Notice of Motion 1/2010

NOTICE OF MOTION 1/2010

I hereby give notice of my intention to move at the Ordinary Meeting of Council, to be held on the 20 July 2010, a Motion that:

1. Council register its lack of confidence in Cr Wall’s ability to adequately, appropriately and effectively represent Council resolutions in relation to Tillegra Dam in the media and in deputations to local members of parliament, government Ministers and members of the Opposition.

2. Councillor Wall be requested to stand down as Mayor and that nominations be called for and voted on for re-filling the position immediately.

Cr Peter Ainsworth

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm.

NOTICE OF MOTION 2/2010

I hereby give notice of my intention to move at the Ordinary Meeting of Council, to be held on the 20 July 2010, a Motion that:

Council staff collate all information relating to alternative uses for the Tillegra Dam site prior to the next ordinary Council meeting for Councillors to develop a policy for Dungog Council to take to the NSW Government in view of the increasing likelihood that it will not proceed.

Cr Robert Booth

The basis for the motion is:

The Tillegra Dam proposal was announced amid much controversy in 2006. The government anticipated a quick assessment and approval process under Part 3A planning provisions and originally forecast to be commencing construction in 2008. Since then, there has been significant and sustained doubt relating to justification, socio-economic analysis, geological integrity, costings and drought scenarios. Independent scientists and institutions, public opinion and political opposition has drawn out the process and cast a lot of doubt as to whether the project will go ahead. Dungog Council has suffered considerable impact from the uncertainty and has put forward claims for compensation to the NSW Government. It is timely for Council to formulate a strong position on alternative uses for the dam site and present these to the government and NSW Opposition. With much of the land under NSW Government ownership, an opportunity exists to present large-scale sustainable forestry, agricultural, alternative energy and tourist based partnerships for the site to ensure the Shire is well positioned for continued sustainable economical growth from ventures suited to the prime rural landscape and natural amenity.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. B: 1 GENERAL MANAGER

Craig Deasey 1. LOCAL GOVERNMENT & SHIRES ASSOCIATION OF NSW EF07/34

Précis:

Reporting on the invitation to attend the One Association Convention.

***********

As reported to Council at the March meeting on the outcomes of the Shires Association ‘D’ Division meeting as regards the formation of the One Association taskforce, the LGSA has now forwarded invitations to all Councils in NSW to attend the One Association convention in Sydney on 16 & 17 August 2010.

The intention of the convention is to hopefully progress the merger of the Local Government Association and the Shires Association, from my perspective there needs to be one voice for local government in NSW as too often the State Government utilises the current divide to their advantage.

The Local Government Association is representative of all city Councils and a number of rural and regional Councils are also members of the LGA. It is obvious that many Councillors who represent their Councils drive political processes along party lines in terms of the agendas and policy direction of the LGA. Apparently this is very evident at the LGA conference where many in attendance will break into informal “party meetings” during the conference.

The politics at the Shires Association is more representative of rural communities driven by independents, where each Council only has one vote at the conference. The LGA voting rights are determined by population and this is one area of significant conjecture as the Associations taskforce works through the process.

A One Association newsletter is attached as Annexure ‘A’ for Councillors information. Each Council attending the convention will only have one voting right and the Council needs to determine who will represent Council at this convention.

IMPLICATIONS

Financial

Funding for attendance would be sourced from Councils delegates expenses budget allocation, travel, accommodation (potentially 2 nights) and meal costs would be incurred.

RECOMMENDATION

1. That Council be represented at the One Association convention.

2. That Councillors determine the appropriate representation of Council at the convention.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. B: 2 Craig Deasey 2. NSW DEPARTMENT OF LOCAL GOVERNMENT CIRCULARS EF08/142

Précis:

Providing a summary of circulars that have been released by the Department of Local Government.

**********

The following circulars have been released by the Department of Local Government and the intent of this report is to keep Councillors informed of changes and/or requirements that Council officers may be required to implement. The circulars themselves may be found on the Departments website (www.dlg.nsw.gov.au). It is not the intent to reproduce such circulars but moreso provide them as a point of reference to Councillors should they wish to undertake further research.

When there is a requirement to inform Councillors or designated officers of a matter correspondence and attachments will still be submitted to all Councillors in accordance with the requirements of the Director General of the Department of Local Government. Such circulars will be highlighted in bold text. The following Circulars have been released by the Department since 1 June 2010.

Date Circular Details No. 04/06/10 10-12 Enhancement of Corruption Prevention Strategies 11/06/10 10-13 Information About Rating for 2010/11 – Fee for Section 603 Certificates and Maximum Interest Rate on Overdue Rates and Charges 25/06/10 10-14 Information About Rating for 2010/11 – Boarding House Tariffs for Residential Rating

Aside from Circulars there are numerous publications which are released upon the Departments website. Publications issued since 1 June include: Pensioner Concession Application Form, Social Justice Framework 2008-2012.

IMPLICATIONS

There are no implications associated with this report, information only.

RECOMMENDATION

That the report be received and the information noted.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. B: 3 Craig Deasey 3. COUNCIL’S MANAGEMENT COMMITTEE MEETING MINUTES

Précis:

Reporting on Minutes of Council Management Committee Meetings provided to Council.

**********

The minutes of the following Management Committee Meeting are attached as Annexure ‘B’ to this report:

• Clarence Town School of Arts Hall Committee Meeting held 12 March 2010 • Clarence Town School of Arts Hall Committee Meeting held 30 April 2010 • Clarence Town School of Arts Hall Committee Meeting held 20 May 2010 • Paterson School of Arts Committee Meeting held 24 May 2010 • Paterson Sportsground Committee Meeting held 24 May 2010 • James Theatre Community Centre Meeting held 7 June 2010 • Clarence Town Community Centre Meeting held 7 June 2010 • Dungog Showground & Recreation Reserve Committee Meeting held 1 July 2010 • James Theatre Community Centre Meeting held 5 July 2010

IMPLICATIONS

Financial

There are no financial implications the report is for information purposes only.

RECOMMENDATION

That the minutes of the Management Committee Meetings be received and noted.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. B: 4 Greg Fenwick 4. THE VALUE OF EVENTS IN DUNGOG SHIRE EF08/311

Précis:

Reporting on the value of events for the local communities of Dungog Shire as an attraction for visitors and shire residents.

********** Each year Dungog Shire community and business groups organise approximately 120 identified events to satisfy the aims of their group while providing a unique amenity to the broader community. These “events” include a broad range of activities from the regular markets held in various locations throughout the shire to annual shows, rodeos and festivals. There are specialist events such as Pedalfest, Tocal Field Days, film festivals and the Hunter Polo Challenge, which are significant regional events, offering special attraction for like minded enthusiasts.

The value of significant events to the Shire can be measured in direct economic terms as accommodation bookings for these events are always at a premium. Measured results during the past 3 years indicate that approximately $100,000 can be generated by operators throughout the Shire in a single weekend when a major event is in progress. The acceptance of the Home Hosting program and the provision of event specific camping have the potential to generate an additional $35,000 per weekend in Dungog as existing events attract a large number of participants specifically seeking accommodation close to the town centre.

These results are reflected across Dungog Shire for other regionally significant events such as the Gresford Show and Rodeo weekends, Tocal Field Days and village carnivals where the guests’ preference is to stay close to the events on the western side of the Shire. With a relative shortage of accommodation facilities throughout the Shire, especially during the peak holiday periods, or major events, the true benefit of developing significant regional events in Dungog Shire will remain limited until more tourism based infrastructure is available.

The flow-on benefits to businesses not involved in accommodation services are more complex as these businesses benefit from increased activity during events and then as an ongoing contribution to the local economy as the multiplying effect of direct expenditure can continue for several weeks. Current ABS figures provide a multiplying benefit of 1.96 for tourism expenditure in regional centres which means that for each dollar spent in the region during events the direct economic benefit to the community is virtually doubled. Current Tourism NSW statistics indicate that domestic daytrip visitors spend $94 per trip in the Hunter Region; the single day events throughout Dungog Shire present a perfect opportunity for visitors looking to experience something new without needing to commit to an overnight stay.

The day trip market has provided the base for very successful attendance at all major events during the autumn events in 2010 with Vacy (2000+), Gresford (2500+) and Dungog (7000+ with 3 events) attracting an estimated 15,000 visitors to the town centres during events. These attendances together with the combined PR value of the advertising and press releases for events throughout the year continue to provide valuable focus on Dungog Shire as a destination for community based activities in the foothills of the Barrington Tops. The 2010 Dungog Film Festival has reported an independently assessed PR value of $2.7million, over all media types, which continually focused attention on Dungog Shire in the lead up to the festival and provided a noticeable surge in website activity for Dungog websites and Google search engine activity.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. B: 5 Although many of the day visitors may be Dungog Shire residents the benefit to the well being of the community is possibly more important than the financial input as the local community takes pride in their respective town. Unfortunately this aspect of community events is intangible and often overlooked in the review of festivals and events. Small community markets, church op-shops, musical events, charity based fund-raisers and soft infrastructure in general, fill the local event calendar throughout the year and it is the contribution to the community made by the organisers of these activities that need to be more widely appreciated and supported.

IMPLICATIONS

Financial

There are no new financial implications to this report as council has allocated funds for the support of events throughout the Shire.

Community

The value of the community to the success of events and the value of events to the well- being of the community are inherent in the support of events throughout the Shire.

RECOMMENDATION

Council accepts the contents of this report and continues to support events throughout the Shire by the recognition of Dungog Shire Events Incorporated as the central platform through which event organisers are able to request (council backed) assistance.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. B: 6

Greg Fenwick 5. HUNTER REGIONAL TOURISM ORGANISATION - STRATEGIC BUSINESS PLAN 2010 EF08/173

Précis:

Reporting on the development of a new 3 year strategic plan by the Hunter Regional Tourism Organisation. **********

Following two independent reviews of the Hunter Regional Tourism Board (HRTO) structure and key activities there were a number of recommendations presented to the organisation that have been acted upon to develop a new 3 year strategic business plan for the HRTO.

The strategy identifies a new HRTO that will not only be sustainable but will provide leadership and a strategic focus for the region. The cornerstones of the strategic business plan are: 1) Unique Value – avoid duplication of efforts through the supply of unique services or to achieve economy of scale through group supply mechanisms. 2) Develop multiple revenue streams – expand the number of services provided that are able to generate income to the organisation. 3) Elimination of the whole of region approach to marketing – HRTO recognises that each LGA is a legitimate destination and can be a vital and stable customer. 4) Customers not members – the organisation will have various customer segments for which it will seek to supply relevant services. 5) Create a low fixed cost profile.

These changes will create a new organisational structure with industry and LGA advisory groups working with the Board. The Board will be a nine-member skills based board with only one Local Government representative coming from GMAC. Project contractors will be used as required and in situations where identified funding is available.

Communication back to the industry will be via the Industry Advisory Group which will be representative of the various campaign zones within the Hunter Region; Dungog will be represented as a part of the Barrington Tops tourism zone. Local Government communication will be improved through more frequent visits by HRTO staff to the LGA’s and reporting from the LGA Advisory Group and GMAC.

The organisation will be presenting the new direction for the Hunter Regional Tourism Organisation, including the launch of the new website, branding and strategic plan on 23 July, 2010.

“The new direction set for the organisation was designed to lay the foundation for change and to provide a sustainable, leadership driven and strategically focused tourism organisation to benefit the region.”

Following this launch there will be further information available and a timetable of visitation to the region will be organised.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. B: 7 IMPLICATIONS

Financial

There are no new financial implications to this report as contributions for the 2010 / 2011 financial period have been set. Changes will not come into effect until the 2011 / 2012 financial year.

Consultative

The Hunter Regional Tourism Organisation has consulted widely with industry and local government representatives throughout the Hunter region prior to the preparation of this new strategy.

RECOMMENDATION

Council accepts the contents of this report and continues to remain informed of Regional tourism activities through the reporting and actions of the Tourism Advisory Committee.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. B: 8

Greg Fenwick 6. TOURISM ADVISORY COMMITTEE EF 08/216

Précis:

Reporting on the activities of the Tourism Advisory Committee.

**********

To allow Council to be further aware of the activities of the Tourism Advisory Committee the minutes of the meeting held in June 2010 have been attached to this report as Annexure ‘C’.

IMPLICATIONS

There are no implications to this report however it should be noted that the committee adopted a resolution for the creation of privately supported gateway signage in accordance with existing council signage policy.

RECOMMENDATION

Council accepts this report on the activity of the Tourism Advisory Committee and remains aware of future activity.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. B: 9 Tracey Lowrey 7. COMMUNITY PROJECT OFFICER REPORT

Précis:

Reporting on Community Project Officer’s activities for the period May to June.

********** Over the last 2 months I have been actively promoting positive Council participation in a variety of activities and organisations within our local community.

COMMUNITY BUILDERS FUNDING PROGRAM (formally Hunter Area Assistance Scheme)

The current round closed in December and as all applicants complete their applications on line, Council does not know the number of submissions from our LGA. There were three enquiries for this current round, which we assisted with both information and application completion. At this stage no notification has been given in relation to applications submitted or the regional panel establishment. There is still one outstanding project from previous funding rounds and the current project from 2008/09 (Dungog Soccer Club)has not commenced due to lease difficulties with the Department of Education, an extension has been applied for this project.

RAVNET/CDAT

The special project funding 2010 for RAVNET/CDAT partnership - “Safe Partying” has been received and currently artwork from Dungog High School is being collected for the coasters that will be printed and distributed as part of this project. It is anticipated that the project will hold two parent forums, produce a local safe partying kit and promotional coasters to be distributed through out the shire liquor establishments. The project will also be working in partnership with various national days/weeks such as white ribbon day breakfast.

YOUTH INTERAGENCY

A youth interagency planning meeting was held to map the coming 12 months, although a number of services were unable to attend there was great discussion with a united focus on a joint community development project/event by all service providers. With tighter restrictions and reduced opportunity for funding a partnered project was the better option. Considered projects were a local expo, information flyer and training options. A number of important issues such as employment opportunities, youth space and access to medical services were identified. The meetings will still be held monthly with guest presenters on relevant issues bi monthly.

COUNCIL FOYER

Due to the success of the youth art exhibition Council has been partnering with a number of community projects in the area of art and culture. To provide an opportunity for the wider community to view these projects Council will be displaying various artworks, photography or exhibits in the foyer.

The first display was the outstanding achievers and highly commended winners artworks from the 2010 Youth Art Exhibition, these artworks were in the foyer during the month of June; it also included some of our 2009 Year 12 student’s bodies of work. The second exhibition will be the Photo Voice Project which is a photography exhibition that our local youth have worked on over the last 12 months which captures the positives and negatives of being a young person living in Dungog Shire. This exhibition will be on display during July.

It is anticipated that our foyer will be well utilised in promoting Council projects or partnerships that they are actively involved in. Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. B: 10

LOCAL GOVERNMENT WEEK – 2nd to 6th August 2010

This years theme’s Building a Brighter Future is about Councils working together to represent their interests to State and Federal governments, particularly where the delivery of services is via councils to the general public in their communities.

Our shire schools have once again been invited to participate in Local Government week activities which includes visits to our waste recycling depot, “green days” in partnership with the CMA, visits by Ralph the Ranger highlighting the importance of being a responsible pet owner, parent presentations on parking rules in school zones etc, debates and Council visits. The week will be launched with National Tree Day, a book review for seniors at our local library and conclude with a community forum.

It is about speaking with one voice but acting with many hands – for the 2010 theme to be successful I require the support of the Councillors’ throughout the week’s activities, if you could indicate your availability it would be much appreciated.

CRIME PREVENTATION PARTNERSHIPS/COMMUNITY SAFETY PRECINCT

These meetings are held quarterly both for the Port Stephens and Central Hunter (Maitland) commands. They are informative and provide an opportunity to raise areas of concern within our shire including incidents of vandalism, policing and violence. I have been attending these meetings periodically over the last 12 months in partnership with Cr Glenn Wall.

ACCESS COMMITTEE

The blackspot list has been updated and prioritised, it can be noted at the time of the business paper Alison Court path which was ranked the highest priority is being constructed. The Access Meeting minutes for June are Annexure ‘D’.

IMPLICATIONS

Financial

Full costs of the activities have been absorbed by successful grant applications and accordingly Council has not been required to commit any additional funding.

Community/Consultative

Discussion of the activities took place with the various organisations involved.

Statutory

No implications associated with this report.

RECOMMENDATION

The report be received and the information noted.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. B: 11

Craig Deasey 8. CLOSED COUNCIL EF10/56

Précis:

Report referring matters to Closed Council.

**********

In accordance with the Local Government Act 1993 and the Local Government General Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Sec 10A(2) of the Act, and should be dealt with in a part of the meeting closed to the media and public.

Set out below is Section 10A(2) of the Local Government Act 1993 in relation to matters which can be dealt with in the closed part of a meeting.

The matters and information are the following:

(a) personnel matters concerning particular individuals (other than Councillors) (b) the personal hardship of any resident or ratepayer (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business (d) commercial information of a confidential nature that would if disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor or 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.

Item #.1 Manager Planning – Standard Instrument (SI) Local Environmental Plan (LEP) – Expression of Interest (EOI)

This item is classified CONFIDENTIAL under Sec 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

This matter is classified confidential because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

It is not in the public interest to reveal details of commercial activities as such may jeopardise Council’s position in relation to the conduct of business.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. B: 12 IMPLICATIONS

Legislative

The matters are referred to in the context of Sec 10A(2) of the Local Government Act 1993.

Consultative

Members of the public are invited to make representations to the Council meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed.

RECOMMENDATION

1. That Council resolve into Closed Council to consider business identified, together with any late reports tabled at the meeting.

2. That pursuant to section 10A (1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified as confidential under the provisions of Sec 10A(2) as outlined above.

3. That correspondence and reports relevant to the subject business be withheld from access to the media and public as required by Sec 11(2) of the Local Government Act 1993.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. C: 1 CORPORATE SERVICES DEPARTMENT EXECUTIVE MANAGER'S REPORT

Shaun Chandler 1. STATEMENT OF INVESTMENTS EF08/220

Précis:

Clause 212 of Local Government (General) Regulation 2005 requires a monthly report to Council outlining all money’s Council has invested under Section 625 of Local Government Act.

**********

The Statement of Investments as at 30 June 2010 incorporating the Responsible Accounting Officer's Certificate are attached as Annexure "A".

IMPLICATIONS

Financial

There are no financial, statutory, environmental, community or consultative implications associated with this report.

RECOMMENDATION

That the report be received and information noted.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. C: 2 Cheryl Hyde 2. WORKS COST STATEMENT EF08/221

Précis:

A selective summary of expenditures on capital works and maintenance expense areas within Council’s roads, bridges, cemeteries, toilets, parks and sports grounds cost centres.

******** The Works Cost Statement for the period ending 30 June 2010 is attached as Annexure "B", with commentary provided for those items that have changed from the last works cost statement presented to Council.

Councillors should note that year-end procedures result in some invoices for expenditure items received after 1 July being costed back to the 2009/10 financial year. This may result in a change to the levels of expenditure shown for some items included in the works cost statement. The final quarterly review will be submitted to the August meeting of Council to comply with the Local Government Act & Regulations, and will provide a full commentary on items that have varied significantly from budget allocations.

Maintenance expenditure votes on Urban and Unsealed Rural Roads are above budget, in particular, Rural Roads Unsealed maintenance, due largely to weather conditions, which have required higher than expected levels of maintenance on these roads. Bridges Maintenance is showing a higher than budgeted expenditure, a proposed variation to cover this expenditure from Bridges Maintenance Reserves will be included in the final quarterly review. Other maintenance expenditure on roads and bridges shows varying levels of expenditure with most below budget for this period. Rural Roads Storm Damage is showing expenditure well in excess of revised budget, however Council has received RTA funding of $300,000 for Allyn River Road Slip repairs, which offsets this expenditure.

The extended periods of rain and warmer weather has required increased mowing activities on Councils Sporting Grounds, Parks and Reserves and Cemeteries resulting in higher levels of expenditure than budget. All other maintenance items are currently within or near budget allocations and are in line with expected levels of expenditure.

Regional Roads maintenance and reseals are over budget which are in part attributable to weather conditions. All works in this area are funded from grants and contributions and any overrun on the programs will be carried forward to the 2010/11 allocations.

Capital works are at varying levels of completion and expenditure reflects such activity. The works progress report within the Infrastructure & Assets area provides further information on some items in this report including scheduled dates for commencement for individual projects and works undertaken in the prior month. Guygallon Bridge and Realignment projects are showing expenditure higher than budget, variations to original vote will be put forward in the final quarterly review to reflect Council minute 34954, to offset this expenditure.

IMPLICATIONS

There are no financial, statutory, environmental, community or consultative implications associated with this report. The report is for information purposes only.

RECOMMENDATION

That the Works Cost Statement for the period ending 30 June 2010 be received and noted.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. C: 3 Shaun Chandler 3. COUNCILLORS TRAVELLING & OTHER EXPENSES EF08/222

Précis:

Report on Councillors travelling for Councillors information.

**********

Hereunder is a list of meetings/inspections or business of Council held/to be held since the June Meeting of Council.

Access Committee 17/06/10 Hunter Water Meeting 18/06/10 National Broadband Network Meeting 18/06/10 Tourism Advisory Committee 22/06/10 Hunter Councils Extraordinary Meeting 24/06/10 Extraordinary Council Meeting 29/06/10 Councillor Workshop 29/06/10 Lower Hunter Mayors Luncheon 15/07/10 Heritage Advisor Meeting 16/07/10 Council Meeting 20/07/10

IMPLICATIONS

There are no financial, statutory, environmental, community or consultative implications associated with this report. Council’s travelling costs are currently within budget.

RECOMMENDATION

That the report be received and information noted.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. C: 4 Helen Mammino 4. MAKING OF RATES AND CHARGES FOR THE YEAR COMMENCING 1 JULY 2010 EF08/537

Précis:

Council is required to the make the rates and charges for the financial year commencing 1 July 2010 in accordance with Sections 535, 537 & 538 of the Local Government Act 1993.

******** Council's 2010/2011 Management Plan, inclusive of the Estimates and Statements with respect to each Ordinary Rate and Charge proposed to be levied, was resolved to be placed on public exhibition by Council at its Ordinary Meeting on 18 May 2010 (Minute No. 34933).

For the year 2010/2011 Ordinary Rates will be levied on all rateable land under the following categories/sub-categories-:-

Farmland Residential Residential - Clarence Town Residential - Dungog Residential - Village Business Business - Clarence Town Business - Dungog Business - Village

All Ordinary Rates will be subject to various base amounts and various ad valorem (rate in dollar) rates as detailed in the recommendation. A levy in respect to the Hunter Central Rivers Catchment Management Authority is applicable to all assessments within the Hunter catchment area.

Annual Charges for stormwater management, domestic and other waste management services, domestic & other recycling, waste management & sanitary services will be levied.

RECOMMENDATION

That in accordance with Chapter 15 of the Local Government Act 1993, Council make the following rates and charges for the year 1 July 2010 to 30 June 2011:-

(A) ORDINARY RATES

(i) The Farmland Category of the Ordinary Rate shall consist of a Base Amount to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be two hundred and sixty five dollars ($265.00) on all rateable land within the category, within the Shire; and

the percentage of the total amount payable by the levying of the Rate for the Farmland Category of the Ordinary Rate that the levying of the Base Amount will produce, is 13.97%.

(b) the ad valorem amount shall be zero point two three one zero (0.2310) cents in the dollar applied to the land value of all rateable land within the category, within the Shire.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. C: 5 (ii) The Residential Category, excepting Sub-categories Clarence Town, Dungog and Village, of the Ordinary Rate shall consist of a Base Amount to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be two hundred and seventy seven dollars ($277.00) on all rateable land within the category, within the Shire; and

the percentage of the total amount payable by the levying of the Rate for the Residential Category of the Ordinary Rate that the levying of the Base Amount will produce, is 31.31%.

(b) the ad valorem amount shall be zero point two one five one (0.2151) cents in the dollar applied to the land value of all rateable land within the category, within the Shire.

(iii) The Residential - Clarence Town Sub-category of the Ordinary Rate shall consist of a Base Amount to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be two hundred and sixty five ($265.00) on all rateable land within the sub-category, within the Shire; and

the percentage of the total amount payable by the levying of the Rate for the Residential - Clarence Town Sub-category of the Ordinary Rate that the levying of the Base Amount will produce, is 48.93%.

(b) the ad valorem amount shall be zero point two two two five (0.2225) cents in the dollar applied to the land value of all rateable land within the sub-category, within the Shire.

(iv) The Residential - Dungog Sub-category of the Ordinary Rate shall consist of a Base Amount to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be one hundred and eighteen dollars ($118.00) on all rateable land within the sub-category, within the Shire; and

the percentage of the total amount payable by the levying of the Rate for the Residential - Dungog Sub-category of the Ordinary Rate that the levying of the Base Amount will produce, is 20.96%.

(b) the ad valorem amount shall be zero point four five one five (0.4515) cents in the dollar applied to the land value of all rateable land within the sub-category, within the Shire.

(v) The Residential - Village Sub-category of the Ordinary Rate shall consist of a Base Amount to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be two hundred and twenty dollars ($220.00) on all rateable land within the sub-category, within the Shire; and

the percentage of the total amount payable by the levying of the Rate for the Residential - Village Sub-category of the Ordinary Rate that the levying of the Base Amount will produce, is 46.11%,

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. C: 6 (b) the ad valorem amount shall be zero point two one zero eight (0.2108) cents in the dollar applied to the land value of all rateable land within the sub-category, within the Shire.

(vi) The Business Category, excepting Sub-categories Clarence Town, Dungog and Village, of the Ordinary Rate shall consist of a Base Amount to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be three hundred and fifty five dollars ($355.00) on all rateable land within the category, within the Shire; and

the percentage of the total amount payable by the levying of the Rate for the Business Category of the Ordinary Rate that the levying of the Base Amount will produce, is 40.58%.

(b) the ad valorem amount shall be zero point three two three zero (0.3230) cents in the dollar applied to the land value of all rateable land within the category, within the Shire.

(vii) The Business - Clarence Town Sub-category of the Ordinary Rate shall consist of a Base Amount to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be three hundred and thirty dollars ($330.00) on all rateable land within the sub-category, within the Shire; and

the percentage of the total amount payable by the levying of the Rate for the Business - Clarence Town Sub-category of the Ordinary Rate that the levying of the Base Amount will produce, is 47.56%.

(b) the ad valorem amount shall be zero point four zero zero zero (0.4000) cents in the dollar applied to the land value of all rateable land within the sub-category, within the Shire.

(viii) The Business - Dungog Sub-category of the Ordinary Rate shall consist of a Base Amount to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be three hundred dollars and seventeen dollars ($317.00) on all rateable land within the sub-category, within the Shire; and

the percentage of the total amount payable by the levying of the Rate for the Business - Dungog Sub-category of the Ordinary Rate that the levying of the Base Amount will produce, is 40.80%.

(b) the ad valorem amount shall be zero point four one zero five (0.4105) cents in the dollar applied to the land value of all rateable land within the sub-category, within the Shire.

(ix) The Business - Village Sub-category of the Ordinary Rate shall consist of a Base Amount to which an ad valorem amount is added, as follows:-

(a) the Base Amount shall be two hundred and eighty one dollars ($281.00) on all rateable land within the sub-category, within the Shire; and

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. C: 7 the percentage of the total amount payable by the levying of the Rate for the Business - Village Sub-category of the Ordinary Rate that the levying of the Base Amount will produce, is 49.90%.

(b) the ad valorem amount shall be zero point two seven four four (0.2744) cents in the dollar applied to the land value of all rateable land within the sub-category, within the Shire.

(B) HCRCMA LEVY

(i) In accordance with the provisions of the Catchment Management Authorities Act 2003 and the Hunter Central Rivers Catchment Management Authority Regulation 2005 a levy of zero point zero one zero five (0.0105) cents in the dollar be applied to the Land Value of land contained in the portion of the Hunter Central Rivers Catchment Management Authority District as is located within the Shire, and is rateable for the time being under the provisions of the Local Government Act 1993.

(i) Domestic Waste Management Services

(a) In pursuance of Section 496 of the Local Government Act, 1993 an Annual Domestic Waste Management Charge of one hundred and seventy nine dollars and eight cents ($179.08) for a weekly service to domestic premises will be levied as follows:-

No. of Services Annual Charge per Assessment per Assessment

1. $ 179.08 2. $ 358.16 3. $ 537.24 4. $ 716.32 5. $ 895.40 6. $1074.48 7. $1253.56

(b) An Annual Domestic Waste Management Charge of thirty dollars and thirty five cents ($30.35) for each vacant parcel of rateable land for which the service is available in pursuance of Section 496 of the Local Government Act, 1993. (ii) Waste Management Services

(a) In pursuance of Section 501 of the Local Government Act, 1993 an annual Waste Management Charge of two hundred and five dollars ($205.00) for a weekly service to business/commercial premises will be levied as follows:-

No. of Services Annual Charge per Assessment per Assessment

1. $ 205.00 2. $ 410.00 3. $ 615.00 4. $ 820.00 5. $1025.00 6 $1230.00 7 $1435.00 Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. C: 8 8 $1640.00 9 $1845.00 10 $2050.00 11 $2255.00 12 $2460.00

(b) A Waste Management Charge of one hundred and seventy nine dollars and eight cents ($179.08) per service per annum to non- rateable properties where the weekly service is provided in pursuance of Section 502 of the Local Government Act, 1993.

(iii) Recycling Services

(a) In pursuance of Section 496 of the Local Government Act, 1993 an Annual Recycling Charge of one hundred dollars and seventeen cents ($100.17) for a fortnightly service will be levied on domestic premises that are subject to the charge.

(b) In pursuance of Section 501 of the Local Government Act, 1993 an annual Recycling Charge of one hundred dollars and seventeen cents ($100.17) per annum for a fortnightly service will be levied to business/commercial premises where the service is provided.

(c) In pursuance of Section 502 of the Local Government Act, 1993 a Recycling Charge of one hundred dollars and seventeen cents ($100.17) per annum for a fortnightly service will be levied to non- rateable properties where the service is provided.

(iv) Sanitary Services

(a) In pursuance of Section 501 of the Local Government Act, 1993 an annual charge of one thousand five hundred and twelve dollars ($1512.00) per service for the weekly removal of nightsoil will be levied as follows:-

No. of Services Annual Charge per Assessment per Assessment

1. $1512.00 2. $3024.00 3. $4536.00

(b) In pursuance of Section 502 of the Local Government Act, 1993 a Sanitary Charge of one thousand five hundred and twelve dollars ($1512.00) per service per annum will be levied to non-rateable properties where a service is provided.

(V) Stormwater Management Charge

In pursuance of the Local Government (General) Regulation 2005 a levy of twenty five dollars ($25.00) per urban rateable property for planning and provision of urban stormwater management services, with the exception of those properties exempted under the Regulation.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. C: 9 Cheryl Hyde 5. SUMMARY OF RATES & CHARGES COLLECTED EF08/261

Précis

Reporting on the level of outstanding rates and charges as at 30 June 2010.

******** A schedule of rates and charges outstanding as at 30 June 2010 is attached as Annexure ‘C’, and shows 94.58% of total rates receivable having been collected for the current year.

The table below highlights the total collectible, balance outstanding and percentage collected for each of the last 5 years for comparison purposes.

Year Total Balance Percentage Percentage Collectible for Outstanding at Collected Outstanding Year # Year End 2010 $5,553,074 $300,703 94.58% 5.42% 2009 $5,296,474 $257,360 95.14% 4.86% 2008 $5,694,234 $254,255 95.53% 4.47% 2007 $5,189,751 $156,834 96.98% 3.02% 2006 $5,034,956 $158,481 96.85% 3.15%

# Total collectible includes the levy for that year and the uncollected amount brought forward from the prior year.

The level of debt as a percentage has risen over the 2009 year figure, but is still considered to be at an acceptable level with only 5.42% of rates outstanding. The Department of Local Government in its analysis of Councils, considers an acceptable level of debt for a small rural Council to be 5-8% of total collectable rates and charges.

Although the level of outstanding rates has risen over that of previous years, staff changes within the rates department in the past two years has resulted in lower than anticipated level of debt recovery action being taken. If Council desired to reduce this level further then a significant increase of both staff resources and legal costs would be required, as well as a change to the existing debt recovery procedures to enforce the provisions of the Local Government Act more stringently. It is considered that this course of action if taken would unduly impact on those ratepayers least able to afford additional costs and would generate a negative response to Councils endeavours to recover outstanding rates. A continuation of Councils current debt recovery process should keep the debt at an acceptable level and is likely to further improve Council’s position in the longer rather than the shorter term.

IMPLICATIONS

There are no financial, statutory, environmental, community or consultative implications associated with this report. The report is for information purposes only.

RECOMMENDATION

That the report be received and the information noted.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. C: 10

Shaun Chandler 6. REQUEST FOR FINANCIAL ASSISTANCE FROM JASON MAHER FOR BONDED SCHOLARSHIP EF 08/3, 10/29954

Precis:

Request for financial assistance from Jason Maher.

********** The following letter has been received from Jason Maher:

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. C: 11

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. C: 12

IMPLICATIONS

Financial

Council adopted the 2010/2011 budget with a deficit of $152,000, should Council resolve to provide assistance this would contribute further towards an operating deficit at 30 June 2011.

Funding would ordinarily be sourced from Council’s Sec 356 Contributions and Donations annual budget allocation of $5,000 however as this request far exceeds this amount existing service levels and budgeted projects would be reduced and/or cancelled as funds would need to be diverted from these activities to support this request.

Community

It would be commendable to have additional medical services for the Shire however at what financial cost and risk to the community, there is no certainty by this means? Mr Maher is not a resident of the shire and the course proposed is not recognised by Australian medical authorities.

There are no other statutory, environmental, or consultative implications.

RECOMMENDATION

Council decline this request for assistance.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. C: 13

Shaun Chandler 7. REQUEST FOR FINANCIAL ASSISTANCE FROM DUNGOG A & H ASSOCIATION INC. EF 08/3, 10/28499

Precis:

Request for financial assistance from Dungog A & H Association Inc.

********** The following letter has been received from the Show secretary Mr Owen Nicholson:

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. C: 14

Council does not normally make a direct cash contribution toward the show as it contributes a substantial amount of money toward the upkeep of the showground and associated buildings throughout the year including pest inspection and spraying, risk assessments, inspection of trees and buildings, grounds maintenance and electricity costs. Council also assists the show ground committee with maintenance immediately prior to the show by providing two staff usually for a day and also provides additional garbage bins (upwards of 30 in previous years) to the society for use on show day and disposes of the waste free of charge.

IMPLICATIONS

Financial

Council’s Sec 356 Contributions and Donations annual budget allocation is $5,000 with nil expended at 9 July.

There are no other statutory, environmental, community or consultative implications.

RECOMMENDATION

Council decline this request for assistance as Council already contributes significantly throughout the year toward the showground and committee.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. C: 15

Shaun Chandler 8. IONA PUBLIC SCHOOL P & C ASSOCIATION EF07/74; 10/29632

Precis:

Request for financial assistance under Sec 356 of the Local Government Act 1993.

********** Council has received the following correspondence from Melisa Smith of the Iona Public School P & C Fundraising Committee;

Council does not ordinarily provide assistance in these circumstances as Councils’ core objective in providing assistance to not for profit community groups and organisations is to assist the local membership within those groups to undertake projects which would ordinarily have a significant local benefit, it is not normally applied to functions raising money on behalf of another group or organisation.

IMPLICATIONS

Financial

Funding for the donation would be sourced from Council’s budget allocation for Sec 356 Contributions and Donations of $5,000, subject to previous reports.

There are no other environmental, statutory, community or consultative implications.

RECOMMENDATION

Council decline this request for assistance.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. D: 1 INFRASTRUCTURE & ASSETS DEPARTMENT EXECUTIVE MANAGERS REPORT

Terry AG Wilson 1. TRAFFIC AND ROAD SAFETY COMMITTEE EF08/5

Précis:

Reporting on the Traffic and Road Safety Committee meeting held on 7 June 2010.

**********

The minutes of the June 2010 Traffic and Road Safety Committee are attached as Annexure ‘A’ to this report.

IMPLICATIONS

Financial, Statutory, Environmental, Consultative

There are no financial, statutory, environmental or consultative implications to this report.

Community

The recommendation would reflect community expectations.

RECOMMENDATION

That the Minutes of the Traffic & Road Safety Committee from its meeting of 7 June 2010 be received and adopted.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. D: 2 Steve Hitchens 2. WORKS PROGRESS REPORT EF08/208

Précis:

Reporting on construction and maintenance works undertaken in June 2010.

********** Works carried out during the previous month:-

Road & Bridge Construction

RR128 - Kangaroo Creek - Primer seal applied and linemarking complete Vacy Park & Ride - Primer seal applied Unwarrabin Bridge - Old bridge removed and new structure commenced Allyn River Road Gabions - Gabion installation commenced (Storm damage funds) RR301 - Hanleys Creek - Pavement works commenced

Sealed Road Maintenance

Pothole patching works were carried out on RR7778, Wallarobba Brookfield Road, Glen William Road, RR101, Pinebrush Road, Glen Martin Road, Salisbury Road

Drainage Maintenance - Dungog Streets Heavy Patching - RR7778, RR128 Tree Lopping Works - RR101, Wallarobba Brookfield Rd, Glen William Rd Guidepost Maintenance - RR101, RR301, RR7764

Unsealed Road Maintenance

Grade & Roll - Monkerai Road, Allyn River Road Gravel Patch - Keppies Road, Summerhill Road

Bridge, Concrete and Other Maintenance Works

Allyn River Road Bridges - Sign maintenance Flood Rack Removal - Fosterton, Thalaba and Banfield Bridges Alison Court - Footpath construction commenced Sheltons Bridge - Transverse deck repairs, by-track installed Mary Carltons Bridge - Longitudinal decking repairs Banfield Bridge - Transverse deck repairs, spiking plank replaced Footpath Maintenance - Gresford Streets

Roadsides

Roadside slashing was undertaken on RR7778, Gresford Streets, RR128

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. D: 3

Sporting Grounds:-

No sporting ground mowings were undertaken in June.

Parks/Reserves/Cemeteries:-

The following Parks/Reserves were mown (the number of mowings is shown in brackets):- Jubilee Park (1), Frank Robinson Memorial Park (1), Apex Park (1), Bruyn Park (1)

Major Works scheduled to be continued or commenced in the next 3 months:-

Attached as Annexure ‘B’ is a list of the major works scheduled for the forthcoming 3 months.

IMPLICATIONS

There are no financial, statutory, environmental, community or consultative implications of this report.

RECOMMENDATION

That the report be received and the information noted.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. D: 4 Terry AG Wilson 3. COUNCIL’S FEES AND CHARGES EF09/32

Précis:

This report outlines a new fee to be included in Council’s Fees and Charges. The Management Plan – Fees and Charges was recently adopted by Council at the extraordinary meeting in June 2010.

********** Council regularly place their Traffic Counters in locations that assist design staff to carry out forward planning in relation to road upgrades and various other projects within the shire. It is a normal occurrence for developers to ask Council if they have traffic counts along particular roads and/or request Council put counters in place so the information can be submitted with their respective Development Applications.

The cost to put the counters in place for two weeks then collect them and prepare a report would approximate $550 (GST Inclusive).

IMPLICATIONS

Financial

The fee charged is on a cost recovery basis and is to be included in Council’s Fees and Charges.

RECOMMENDATION

1. That Council’s fees and charges be amended to include a cost of $550 (GST Inclusive) for the placement of Traffic Counters.

2. In accordance with the Local Government Act 1993, the proposed new fee be placed on public exhibition for a period of a month.

3. If no objections are received during the exhibition period, the proposed new fee be adopted and included in the fees and charges.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. D: 5 Terry AG Wilson 4. ALISON COURT COMMITTEE MINUTES EF10/70

Précis:

Reporting on the Alison Court Committee meeting held on 25 June 2010.

********** The minutes of the 25 June 2010 Alison Court Committee are attached as Annexure ‘C’ to this report.

IMPLICATIONS

Financial, Statutory, Environmental, Consultative

There are no financial, statutory, environmental or consultative implications to this report.

Community

The recommendation would reflect community expectations.

RECOMMENDATION

That the Minutes of the Alison Court Committee from its meeting of 25 June 2010 be received and the information noted.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. D: 6 Steve Hitchens 5. COMMUNITY INFRASTRUCTURE PROGRAMME EF08/663

Précis:

Reporting on the latest announcement by the Federal Government.

************ Background

On 18 June 2010, the Prime Minister announced a third round of the Regional and Local Community Infrastructure Programme (RLCIP).

Under Round 3 of RLCIP, $100 Million will be made available in 2010/2011, delivered as an allocation to all 566 of Australia’s Councils. Each Local Government will be allocated the same amount of funding as for Round 2 (RLCIP Council allocation component) - which, for Dungog Shire Council, equates to $101,000. The Round 2 funding was allocated to the construction of the Dowling / Brown Street intersection.

All eligible applications must be submitted by 5.00pm Friday 30 July 2010.

Projects

There are a vast number of projects that Council may elect to submit for funding under this programme. Projects identified, including those projects that did not receive funding under the previous RLCIP programmes, are shown in Annexure ‘D’ to this report.

IMPLICATIONS

Financial

The $101,000 was not included within the 2009/2010 budget.

RECOMMENDATION

That Council identify those projects to be nominated for Round 3 of the RLCIP programme.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 1 PLANNING DEPARTMENT MANAGERS REPORT

Carolyn Maginnity and Matthew Brown 1. PULVER COOPER & BLACKLEY PTY LTD, LOT 324 DP 1148061 NO. 41 COMMON ROAD, DUNGOG DA 46/2010 – BED & BREAKFAST EF07/92

Development Application No.: 46/2010

Owner: Valtek Investments

Applicant: Pulver Cooper & Blackley

Land: Lot 324 DP 1148061, No. 41 Common Road, Dungog

Zone: Rural 1(a) – Dungog LEP 2006

Area: 1.46 hectares

Proposal: Erection of a Dwelling-House to be operated as a Bed and Breakfast Establishment

Issues: Compliance with LEP 2006

******** Précis:

The following report considers Development Application No. 46/2010 which seeks approval for the erection of a dwelling-house on Lot 324 DP 1148061, 41 Common Road, Dungog to be operated as a bed and breakfast establishment.

*********** The subject land has an area of approximately 1.46 hectares and is currently vacant. The land is zoned Rural 1(a) under the Dungog Local Environmental Plan 2006 (LEP 2006).

This report recommends refusal of the application due to the proposal’s non-compliance with the provisions of LEP 2006. In particular, pursuant to clause 27(5) of the LEP, Council is unable to grant consent to the erection of a “dwelling-house” on the subject land i.e. the land does not have a dwelling entitlement.

LEP 2006 defines “bed and breakfast” as:

“a dwelling-house with a floor space of less than 300 square metres, that provides not more than five rooms, and which do not have catering facilities, for the temporary or short-term accommodation of people away from their normal place of domicile, and is operated by the permanent residents of the dwelling-house.”

According to the above definition, a “bed and breakfast” must first and foremost be a “dwelling-house”. It follows, therefore, that Council cannot grant consent to a “bed and breakfast” if it is not possible to construct a “dwelling-house” on the subject land.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 2 Manager Planning’s comments:

Conversely, a ‘Bed and Breakfast’ is separately defined in the Dungog LEP 2006 and listed as a permissible use in the Rural 1(a) zone. It may be argued that the link between the ‘Bed and Breakfast’ and ‘Dwelling House’ definitions looses some value given they are separately defined and a ‘Bed and Breakfast’ is listed as permissible in the respective zone. Further, the ancillary use doctrine is well documented in enabling prohibited developments in cases where there is a clear ancillary use. It may be argued that the ‘Dwelling House’ is ancillary to the ‘Bed and Breakfast’ which would possibly allow the permissibility of a ‘Dwelling House, however the Applicant has not raised or investigated this option.

The Standard Instrument Local Environmental Plan (SI LEP) options paper, currently on public exhibition by the Department of Planning, has identified this technical anomaly. The options paper is proposing to amend the SI LEP definition of Bed and Breakfast Accommodation to include lawfully existing or approved. Refer to the quoted sections of the options paper that shows the proposed changes;

bed and breakfast accommodation means tourist and visitor accommodation carried out in comprising a lawfully existing or approved dwelling, (and any ancillary buildings and parking) where the accommodation is provided by the permanent residents of the dwelling and: (a) meals are provided for guests only, and (b) cooking facilities for the preparation of meals are not provided within guests’ rooms, and (c) dormitory-style accommodation is not provided.

Note. See clause 5.4 for controls relating to the number of bedrooms.

It has been noted that the current definition may allow bed and breakfast accommodation to be used as a ‘back door’ way for new dwellings in locations where residential accommodation may not be appropriate. The above definitional change is therefore recommended to ensure and clarify that bed and breakfast accommodation must be carried on in an existing or approved dwelling.

As Councillors are aware this particular site was considered at length throughout the Land Use Strategy (LUS) process. In practical terms, a poor outcome for all involved is a sterilised and vacant parcel of land. However, Council must ensure any development complies with the LEP, hence the staff recommendation.

In this complex scenario Council has opted for the conservative / risk averse approach and has recommended the application be refused. However, should Councillors wish to use their discretion and approve the development, a set of conditions has been supplied as Attachment ‘1’.

Subject Site:

The subject land comprises an irregular shaped allotment of approximately 1.46 hectares, located on the north-western corner of Common Road and Hillview Avenue. The site is currently vacant. Access to the site is from Common Road.

The land is relatively flat. Two (2) natural watercourses traverse the property - one runs along the eastern site boundary and the other along the western site boundary. The property has historically been used for cattle grazing and has been extensively cleared.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 3 The property is zoned Rural 1(a) under the Dungog Local Environmental Plan 2006. The site is bordered to the west by an industrial estate and to the east by the Hillview Avenue residential estate. Adjoining land to the north is zoned Rural 1(a) and is used for grazing. Land to the south comprises a mix of Residential and Rural Lifestyle zoned land. The subject land is shown in Figure 1 below.

Figure 1: The Site – Lot 324 DP 1148061

Proposal:

It is proposed to construct a single-storey dwelling-house on the property to be used as a bed and breakfast establishment. The proposed bed and breakfast would provide temporary and short-term accommodation for tourists and visitors to the area. The proposed dwelling- house includes 3 guest bedrooms, 2 bedrooms, shared lounge, dining, rumpus and common rooms, meals and kitchen areas, an office, laundry and bathrooms, as well as a wrap-around verandah and alfresco entertaining area. The proposed development also includes a separate garage, carport and guest parking area located to the west of the proposed dwelling-house.

Plans of the proposed development are provided as Annexure ‘A’.

Public Consultation:

Notification of the development application was given to all adjoining landowners in accordance with Council’s DA notification policy. Council received three (3) written submissions.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 4 All three (3) submissions are generally in favour of the proposed development and express the view that “…the proposal would appear to be acceptable to the amenity of the nearby residential area”. The only concern raised in relation to the proposed development is that the vegetation buffer between the subject property and the Hillview Avenue estate, which was recently destroyed by fire, has not yet been reinstated.

Statutory Considerations:

Environmental Planning and Assessment Act 1979

Section 79C of the Environmental Planning and Assessment Act 1979 (EP&A Act) stipulates key heads of consideration for the assessment of development applications. The application has been assessed against the relevant heads of consideration (refer to Annexure ‘B’) and it is considered that:

the proposal is inconsistent with the provisions of an environmental planning instrument and in particular, Clause 27(5) of the Dungog Local Environmental Plan 2006; the subject land does not have a dwelling entitlement and is therefore unsuitable for the proposed development; and the proposed development would not be in the public interest.

Relevant State and Regional Environmental Planning Instruments

The assessment of the proposed development is subject to the following State and regional environmental planning instruments:

State Environmental Planning Policy No 44 – Koala Habitat Protection State Environmental Planning Policy (Rural Lands) 2008 State Environmental Planning Policy No. 55 – Contaminated Lands State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Williams River Catchment Regional Environmental Plan 1997

Detailed consideration of the proposed development in the context of the objectives and provisions of these planning instruments is provided in Annexure ‘B’.

Dungog Local Environmental Plan 2006

The subject land is zoned Rural 1(a) under the Dungog Local Environmental Plan 2006 (LEP 2006).

Clause 11 of LEP 2006 sets out the objectives of the Rural 1(a) zone. The objectives of the zone are to:

“(a) reinforce the agricultural character and landscape attributes of the area of Dungog, and (b) promote agriculture, protect high productivity land and prevent the fragmentation of farm holdings, and (c) ensure development is compatible with agricultural operations and does not adversely affect the environment or amenity of the locality, and (d) prevent development which could compromise the efficient extraction of valuable deposits of minerals or extractive materials, and (e) maintain and enhance environmentally sensitive land, particularly wetlands, riparian ecosystems, forests, woodlands and linkages between them, and (f) allow for the natural flooding of rivers and for the temporary storage of floodwaters, and (g) maintain and enhance local biodiversity, and

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 5 (h) provide for recreational and tourist activities that are compatible with the agricultural, environmental and conservation value of the land.”

According to the table to clause 23 of LEP 2006, dwelling-houses and bed and breakfasts are both permissible in the Rural 1(a) zone with development consent.

According to clause 26(1) of LEP 2006, consent may only be granted for development in the Rural 1(a) zone if Council is satisfied that the proposal complies with the environmental considerations listed in this clause. A detailed assessment of how the proposed development complies with the provisions of clause 26(1) is provided in Annexure ‘B’.

LEP 2006 defines “bed and breakfast” as:

“Dwelling-house” is defined as:

“a building, other than a holiday cabin, containing only one dwelling”.

Pursuant to clause 27(5) of LEP 2006 consent must not be granted to the erection of a dwelling-house on land in Zone 1(a) unless it is erected on:

“(a) a lot created in accordance with clause 28(4)(b), or (b) a vacant holding identified in Schedule 1, or (c) land comprising an established holding on which there is no dwelling-house, or (d) land comprising part of an established holding, providing it will not result in there being more than one dwelling or dual occupancy for each 60 hectares of the holding.”

Lot 324 DP 1148061 was created on 16 February 2010, as a result of a boundary adjustment approved under Clause 28(6) of LEP 2006. It is therefore not a lot created in accordance with clause 28(4(b) of the LEP. The property is not identified in Schedule 1 of the LEP as a vacant holding. Further, Council’s records indicate that the land is not an established holding or part of an established holding. Therefore, the lot does not have a dwelling entitlement and Council does not have the power to grant consent to the erection of a dwelling-house on the subject land under clause 27(5) of LEP 2006.

Pursuant to clause 27(7) of LEP 2006, nothing in clause 27 prevents consent being granted to the erection of a dwelling-house or dual occupancy on:

“(a) a lot created for the purpose of a dwelling since 6 April 1990, but before the appointed day, or (b) a lot created for the purpose of a dwelling on or after the appointed day in accordance with a valid consent for subdivision granted prior to that day.”

The “appointed day” is the day on which LEP 2006 took effect i.e. 26 March 2006.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 6 As stated above, Lot 324 DP 1148061 was created on 16 February 2010 (i.e. after the appointed day). Council granted consent to the boundary adjustment on 23 November 2009 (i.e. after the appointed day). The lot was not created for the purpose of a dwelling (i.e. the developer was fully aware at the time of submitting the DA for the boundary adjustment that Lot 324 would not have an entitlement to build under LEP 2006). Therefore Council cannot consent to the erection of a dwelling-house on the subject land under clause 27(7) of LEP 2006.

Dungog Development Control Plan No. 1

Dungog Development Control Plan No. 1 (DCP No. 1) complements LEP 2006 and sets out Council’s policies in respect of certain types of development within the Shire, together with detailed guidelines intended to assist in achieving the aims and objectives of LEP 2006. The relevant sections of DCP No. 1 are listed below and a detailed assessment of how the proposal complies with the relevant sections of the DCP is contained in Annexure ‘B’.

Part C - General

Section 3 – sets out the general requirements for building line setbacks in rural zones; Section 11 – provides a range of definitions and standards for rural tourism; Section 15 – sets out Council’s procedure for considering land contamination issues for subdivision and development applications; and Section 16 – deals with the potential impacts of development on biodiversity.

Dungog Rural Strategy 2003

The Dungog Rural Strategy 2003 is a Council endorsed strategic planning document. The Strategy is a head of consideration under Section 79C(1)(e) of the EP&A Act i.e. the public interest.

The Strategy provides for rural tourism that will enhance and maintain the characteristics that make Dungog a desirable tourist destination. In the past, all rural tourism was considered under a general definition of “Tourism”. To achieve better outcomes for the future of rural tourism within the shire, the Rural Strategy introduced a range of definitions and standards, for various types of tourist accommodation, including “bed and breakfast”, “farm-stay” and “tourist facility”. These definitions have since been included in the LEP Dictionary and the standards have been included in section 11 of DCP No. 1. The proposed development is generally consistent with the adopted definition and standards for a “bed and breakfast”. A detailed assessment of how the proposal complies is contained in Annexure ‘B’.

Consideration of Environmental Impacts:

The key environmental issues associated with the proposed development include traffic and access and residential amenity issues. These issues are discussed in detail below.

Traffic and Access

Council’s Engineering Department have provided the following comments in relation to traffic and access:

the property has legal and practical access off Common Road, which is a public road owned and maintained by Council; Common Road is a two (2) lane sealed formation with no kerb and gutter; the property also has frontage to Hillview Avenue, however, it is not proposed to provide vehicle access the site from Hillview Avenue as there is a natural watercourse running parallel to the eastern site boundary;

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 7 if the DA is approved, the developer will need to provide kerb and guttering, sealing of the road shoulder and associated subsurface stormwater drainage along the entire frontage of the site; the developer will also need to construct a sealed vehicle access in accordance with Council’s standard design drawings in addition to sealed internal driveways and parking areas; and in accordance with section 20 of DCP No. 1, a minimum of five (5) off-street car parking spaces are required to be provided.

Should Council resolve to grant consent the Engineering Department have recommended a number of conditions be imposed on any development consent granted and these conditions have been included in Attachment ‘1’.

Residential Amenity

The operation of a bed and breakfast in or adjacent to an existing residential/rural residential area has the potential to adversely impact on the amenity of the locality. Impacts may result from increased noise, loss of privacy, increased traffic movements, parking of motor vehicles, visual impacts, lighting, etc.

It is noted that the proposed dwelling-house has been designed to complement surrounding residential development and blend in with the existing neighbourhood character. Further, the dwelling-house is proposed to be located in the centre of the site, set back well in excess of the required 50m from side boundaries.

If the DA is approved, Council should impose appropriate conditions of consent to ensure that any potential impacts on the amenity of the adjoining residential/rural residential areas are minimised.

Conclusion:

Development application 46/2010 has been assessed in accordance with the requirements of the Environmental Planning and Assessment Act 1979.

This assessment has highlighted the proposal’s non-compliance with the provisions of LEP 2006. In particular, pursuant to clause 27(5) of the LEP, Council is unable to grant consent to the erection of a “dwelling-house” on the subject land (i.e. the land does not have a dwelling entitlement).

LEP 2006 defines “bed and breakfast” as:

Therefore, it is recommended that the application be refused.

However, should Council consider it appropriate to approve the application, the conditions set out in Attachment ‘1’ should be imposed as conditions of any development consent.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 8

RECOMMENDATION

It is recommended that DA 46/2010 for the erection of a dwelling-house on Lot 324 DP 1148061, 41 Common Road, Dungog to be used as a “bed and breakfast” be refused for the following reasons:

1. The proposal is inconsistent with the provisions of the Dungog Local Environmental Plan 2006. In particular, pursuant to clause 27(5) of the LEP, Council is unable to grant consent to the erection of a dwelling-house on the subject land.

2. The subject land does not have a dwelling entitlement and is therefore unsuitable for the proposed development.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 9

2. J & K EDMONDS – LOT 21 DP 816421 NO. 59 ALLYN RIVER ROAD, EAST GRESFORD DA 100/09

Development Application No. 100/09

Owner: J & K Edmonds

Applicant: G Ferguson

Land: Lot 21 DP 816421, 59 Allyn River Road, EAST GRESFORD

Current Zone: Part Rural Lifestyle 1(l), part Environment 7(a) and part 2(v) Village

Area: Approx 38.5ha

Proposal: Subdivision – 16 lots

********* Précis:

Development Application (DA) No. 100/09 seeks approval for a 16 lot Torrens Title subdivision.

BACKGROUND

The subject land was previously zoned Transition 9(a) and Village 2(v) under the Dungog Local Environmental Plan 2006 (LEP). LEP Amendment No. 6 was gazetted on 19 December 2008 and rezoned the Transition 9(a) portion of the property to part Rural Lifestyle 1(l) and part Environment 7(a), enabling Council to consider the current application for subdivision and development of the land.

The development application was lodged on 24 August 2009 for a 30 Lot Subdivision and was accompanied by a Statement of Environmental Effects (SEE) prepared by Hill Top Planners. During the assessment process Council requested additional information, and on the 11 May 2010 the applicant submitted an amended lot layout and a number of specialist consultant reports including:

Limited Geotechnical Investigation for stage 1, dated 23 April 2009 prepared by Barker Harle; Bushfire Protection Assessment, dated 19 June 2009 prepared by Australian Bushfire Protection Planners; Aboriginal Cultural Heritage Assessment, dated November 2009 prepared by Junburra Aboriginal Consultancy Services; Flora and Fauna Assessment, dated February 2010 prepared by Ecobiological Traffic Assessment Report, dated February 2010 prepared by Hill Top Planners; and Visual Assessment, dated February 2010 prepared by Hill Top Planners.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 10 The proposal was further amended on the 1 June 2010 reducing the proposal to 16 lots, which was previously known as Stage 1 of the development. This incorporates 8 Rural Lifestyle lots, 7 Village lots and the residual portion incorporating the Allyn River frontage and existing dwelling house. Through consultation with Council staff and the HCR CMA the final proposed lot layout provides a better environmental outcome with the existing stand of native vegetation (of which is an endangered ecological community) retained within one allotment, therefore limiting the vegetation clearing required. The residual portion is the subject of a separate development application (DA 62/2010).

Council officers have now undertaken an assessment of the application in accordance with the Environmental Planning and Assessment Act, 1979 (EP&A Act) and recommend that Council approve the development application, subject to conditions. It is considered that the recommended conditions of consent will ensure the environmental impacts associated with the proposed development are appropriately managed, mitigated and monitored.

SUBJECT SITE

The property adjoins the village of East Gresford and is located on the western side of Allyn River Road/Park Street, to the north of Durham Road and is bounded by the Allyn River to the North. The property comprises moderate to steep sloping grazing land and is currently used for beef production.

The land currently contains an existing dwelling house and associated structures. There is an “Easement for the passage of Water and Electricity” which runs through the property adjacent to the western boundary. There is also a right of carriageway running through the property.

The property has retained native riparian vegetation along the Allyn River and there is 2.7ha of remnant bushland on the eastern side of the site. The remaining portion of the property is predominately cleared of vegetation with a few trees scattered through the site.

The site is serviced with reticulated water, electricity and telecommunication services.

PROPOSAL

The proposed subdivision and associated works involve:

Creation of 8 ‘Rural Lifestyle’ allotments ranging in size from 0.8 hectares to 1.107 hectares; Creation of 7 ‘Village’ allotments (2 of which also include Rural Lifestyle portion of land); Creation of a residual lot of approximately 26.36 hectares with an existing dwelling house; Construction of an internal access road - 20m wide road reserve; and Provision of reticulated water, electricity and telecommunication services;

A plan showing the proposed development is provided in Annexure ‘C’.

STATUTORY CONSIDERATIONS

PLANNING ASSESSMENT

The proposal has been assessed under the relevant matters for consideration detailed in Section 79(c)(1) of the Environmental Planning and Assessment Act 1979 as follows:

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 11 a) The provisions of:

(i) any environmental planning instrument;

State Environmental Planning Policy No. 44 – Koala Habitat Protection

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

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

The assessment concluded “No preferred feed species were detected on the subject site and so it is unlikely that this area provides foraging habitat for this species”

State Environmental Planning Policy (Rural Lands) 2008

This policy commenced on 9 May 2008 and aims to facilitate the orderly and economic use and development of rural lands for rural and related purposes. The policy identifies Rural Planning Principles and Rural Subdivision Principles so as to assist in the proper management, development and protection of rural lands for the purpose of promoting the social, economic and environmental welfare of the State.

Clause 10 applies to land in a rural zone, a rural residential zone or an environment protection zone and sets out the matters to be taken into account in determining development applications for rural subdivisions or rural dwellings, as follows: a) the existing uses and approved uses of a) The surrounding land is predominately land in the vicinity of the development, used for rural or village purposes. b) whether or not the development is likely b) The proposed subdivision is unlikely to to have a significant impact on land uses have a significant impact on the adjoining that, in the opinion of the consent authority, land uses. There is an adequate buffer are likely to be preferred and the between the existing agricultural uses and predominant land uses in the vicinity of the the proposed development. development, c) whether or not the development is likely c) The development is unlikely to be to be incompatible with a use referred to in incompatible with the surrounding land, it paragraph (a) or (b), has been identified by Council as suitable for this type of development. d) if the land is not situated within a rural residential zone, whether or not the d) The subdivision is located on the land development is likely to be incompatible which is within a rural residential zone. with a use on land within an adjoining rural residential zone, e) any measures proposed by the e) not applicable. applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d).

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 12 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

This policy aims to ensure consistency in the implementation of BASIX throughout the State by overriding competing provisions in other environmental planning instruments and development control plans. BASIX aims to encourage sustainable residential development.

The proposed subdivision will enable the erection of a dwelling-house on each lot. Each dwelling will need to demonstrate compliance with BASIX requirements.

Dungog Local Environmental Plan 2006

Under the Dungog Local Environmental Plan 2006 (LEP), the subject site is split zoned. The property is predominately zoned Rural Lifestyle 1(l), with a 100m corridor along the Allyn River zoned Environment 7(a) and approximately 2.1 hectares in the south eastern corner zoned Village 2(v). An extract of the LEP zoning map is attached as Annexure ‘D’.

The proposal is to subdivide the Village 2(v) zone into 7 allotments, create 8 Rural Lifestyle 1(l) allotments, and a residual portion containing the 7(a) and remaining 1(l) zoned land.

The proposal is generally consistent with the objectives of the Rural Lifestyle 1(l), Village 2(v) and Environment 7(a) Zone. The detailed assessment can be seen in Annexure ‘E’.

According to Clause 26(1) of the LEP 2006, consent may only be granted for development in the Rural Lifestyle 1(l) zone if Council is satisfied that: Clause Comment (a) any buildings or works resulting from The visual assessment concluded that the carrying out the development will proposal will not create building envelopes blend into the landscape to promote that would be silhouetted on a ridgeline. rural amenity and character, and not This will be further assessed at DA stage for be silhouetted on a ridgeline in a rural each dwelling house. area, particularly when seen from a public road, and

(b) the design, bulk and colours of any This will be further assessed at DA stage for such buildings will be compatible with each dwelling house. the surrounding landscape, they are low buildings, and they are suitably screened from a public road, and (c) there will be no, or only minimal, The proposal has been modified to locate the clearance of trees or significant areas identified Endangered Ecological Community of native vegetation in carrying out the (EEC) on proposed lot 9. The building proposed development, in obtaining envelopes and effluent disposal areas have access to its site, in drainage from it, or been located in areas to minimise the for bush fire hazard protection, unless potential for clearing of vegetation. the development is essential and there is no reasonable alternative, and (d) adequate vehicular access can be The proposal is for the development to be provided and maintained to and on the accessed via a new internal road off Allyn site of the proposed development, and River Road, East Gresford. The internal roads will be designed and constructed will be in accordance with Council’s requirements. (e) adequate provision has been or will be Adequate telecommunication and electricity made for any telecommunication and services will be provided. electricity services needed because of the proposed development, and

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 13 (f) if the development will be carried out on Council does not have a flood study for this land that is flood prone, it will not be area. The applicant has provided historical adversely affected by flood and will not data from the flood in late 1970’s which by exacerbate flood conditions elsewhere, local account is the highest seen in the and district. No lots would be affected is a similar flood occurred. (g) the land to be used for development is The proposal complies with this requirement stable, has a slope of less than 18°, and, if relevant, has minimal disturbance of sodic or dispersive soils, and (h) where the development will result in A Bushfire Threat Assessment was lodged the erection of dwellings, the with the application, and the NSW RFS have dwellings have been or will be issued their General Terms of Approval provided with an inner bushfire asset (GTAs). protection zone and any proposed buildings can be protected from bush fire hazard without creating any additional risk to life or property, fire- fighting personnel or equipment, and

(i) adequate buffers are provided to any There is an existing vineyard located north of existing or foreseeable future the subject property. The applicant has agricultural, intensive agricultural or demonstrated that the required 300m buffer extractive industry activities which does not encroach onto the proposed could cause noise, smell, fumes, residential component of the development. vibration, spray or other objectionable Future residents should be made aware of impacts, and the rural nature of the site to prevent future conflict. (j) adequate buffers are provided to The proposal complies with this requirement. places of Aboriginal heritage or The development has been designed to endangered or threatened ecological minimise the impact on the identified EECs. communities, and

(k) where relevant, appropriate measures Not applicable to this development have been taken to protect the amenity and comfort of the occupants of buildings near a rail corridor, or other existing or potential utility installations, from noise and vibration, and

(l) where the proposed development will All lots within the development will use on- result in the erection of a habitable site waste water disposal systems. A building, either the building can be geotechnical assessment has been provided connected to a reticulated sewerage that demonstrates effluent disposal on-site is system, or it is in accordance with an achievable on all lots in accordance with effluent capability assessment (which Council’s On-site Sewage Management takes into account hydrologic loading) Strategy and relevant guidelines. Separate demonstrating effective disposal of approval will be required for the installation of sewage, and individual systems under Sec 68 of the Local Government Act 1993

(m) the quality of stormwater run-off from Water Sensitive Urban Design principles will the site will not degrade water quality assist with the protection of water quality. or the quality of groundwater supplies and complies with any environmental management plan required by Council, and Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 14 (n) stormwater run-off from the site will Council’s Engineering Department have not contribute to additional flooding proposed a number of conditions of consent downstream, and to ensure that the post development stormwater runoff will not exceed pre development. (o) any relevant harvestable water rights No additional harvestable rights are are protected or adequately proposed. assessed, and (p) the development will not unduly lower The proposal complies with this requirement the water table or disturb the soil so as to result in the creation of acid sulfate soils, and (q) any impact of the development on The proposal complies with this requirement. biodiversity, and on native habitat on Council will condition the development to the land, is minimal. provide an EMP to assist with minimising any potential impact.

Clause 28(2) of the LEP 2006 contains the provisions for subdivision in the Village 2(v) zone as follows:

LEP Clause Comment 28(2) Consent must not be granted for a subdivision that will create a lot of land in Zone 2 (a) or 2 (v) that is able to be used for the purpose of erecting a building unless:

(a) it is connected to a reticulated (a) The property is not connected to sewerage system, or alternative reticulated sewerage. All lots will require provision is made to the satisfaction onsite disposal of effluent. These systems of the Council, and will require a separate approval under Sec 68 of the Local Government Act. A geotech report has been prepared for the subdivision indicating that onsite disposal can be carried out on all lots.

(b) if it has an area of less than 500 (b) Not applicable as the Village lots are all square metres, and is to be used for greater than 500 square metres. the purposes of erecting a dwelling, consent for the dwelling is granted concurrently.

Clause 28(3) of the LEP 2006 contains the provisions for subdivision in the Rural Lifestyle 1(l) zone as follows:

LEP Clause Comment 28(3) Consent must not be granted for a subdivision of land in Zone 1 (e) or 1 (l) unless: (a) The property is approximately 38 (a) the land to be subdivided has a total hectares, and therefore complies with area of at least 5 hectares, and this requirement. (b) only one lot to be created for the (b) Only the residual portion has an area purposes of a dwelling has an area greater than 5 hectares greater than 5 hectares, and (c) any lot to be created for the purposes (c) Within the Rural Lifestyle portion of of a dwelling that is not connected to the property there is one allotment a reticulated sewerage system has an with an area of less than 8000 square area of not less than 8,000 square metres (proposed lot 15), however metres, and the building envelope is located in the Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 15 Village zone, and therefore the proposal complies with this requirement.

(d) any lot to be created for the purposes (d) Not applicable of a dwelling that is connected to a reticulated sewerage system has an area of not less than 2,000 square metres, unless consent for a dwelling (which conforms to design quality principles approved by the Council) on the site is granted concurrently, and

(e) the average area of the lots to be (e) The proposal is for a Torrens Title created by the subdivision for the subdivision therefore the required average purposes of dwellings (excluding land area of the lots is 1.5 hectares. The which, in the opinion of the Council, is application was amended to comply with this unsuitable for development because averaging requirement. The average of the of flooding) is not less than that lots within the Rural Lifestyle zone (including specified in Column 2 for the relevant the residual portion) is 2.91 hectares. development proposal specified in Column 1 of the Table to this subclause.

Table Column 1 Column 2 Development proposal Average area of lots Torrens title subdivision (not 1.5 including lots within a community hectares title subdivision) Lots within a community title 1 hectare subdivision that are connected to a reticulated sewerage system Lots within a community title 1.3 subdivision that are not hectares connected to a reticulated sewerage system

Clause 26(4) of the LEP 2006 enables Council to impose a condition of development consent requiring the adoption of, and conforming to, and environmental management plan (EMP) to ensure on-going integrity of ecosystems and the environment, or the reduction of risk from natural disasters.

Comment: To be consistent with other similar developments in the shire and to achieve an ongoing positive environmental outcome, it is recommended that a condition of consent regarding a detailed EMP and its implementation be placed on this approval.

Integrated Development

Pursuant to section 91 of the EP&A Act, the proposal is ‘integrated development’ as it requires development consent and Authorisation under section 100B of the Rural Fires Act 1997 in respect of bush fire safety of subdivision of land that could lawfully be used for residential or rural residential purposes or development of land for special fire protection purposes.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 16 Consent under section 100B of the Rural Fires Act 1997 requiring a bushfire safety authority; and Consent under section 91 of the Water Management Act 2000 for works requiring a Controlled Activity Approval.

In accordance with section 91A of the EP&A Act, before granting consent to an application to carry out ‘integrated development’, Council must obtain from each relevant approval body the general terms of any approval proposed to be granted by the approval body in relation to the development.

Accordingly, the application was referred to the NSW Rural Fire Service (RFS) and the Department of Environment, Climate Change and Water (NSW Office of Water).

NSW Rural Fire Service

Authorisation is required under section 100B of the Rural Fires Act 1997 in respect of bush fire safety of subdivision for land that could lawfully be used for residential or rural residential purposes or development of land for special fire protection purposes.

The RFS have issued a bush fire safety authority as required under section 100B of the Rural Fires Act 1997, subject to the following conditions:

Asset Protection Zones

1. At the issue of subdivision certificate and in perpetuity, the land surrounding the existing dwelling(s), to a distance of 20 metres, shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

Water and Utilities

2. Water, electricity and gas are to comply with section 4.1.3 of ‘Planning for Bushfire Protection 2006’.

Access

3. Public road access shall comply with section 4.1.3 (1) of ‘Planning for Bushfire Protection 2006.

- The terminus of Boydell Close shall provide a temporary turning head for emergency service vehicles capable of carrying a load of 15 tonnes. The proposed turning head should be 15 metres deep from the centre line of the road, 6 metres wide and have an internal turning radius of no less than 6 metres.

4. The existing right of carriageway (within the property) in the northern portion of the site shall comply with the following requirements of section 4.1.3(2) of ‘Planning for Bushfire Protection 2006’.

- Bridges clearly indicate load rating and pavements and bridges are capable of carrying a load of 15 tonnes. - Roads do not traverse a wetland or other land potentially subject to periodic inundation (other than a flood or storm surge). - A minimum carriageway width of 4 metres. - Any carriageway constriction along the property access road shall be no less than 3.5 metres in width and for a distance of no greater than 30m. - A minimum vertical clearance of 4 metres to any overhanging obstruction, including tree branches. Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 17 - The crossfall is not to exceed 10 degrees. - Maximum grades for sealed roads do not exceed 15 degrees and not more than 10 degrees for unsealed roads.

The RFS have also advised that any further development application for class 1, 2 and 3 buildings as identified by the Building Code of Australia must be subject to a separate application under section 79Ba of the EP&A Act and address the requirements of Planning for Bushfire Protection 2006.

Department of Environment, Climate Change and Water (NSW Office of Water).

The NSW Office of Water provided General Terms of Approval dated 26 November 2010 for the proposed development. They also recommended that the following condition be included in the development consent.

“The Construction Certificate will not be issued over any part of the site requiring a Controlled Activity Approval until a copy of the Approval has been provided to Council”.

This recommended condition has been included in the proposed conditions of consent.

(iii) any development control plan

Dungog Development Control Plan No. 1

Part C - General

Section 3 – sets out the general requirements for building line setbacks in rural zones.

Comment: – In a Rural Lifestyle zone requires a setback of 140m from a main road, 20m from new roads within the subdivision and 20m from side and rear boundaries. Allyn River Road is not considered to be a main road in the DCP and therefore the proposal only requires a 50m setback. The applicant proposes a reduced setback of 30m to Allyn River Road for Proposed Lot 1, this allotment is in close proximity to the Village 2(v) zoning which only requires a 6m setback. The applicant also proposes a vegetated mound 5 wide along the frontage of Allyn River Road and Parks Street to reduce the visual impact of the proposed development from the road. The application proposes a reduced side setback of 12.5m for proposed Lot 1 and 15m for proposed Lot 2. The applicant has not provided adequate justification as to why this reduced side setbacks are required, it would mean that proposed Lot 1 has a fairly narrow building envelope of around 20m wide, however it is possible to design a dwelling which could comply with the required setback and therefore it is recommended that the 20m side setback be enforced.

If approved, the plans would be stamped to note the refusal of the setback variation.

Section 7 – provides minimum buffer zones for residential development to ensure appropriate setbacks from other types of developments;

Comment: – Agriculture is permissible without consent in both the Rural Lifestyle and Rural zones. There is an existing approved vineyard in the vicinity of the proposed development. The DCP requires a buffer distance of 150m between intensive agriculture (including vineyards) and neighbouring residential development, this buffer is increased to 300m for spray drift.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 18 The required 300m buffer distance from the existing vineyard does encroach on the property, however it only affects the Environment 7(a) land on which there is no proposed residential development. The proposal therefore complies with this requirement.

Section 8 – provides standards for managing land within flood prone areas;

Comment: - Council does not have a flood study for this area. The applicant has provided historical data from the flood in late 1970’s which by local account is the highest seen in the district. No lots would be affected is a similar flood occurred.

Section 16 – deals with the potential impacts of development on biodiversity.

Comment: - The applicant submitted an Flora and Fauna Assessment which found that the proposed development would not have a significant impact on any species, population or ecological community or their habitats within the locality.

Part D

Section 3 - contains the Gresford Local Area Plan (LAP).

Comment: - The Gresford LAP aims to establish a desired future character for land that is contained within the former 9(a) Transition zone. The subject land is included within Planning Precinct A. Planning Precinct A is further divided into 2 Planning Areas, of which the subject site is located in Area A1. The LAP contains locality based performance criteria and controls which are designed to address key issues and achieve the desired future character.

It should be noted that when LEP Amendment No 6 was gazetted the subject property was the only lot within Planning Area A1 which was zoned Rural Lifestyle and therefore considered to be suitable for this type of development. The Gresford LAP has not been updated to reflect the current zonings of the area.

The LAP identifies that due to the visual significance of this area, the presence of the vineyard and access issues, a Masterplan for the area is required. As noted above the LEP Amendment No 6 zoned adequate Rural Residential land for the projected 25 – 30 year demand, and the surrounding properties have not been zoned Rural Lifestyle 1(l) with the potential for future development. Therefore it is not considered necessary to develop a Master Plan for this area. This proposal would not sterilise future development potential, so this could be developed at a later date if required.

In addition to the planning controls setout in the LEP, DCP and Rural Strategy, the planning and assessment process for developable land within Area A1 must address:

Planning Considerations / Performance Comment Criteria

Detailed visual assessment - view shed • A visual assessment was undertaken as part of analysis to be undertaken as part of the the application. The proposed development is planning and assessment process. located in the western portion of the property which is not considered to be visually significant. Development may be prohibited in areas which are identified as having • Not applicable for this DA high visual significance.

Integrated building design is required for any development within this area. • Noted

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 19

300m buffer to be provided around the • The proposal complies with this requirement vineyard.

Dwellings will not be permitted within the buffer zone.

Land capability assessment is to be • LEP Amendment No 6 considered the subject undertaken for Area A1 to identify land site suitable for Rural Lifestyle development, suitable for development. however the remaining properties in Planning Area A1 were zoned either Rural 1(a) or If suitable for development, a Environment 7(a). Masterplan is to be prepared for Area A1. • See previous comments regarding the Master Plan requirement Subdivision is to occur in accordance with the Masterplan. The southern section of Lot 21 may be • The proposal demonstrated that the south suitable for future village uses. western portion of the property, which was zoned Village 2(v), is suitable for Village lots. As part of the Masterplanning process – The proposal creates 7 Village lots starting at assessment of the future needs of the 2340m2 village is to be undertaken and the suitability of the part of Lot 21 that abuts the village needs to be evaluated.

No additional private driveway access • No additional driveways are proposed onto Allyn or right-of-ways to Allyn River Road or River Road or Durham Road as part of this DA. Durham Road can be created.

Ability to use the Right of Way to access • Not applicable for this DA. Lots created by subdivision of Lots 1 DP 742879, Lot 5 DP 1047402 and Lot 24 DP 816421 requires investigation.

Capacity of the Right of Way to accommodate increased traffic needs to • Not applicable for this DA, Right of Way is only be investigated. Sealing may be to be used as an emergency access as part of required. this development

Any development on Lot 21 is to include The developer has proposed to provided a a pedestrian - cycle link through to East pedestrian link from the development along Gresford shopping centre. A link is also Park Street to the property known as 85 Park to be provided to the walking track Street. A link is not provided to the walking between Gresford and East Gresford track between Gresford and East Gresford.

Landscape buffer / corridor tree planting The applicant proposes a 5m wide vegetated along the Allyn River Road frontage to mound along the Allyn River Road/ Park create a village entry statement in Street frontage. A detailed Landscape will be accordance with the Landscape Policy required prior to release of Construction for Gresford - East Gresford. Certificate.

No strip development along Allyn River The proposal complies with this requirement. Road or Durham Road.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 20 For Lots 21 and 25, all development is The proposal complies with this requirement. to occur below the Durham Road level to retain both views and the visual separation between Gresford and East Gresford.

Flooding / hydrology / drainage of the The applicant has submitted information, area is to be assessed as part of the however a detailed stormwater management land capability assessment. plan will be required prior to construction certificate.

No development below the 1:100 year The proposal complies with this requirement. flood level.

Watercourses are to be protected. The proposal complies with this requirement.

Development is to be setback from The proposal complies with this requirement. watercourses as required in DCP 1.

No further riverfront lots or riparian The proposal complies with this requirement. rights are to be created.

Riparian vegetation to be protected and The proposal complies with this requirement. the riverbank and watercourses rehabilitated.

Bushfire risk to be assessed and The proposal complies with this requirement. addressed as part of any subdivision design.

Areas to be re-vegetated are to be A detailed Landscape will be required for the identified in the Masterplan and property prior to release of Construction included in subsequent development Certificate. plans.

(iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F”,

There are no relevant planning agreements applicable.

(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), that apply to the land to which the development application relates”

Building Code of Australia (BCA).

The Building Code of Australia is a relevant regulation applicable to the development. The development and future building works is required to comply with such.

Section 94 Contributions Plan

Dungog Section 94 Contributions Plan No. 1 applies to the proposed development. The subject land lies within the Paterson population catchment.

The proposal will result in increased demand for public facilities and services. Should the application be approved, section 94 contributions will be levied for a range of public facilities Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 21 and services on a per lot basis, in accordance with Council’s adopted contributions plan. Currently, these contributions are $15,877 per lot.

The current state government reform of section 94 is not applicable to this development, given the DA was lodged under the current section 94 plan and the contribution is not over the 20K threshold.

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

The key environmental issues associated with the proposed development are discussed in detail below.

Geotechnical

A Geotechnical report was provided by Barker Harle for effluent disposal on all lots. The geotech identified that there is enough room (including recommended buffers) on each block in the lifestyle area for a reserve and primary disposal field each of 1155 sq metres. Each lot in the village zone has a minimum area of 1155 sq metres available. These sizing of effluent disposal fields is based on the limiting nutrient disposal requirement which is phosphorus, provides enough area to ensure uptake of nutrients for a 50 year period and does not require wet weather storage. Effluent disposal in particular, was a considerable issue in the assessment of this development application that required ongoing discussion between Council’s environmental services department and the applicant.

Visual Impact

This area was identified as being visually significant by the Gresford community. The applicant submitted a visual assessment for the proposed development. The proposal will see a shift of the property from a large rural farmland to a rural residential area. Visual amenity is a major consideration with increasing density of land use and despite the best screening design, can typically not be completely hidden from view. The additional dwellings and associated structures is expected to have an impact on the visual amenity for surrounding residences and passing traffic, however the objective is to minimise the impacts.

The applicant proposes vegetated mound 5m wide along the Park St/Allyn River Rd frontage to minimise the visual impact of the development. The existing vegetation on the property is to be retained where possible, and the owners of the proposed allotments should be encouraged to undertake additional planting.

A landscape/revegetation management plan will be required prior to issue of construction certificate, with the planting to be undertaken prior to release of subdivision plan. This is recommended as a condition of consent.

Flora & Fauna / Riparian Zone

The Flora and Fauna Assessment prepared by Ecobiological identified 4 native vegetation communities and open grassland pasture on the property, of which two are considered to be Endangered Ecological Communities (EEC). The Central Hunter Ironbark – Spotted Gum – Grey Box Forest EEC is located adjacent Allyn River Road with the Freshwater Wetland EEC located around an existing dam on the residual allotment. The applicant amended the proposal to include the Hunter Central Ironbark EEC within one allotment to minimise the impact.

The Assessment concluded that the proposed development would have minimal impact provided several ameliorative measures and management action are undertaken.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 22 “The following recommendations are made in relation to the constraints identified:

• For the protection of locally occurring hollow-using threatened bat species, the clearing of hollow-bearing trees should be avoided where possible (including those within building envelopes) and those occurring within any bushfire APZ be retained if deemed appropriate. Some offsetting measures can be applied (ie provision of nest boxes) should the loss of any hollow-bearing trees be deemed necessary; • For the protection of the threatened ecological community Freshwater Wetland of the Coastal Floodplains, it is recommended that a buffer zone of 20m be maintained; • For the protection of Slatey Red Gum found across the site, it is recommended that these be retained; • The impact of the proposed development upon the endangered Central Hunter – Ironbark-Spotted Gum-Grey Box Forest can be minimised through a re-configuration of two of the building envelopes; • Best practice erosion and sedimentation control methods should be adopted, enforced and maintained during construction; and • The use of insecticides and herbicides within the subject site should be avoided where possible.”

These recommendations will be incorporated into the conditions of consent.

It has been identified that the subject site has Giant Parramatta Grass (GPG) which is a declared noxious weed. GPG produces enormous numbers of seeds which can be spread by vehicles, machinery and stock. It is important that the development is done in a manner to limit the potential spread throughout the property and adjoining land.

A comprehensive Environmental Management Plan (EMP) will be required to be prepared and submitted to Council for approval prior to issue of a Construction Certificate. The EMP will outline strategies for vegetation management, protection of the riparian zone and GPG control. The EMP will need to address the requirements imposed by Council and other Government authorities are fully implemented. A condition of consent and 88b instrument will require compliance at all times with the approved EMP.

Traffic

Roads and Intersections

The proposed development site gains legal and practical access to and from Allyn River Road which is generally a 2 lane sealed Public Road fully maintained by Council.

The applicant submitted a Traffic Assessment for the site when the application was for a 30 lot subdivision. It considers the impact the development will have on traffic movements along Park Street. The assessment identifies that the average daily movements from the development is less than 500 vehicles which is well within its design capacity.

In accordance with Council’s Rural Road Services Policy any new intersection requires a 160m Safe Intersection Sight Distance (SISD) in both directions for the posted 80km/h speed limit. The proposed new intersection would achieve this standard; however the applicant recommends that the 50kph sign be relocated 100m north of the proposed intersection. The Traffic Assessment does not recommend an intersection, however to be consistent with other larger subdivisions within the shire the developer will need to provide an appropriate intersection to the subdivision to conform to a Type B Intersection. The new intersection will need to provide the associated linemarking, advanced intersection signage, lighting, street name blaze and provision for a bus bay and shelter for pick up and drop off.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 23 Cycleway

The Gresford LAP required an internal cycleway and a cycleway connection between the subdivision and East Gresford. The developer has offered to provide a cycleway from the proposed intersection onto Allyn River Road/Park Street to No 85 Park Street Gresford, however argues that “the closed nature of the development roads and the limited number of residences being serviced do not in our opinion warrant the widening of the internal road pavements to accommodate an additional lane for cyclists”.

Staff do not support relaxing the requirement for a cycle lane, hence a recommended condition of development consent imposes the standard for a cycleway.

Planners Comment: Cycling offers a range of physical and health benefits and enhances the liveability of communities as well as providing an alternative to motorised transport. Whilst the proposal is only for 16 additional lots, cycleways provide communities with safe places to ride. In order for the proposal to conform to the requirements of Gresford LAP, the developer will need to provide a 1.5m wide cycleway facility within and external to the subdivision. Council’s preferred option within the subdivision is to extend the sealed carriageway formation on all internal roads with appropriate line marking. Externally, the cycleway should be totally on the footpath verge.

Existing Right of Way

The subject site is affected by a 10m wide right of way which traverses through the property to provide access to up to 8 other properties/users, including the Camyr Allyn vineyard and cellar door and Hunter Water. The development proposes to use this right of way as a fire trail access link back to Allyn River Road. A number of submissions were received regarding the right of way from existing users concerned about the impact this proposal will have on the right of ways maintenance and existing users. This is addressed in the consideration of submissions section within in this report.

Aboriginal / Cultural Heritage

The applicant submitted an Aboriginal Cultural Heritage Assessment for the proposal. This assessment concludes that “During the survey no Aboriginal artefacts were found and no visible constraints within the study area were identified.” The assessment recommends that “While no Aboriginal artefacts were found during the survey, if an Aboriginal relic or artefact or in some cases Bones are found during the construction of the infrastructure work, then all work should cease immediately and the relevant Authorities, NPWS for relics and objects and the Police for Bones be contacted immediately for further investigation and management of the area.”

This recommendation has been incorporated into the proposed conditions of consent.

The Department of Environment Climate Change and Water advised that they find no impediment to the proposed development proceeding from an Aboriginal Cultural Heritage perspective.

Flooding / Stormwater Management

Council does not have a flood study for this area. The applicant has provided historical data from the flood in late 1970’s which by local account is the highest seen in the district. No lots would be affected is a similar flood occurred.

Stormwater management

The developer submitted information on water management which identifies that with “the expected discharge from the proposed development, some will be captured by rainwater Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 24 tanks (which will be required for the houses) and any excess will be absorbed or travel down flow paths to eventually reach the river. The three main flow paths are protected with existing farm dams which will mitigate flows and allow sediment to settle before discharge into the watercourse adjoining the river”

It is proposed that the road pavements will drain using mitre drains, with the intersections drain by way of table drains. The assessment concludes that “because of the small proportion of anticipated additional water discharge for the post development scenario and by dealing with water quality issues at the road construction phase we do not anticipate that the additional flows generated by this development to be a significant problem.”

Comment: The applicant will need to provide additional information prior to the release of a construction certificate regarding the appropriate stormwater management facilities pre, during and post civil engineering construction works. In particular measures to ensure that all natural watercourses through the site are not affected by erosion and sediment and do not allow sediment to enter any of the existing natural watercourses. This can be addressed as a condition of consent.

Socio-Economic Impact

It is considered that the additional population that will result from the proposed development is likely to result in positive impacts for the local community in the form of additional patronage of local businesses, schools, and other community services.

Ecologically Sustainable Development (ESD)

ESD is defined by the National Strategy on ESD as: “Using, conserving and enhancing the community’s resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased”. ESD, its interpretation and application in relation to rural residential developments, is very subjective. By identifying suitable land to develop for rural residential purposes we are ‘using’ our resources, however by placing a finite limit on such development we are also directly ‘enhancing’ and ‘conserving’ other agricultural and environmental lands. It is suggested that concentrating rural residential developments in a small number of locations close to existing towns is a better outcome than sporadic and scattered developments. This is the strategic approach in Council’s LEP, LAPs, DCP and LUS that should be read in conjunction with site specific development proposals.

If sustainable development is viewed or defined as ‘meeting the needs of the current population without compromising opportunities for future generations’ the proposed rural lifestyle areas are viewed to achieve this. Sustainable development must consider all dimensions including social, economic, cultural, and not just environmental. A rural lifestyle development consists of a balance of such needs/interests.

The site has partially been zoned Rural Lifestyle 1(l) for future development. The applicant has submitted detailed information regarding ecological, traffic, archaeological, geotechnical, and bushfire. The proposal complies with Council’s requirements and therefore the site is considered to be suitable for the development.

(d) any submissions made in accordance with this Act or the regulations

The development application was advertised from the 1 September 2009 to the 1 October 2009. The application was exhibited for a further 2 weeks on the 17 May 2010 with the additional information submitted by the applicant. Council staff gave a further week to the people who had previously made a submission to comment, when the proposal was amended to only include stage 1. During these exhibition periods 17 written submissions Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 25 were received (The submissions can be seen in Attachment ‘2’). The following is a summary of the planning issues were raised within the submissions (it should be noted that the issues raised which concern the stage 2 of the development – which is now included in DA 62/2010 will be addressed as part of that DA’s assessment):

Existing Right of Way

The existing right of way (ROW) that runs through the property is the access road for up to 8 properties. While the proponent only proposes to use the ROW as an emergency access there is concern that the 5 allotments backing onto the ROW could access their property via the ROW.

It may also be used for kids, walkers and motorbikes, however as it is not an adequate width (10m wide) for safe usage). Unauthorised usage is difficult to police and often contentious to address.

The issue of maintenance is an issue, it is currently maintained by the 7 users but there is concern that this will be unworkable if there is an increase in usage.

The question is raised how a ‘private access road’ can be used as a fire emergency exit without any consultation with the owners of the road? What improvements or maintenance will be developer be required to commit to?

Whether the increase in access increases the responsibility for the Council? It is suggested that Council should have the ROW upgraded to a public road standard and dedicated to Council.

Planners Comment

This is a difficult matter, whist the adjoining properties have the benefit of the use of the ROW, the land is still owned by the proponent. Therefore, the adjoining properties consent is not required for the proposed subdivision to occur. The matter of maintenance is not something that can be resolved by Council as part of this application as it is a private matter between the parties.

Council is unable to require the proponent to upgrade the ROW beyond the NSW RFS requirements for an alternate access road as proposed by the development. We also are unable to require the proponent to upgrade the ROW and dedicate it as a public road. In the event that the proponent suggested that he was going to increase this to a 20m wide access and dedicate it as a public road, due to financial considerations, Council will not necessarily accept maintenance responsibility for newly constructed/dedicated roads even if they meet the required standards.

If in the future, further development occurred on the properties that gain access via the ROW it would be their responsibility to upgrade the access to the appropriate standard. There is adequate area to the north of the ROW to make it 20m wide if the need be, however this would need to be negotiated with the owner of the land.

In summary, Council has no role, nor jurisdiction in relation to the maintenance of the existing ROW.

Agricultural Activities

Concern raised that the proposed development is incompatible with the existing Intensive Agricultural pursuit on the neighbouring properties.

Believed that Council’s buffer zone requirement was 500m however the application only addresses up to 300m, with some of the development within the 300m buffer. Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 26

Planners Comment

The Shire DCP – Buffer Zones states “A minimum buffer between intensive agricultural and neighbouring residential development is to be 150m.” This buffer is increased to 300m where chemical sprays are used with open ground conditions. The applicant has demonstrated that only a small portion the subject property is within 300m buffer of the existing Intensive Agricultural pursuit (vineyard). This portion of the property is zoned 7(a) Environment and therefore will not be developed further, therefore all of the proposed residential allotments are outside the required 300m buffer zone.

There are other agricultural activities on the adjoining properties, however they are not defined as Intensive Agriculture and therefore are not covered by the DCP. In order to limit the potential for future conflict and make prospective purchasers aware of standard agricultural production practises and their impacts, an information sheet regarding this matter is included in all section 149 Planning Certificates.

Rural Amenity

The adjoining property on Durham Road currently enjoys a peaceful rural outlook which will cease with this development. It will have a negative impact on the rural amenity and adjoining resident’s privacy. The development will increase dust and noise therefore decreasing the quality of living on adjoining properties.

Planners Comment

The applicant submitted a visual assessment for the proposed development. The proposal will see a shift of the property from a large rural farmland to a rural residential area. Visual amenity is a major consideration with increasing density of land use and despite the best screening design, can typically not be completely hidden from view. The additional dwellings and associated structures is expected to have an impact on the visual amenity for surrounding residences and passing traffic, however the objective is to minimise the impacts.

Traffic Impact

The additional residential blocks will have a negative impact with increased traffic and noise.

Planners Comment

The applicant submitted a Traffic Assessment and Council’s Engineering Department have assessed the proposal and determined that it complies with the relevant requirements

Masterplan / DCP requirements

The proposal does not have regard for a master plan for future use and access of surrounding land. This sterilizes adjoining landholders for public access and future development.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 27 It does not address an alternate route through to the school and cycleway nor does it address recreational reserves or access.

Planners Comment

Refer to the DCP section of this report for information on compliance with the Gresford Local Area Plan DCP.

SUMMARY

The proposed development is consistent with relevant State and Local Planning Instruments and is considered to be a suitable use for the site. In addition, it is considered that the environmental impacts can be adequately managed. Accordingly, the application is supported subject to conditions.

RECOMMENDATION

It is recommended that DA 100/09 for the subdivision of Lot 21 DP 816421, No 59 Allyn River Road, East Gresford into 16 Torrens title lots be approved subject to the following conditions:

Advisory conditions:

1. All native vegetation on site shall be retained and protected unless the proposed clearing complies with the Native Vegetation Act 2003 and Native Vegetation Regulations 2005.

Advice: Any clearing of Native Vegetation will require separate approval from the Hunter-Central Rivers Catchment Management Authority under the Native Vegetation Act 2003. Clearing of native vegetation is not to commence until formal approval from the Catchment Management Authority, in the form of a Property Vegetation Plan (PVP), has been obtained.

2. The developer is advised that the Australian Government is in the process of commencing the roll out of the National Broadband Network. You are to make your own enquiries as to whether this will apply to your development and/or what the appropriate serving provision standards may be.

Reason: For information purposes.

General

3. The subdivision of Lot 21 DP 816421, No 59 Allyn River Road, East Gresford being carried out in accordance with the following information submitted with development application 100/2009, except as modified by the conditions of this consent:

Plan of Subdivision of Lot 21 DP 816421, sheet 01, edition F dated 31.05.2010 prepared by G Ferguson. Limited Geotechnical Investigation for stage 1, dated 23 April 2009 prepared by Barker Harle; Geotechnical Report No 90213 dated May 2010 prepared by Barker Harle; Bushfire Protection Assessment, dated 19 June 2009 prepared by Australian Bushfire Protection Planners; Aboriginal Cultural Heritage Assessment, dated November 2009 prepared by Junburra Aboriginal Consultancy Services; Flora and Fauna Assessment, dated February 2010 prepared by Ecobiological Traffic Assessment Report, dated February 2010 prepared by Hill Top Planners; and Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 28 Visual Assessment, dated February 2010 prepared by Hill Top Planners.

Reason: To ensure all works are carried out in accordance with the submitted and approved plans.

4. Should any aboriginal site or relic be disturbed or uncovered during the construction of this development, all work should cease and the National Parks and Wildlife Service consulted. Any person who knowing disturbs an aboriginal site or relic is liable to prosecution under the National Parks and Wildlife Act 1974.

Reason: To ensure that any potential sites or relics are properly identified and appropriate action taken.

5. All future on-site sewage management systems on the site must comply with the design specifications provided in the Barker Harle Geotechnical Report No 90213 of May 2010

Reason: To ensure effluent disposal is carried out in an environmentally sound manner and as per the submitted reports.

6. An application to install and operate a sewage management system must be submitted to Council prior to the approval of any development requiring sewage disposal;

Reason: To ensure effluent disposal is carried out in an environmentally sound manner and considered on a specific basis at a later date.

7. The land may be subject to flooding and if it is flooded Council will not, pursuant to Section 733, Local Government Act 1993, incur any liability in respect of the granting of this consent.

Reason: Advisory condition regarding flooding.

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

Reason: To ensure that the development is serviced by all public utilities at no cost to Council.

9. If any lot on the subdivision is to be filled by over 0.2 metres depth, the entire depth of fill is to be compacted to 95% standard in accordance with AS1289-E(1.1) and certified as such by a practising civil engineer or geotechnical consultant. Appropriate erosion and sediment control measures shall be utilised and maintained until adequate grass cover has established.

Reason: To ensure that the development complies with Council requirements

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

Reason: To ensure appropriate servicing to the lots.

11. All works are to comply with the Building Code of Australia 2010.

Reason: To ensure compliance with the BCA 2010 and to ensure all servicing is constructed in an appropriate manner.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 29 12. The applicant shall ensure that arrangements are made for the Principal Certifying Authority, Council or Private Certifier, to carry out STAGE INSPECTIONS indicated as follows in bold.

Request for Council inspections may be made either by telephone or in person.

Forty eight (48) hours notice must be given for inspections.

Applicants are required to nominate the relevant Construction Certificate Number and location prior to the inspection request being granted.

Note: STAGE INSPECTIONS are required to be carried out in order to ensure that a Subdivision Certificate can be issued. In the event that any stage inspection is not carried out, a Subdivision Certificate cannot be issued.

(a) After stripping of topsoil from roads and fill areas, all Erosion & Sediment Control devices and Traffic Control signs (new intersection with Allyn River Road) shall be installed at this stage. (b) After completion and compaction of the road sub grade. (c) After placement and compaction of each layer of gravel pavement material prior to sealing. (d) After laying and jointing of all stormwater drainage pipelines prior to backfilling. (e) During application of bitumen seal or asphaltic concrete wearing surface. (f) After restoration and completion of all works. (g) As otherwise required to confirm that the works are satisfactorily executed and in conformity with environmental controls and conditions of Development Consent.

It should be noted that Council charge fees for inspections and Compliance Certificates. These inspection fees must be paid prior to release of the Construction/Subdivision Certificate associated with the Development Consent. At the time of issuing this Development Consent Council’s Inspection Fee was $125.00 per inspection. Compliance (Inspection) Fees will be adjusted in accordance with Council’s Fees & Charges operating at the time of inspection. In the event further additional inspections are required those inspections will attract inspection fees.

Reason: To demonstrate that development works are carried out in conformity with the Construction Certificate issued development conditions and to appropriate technical engineering standards.

Consultation

13. Prior to preparation of any engineering design plans, the consultant preparing the design plans will need to contact Council’s Infrastructure & Assets department to discuss the extent and scope of all works and details required on the design plans. Some of the issues to be discussed and incorporated in the design plans include but not limited to the following:

• Location of bus bays and shelters. • Erosion & sediment controls. • Stormwater drainage. • Pavement standards including carriageway widths etc. • Earthwork details including quantities and stockpiling. • Traffic control details. • Restoration details. • Cycle way requirements

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 30

Reason: To ensure appropriate levels of works and engineering design details are satisfactorily addressed.

Prior to Commencement of Works

14. A Construction Certificate is to be issued by the Certifying Authority prior to commencement of any works. The application for this Certificate is to satisfy all of the requirements of the Environmental Planning and Assessment Regulation 2000.

Reason: Required by the Environmental Planning and Assessment Act.

15. Prior to the commencement of works the developer shall undertake the initial treatment of Giant Parramatta Grass in accordance with Council’s Noxious Weed Officer or other suitably qualified person’s recommendations.

Reason: To limit the spread of Noxious Weeds.

Prior to Release of Construction Certificate

16. The Construction Certificate will not be issued over any part of the site requiring a Controlled Activity Approval until a copy of the Approval has been provided to Council.

Reason: Required under the Water Management Act 2000.

17. Separate approval from Council as the Roads Authority must be obtained under Section 138 of the Roads Act 1993 prior to the issue of any Construction Certificate which includes any works within a Council road reserve. For any such works, detailed engineering design plans must be submitted to Council for approval prior to issue of the Construction Certificate.

Reason: Required under the Roads Act 1993.

18. The developer shall arrange for detailed engineering design plans to be submitted to Council for approval addressing all internal roads including associated stormwater drainage and erosion/sediment controls, in accordance with the standards set out in AUS-SPEC and to the satisfaction of Council to include but not limited to the following:-

(a) 20 metre wide road reserve. (b) Formation width 8.5 metres. (c) Minimum sealed carriageway width of 6.5 metres. (d) Minimum compacted selected gravel base of 350mm thick. (e) 2 coat bitumen seal or 40mm AC. (f) Minimum spray seal shoulder widths 1.0 metres. (g) Minimum table drain width of 1.5 metres (use of Water Sensitive Urban Design (WSUD) techniques would be supported throughout the subdivision). (h) Cut and fill batters not exceeding 1:1 (cut) and 1.5:1 (fill). (i) Footpath widths 4.25 metres. (j) Cycleway of 1.5 metres minimum width (Council’s preferred option is to extend the 6.5 metre wide carriageway. The cycleway is to be suitably line marked and highlighted as such. (k) Strategically positioned bus bays and shelters. (l) Associated stormwater (including subsoil) drainage. (m) Erosion and Sediment controls. (n) Provision of a temporary vehicle turning facilities to accommodate the turning path of a single unit truck (garbage truck/standard school bus) generally at the western boundaries of proposed Lots 5 & 6 on proposed road named Boydell Close. Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 31 (o) A permanent turning facility at the end of proposed road named Camry Allyn Close to accommodate the turning path of a single unit truck (garbage truck/standard school bus) (p) Appropriate road linemarking.

Reason: To provide an appropriate standard of vehicle access to the land to accommodate the traffic likely to be generated from the development.

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

The installation of a sealed entrance to proposed Lot 11 complying with the requirements of Council’s standard drawing number SD0015 titled “Private Entrance - Rural Bitumen Roads – July 2000” as amended. The entrance shall be constructed so as not to impede the flow of water in any table drain.

A copy of Council’s specification is available from Council’s Infrastructure & Assets Department. Access provision shall be incorporated in road design plans where these are required as a condition of development.

Reason: To provide an appropriate standard of vehicle access to the land to accommodate the traffic likely to be generated from the development.

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

The provision of a stormwater system with water quality control facilities which may include Water Sensitive Urban Design Techniques for the treatment of stormwater runoff and discharge from the development to the satisfaction of Council.

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

Reason: To provide appropriate stormwater drainage within the development and to minimize downstream environmental affects.

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

A single all weather vehicle access way incorporating a vehicle shake down device within the property generally in accordance with the “Stabilised Site Access” design criteria in the latest Managing Urban Stormwater publication (the blue book), extending from the existing formation of Allyn River Road OR the use of cattle type grid structures OR a combination of both so as to provide appropriate access to the site which will minimise the potential for erosion to occur and for materials to be tracked onto the road by vehicles.

Reason: To minimise the tracking of sediment from the site during the construction phase.

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

Erosion and Sediment Control facilities to deal with all aspects of earthworks associated with the development. The detailed plans shall be in accordance with Dungog Council's Erosion and Sediment Control Plan Guidelines and the latest edition of Managing Urban Stormwater publication (the blue book). Sediment control measures shall be provided for the duration of the works and until the site is stabilised. Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 32

Reason: To ensure all sediment is contained on the development site and appropriate environmental control are in place pre, during and post civil engineering works.

23. The developer shall arrange for details of the following to be submitted to Council for approval: -

Details for the disposal of any spoil gained from the site and or details of the source of fill, heavy construction materials and proposed routes to and from the site.

Reason: To ensure spoil is disposed of in a satisfactory environmental method and the proposed routes are recorded for possible damage caused by construction vehicles.

24. The developer shall arrange for detailed engineering design plans to be submitted to Council for approval which shall include but not limited to the following: -

a. A sealed modified Type B Intersection with Allyn River Road to conform to the measurements suitable for an 80kph speed limit along Allyn River Road. b. Associated linemarking. c. Advanced intersection signage together with intersection signage. d. Lighting of the intersection. e. Provision of a Street name blaze. f. Sealed bus stop areas in Allyn River Road including an area for standing/waiting opposite and adjacent the intersection. g. Provision of a “GIVE WAY” sign. h. Associated stormwater drainage details.

Reason: To provide an appropriate standard of vehicle access to the land to accommodate the traffic likely to be generated from the development and to conform to Council requirements.

25. Prior to issue of Construction Certificate the developer will provide for Council Staff approval an Environmental Management Plan (EMP) that details works and maintenance schedules to be implemented within the subdivision. The plan must incorporates the recommendations from the various reports provided in the assessment process and any other conditions imposed on the development by other authorities or outlined in other approvals relating to the development. The plan must include but not limited to:

• the various recommendations of reports submitted by the applicant in relation to ecology and erosion remediation and control works. In particular the recommendations of the Flora and Fauna Assessment prepared by Ecobiological; • Details of the retention and improvement of the Endangered Ecological Communities identified on the property; • Remediation of the riparian areas; • Landscape maintenance schedule; • Management of companion animals • Proposed Management Plan for Noxious weeds, in particular Giant Parramatta Grass • Stormwater management plan; • Geotechnical requirements; • Proposed mechanism for transfer of responsibility for any maintenance required to the property owner. • Elements of the Environmental Management System and specific ongoing issue management • The relevant Standards/Guidelines to be utilised

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 33 • Actions – Monitoring, Review, Reporting and Evaluation associated with environmental management • Sustainability, Ecosystem and Environmental Justice • Risk, Governance and Participation/Engagement • Social Learning and Adaptive Management

Advice: The EMP should provide a framework for managing and mitigating any environmental impacts associated with the proposed development. In particular, it should address ongoing vegetation management and protection of the riparian areas. Further, the EMP should ensure the commitments made in the DA and the requirements imposed by Council and other Government authorities are fully implemented

26. Prior to issue of a Construction Certificate a landscaping / revegetation management plan shall be prepared and submitted to Council for approval. The plan must:

(a) Incorporate the latest subdivision layout; (b) Provide for retention of existing vegetation with supplementary planting of indigenous species to form a vegetated buffer along the Allyn River Road/Park Street frontage. (c) Identification of any proposed Vegetation within road reserves; (d) Identification of all Endangered Ecological Communities, all hollow bearing trees, the 20m buffer around the threatened ecological community Freshwater Wetland of the Coastal Floodplains and all Slaty Red Gum found across the site.

Prior to Issue of Subdivision Certificate

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

Reason: Statutory requirement.

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

Council’s fee covers the cost of providing copies of the plan of survey to relevant internal Council departments and to Government departments as required.

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

Reason: To ensure compliance with Council’s requirements.

Advice: The fee for a Subdivision Certificate is $220.00.

29. The developer is to pay $550 for each new road/street names within the development . This needs to be paid prior to proceeding with advertising in accordance with Council’s policy.

Reason: To ensure future road naming is carried out as per Council policy.

30. Prior to issue of the Subdivision Certificate, a certificate of compliance under Section 50 of the Hunter Water Act 1991 for this development shall be submitted to the Principal Certifying Authority.

Reason: To conform with other authorities.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 34 31. Payment of a cash contribution to Council in accordance with the provisions of Dungog Section 94 Contributions Plan 2004 adopted 29 September 2004.

The following contributions, which are subject to quarterly adjustment, are to be paid prior to the release of linen plan and subdivision certificate.

Gresford Catchment Sports Fields $ 5158.00 Parklands $ 278.00 Swimming Pool $ 1372.00 Indoor Sports Facility $ 1445.00 Local Community Centre $ 434.00 District Community Centre $ 301.00 Youth Venue $ 242.00 Arts & Craft Centre $ 68.00 Aged Facility $ 222.00 Library $ 658.00 Pre-School $ 870.00 Rural Sub-Arterial Roads upgrades $ 122.00 Rural Local Roads and intersection upgrades $ 1006.00 Bikeway Facilities $ 427.00 Fire Services $ 1488.00 Section 94 Management $ 1050.00 Administration $ 736.00 Total $ 15,877.00 per additional lot (x 15 = $ 238,155.00)

Reason: This development results in increased demand on existing amenities or services that has been identified in respective contribution plans. These plans are available for inspection at Council’s offices, Dowling Street, Dungog. Council will hold the money payable under this condition and utilize these funds to upgrade amenities or services in the future.

Advice: Copies of the Contributions Plan are available for inspection and purchase at Council’s Administration Building, Dungog.

The applicant and / or subdivider must contact Council prior to the payment to determine the current rate of contribution, as the rates are revised quarterly. Staging of payments is permitted if staging of development is approved by the terms of this consent.

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

(a) electricity will be available to each allotment created by the subdivision when and if development is proposed on the land; (b) that any transmission lines or other assets of an energy provider on private land be “protected” by an easement; and (c) where development requires the relocation of transmission lines or other assets, the applicant is required to make satisfactory arrangements with an energy provider for such relocation to be carried out.

Reason: To ensure that the interests and responsibilities of energy provider and Dungog Council with regard to the timely supply of power connections are satisfied.

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

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 35 A letter from an energy provider stating that satisfactory arrangements have been made for the supply of electricity in the subdivision is to be submitted to Council, and accepted, prior to the release of the linen plan of subdivision.

33. Suitable arrangements being made with a telecommunications carrier to ensure that:-

(a) communication will be available to each allotment created by the subdivision when and if development is proposed on the land; (b) that any transmission lines or other assets of a telecommunications carrier on private land be “protected” by an easement; and (c) where development requires the relocation of transmission lines or other assets, the applicant is required to make satisfactory arrangements with a telecommunications carrier for such relocation to be carried out.

Reason: To ensure that the interests and responsibilities of a telecommunications carrier and Dungog Council with regard to the timely supply of telephone connections are satisfied.

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

A letter from a telecommunications carrier stating that suitable arrangements have been made is to be submitted to Council, and accepted, prior to release of the linen plan of subdivision.

34. Pursuant to section 88B of the Conveyancing Act easements and restrictions as-to- user shall be created to achieve the following purposes:

(a) Implementation and maintenance of the approved Environmental Management Plan (EMP) and approved Landscape Plan (LP); (b) All rights of carriageway; (c) Prohibit construction of buildings outside the identified building envelopes (incorporating a 20m side setback on along the western boundary of proposed lots 1 and 2); (d) Prohibit direct vehicle ingress or egress to and from Allyn River Road on Lots 1, 9 and 10; (e) Prohibit clearing of native vegetation on Lot 9 except in accordance with a PVP from the Hunter Central Rivers CMA; (f) Provide that no fence of any kind shall be erected other than a fence which permits the movement of native fauna across the site and is free from ‘netting’ type material. (g) Provide that the Vegetated mound 5m wide shall be maintained on Lots 1, 9 and 10. (h) Prohibiting use of the existing Right of Carriageway 10.06 wide, except in the case of an emergency access. (i) Prohibiting the installation of gates along the rear boundaries of Lots 1, 2, 3, 4 and 5 onto the existing right of carriageway. (h) To ensure that cats and dogs are managed (in accordance with the EMP) to minimise impacts on native fauna, livestock and rural amenity. (i) To prohibit the use of recreational motor vehicles/motorbikes on these lots.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 36

Reason: To ensure the potential environmental impacts are appropriately mitigated and managed.

35. All Landscaping shall be completed and maintained in accordance with an approved Landscaping / Revegetation Management Plan.

Reason: To ensure compliance with Council’s requirements.

36. Boundary fencing shall be installed by the developer between the existing right of way and the rear boundaries of Lots 1, 2, 3, 4 and 5. Boundary fencing shall also be installed by the developer around all boundaries of Lot 9 and the identified Endangered Ecological Community in accordance with Council and the Hunter Central Rivers Catchment Management Authority’s requirements.

Reason: To ensure these areas are clearly identified to prospective purchasers.

37. The developer shall construct the following to the satisfaction of Council: -

All internal roads including associated stormwater drainage and erosion/sediment controls, in accordance with approved Construction Certificate design plans to meet the standards set out in AUS-SPEC and to the satisfaction of Council to include but not limited to the following:-

(a) 20 metre wide road reserve. (b) Formation width 8.5 metres. (c) Minimum sealed carriageway width of 6.5 metres. (d) Minimum compacted selected gravel base of 350mm thick. (e) 2 coat bitumen seal or 40mm AC. (f) Minimum spray seal shoulder widths 1.0 metres. (g) Minimum table drain width of 1.5 metres (use of Water Sensitive Urban Design (WSUD) techniques would be supported throughout the subdivision). (h) Cut and fill batters not exceeding 1:1 (cut) and 1.5:1 (fill). (i) Footpath widths 4.25 metres. (j) Cycleway of 1.5 metres minimum width (Council’s preferred option is to extend the 6.5 metre wide carriageway. The cycleway is to be suitably line marked and highlighted as such. (k) Strategically positioned bus bays and shelters. (l) Associated stormwater (including subsoil) drainage. (m) Erosion and Sediment controls. (n) Provision of a temporary vehicle turning facilities to accommodate the turning path of a single unit truck (garbage truck/standard school bus) generally at the western boundaries of proposed Lots 5 & 6 in proposed road named Boydell Close. (o) A permanent turning facility at the end of proposed road named Camry Allyn Close to accommodate the turning path of a single unit truck (garbage truck/standard school bus) (p) Appropriate road linemarking.

Reason: To provide an appropriate standard of vehicle access to the land to accommodate the traffic likely to be generated from the development.

38. The developer shall construct the following to the satisfaction of Council: -

The installation of a sealed entrance to proposed Lot 11 complying with the requirements of Council’s standard drawing number SD0015 titled “Private Entrance - Rural Bitumen Roads – July 2000” as amended in accordance with the approved Construction Certificate plans. The entrance shall be constructed so as not to impede the flow of water in any table drain.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 37 A copy of Council’s specification is available from Council’s Infrastructure & Assets Department. Access provision shall be incorporated in road design plans where these are required as a condition of development.

Reason: To provide an appropriate standard of vehicle access to the land to accommodate the traffic likely to be generated from the development.

39. The developer shall construct the following to the satisfaction of Council: -

The provision of a stormwater system with water quality control facilities which may include Water Sensitive Urban Design Techniques required treating stormwater runoff and discharge from the development in accordance with the approved Construction certificate plans to the satisfaction of Council.

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

Reason: To provide appropriate stormwater drainage within the development and to minimize downstream environmental affects.

40. The developer shall construct the following to the satisfaction of Council: -

A single all weather vehicle access way incorporating a vehicle shake down device within the property generally in accordance with the “Stabilised Site Access” design criteria in the latest Managing Urban Stormwater publication (the blue book), extending from the existing formation of Limeburners Creek Road OR the use of a cattle type grid structure OR a combination of both so as to provide appropriate access to the site which will minimise the potential for erosion to occur and for materials to be tracked onto the road by vehicles.

Reason: To minimise the tracking of sediment from the site during the construction phase.

41. The developer shall construct the following to the satisfaction of Council: -

Erosion and Sediment Control facilities to deal with all aspects of earthworks associated with the development. The works shall be in accordance with Dungog Council's Erosion and Sediment Control Plan Guidelines and the latest edition of Managing Urban Stormwater publication (the blue book). Sediment control measures shall be provided for the duration of the works and until the site is stabilised.

Reason: To ensure all sediment is contained on the development site and appropriate environmental control are in place pre, during and post civil engineering works.

42. The developer shall construct the following to the satisfaction of Council: -

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 38

Reason: To provide an appropriate standard of vehicle access to the land to accommodate the traffic likely to be generated from the development and to conform to Council requirements.

43. The developer shall ensure that satisfactory arrangements have been made with Council for the supply and erection of property identification numbers in accordance with Council’s Rural Addressing Program.

Reason: To ensure that property addressing is of a uniform nature.

Advice: A payment of $82.50 to Council for each lot created is required for rural addressing purposes.

44. The plan of subdivision shall include the dedication as Public Road of such land as is necessary to contain the constructed road in use, and known as Allyn River Road over the frontage of proposed Lots 1, 9 & 10. In the event existing fencing is located within the dedicated road reserve, the developer will be responsible for relocating those fences onto the surveyed alignments. The registered surveyor who prepares the plan of subdivision shall certify to the Principal Certifying Authority that the existing constructed road is wholly contained within the road reserve boundaries shown on the plan of subdivision.

Reason: To rectify encroachments as part of the subdivision.

45. All civil engineering works to be transferred to Council ownership shall be covered by a 12 months Maintenance Bond in accordance with Council’s Bonding Policy. The 12 months Maintenance Bond shall commence from the Practical Completion date identified by Council or until registration of the subdivision plan, whichever is greater. The 12 Months maintenance Bond also attracts a Bond Administration Fee as identified in Council’s Fees and Charges at the time of preparation of the Bond.

Reason: To ensure all civil engineering works being transferred to Council ownership are at an acceptable standard when transferred.

46. The provision of Work as Executed information prior to release of the Subdivision Certificate. The information is to be submitted in hard copy and in electronic format compatible with AutoCAD. This information is to be approved by Council prior to issue of the Subdivision Certificate.

Reason: To ensure Council has documentary proof of all their assets to complete appropriate records.

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

Reason: To ensure Councils assets are maintained to good engineering standards.

48. The plan of subdivision and associated Section 88B instrument shall establish the following restrictive covenants; with the Council having the benefit of these covenants and having sole authority to release vary or modify these covenants. Wherever possible the extent of the land affected by these covenants shall be defined by bearings and distances shown on the plan of subdivision.

A: On proposed Lots 1, 9 and 10:

a. Prohibiting direct vehicle ingress or egress to and from Allyn River Road. Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 39

Reason: To ensure the development does not increase individual traffic movement onto a main type road.

49. All fees, Section 94 and other Contributions will need to be adjusted in accordance with Councils Fees & Charges applicable at the time of payment.

Reason: To ensure all Fees & Charges are paid at the correct rate at the time of payment.

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

Reason: To ensure compliance with Council’s requirements.

Special Conditions – Other Authorities

NSW RFS

Asset Protection Zones

51. At the issue of subdivision certificate and in perpetuity, the land surrounding the existing dwelling(s), to a distance of 20 metres, shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

Water and Utilities

52. Water, electricity and gas are to comply with section 4.1.3 of ‘Planning for Bushfire Protection 2006’.

Access

53. Public road access shall comply with section 4.1.3 (1) of ‘Planning for Bushfire Protection 2006.

(a) The terminus of Boydell Close shall provide a temporary turning head for emergency service vehicles capable of carrying a load of 15 tonnes. The proposed turning head should be 15 metres deep from the centre line of the road, 6 metres wide and have an internal turning radius of no less than 6 metres.

54. The existing right of carriageway (within the property) in the northern portion of the site shall comply with the following requirements of section 4.1.3(2) of ‘Planning for Bushfire Protection 2006’.

(a) Bridges clearly indicate load rating and pavements and bridges are capable of carrying a load of 15 tonnes; (b) Roads do not traverse a wetland or other land potentially subject to periodic inundation (other than a flood or storm surge); (c) A minimum carriageway width of 4 metres; (d) Any carriageway constriction along the property access road shall be no less than 3.5 metres in width and for a distance of no greater than 30m; (e) A minimum vertical clearance of 4 metres to any overhanging obstruction, including tree branches; (f) The crossfall is not to exceed 10 degrees;

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 40 (g) Maximum grades for sealed roads do not exceed 15 degrees and not more than 10 degrees for unsealed roads;

55. Any further development application for class 1, 2 and 3 buildings as identified by the Building Code of Australia must be subject to a separate application under section 79Ba of the EP&A Act and address the requirements of Planning for Bushfire Protection 2006.

DEPARTMENT OF ENVIRONMENT CLIMATE CHANGE AND WATER NSW Office of Water

56. These General Terms of Approval (GTA) only apply to the controlled activities described in the plans and associated documentation listed below, relating to DA 100/2009 and provided by Council”

(i) Statement of Environmental Effects for Subdivision at Lot 21 DP 816421. Prepared by Hill Top Planners Pty Ltd, dated August 2009. (ii) Tentative Plan of Subdivision of Lot 21 DP 816421, sheets 01 to 11, Edition A. Prepared by Graeme Ferguson, undated.

Any amendments or modifications to the proposed controlled activities may render these GTA invalid. If the proposed controlled activities are amended or modified the NSW Office of Water must be notified to determine if any variations to these GTA will be required.

57. Prior to the commencement of any controlled activity (works) on waterfront land, the consent holder must obtain a Controlled Activity Approval (CAA) under the Water Management Act from the NSW Office of Water. Waterfront land for the purposes of this DA is land and material in or within 40 metres of the top of the bank of the watercourses.

58. The consent holder must prepare or commission the preparation of:

(i) Civil design/Construction Plans for Road and Watercourse Crossings (ii) Vegetation Management Plan (iii) Erosion and Sediment Control Plan

59. All plans must be prepared by a suitably qualified person and submitted to the NSW Office of Water for approval prior to any controlled activity commencing. The following plans must be prepared in accordance with the NSW Office of Water guidelines located at www.water.nsw.gov.au/water_trade/rights_controlled.shtml

(i) Vegetation Management Plans (ii) Riparian Corridors (iii) Outlet structures (iv) Watercourse crossings

60. The consent holder must carry out a maintenance period of two (2) years after practical completion of all controlled activities, rehabilitation and vegetation management in accordance with a plan approved by the NSW Office of Water

61. The consent holder must ensure that the construction of any bridge, causeway, culvert or crossing does not result in erosion, obstruction of flow, destabilisation or damage to the bed or banks of the river or waterfront land, other than in accordance with a plan approved by the NSW Office of Water

62. The consent holder must ensure that no materials or cleared vegetation that may obstruct flow, wash into the water body or cause damage to river banks are left on Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 41 waterfront land other than in accordance with a plan approved by the NSW Office of Water.

63. The consent holder must stabilise drain discharge points to prevent erosion in accordance with a plan approved by the NSW Office of Water.

64 The consent holder must establish all erosion and sediment control works and water diversion structures in accordance with a plan approved by the NSW Office of Water. These works and structures must be inspected and maintained throughout the working period and must not be removed until the site has been fully stabilised.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 42

Kristy Cousins 3. PROPOSED ROAD NAMES FOR DEVELOPMENT APPLICATION 100/2009 DA 100/2009 & DA 62/2010

Précis:

Proposed Road names for the two new roads proposed within the subdivision of Lot 21 DP 816421, 59 Allyn River Road, East Gresford.

**********

The applicant of DA 100/2009 and DA 62/2010, for the proposed subdivision of 59 Allyn River Road East Gresford, has provided Council with a list of proposed road/street names for the two (2) new roads to be constructed within the development.

Road One

1. Camyr Allyn Close 2. Townshend Close 3. Bendemeer Close

Road Two

1. Boydell Close 2. Barrington Place; 3. Lindeman Place.

Camyr Allyn Close and Boydell Close are the developers preferred names and are shown on the proposed lot layout as can be seen in Annexure ‘C’.

STATUTORY CONSIDERATIONS

Road naming in NSW is legislated under the Roads Act 1993. This Act empowers the authority in charge of the road with the rights to name it. The Roads (General) Regulation 2000 sets out the process that must be followed and requires the road naming authority to:

publish notice of its proposal in a local newspaper; and serve notice of its proposal on Australia Post, the Registrar General and Surveyor General (through the Department of Lands).

If, after consideration, the authority decides to proceed with the proposed name, it must publish notice of the new name in the Government Gazette and in a local newspaper.

It is important to note that Council may not proceed with a proposal to name a road if Australia Post, the Registrar General or Surveyor General objects to the name. The Registrar General or Surveyor General will only object to a proposal if it is deemed not to meet the Guidelines for the naming of roads, published by the Geographical Names Board (GNB). If a naming proposal does not meet these guidelines, the proposal will be referred to the GNB for determination. The GNB can either overturn the decision or give a finding of non-concurrence, which would restrict the naming authority from gazetting this name.

COMMENT

While Council has not formally advertised the proposed road names, one objection to the name Camyr Allyn Close was received during the exhibition period for DA 100/2009. The objection states that:

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 43 “Boydell Close & Camyr Allyn Close are appropriate names however the name “Camyr Allyn Road” should be reserved for the currently unnamed right of way which travels through the Camyr Allyn properties. This right of way accesses the historical, original site of residence of Charles Boydell on what is now know as Riverbend and the ruins of Charles, the original owner of Camyr Allyn. The use of the name Camyr Allyn Close would be confusing – in the instance of Camyr Allyn Road or in the very existence of the properties bearing the name Camyr Allyn using alternate entries.”

The proposed road/street names are generally considered acceptable and comply with the naming guidelines contained in Council’s Street Naming Policy C3:25.

RECOMMENDATION

1. That Council endorse the six (6) proposed street/road names in accordance with Council’s Street Naming Policy No. C3:25, submit the proposed names to the Registrar General, Surveyor General and Australia Post for their concurrence;

2. That after receiving concurrence, Council advertise the two (2) preferred proposed street/road names for a period of 28 days for public comment;

3. That should no objections be received, Council adopt the new street/road names and publish notice of the new names in the Government Gazette and in the local newspaper; and

4. That in the event objections are received and those objections cannot be satisfied, the matter be reported back to Council for consideration.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 44

Carolyn Maginnity 4. ROAD NAMING - 50 SUMMERHILL ROAD, VACY FOR CORNISH GROUP PTY LTD DA 56/2007, EF07/92

Précis:

Consideration of proposed road/street names in accordance with Council’s Street Naming Policy No C3:25.

**********

PROPOSAL

An application has been received for the naming of six (6) new roads to be constructed as part of a proposed Rural Lifestyle subdivision at 50 Summerhill Road, Vacy (DA 56/2007).

Condition 11 of Council’s consent for the subdivision requires the developer to submit for approval a list of preferred road/street names for each of the new roads to be created within the subdivision.

The developer has submitted the following list of road/street names for Council’s consideration:

1. MacKellar Drive (after Dorothea MacKellar) 2. Lawson Street (after Henry Lawson) 3. Gilmore Street (after Mary Gilmore) 4. Chisholm Close (after Caroline Chisholm) 5. Tebbutt Close (after John Tebbutt) 6. Paterson Avenue (after Banjo Paterson)

A map identifying the subject roads within the proposed subdivision is attached as Annexure ‘F’.

STATUTORY CONSIDERATIONS

publish notice of its proposal in a local newspaper; and serve notice of its proposal on Australia Post, the Registrar General and Surveyor General (through the Department of Lands).

If, after consideration, the authority decides to proceed with the proposed name, it must publish notice of the new name in the Government Gazette and in a local newspaper.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 45

COMMENT

Council has only granted development consent for Stages 1 to 3 of the proposed subdivision (40 lots). Further consent is required for the carrying out of Stage 4 of the proposed subdivision (9 lots) and will only be granted upon evidence being provided to Council of the construction and dedication of the access road through the adjoining land providing access to Stage 4. Accordingly, Council should not yet proceed with the naming of the cul-de-sac within Stage 4 (Paterson Avenue) until such time as that consent has been granted.

The remaining five (5) proposed street/road names are generally considered acceptable and comply with the naming guidelines contained in Council’s Street Naming Policy C3:25.

RECOMMENDATION

1. That Council endorse the proposed street/road names of MacKellar Drive, Lawson Street, Gilmore Street, Chisholm Close and Tebbutt Close and in accordance with Council’s Street Naming Policy No. C3:25, submit the proposed names to the Registrar General, Surveyor General and Australia Post for their concurrence;

2. That after receiving concurrence, Council advertise the proposed street/road names for a period of 28 days for public comment;

3. That should no objections be received, Council adopt the new street/road names and publish notice of the new names in the Government Gazette and in the local newspaper; and

4. That in the event objections are received and those objections cannot be satisfied, the matter be reported back to Council for consideration.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 46

5. DCP 1 – COUNT STREET DCP 171/53/16

Précis:

Reporting on proposed amendments to the Shire Wide Development Control Plan - Part C, Section 7, Count Street Paterson.

********

The Count Street, Paterson Development Control Plan (DCP) was prepared by a consultant in conjunction with the 25 lot subdivision off Count Street, Paterson. This DCP was adopted by Council in August 2007 and was prepared to provide guidance to people wishing to carry out development within the specified area.

In March 2010 Council approved a modification of consent to the original subdivision approval (DA 325/2003) which increased the number of allotments within stage 2 of the development.

The following condition of consent was placed on the approval:

All relevant sections of the Development Control Plan – Count Street Paterson Rural Residential Development (DCP) are to be amended to reflect the approved lot layout.

In particular the DCP shall include within sections 15 and 16(i) the provision for a “building area” of a maximum of 2500m2 on Lots 202 – 205, 207 – 210 and 212 – 215 inclusive. The DCP is to be adopted by Council prior to release of subdivision certificate.

Reason: To ensure purchasers of the land are aware of the restrictions on the property.

The Environmental Planning and Assessment Regulation states that Council may amend a development control plan (DCP) by a subsequent DCP. The applicant has now provided a draft DCP for the subject site and requests that Council facilitate its adoption.

A copy of the amended DCP is attached as Annexure ‘G’, with the proposed minor changes in red.

The draft DCP must be placed on public exhibition for at least 28 days. After consideration of any submissions received Council must give notice in the local newspaper of its decision within 28 days.

IMPLICATIONS

Financial

The developer is required to cover the cost to Council for processing and adopting the DCP.

Statutory

The draft DCP will be exhibited for a period of at least 28 days in accordance with the statutory requirements.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 47 Environmental

The DCP addresses a number of environmental issues arising from the subdivision.

Community/Consultative

The DCP will be publicly exhibited for community comment.

RECOMMENDATION

That Council resolve, pursuant to the provisions of the Environmental Planning and Assessment Act 1979 (as amended) to:

1. Amend Shire Wide Development Control Plan - Part C, Section 7, Count Street Paterson; and

2. Exhibit the Draft Shire Wide Development Control Plan - Part C, Section 7, Count Street Paterson for a period of 28 days.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 48

6. DCP 1 – CHAPTER 3 BUILDING LINE SETBACKS EF08/532

Précis:

Reporting on proposed amendments to the Shire Wide Development Control Plan - Part C, Section 3, Building Line Setbacks. ********

Council staff currently utilise the Building Line Setbacks DCP in the assessment of development applications. This amendment simply aims to add an additional zone to the existing DCP.

On 19 December 2008, the Dungog Local Environmental Plan (Amendment No 6) was gazetted. As part of this amendment, a new SI LEP zone was introduced, Environmental Living 7(l). This zone is not dissimilar to the Rural Lifestyle 1(l) zone however recognises the land may have more significant environmental attributes.

As the DCP was created prior to this zone being introduced, Environmental Living 7(l) is not referred to in the DCP. This amendment simply proposes to apply the same standards to the Environmental Living 7(l) zone as that of the Rural Lifestyle 1(l) zone in regards to building line setbacks.

A copy of the amended DCP is attached as Annexure ‘H’, with the proposed minor changes in red.

The draft DCP must be placed on public exhibition for at least 28 days. After consideration of any submissions received Council must give notice in the local newspaper of its decision within 28 days.

IMPLICATIONS

Statutory

The draft DCP will be exhibited for a period of at least 28 days in accordance with the statutory requirements.

Environmental

The DCP amendment raises no new or significant environmental issues.

Community/Consultative

The DCP will be publicly exhibited for community comment.

RECOMMENDATION

That Council resolve, pursuant to the provisions of the Environmental Planning and Assessment Act 1979 (as amended) to:

1. Amend the Shire Wide Development Control Plan - Part C, Section 3, Building Line Setbacks; and

2. Exhibit the Draft Development Control Plan - Part C, Section 3, Building Line Setbacks for a period of 28 days.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 49

Brent Mason 7. DCP 1 – PART C SECTION 20 OFF STREET PARKING EF08/532

Précis:

Reporting on proposed amendments to the Shire Wide Development Control Plan - Part C, Section 20, Off Street Parking ********

Council staff currently utilise the Off Street Parking DCP in the assessment of development applications. This amendment aims to update the DCP to incorporate a range of developments that were not previously included.

A copy of the amended DCP is attached as Annexure ‘I’.

The draft DCP must be placed on public exhibition for at least 28 days. After consideration of any submissions received Council must give notice in the local newspaper of its decision within 28 days.

IMPLICATIONS

Financial

There are no direct financial implications of this report.

Statutory

The draft DCP will be exhibited for a period of at least 28 days in accordance with the statutory requirements.

Environmental

The DCP amendment raises no new or significant environmental issues.

Community/Consultative

The DCP will be publicly exhibited for community comment.

RECOMMENDATION

That Council resolve, pursuant to the provisions of the Environmental Planning and Assessment Act 1979 (as amended) to:

1. Amend Shire Wide Development Control Plan - Part C, Section 20, Off Street Parking; and

2. Exhibit the Draft Development Control Plan - Part C, Section 20, Off Street Parking for a period of 28 days.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 50

Matthew Brown 8. PROPOSED AMENDMENT TO DUNGOG SHIRE COUNCIL DEVELOPMENT CONTROL PLAN – PART A – SECTION 2.6.5 EF08/532

Précis:

In response to a public submission, this report seeks Council’s support to amend the Dungog Shire Council Development Control Plan – Part A – section 2.6.5, to include wider neighbour notification provisions in the specific case of telecommunication towers.

**********

CONTEXT

As a result of a recent public submission (attached as a Confidential Annexure ‘B’) that believes Council’s notification procedures are insufficient, it was agreed by staff in principle to review this particular element of the notification policy.

It is to be noted however that staff do not concur with the comments in the submission that the current notification policy is not working effectively. The scenario that has triggered this review appears to have developed from a unique set of circumstances/timing and is certainly an isolated incident. However, in the interests of working with the submission maker on this matter at a strategic level, Council is amendable to reviewing its current position.

THE CURRENT APPROACH

The following property owners are neighbour notified under the current DCP provisions.

Council’s Development Control Plan (DCP) Part A, Section 2.6.5 states;

all persons who, according to Council property rating records, own land immediately adjoining and on the opposite side of the road or river; owners or occupiers of any land that the Council or delegated staff consider may be detrimentally affected by the application.

It is noted that the option to notify wider is purely subjective and discretionary, accordingly the DCP states; ‘Applications may be notified at the Council’s discretion at a higher level’.

DISCUSSION

It is difficult to impose a very direct and prescriptive notification distance on future telecommunication developments as they are often subject to many variables e.g. property size, topography, vegetation etc. Therefore, it is suggested that the current merits based and discretionary approach is highly suitable. However, a guidance note is recommended to be included in the DCP chapter that relates to telecommunication towers.

It is also to be noted with the State Government Draft Telecommunications Policy the likelihood of complying development telecommunications facilities (with no notification requirements) will increase.

SUGGESTED AMENDMENTS

The following is recommended to be inserted into the DCP chapter, section 2.6.5 page 2-4.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 51 “In respect to new developments for telecommunication towers, the assessment officer should strongly consider whether wider neighbour notification is appropriate. Depending on the specific circumstances, this could include neighbour notification up to a 300 metre radius from the development in question”.

IMPLICATIONS

Financial

Increased notification is likely to generate a minor increased use of Council resources. Such impact in this instance should be negligible.

Statutory

The notification guidance is derived from a Council DCP.

Environmental

There are no direct environmental impacts with the proposed additional information in the DCP notification chapter.

Community/Consultative

The insertion of the notation in the DCP, should encourage wider notification when appropriate and therefore increasing community awareness.

It is to be noted that neighbour notification is only part of Council’s notification process that also includes displays at public venues and media advertisements.

RECOMMENDATION

1. That the following be added to Dungog Shire Council Development Control Plan – Part A – section 2.6.5 – “In respect to new developments for telecommunication towers, the assessment officer should strongly consider whether wider neighbour notification is appropriate. Depending on the specific circumstances, this could include neighbour notification up to a 300 metre radius from the development in question”.

2. The proposed DCP amendment be advertised for a period of a month in accordance with the Environmental Planning and Assessment Act 1979.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 52

Matthew Brown 9. SECTION 94 PLAN UPDATE EF07/55

Précis:

This report seeks a formal resolution following the Councillor workshop on 29 June 2010.

**********

Further to the Councillor workshop conducted on 29 June 2010 this report seeks a resolution to formalise what appeared the general consensus of above mentioned workshop.

It is not the intent of this report to revisit the discussions of the workshop however, in summary, under the current guidelines and in the opinion of the author of this report, Council’s ability to create a direct section 94 plan is limited as a result of the following;

1. The absence of background studies/documents. In particular, a detailed, 5 years works plan with costings and designs for all infrastructure projects to be levied for.

2. The lack of an annual financial commitment in Council’s management plan to meet the non development demand of projects to compensate for collecting for the new population only (despite reasonable percentage growth estimated in some areas the actual number of the new population is quite small)

3. The exhaustive technical and administrative task required in creating and maintaining a direct section 94 plan.

It would appear, based upon the current guidelines and in line with Council’s level of available recourses and background documents; an indirect section 94 is best suited to the Dungog scenario. However, with an indirect plan as opposed to a direct plan the amount able to be collected is likely to be significantly less. It is to be noted even with an indirect (section 94A) plan a works plan is needed.

As Councillors would be aware in October 2009, the current plan was extended for 2 years by resolution of Council and was advertised and adopted accordingly. As the aims in the current plan have not been fully achieved, the plan unless superseded, is operational until 6 October 2011.

At the time of workshop, state government advice was that the new Part 5B of the Environmental Planning and Assessment Act 1979, would be effective from 1 July 2010. This would give Councils 18 months to repeal and update their current plans. However, in correspondence from the NSW Department of Planning received on 6 July 2010, this time frame has since been rescinded with no new schedule mentioned. It is assumed this is as a result of the wide spread local government opposition to the proposed development contributions reform.

Council must be proactive and ensure it is not placed in a scenario where the old plan is repealed before a new plan is adopted. Therefore, ideally planning staff preference is for the required resources to be dedicated to complete a direct section 94 plan as mentioned at the workshop.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 53

IMPLICATIONS

Financial

There are significant financial implications with section 94 in the future. As reported at the workshop, unless significant resources are dedicated to a direct plan by Council, it will have to be accepted that section 94 will not longer be a significant income stream for Council.

Statutory

Section 94 plans are an important mechanism within the Environmental Planning and Assessment Act 1979 for collecting monies for the wider public good.

Environmental

There are no direct environmental implications.

Community/Consultative

There are no direct community/consultative requirements at this stage.

RECOMMENDATION

As per the discussions at the Councillor section 94 plan workshop, Council staff not carry out any further work on the creation of a new section 94 plan until such time as the state government’s position is clarified and/or Council dedicates the resources required to complete the task.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 54

Matthew Brown 10. STRATEGIC PLANNING UPDATE EF08/226

Précis:

There are at present a number of strategic planning applications (rezonings or planning proposals) being processed. Refer to the summary and status included below.

**********

LOCAL ENVIRONMENTAL PLAN (LEP) AMENDMENT APPLICATIONS

Lot & DP Owner Consultant Proposal Status

Lot 1 DP 872717, No. P & S Graham P & S Graham Vacant Holding Waiting for rehabilitation 4397 Clarence Town plan from the applicant. Road, Dungog

Planning Proposal No 11 Breiner AcroPlan Vacant Holding Exhibition finished on 24 Lot 14 DP 29270 June 2010. No. 637 Bingleburra Road, Sugarloaf No submissions received. Hence sent back to DoP Lot 73 DP 619217 requesting plan be made. 86 Marshdale Road, Alison Robson Lot 14 DP 246524 637 Wallarobba Brookfield Road, Wallarobba

LEP Amendment No. 8

Lot 83 DP 752459 Winchester Winchester Vacant Holding Complete. No. 312 Hilldale Road, & Turnbull & Hilltop Hilldale Planners The PP was finalised / & Lot 6 DP 248699 published on the No. 22 Clements legislation website in Road, East Gresford June 2010.

Lot 1 DP 196871 No. P V Dillon Acroplan Vacant Holding Awaiting additional 3883 Clarence Town information. Road, Brookfield

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 55

Lot & DP Owner Consultant Proposal Status

LEP Amendment No. 9 & 10

Lot 1 DP 67312, No. C Perkins & L Hank Den- Schedule 4 The instruments have 1590 Fosterton Road, Summerhayes Ouden amendment been drafted by PC and Fosterton Council has confirmed the & Lot 100 DP draft documents achieve 1089164, No. 4426 the intent of the planning Clarence Town Road, proposal. Expecting the Wirragulla PP to be finalised / published on the legislation website soon.

PP No 9 – Finalised on 9 July 2010. Still waiting on an update re PP no 10.

PP No 12 Barrington Barrington Proposed Complete. Administrative Veterinary Veterinary Amendment to Amendment Group Group the The PP was finalised / . permissibility of published on the Dungog Shire ‘Veterinary legislation website in Council Establishments’ June 2010. in the Business 3(a) zone

Lot 1 DP 562046 Dungog Shire Dungog Shire Rezone Council commissioned a Council Council property from 3rd party planning Special Uses proposal to be drafted as 5(a) to Council is the land owner Employment and applicant. Gloucester 4(a). Shire Council has completed this assessment and we are just waiting on the contaminated lands report to be finalised before the PP is sent off to the GWD.

Planning Proposal No 14

Lot 1 DP 343072, 8 Webb AcroPlan Vacant Awaiting GWD Parkes Creek Rd, Holdings Bingleburra

Lot 72 DP 736606, Hudson, 1287 Bingleburra Burgess and Road, Bingleburra Ellicot

RECOMMENDATION

That the report be received and the information noted.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 56

Matthew Brown 11. NSW DEPARTMENT OF PLANNING – DOCUMENTS RECENTLY BEEN PLACED ON PUBLIC EXHIBITION EF08/172

Précis:

The intention of this report is to inform the Councillors and community of potential changes being made by the NSW Department of Planning.

**********

The following is a list of draft documents which have recently been released by the NSW Department of Planning for comment and/or have recently been adopted. The intent of this report is to keep Councillors and the community informed of the proposed changes and/or requirements that Council officers may be required to implement. It is not the intent to provide a complete summary of the documents, but instead to provide a point of reference to Councillors should they wish to undertake further research.

The documents themselves may be found on the Departments website (www.planning.nsw.gov.au).

1. 2011 Building Code of Australia – Public comment

The draft BCA 2011 is now available for public comment. The main changes include;

− Aligning the BCA with the Access Code in the Disability (Access to Premises — Buildings) Standards (known as the Premises Standards) under the Federal Disability Discrimination Act 1992. The Premises Standards, like BCA 2011 commence on 1 May 2011.

− Restructuring the fire hazard property provisions.

− New provisions to reduce slips, trips and falls in buildings.

− New provisions for private bushfire shelters for Class 1 buildings.

Comments can be made until 2 August 2010

2. BCA 2010 – Volume 2 – Application of Swimming Pool Barrier Provisions

The BCA 2010 (in effect from 1 May 2010), references the 2007 editions of AS 1926 Parts 1 and 2 (Swimming pool safety) and includes two new provisions to address safety issues identified with swimming pool barriers.

The new provisions:

− Exclude the use of child resistant doorsets in barriers to outdoor swimming pools; and

− Require a door opening to an indoor swimming pool to swing away from the pool area.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 57

3. Proposed Expansion to the NSW Housing Code The NSW Housing Code is a Statewide planning policy which allows homeowners to get approval for new homes, renovations or extensions within ten days.

The Department has released a discussion paper that proposes a number of amendments to the NSW Housing Code including:

− extending the existing code to lots at least 300 square metres in size (down from the current minimum size of 450 square metres) and a road frontage of at least 10 metres (down from 12 metres);

− developing a new part of the code which specifically applies to small lots at least 200 square metres in area and a frontage of between 6-10 metres;

− simplifying some existing development standards and allowing minor external alterations, such as enlarging windows and doors.

Comments were invited until 6 August 2010.

IMPLICATIONS

Financial

There are no direct financial implications.

Statutory

The relevant documents have been updated/created by DoP in accordance with the relevant statutory requirements.

Environmental

There are no direct environmental implications

Community/Consultative

It is the role of DoP to carry out consultation in regards to these amendments.

RECOMMENDATION

That the report be received and the information noted.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 58

Matthew Brown 12. LITIGATION REPORT EF08/227

Précis:

Reporting on Planning Legal Costs in relation to litigation matters.

********** IMPLICATIONS

Financial

Although the litigation report deals only with those matters which are or have been the subject of litigation action primarily through the Land & Environment Court, the source of funds for such action is the planning legal costs allocation within the Management Plan 2009- 2012.

The planning legal budget is $35,000 for the 2009/10 financial year and at the date of this report expenditure totalled $75,022.12 (including those items in the litigation report).

LITIGATION REPORT – CURRENT MATTERS AS AT 30 JUNE 2010

NAME MATTER DECISION CURRENT COSTS COSTS DESCRIPTION STATUS F/Y ENDING ACTUAL 2010 TO DATE PLANNERS COUNCIL REC. RESOLUTION BW & ET Unlawful Bottle N/A Information Finalised $13,954.15 $83,075.57 Clark Shop noted at (Sparke Helmore) February, $16,115.00 April, June (Patrick Larkin) 2009 Council meetings RailCorp Martins Creek Commence Commence Ongoing $43,680.53 $32,208.81 Quarry Class 4 Class 4 (HWL) Proceedings Proceedings $2,921.00 (Abbott Tout) $1,127.27 (Kehoe Legal) $18,687.50 (J.A. Ayling S.C.) Paid $57,634.68 Unpaid $ - Total $57,634.68

RECOMMENDATION

That the report be received and the information noted.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. E: 59

Matthew Brown 13. DEVELOPMENT APPLICATIONS - DELEGATED AUTHORITY EF08/228

Development Consent has been granted to the following development applications under delegated authority for the month of June 2010.

DA 201/05 Lot 1 DP 964046, 1286 Limeburners Creek Road, Clarence Town. (TPA 2346) 21 Lot Community Title Subdivision Modification. Approved subject to conditions 23 June 2010. DA 22/09 Lot 461 DP 708614, 689 Main Creek Road, Main Creek. (TPA 2889/01) Aquaculture Pond for Yabbies (staged). Stage One - Three (3) ponds one (1) effluent pond and one (1) non operational pond. Stage Two - Five (5) additional ponds. Partial approval subject to conditions 2 June 2010. DA 17/10 Lot 5 DP 614789, 101 Fords Road, Clarence Town. Two (2) Lot (TPA 3013/2) Subdivision. Approved subject to conditions 2 June 2010. DA 42/10 Lots 1 & 2 SP 80888, 1/119 & 2/119 Dowling Street, Dungog. (TPA 507) Signage. Approved subject to conditions 11 June 2010. DA 44/10 Lot 3 DP 7546, 83 Fosterton Road, Dungog. Additions to Existing (TPA 585) Dwelling. Approved subject to conditions 1 June 2010. DA 45/10 Lot 18 Sec 23 DP 758250, 65 Prince Street, Clarence Town. Double (TPA 100/3) Garage. Approved subject to conditions 2 June 2010. DA 47/10 Lot 22 DP 776533, 116 Lennoxton Road, Vacy. Farm Storage Shed. (TPA 2412/2) Approved subject to conditions 4 June 2010. DA 49/10 Lot 1 DP 719293, 37 Mary Street, Dungog. Screened Deck. (TPA 868) Approved subject to conditions 1 June 2010. DA 50/10 Lot 73 DP 262192, 36 Gaggin Street, Clarence Town. Shed. (TPA 3024/79) Approved subject to conditions 11 June 2010. DA 51/10 Lot 4 DP 37244, 874 Gresford Road, Vacy. Additions to Existing (TPA 2217) Dwelling. Approved subject to conditions 10 June 2010. DA 54/10 Lot 203 DP 875588, 261 Dungog Road, Martins Creek. Farm Shed. (TPA 1553/0751) Approved subject to conditions 16 June 2010. DA 55/10 Lot 30 DP 6253, 787 Alison Road, Alison. Dwelling - Brick Veneer. (TPA 2084/22) Approved subject to conditions 16 June 2010. DA 63/10 Lot 1 DP 588412, 10 Main Creek Road, Main Creek. Garage. (TPA 2639) Approved subject to conditions 28 June 2010. DA 69/10 Lot A DP 367386, 92 Abelard Street, Dungog. Additions to Existing (TPA 253) Dwelling. Approved subject to conditions 28 June 2010.

RECOMMENDATION

That the report be received and the information noted.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. F: 1 ENVIRONMENTAL SERVICES DEPARTMENT MANAGER'S REPORTS Damien Reeves 1. COUNCIL EFFLUENT DISPOSAL POLICY FOR UNSEWERED 2A AND VILLAGE PROPERTIES- 22 KING STREET PATERSON SA14/2010

Précis:

Requesting a variation to Council Policy February (2000) to allow a pumpout system for effluent disposal at 22 King Street Paterson based on site characteristics.

**********

COUNCILS POLICY FOR ON-SITE EFFLUENT DISPOSAL

Dungog Council at its ordinary meeting of the 15th of February 2000 adopted a policy for effluent disposal in Clarence Town, Paterson and Gresford. The policy is:

“Within the residential 2A planning zone on-site sewage management systems for new dwellings will be required to comply with AS 1547 (1994) with effluent quality meeting requirements referred to in Clause 2.62. However applicants are advised the property in the future will be required to either:-

- Connect to the sewerage scheme when available or

- Upgrade the system to meet the Environmental & Health Protection Guidelines (as amended) for On-site Sewage Management for Single Households following the registration and inspection of the on-site sewage management system (OSMS).”

This policy and requirements under the Williams River Regional Environment Plan were extended to the villages of Paterson, Gresford, Vacy and Martins Creek.

This policy has the effect that new residential development in Clarence Town 2A zone, and Paterson, Gresford, Vacy and Martins Creek must install an aerated or tertiary wastewater treatment system.

Variation from this policy requires a resolution of Council.

PROPERTY AT 22 KING STREET PATERSON

Council has received an application for approval to install a pump out septic system for a proposed dwelling at 22 King Street Paterson. The installation of this style system is not in accordance with Council’s policy (February 2000) to approve only Aerated Wastewater Treatment Systems in residential 2a areas of Clarence Town and in the villages of the Dungog Shire.

The site 22 King Street is a steeply sloped property of approximately 1400sq metres with the property located between the main road and the Paterson River. This site has very limited options for on-site effluent disposal due to:

• Area of property available after the dwelling is built, with an existing shed on site. • Proximity to the Paterson River (<100m). • Areas of site fall into the 1/100year and 1/20 year flood levels. • Slope of the property.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. F: 2

Considering the above mentioned site characteristics this report requests Council consider an exemption from compliance with the policy that requires Aerated Wastewater Treatment Systems and allow the installation of a pumpout system at 22 King Street Paterson.

If a pumpout system were approved conditions would be attached to the development requiring the installation of water saving devices and for the ongoing management and monitoring of the system through Councils Approval to Operate and Inspection Program.

IMPLICATIONS

Financial

There are no financial implications for Council to this report.

Statutory

There are no statutory implications to this report.

Environmental

Longer term operation of effluent pumpout systems will require monitoring by Council through the On-site Sewage Management Program and the provision of information to the landholder on water economy and operator responsibilities.

Community

There are no community implications to this report.

Consultative

Consultation has taken place with Council staff, owners of the property and Civcon Water Services.

RECOMMENDATION

That a pumpout wastewater management system is approved subject to conditions at 22 King Street Paterson

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. F: 3

Eric Pasenow 2. NOXIOUS WEEDS REPORT EF08/209

Précis:

Providing a summary of activities in the Noxious Weed Program for 2009/10 and reporting on activities for the period 3 May 2010 through to the 30 June 2010.

**********

PROPERTY INSPECTIONS

In the months of May through to the end of June property inspections were carried out predominantly for Green Cestrum and Giant Parramatta Grass on the Allyn River starting from the Forestry and working downstream towards East Gresford. A total of 89 property inspections were undertaken over this 2 month period. As part of these inspection program landholders are notified of their legal obligations to control declared noxious plants on their properties and provided with advice and printed information on control options. Management plans for control of noxious plants can be formulated with land managers and owners if required.

SPRAY OPERATIONS

Mother of millions & Green Cestrum

Mother of Millions, and Green Cestrum were treated with GRAZON DS in early June and over 30 sites were inspected and treated on roadside reserves where necessary, with good results.

Tiger Pear

Tiger Pear was treated with GARLON (Triclopyr) along Illa Langi Rd, Vacy & Fishers Hill Rd in late June with good results anticipated.

MEETINGS AND TRAINING

Normal monthly meetings of the Regional Weeds Management Technical Committee have been attended in this period at rotating local council venues. Dungog hosted the meeting on 9 June in the Council Chambers. On 23 June the Weed Officer attended a Workshop for the formulation of Maps of treatment priorities and vectors of spread.

COMMUNITY AWARENESS

Tocal Field Days

Tocal Field Days were held over 30 April and the 1 & 2 May 2010. As in previous years a marquee was set up with a weeds display and information stall manned by weeds officers from Maitland, Dungog, Cessnock, Newcastle, Lake Macquarie and Port Stephens council areas. Hundreds of enquiries were addressed and great interest was shown over the three days. The Hunter and Central Coast Weed Management Committee again won the Best Exhibit award, Land Management area. (Government Section 2010)

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. F: 4 SUMMARY OF NOXIOUS WEED INSPECTION PROGRAM FOR 2009 /10

Property inspections during the last financial were carried out in the following areas: Paterson River from Gresford to the junction at Vacy, South Eastern areas of the shire (Wallarobba and Clarence town areas re: Giant Parramatta Grass) and the Upper Allyn to Gresford catchment areas. A total of 355 property inspections were carried out for the year ending June 2010.

SUMMARY OF NOXIOUS & ENVIRONMENTAL WEED SPRAY PROGRAM FOR 2009 /10

Giant Parramatta Grass was treated with FLUFROPANATE in mid October and GLYPHOSATE 360 In Feb/ March. Approximately 65 kilometres of roadsides were treated with good results. Mother of millions, Blackberries and Green Cestrum were treated with GRAZON DS, over 40 sites were inspected and treated on roadside reserves where necessary with good results. Tiger Pear was treated with GARLON in late June in a few sites on roadsides in the south western side of shire.

Environmental weeds: Caster Oil, African Olive, Privet, Giant Reed and Coolatia grass have also been sprayed with GLYPHOSATE and or BRUSHOFF throughout the shire on roadside reserves.

HUNTER & CENTRAL COAST REGIONAL WEEDS ACTION PLAN

Councils Noxious Weed Operator and Manager of Environmental Services have contributed throughout the year to the development of the Hunter Central Coast Regional Weeds Strategy & Implementation Plan and the submission of a Weed Action Plan Regional Grant application. The regional Strategy will be provided for Council information when completed later this year.

IMPLICATIONS

Financial

The Noxious Weed budget for 2009/10 has been exceeded by approximately $2,500. This is largely due to a shortfall in treatment grant funding from the Department of Industry and Investment for this period. Council had applied for $5000 for 2009/10 on a dollar for dollar basis and received only $1000. Regardless of the amount of funding received in grants, Council is committed to spend its contribution nominated in the grant application.

Environmental

Noxious weeds can have a significant impact on our environment. An effective inspection and eradication program will maintain property owners’ awareness of noxious weeds and help reduce that impact. Council’s noxious weed operator in the report period inspected 130 individual properties. For the 2009/10 period a total of 355 inspections were completed.

Community

Communities benefit from effective noxious weed management through improvements in land productivity, amenity and local environment. Ongoing advice is provided through the inspection process.

Consultative

There is ongoing consultation with other Councils and authorities through regular regional meetings.

RECOMMENDATION

That the report be received and the information noted.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. F: 5

Terry Kavanagh 3. GLOUCESTER COAL SEAM GAS PROJECT EF08/542

Précis:

Reporting on the AGL Part 3A application to NSW Planning for the Gloucester Coal Gas Seam Project in particular the submission report in relation to the Environmental Assessment Report (EAR) ***********

ENVIRONMENTAL ASSESSMENT PROCESS

AGL have taken over the project formerly instigated by Lucas Energy and Molopo Australia Limited to seek approval for a coal gas seam project. This project includes the installation of 80 gas wells in the Gloucester area, a central processing facility and a high pressure pipeline to transport the gas 90 kilometres to link with the Queensland to Sydney gas pipeline at Hexham.

This project will be assessed and approved by the Minister and Department of Planning under Sec 3A of the Environmental Planning Act 1979.

An application was been lodged for an overall concept approval and concurrent project approvals for the three main project components; field development, pipeline corridor and processing facility. Each component will be addressed separately in the one Environmental Assessment Report (EAR).

The EAR was released in November 2009 for consideration and submissions from the various authorities and the public. Council staff made a comprehensive submission on the EAR and raised a number of areas of concern. In particular these related to:

1. The reliance by the proponent to leave much of the detail on impacts from the development and their mitigation to Environmental Management Plans (EMP) to be developed prior to commencement. 2. The lack of detail in relation to the establishment of a construction camp for 200-300 workers to be employed on the pipeline project for a 6 to 12 month period. 3. The lack of detail in relation to the impact on Council road and bridge infrastructure and the absence of a commitment to provide for road maintenance funding.

Councils submission can be accessed on the Council webpage.

In brief Council requested that: 1. Council be included in the development of EMPs particularly in relation to areas where it is the regulatory authority, such as Waste and Noxious Weeds. 2. That a Development Application be lodged for the establishment of the construction camp with the relevant Local Government Authority. 3. That NSW Planning require a Sec 94 contribution from AGL to meet the increased demand on infrastructure and services in the construction phase, in particular the decrease pavement life due to heavy loads over Council roads and bridges.

The submissions report was released in early June and failed to address any of the major concerns of Council. It specifically states that a DA for the construction camp will not be lodged and makes no commitment to SEC 94 payment.

The Director General’s Requirements (DGRs) were released in August 2008. The DGRs, EAR, Submissions Report and other correspondence in relation to this development are accessible on the NSW Planning website at Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. F: 6 http://www.planning.nsw.gov.au/asp/pdf/08_0154_gloucester_gas_project_application.pdf.

Council has submitted further comment on the submissions report to Planning NSW in relation to the inadequacy of AGL’s response.

AGL also continues with the Community Consultative Committee which held its first meeting in Gloucester on 26 September. Council’s Manager of Environmental Services and Councillor Peter Ainsworth are on this committee.

The committee held its last meeting in May. A copy of the minutes from this meeting are provided as Annexure ‘A’.

IMPLICATIONS

Financial

The project has an estimated cost of $200 million.

Statutory

As advised above the project will be assessed under Part 3A of the Environmental Planning and Assessment Act 1979 and the State Environmental Planning Policy (Major Projects) 2005.

Environmental

The main impact in our Council area will be through the proposed installation of the gas pipeline in the eastern part of the Shire, entering from the north in the Cambra area, along the western side of Glen Martin Road and into Port Stephens Local Government Area adjacent to East Seaham Road near Clarence Town. Approximately 23 kilometres of the 90 kilometre pipeline will be in the Dungog Shire.

The environmental implications of this project were considered in the Environmental Assessment Report.

Consultative and Community

As advised a community consultative committee has been established for the assessment and construction phase of the project. Community consultation has commenced through public meetings and individual contact by Lucas Energy and now by AGL with impacted property owners. Public information sessions were held in both Gloucester and Clarence Town within the submission period, following the release of the EAR.

RECOMMENDATION

That the report be received and the information noted.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. F: 7 Terry Kavanagh 4. CLARENCE TOWN SEWER EF08/25 & 376

Précis:

This report provides Councillors with an update on the provision of sewer in Clarence Town.

********** PROVISION OF SEWER IN CLARENCE TOWN

Dungog Shire Council has received correspondence and a Community Newsletter from Hunter Water Corporation (HWC) outlining the timeframe for provision of sewerage services to Clarence Town and community consultation in relation to this project. This correspondence and the newsletter are provided as Annexure ‘B’ to this report.

The project and connection to the mains will be managed by HWC. There will however be a significant amount of work and preparation required by council staff to assist in the changeover and to manage future development in this area. The management of wastewater systems, including redundant systems comes under the Local Government Act and Public Health Act. Future development will be managed by Council staff under the Environmental Planning and Assessment Act.

Properties within the village area of Clarence Town currently manage wastewater through a variety of septic systems and on-site disposal of effluent and 17 properties rely on chemical toilets through a contract managed by Council with On-Site Rentals.

All domestic sanitary drainage systems will be required to meet the relevant Australian Plumbing Standards to connect to sewer. Most premises that operate with an approved septic already meet this standard to the Point A and connection to the new mains will be relatively straight forward. Where properties use chemical toilets, the installation of flush toilets and the upgrade of bathroom, laundry and kitchen drainage will be required before connection.

The provision of sewer will also mean that existing transpiration and disposal areas will become redundant, allowing for further infill subdivision within the village area and infill development within existing backyards through future construction of swimming pools, sheds, house extensions and recreation areas.

Councillors considered a Local Orders Policy requiring connection to sewer at its last Ordinary Meeting in June. Other guidelines and policies will be provided in the coming months to ensure that Council processes in relation to the change from septic systems to sewer are consistent and made available to the public before the changeover commences. These policies and guidelines will include:

• Decommissioning of redundant septic tanks • Conversion of septic tanks to stormwater reuse systems • Development on land with septic tanks and disposal areas.

Council staff will also attend HWC Community information sessions and provide advice and assistance as required.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm. F: 8 IMPLICATIONS

Financial

There are significant financial cost for some premises to connect to sewer. Councils Local Orders Policy requiring connection to sewer if adopted will allow a period of up to 12 months for this process to be completed.

Environmental

Connection to the sewer when available will end the reliance of residents on on-site treatment and disposal of effluent. Off-site treatment and disposal in a single professionally maintained Sewage Treatment Plant should provide significant benefits to public and environmental health in the area.

Statutory

The statutory implications are as detailed in the body of the report. All policies will be prepared and provided for public consultation in accordance with Sec 159 and 160 of the Local Government Act 1993 and Clause 96 of the Local Government (General) Regulation 2005

Consultative

Policies will be advertised and submissions received in accordance with the Local Government Act 1993.

Community

The local and broader community will benefit from the availability of sewer in Clarence Town. The completion of this project should provide significant public and environmental benefits to the community

RECOMMENDATION

That the report be received and information noted.

Ordinary Meeting of the Council of the Shire of Dungog, to be held Tuesday 20 July 2010 commencing 6.00pm.