is a suitable season for Blackberry to flourish. Clr T Flanery: The Harden road shoulders have been well controlled of late. General Manager: Yes, we are consulting with Mark Crisp on timing and application. Item 3: Vehicle Changeover 04/16 RESOLVED: That the vehicle changeover quotation of $26,750 be accepted from Watson Toyota. Councillors: T. Flanery/A. Miller Clr T Flanery: Do servicing costs increase much if vehicles are kept for longer, before trading? General Manager: Not really, except for 150,000km service which requires a new timing belt. The only additional cost for the GM's Hilux has been a set of brake pads. THIS IS PAGE TWO OF THE MINUTES OF THE MEETING OF THE I AUTHORITY HELD ON 18TH FEBRUARY 2016 SOUTHERNSLOPESNOXIOUSPLANTSAUTHORJTY MINUTES OF THE MEETING OF THE AUTHORITY, HELD AT THE OLD COUNC~ CHAMBERS, COURT STREET BOOROWA, ON THURSDAY 18TH FEBRUARY 2016, COMMENCING AT 4.00.PM. GENERAL MANAGER'S REPORT (Cont'd) Item 4: Vacant Crown Land Grant Item 5: ST & SCNPC Regional Meeting Minutes Item 6: Policy Updating Item 7: Biosecurity Act Item 8: NSW LSS Regional Weeds Committee Item 9: The Economic Cost of Weeds in NSW Item 10: Vehicle Procurement Policy and Procedure 05/16 RESOLVED: That the Draft Vehicle Procurement & Procedure Policy be adopted. Councillors: T. Flanecyff. Wallace GENERAL BUSINESS: Clr C Burgess: Gundaroo/Sutton Road may require Blackberry control, as well as the Hume Highway. NEXT MEETING: Thursday 21st April 2016. TERMINATION: There being no further business the Meeting closed at 5.15pm. These Minutes were confirmed and signed at a Meeting of tbe Authority held on Thursday, 21st April 2016. CHAIRPERSON THIS IS PAGE THREE OF THE MINUTES OF THE MEETING OF THE I AUTHORITY HELD ON 18TH FEBRUARY 2016 Boorowa Health Service Local Implementation Committee Meeting Minutes 22/04/2016 Commenced at 1035 1. ATTENDANCE Kerry Lindeman, Evelyn Shea, Fiona Simmons, Phil Armitage. Wendy Tuckerman 2. APOLOGIES Dr Win, Maurice Ahearn (Director Finance), Narelle Angel, Monica Good 3. CONFIRMATION OF PREVIOUS MlNUTES No previous Minutes as inaugural meeting. 4. OUTSTANDING ACTIONS/lTEMS FROM PREVIOUS MEETING No actions as inaugural meeting. 5. STANDARD AGENDA ITEMS 5.1 Section 19(2) Exemptions Initiative General Status Report This is the Managers report. 5.2 Section 19(2) Exemptions Initiative General Practitioner Issues Nil to report as inaugural meeting. A report is given to lhe GPNMO's with lhe items numbers claimed so that they are aware as their Provider Number is used. 5.3 Section 19{2) Exemptions Initiative Other Stakeholder Issues Nil to report as inaugural meeting. Funding can be spent on Allied Health services including people who GP Management Plans. 5.4 Section 19(2) Exemptions Initiative Other Stakeholder Issues Nil to report as inaugural meeting 5.5 Risk Management- emerging 19(2) risks Nil to report as inaugural meeting but the risk is not capturing the revenue at a site. Patients sign the Medicare form assigning their rights to the hospital. Can be followed up w ith reconciliation and Nurse Manager signing. 5.6 Reinvestment of 19(2) Funds - Income & Expenditure Report Currently there is $2000 Plan to be developed as report due to the Commonwealth by the end of June. Funding must be spent on Primary Care which can include Aged Care Examples include, Health promotion, equipment in ED, education for VMO's. Need to include VMO in planning. Group funding including other sites can be actioned but ideally it is better spent locally. 1 Plan to be developed by Friday 13 h May and forwarded to Evelyn Shea 5.7 Review of 19(2) Reinvestment Priority List 5.8 Upcoming GP 19(2) Provider Numbers Status Report I 5.9 Medicare Benefits Schedule (MBS) Item Number Update Annual Reports to NSW Ministry of Health due 31 81 July annually End of Financial Year - Medicare Information Letters issued to GPs In July 6. NEW BUSINESS Nil as inaugural meeting 7. UPDATES FROM NSW MINISTRY OF HEALTH Commonwealth has get out clause, which means that there is an 18 month notice if they want to cease the initiative. 8. GENERAL INFORMATION The Terms of reference were discussed. Membership includes, • Boorowa Council Mayor or delegate • VMO • Local Health Advisory Chair or delegate • Murrumbidgee Performance Manager • Director of Finances Murrumbidgee Local Health District (MLHD) • Nurse Manager 9. BUSINESS WITHOUT NOTICE Nil for this meeting NEXT MEETING 1 Friday 8 h July 2016 ORDINARY MEETING AGENDA 24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden CLOSED COUNCIL 16/14 – EXCLUSION OF THE PRESS AND PUBLIC STATUTORY PROVISIONS In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in section 10A(2) of the Act, and should be dealt with in a part of the meeting closed to the media and public. Set out below is section 10A(2) of the Local Government Act 1993 in relation to matters which can be dealt with in the closed part of a meeting. The matters and information are the following: (a) personnel matters concerning particular individuals (other than Councillors) (b) the personal hardship of any resident or ratepayer (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business (d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the Council, or (iii) reveal a trade secret (e) information that would, if disclosed, prejudice the maintenance of law (f) matters affecting the security of the Council, Councillors, Council staff or Council property (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege (h) information concerning the nature and location of a place or an item of Aboriginal significance on community land. 123 ORDINARY MEETING AGENDA 24 MAY 2016 Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden RECOMMENDATION 1. That Council resolve into Closed Council to consider business identified, together with any late reports tabled at the meeting. 2. That pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) as outlined above. 3. That the correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993. ITEM 1: COMMERCIAL MATTER This item is classified CONFIDENTIAL under section 10A(2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business 124