**PUBLIC COPY**
ORDINARY MEETING WEDNESDAY 18 MARCH 2020
PO BOX 156 MUDGEE NSW 2850
86 Market Street MUDGEE 109 Herbert Street GULGONG 77 Louee Street RYLSTONE
Ph: 1300 765 002 or (02) 6378 2850 Fax: (02) 6378 2815 Email: [email protected]
11 March 2020
Dear Councillor,
MEETING NOTICE Ordinary Meeting 18 MARCH 2020 Public Forum at 5:30pm Council Meeting commencing at conclusion of Public Forum
Notice is hereby given that the above meeting of Mid-Western Regional Council will be held in the Council Chambers, 86 Market Street, Mudgee at the time and date indicated above to deal with the business as listed on the Meeting Agenda.
Members of the public may speak at the Public Forum, which is held at 5:30PM immediately preceding the Council Meeting. Speakers are given five minutes to address items that are included in the agenda.
If you wish to register to speak at the Public Forum please contact the General Manager’s Office on 1300 765 002 or 02 6378 2850 by 4.00 pm on the day before the meeting for approval.
Yours faithfully
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 5
AGENDA
Item 1: Apologies...... 9
Item 2: Disclosure of Interest ...... 9
Item 3: Confirmation of Minutes ...... 9
3.1 Minutes of Ordinary Meeting held on 19 February 2020 ...... 9
Item 4: Matters in Progress ...... 10
Item 5: Mayoral Minute ...... 12
Nil
Item 6: Notices of Motion or Rescission...... 13
6.1 DA Application for a Used Vehicle Saleyard ...... 13
6.2 Cox Street Rail Crossing ...... 15
6.3 Financial Assistance to Bull-a-rama event 2020 ...... 16
6.4 Investigation of Garbage Collection Service at Queens Pinch Waste Transfer Station ...... 17
6.5 Code of Meeting Practice ...... 18
Item 7: Office of the General Manager ...... 20
7.1 Caretaker Period for the September Local Government Elections ...... 20
Item 8: Development ...... 22
8.1 MA0036/2020 - Modification to DA0102/2020 - Art Gallery and Tourist Information Centre - 90 Market Street, Mudgee ...... 22
8.2 DA0101/2020 - 23 Lot Residential Subdivision and Boundary Adjustment (3 Lots into 2), Bombira ...... 50
8.3 Draft Mid-Western Regional Local Strategic Planning Statement ...... 100
8.4 Monthly Development Applications Processing and Determined ...... 103
8.5 NSW Government - Bushfire Community Resilience & Economic Recovery Fund ...... 111
Item 9: Finance ...... 118
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 6
9.1 Bushfire Recovery - Budgetary Requirements and Financial Relief for Affected Residents - Updated Report to Council ...... 118
9.2 Mudgee Showground Loan Facility ...... 124
9.3 Request for public reserve naming in Rylstone ...... 127
9.4 Naming of new streets in a subdivision off Saleyards Lane, Mudgee ...... 133
9.5 Naming of new roads in a subdivision off George Campbell Drive in Eurunderee ...... 147
9.6 Supply and Delivery of Readymix Concrete - Contract Amendments ...... 156
9.7 Monthly Statement of Investment and Bank Balances as at 29 February 2020 ...... 160
9.8 Exemption from Tendering - Workshop Procurement, Automotive Original Equipment Manufacturer (OEM) or their approved Agents/Sub- Contractors ...... 166
9.9 Monthly Budget Review - February 2020 ...... 169
Item 10: Operations ...... 187
10.1 Wet & Dry Plant Hire 2021-20, Amendment ...... 187
10.2 Draft Mudgee Flood Study for public exhibition ...... 190
Item 11: Community ...... 193
11.1 Access to Information Policy Review and Agency Information Guide Update ...... 193
11.2 RFT 2019/42 Provision for Trade Services ...... 195
11.3 State Library Subsidy and Review Report ...... 203
11.4 Regent Theatre ...... 206
Item 12: Reports from Committees ...... 208
12.1 Heritage Committee Meeting Minutes 17 December 2019 ...... 208
12.2 Audit Risk and Improvement Committee Meeting 7 February 2020 ...... 213
12.3 Local Traffic Committee - February Meeting 2020 ...... 221
12.4 Youth Council ...... 233
12.5 Mid-Western Regional Access Committee ...... 239
12.6 Gulgong Sports Council Meeting Minutes 10 December 2019 & 10 February 2020 ...... 245
12.7 Cultural Development Committee ...... 250
Item 13: Urgent Business Without Notice ...... 256
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 7
Item 14: Confidential Session ...... 258
14.1 General Manager's Performance Agreement 2019-2020 : 6 Monthly Review ...... 263
14.2 Blacklead Lane Water Supply Issue ...... 277
14.3 Mudgee Health Precinct Master Plan Progress Update ...... 278
14.4 Sale of Council Property by Private Treaty ...... 282
Item 15: Urgent Confidential Business Without Notice ...... 285
Item 16: Open Council ...... 285
Item 17: Closure ...... 285
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 9
Item 1: Apologies
Item 2: Disclosure of Interest
In accordance with Section 451 of the Local Government Act 1993, Councillors should declare an interest in any item on this Agenda. If an interest is declared, Councillors should leave the Chambers prior to the commencement of discussion of the item.
Item 3: Confirmation of Minutes
3.1 Minutes of Ordinary Meeting held on 19 February 2020 Council Decision:
That the Minutes of the Ordinary Meeting held on 19 February 2020 be taken as read and confirmed.
The Minutes of the Ordinary Meeting are separately attached.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 10
Item 4: Matters in Progress
RESOLUTION SUBJECT RESOLUTION ACTION NO. & DATE Solar Energy Res. 127/17 That Council: Recommended for Options Ordinary Completion Meeting 2. endorse the strategy of installing 17/05/17 solar panels on appropriate Council buildings to reduce ongoing electricity costs and deliver this strategy for at least one further Council building during the 2017/18 financial year. Update on LEC Res. 390/17 That Council staff review the current To be reported to Matter Ordinary road standards for subdivisions and Council May 2020 MA0030/2017 Meeting that a report be brought back to 13/12/17 Council for considerations. DA0146/2018 Res. 310/19 That Council defer the matter until Recommended for Function Ordinary the December Council meeting to Completion Centre and Meeting enable: Business 16/10/19 Identification 1. further information on vehicle Signage access to be provided showing access into the site can be safely achieved in both directions; and 2. an independent noise assessment to be completed as per the objectors request. Draft Long Term Res. 316/19 That Council: Recommended for Financial Plan Ordinary 2. endorse the draft Long Term Completion 2019-2029 Meeting Financial Plan 2019/2029 to go 16/10/2019 on public exhibition for a period of 28 days, to inform the community on the full anticipated financial impact of the draft Delivery Program 2017/21 and Operational Plan 2019/20; and 3. request a report be returned to Council after the period of exhibition, with any changes recommended, through submissions received, for the Delivery Program 2017/21 and 2019/20 budget appropriately modelled in the revised Long Term Financial Plan 2019/29. Establishment Res. 323/19 That Council: In progress of a recycled Ordinary 2. seek Section 60 approval to use water facility Meeting recycled effluent and to formulate a and 16/10/2019 Recycled Water Management management System (RWMS) system 7. place the draft Recycled Water Management Policy on public exhibition for 28 days to receive any public submissions; 8. adopt the Recycled Water
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 11
RESOLUTION SUBJECT RESOLUTION ACTION NO. & DATE Management Policy if no submissions are received; and 9. place on public exhibition for 28 days, the following new Fees and Charges. If no submissions are received following public exhibition Council adopt the Fees and Charges below and include them in the Fees and Charges Schedule: 6.1 Recycled Water Usage Fee - $1.00/KL Indoor Res. 325/19 That Council: To be reported to Pool Feasibility Ordinary 4. request that a further report be Council at a future Study Meeting brought back to Council with an meeting 16/10/2019 option to develop an indoor swimming facility at a new location in Mudgee. Banner Poles Res. 308/19 That Council modify the banner poles In progress Gulgong Ordinary on the outskirts of Gulgong so that Meeting the banners are more stable and less 16/10/2019 likely to tear.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 12
Item 5: Mayoral Minute
Nil
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 6.1 13
Item 6: Notices of Motion or Rescission
6.1 DA Application for a Used Vehicle Saleyard
NOTICE OF MOTION LISTED BY CR RUSSELL HOLDEN TO 18 MARCH 2020 ORDINARY MEETING GOV400087, P0973111
MOTION
That Council:
1. formally require the owner of the lot on the South Eastern corner of Horatio and Lewis Streets Mudgee to complete a DA application for a Used Vehicle Saleyard; and
2. place restricted parking times within 100m of the property to prevent the sales spill over on Horatio and Lewis Streets.
Background
The property on the south eastern corner of Horatio and Lewis Streets, Mudgee has for years been the subject of a non-approved vehicles sales lot with vehicles over spilling down Horatio Street. Despite several approaches from Council staff, the owner of the property has failed to act on the concerns raised. Recently it has also hosted commercial signage on trailers including an illumined Bottle Shop signage.
The random vehicles for sale range from:
• Sedan & Station Wagons • Utes • Semi-trailer • Trucks • Mulcher units • Boats • Car and box trailers; which are regularly for sale on the site.
This property is an eyesore on the approach to Mudgee. Whilst the owner, in responding to Council staff enquiries, has insisted that they are not making any commercial reward for the operation, it is, never-the-less, operating as a Used Vehicle Lot without DA consent from Council.
There are a number of legitimate new and used vehicles sales lots along Sydney Road. All of these are professional, very well presented and appropriately DA approved by Council and they also pay the appropriate business rates for their legitimate operations. The owner of this property
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 14 REPORT 6.1
should be forced to comply with the same regulations to ensure a fair and equitable playing field for all businesses.
Officer’s comments
The subject land is SP3 Tourist. The use of the land for the purposes of Vehicle sales or hire premises is prohibited, under the Midwestern Regional Local Environmental Plan 2012 (LEP2012). Therefore the owner of the property cannot submit a DA for such a use.
Council has a draft compliance policy on public exhibition. Assessment of the matter against this policy, is likely to result in a search of Council information for matters relating to the issue including prior complaints and actions which may lead to inspecting the site to determine the numbers of cars being advertised for sale that are parked on the street. If it is found that the cluster of cars may be causing a hazard for road users the contact telephone numbers will be used to inform owners of the vehicles that Council has powers to order them to move on or to impose penalties.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 6.2 15
6.2 Cox Street Rail Crossing
NOTICE OF MOTION LISTED BY CR RUSSELL HOLDEN TO 18 MARCH 2020 ORDINARY MEETING GOV400087,
MOTION
Council re-open the crossing over the rail line on Cox Street.
Background
The advent of growth housing in Bellevue and Caerleon Estate, and increase in heavy trucks traversing from the mines and other commercial operations through Mudgee, utilising the Douro Street town bypass has placed considerable pressure on Douro Street around both the Horatio and Denison Street intersections, particularly at school times for both Mudgee Public and High Schools (8:30 – 9:30am and 2:30 – 3:30pm) and later at the end of business hours (4:30 – 5:30pm) Monday to Friday.
This additional traffic on the formal town bypass has caused both congestion and accidents. The re-opening of the crossing on Cox Street will allow local traffic that does not require access to Douro Street to bypass the area and lessen the impact of traffic on Douro Street both during the heavy load times Monday to Friday and other times like the sports rush to and from Glen Willow on Saturdays.
Cox Street was formally a crossing over the rail line, a line which is currently un-used due to weight and speed restriction and bridge damage between Mudgee and Rylstone. Cox Street is a very wide avenue and suitable for local traffic to bypass Douro Street as it has been in the past. It is acknowledged that some changes in give-way signage may be required on Denison, Gladstone and Mortimer Streets to facilitate smooth traffic flows.
Officer’s comments
The proposal to re-open Cox Street Rail Crossing from a traffic perspective is desirable rather than essential at this stage. Consultation with the rail authority and local residents is recommended and may prove difficult.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 16 REPORT 6.3
6.3 Financial Assistance to Bull-a-rama event 2020
NOTICE OF MOTION LISTED BY CR PETER SHELLEY TO 18 MARCH 2020 ORDINARY MEETING GOV400087, FIN300159
MOTION
That Council approves $2841.00 grant funding, to be funded from Community Grants, to the event Bull-A-Rama to be held on 12 April 2020 to cover Council hire fees.
Background
The purpose of this motion, and request, is to support this event. In our current climate and with recent devastating fires, this event, which in its second year, had to postpone due to the show grounds being used by the RFS in December. Additional costs were incurred and this grant funding for Council’s own fees would go a long way in assisting an event that will give people of our region a much-needed break from rebuilding.
Officer’s comments
Council supported this community event when it was first held in December 2018.
Council’s Community Grants are designed to cover requests for Financial Assistance from not-for- profit community groups. Rylstone Rodeo Co, a sub-committee of the Rylstone Kandos Show Society, meets the not-for-profit requirement. It is noted, however, that the Community Grants Policy provides a transparent and equitable process for the application of Community Grants. It is recommended that the Rylstone Rodeo Co complete an application for any future community grant requests, and meets the acquittal process required under the Policy, for this grant.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 6.4 17
6.4 Investigation of Garbage Collection Service at Queens Pinch Waste Transfer Station
NOTICE OF MOTION LISTED BY CR JOHN O'NEILL TO 18 MARCH 2020 ORDINARY MEETING GOV400087,
MOTION
Staff investigate the feasibility of replacing the Waste Transfer Station on Queens Pinch Road with a garbage collection service.
Background
The current situation is providing a dumping point for people who are not willing /able to/ too lazy to utilise the Mudgee Waste Transfer Station and creating an unsightly and potentially unhygienic place for residents along Queens Pinch Road.
Officer’s comments
The Queens Pinch waste transfer station services a large catchment in the Bocoble and Queens Pinch area.
Staff have undertaken similar investigations in the past. It is timely to revisit the issue with more up to date information and to investigate whether services can be further improved.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 18 REPORT 6.5
6.5 Code of Meeting Practice
NOTICE OF RESCISSION LISTED BY MAYOR DES KENNEDY, CR PETER SHELLEY AND CR JOHN O'NEILL TO 18 MARCH 2020 ORDINARY MEETING GOV400087, GOV400009
We, the undersigned Councillors, give notice of our intention that the resolution of the Council Meeting on 19 February 2020 in relation to:
Item 6.1 Code of Meeting Practice (Min 18/20) is hereby rescinded.
In the event that this Rescission Motion is carried, we propose to move the following motion:
That Council:
1. confirm that members of the public addressing Council during the Public Forum can speak on any subject matter, regardless of whether it is on the agenda or not;
2. propose to amend clause 4.7 of the section on Public Forums to read “No more than four (4) speakers are to be permitted to speak ‘for’ and ‘against’ each item of business”;
3. place the proposed changes to the Code of Meeting Practice on public exhibition for a period of 28 days, but allowing a period of at least 42 days during which submissions may be made to the Council, in accordance with s.361 of the Local Government Act 1993; and
4. receive a further report on the proposed changes to the Code of Meeting Practice following the exhibition period, including any submissions on the matter.
CR DES KENNEDY CR PETER SHELLEY
CR JOHN O'NEILL
Attachments: 1. Rescission Motion - Kennedy Shelley O'Neill.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 6.5 – ATTACHMENT 1 19
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 20 REPORT 7.1
Item 7: Office of the General Manager
7.1 Caretaker Period for the September Local Government Elections
REPORT BY THE MANAGER GOVERNANCE TO 18 MARCH 2020 ORDINARY MEETING GOV400087, GOV400077
RECOMMENDATION
That Council:
1. receive the report by the Manager Governance on the Caretaker Period for the September Local Government Elections;
2. note the requirement under the Local Government (General) Regulations 2005 Section 393B for a caretaker period prior to the Council elections on 12 September 2020;
3. write to the established Section 355 Committees advising that they will stand- down from the start of the caretaker period until the Committees have been reconstituted by Council;
4. reschedule the Ordinary Meeting of Council so that it will now be held on 12 August 2020.
Executive summary Clause 393B of the Local Government (General) Regulation 2005 limits Council’s ability to exercise some of their functions in the four weeks preceding the 12th September election.
Section 355 Committees established by the current Council should also be stood down by 15th August 2020 to enable the incoming Council to receive a report to establish the Section 355 Committees and Advisory Committees that they require.
Disclosure of Interest Nil
Detailed report The General Manager and any other delegate of the council must not exercise the following functions during the caretaker period: • Entering into any contract or undertaking involving expenditure or receipt by council of an amount equal to or greater than $180,000 (1% of the councils revenue from rates) • Determine a “controversial development application except where a failure to make such a determination would give rise to a deemed refusal, or such a deemed refusal arose before the commencement of the caretaker period;
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 7.1 21
• Appointing or reappointing the council’s General Manager (except for temporary appointments).
In certain circumstances, these functions may be exercised with the approval of the Minister.
Section 355 of the Act provides for council to establish committees to undertake functions of the council. It is appropriate for the incoming council to make informed decisions of the committees it requires.
Due to the Councillor Election, the September 2020 ordinary meeting cannot be conducted. Due to the caretaker period commencing 15th August the scheduled Council ordinary meeting for the 19th August is being brought forward to Wednesday 12th August 2020.
Community Plan implications Theme Good Governance Goal Strong civic leadership Strategy Provide accountable and transparent decision making for the community
Strategic implications Council Strategies Not applicable.
Council Policies Not applicable
Legislation Clause 393B Local Government (General) Regulation 2005
Financial implications Council, the General Manager and any other delegate of council will be limited to entering any new contracts over the limit of (about) $180,000, for both expenditure and receipts, in the 4-week caretaker period. Examples are new funding agreements, formal contracts or purchase orders where an existing contract is not in place. Council officers are planning ahead for any major contracts so that they are implemented before the caretaker period begins, if required.
Associated Risks This report addresses the risk of legislative noncompliance regarding the caretaker period commencing 15th August 2020.
TIM JOHNSTON SIMON JONES MANAGER GOVERNANCE DIRECTOR COMMUNITY
2 March 2020
Attachments: Nil
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 22 REPORT 8.1
Item 8: Development
8.1 MA0036/2020 - Modification to DA0102/2020 - Art Gallery and Tourist Information Centre - 90 Market Street, Mudgee
REPORT BY THE SENIOR TOWN PLANNER TO 18 MARCH 2020 ORDINARY MEETING GOV400087, DA0102/2020
RECOMMENDATION
That Council:
A. receive the report by the Senior Town Planner on the MA0036/2020 - Modification to DA0102/2020 - Art Gallery and Tourist Information Centre - 90 Market Street, Mudgee;
B. approve MA0036/2020 - Modification to DA0102/2020 - Art Gallery and Tourist Information Centre - 90 Market Street, Mudgee subject to the following conditions and statement of reasons (with amendments shown in red):
CONDITIONS OF CONSENT
PARAMETERS OF CONSENT
1. Development is to be carried out in accordance with the following plans endorsed with Council’s Stamp as well as the documentation listed below except as varied by the conditions herein.
Title/Name Drawing No/ Revision/ Dated Prepared by Document Ref Issue Architectural Plans Site Plan A010 - 3/10/19 BKA Architecture Ground Floor A50 - 3/10/19 BKA Demolition Plan Architecture Level 01 Floor A51 - 3/10/19 BKA Demolition Plan Architecture Ground Floor Plan A100 02 26/02/20 BKA Architecture Level 01 Floor Plan A101 02 26/02/20 BKA Architecture Ground Floor Plan A102 B 4/11/19 BKA 1:100 Architecture Elevation Sheet 01 A200 01 09/01/20 BKA Architecture Elevations Sheet 02 A201 01 09/01/20 BKA Architecture Elevations Sheet 03 A202 B 4/11/19 BKA
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.1 23
Architecture Elevations Sheet 03 A202 01 09/01/20 BKA Architecture Sections A300 01 09/01/20 BKA Architecture Boundary Wall Detail A454 A 10/02/20 BKA Architecture Mood Board A701 - 3/10/19 BKA Architecture Landscape Plans
Design Report and 02 B 02/10/19 MARA Landscape Design Consulting Pty Strategy Ltd Drawing and Plant 03 B 02/10/19 MARA Schedule Consulting Pty Ltd Landscape Plan 04 B 02/10/19 MARA Consulting Pty Ltd Landscape Plan 05 B 02/10/19 MARA Consulting Pty Ltd Landscape 06 B 02/10/19 MARA Elevations Consulting Pty Ltd Planting Palette 07 B 02/10/19 MARA Consulting Pty Ltd Stormwater Plans
General Arrangement C-0010 B 09/10/19 BG&E Plan Stormwater C-0300 B 09/10/19 BG&E Catchment Plan Raingarden/Detention C-0350 B 09/10/19 BG&E Basin Plan, Details and Sections Erosion & Sediment C-0700 B 09/10/19 BG&E Control Plan
The on-street car parking spaces shown in Drawing A010 are superseded by the on- street car parking spaces shown in other drawings.
MODIFIED BY MA0036/2020
2. This approval does not provide any indemnity to the owner or applicant under the Disability Discrimination Act 1992 with respect to the provision of access and facilities for people with disabilities.
3. This development consent does not include approval for any signage for the approved development. A separate Development Consent or Complying Development Certificate may be required for signage, if the signage is not exempt development.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 24 REPORT 8.1
4. This development consent includes approval for: a) The erection of a building and re-use of an existing building to be used as an information and education facility. b) The construction of 11 on-site car parking spaces. c) The construction of a 6m wide ingress/egress driveway. d) Connection of water, sewer and stormwater services to the development.
GENERAL
5. All building works, earthworks and pavement works must be carried out in accordance with the provisions of the National Construction Code, the Environmental Planning and Assessment Act 1979 and Regulations and all relevant Australian Standards.
6. The three peppercorn trees located along the Market Street frontage of the property are to be retained.
6A. The new fence on the Market Street frontage of the property is to be painted Dulux Basalt, or a similar colour. MODIFIED BY MA0036/2020
7. All demolition works are to be carried out in accordance with AS 2601-2001 “Demolition of structures”, with all waste being removed from the site. Hazardous waste such as asbestos cement sheeting etc., should be handled, conveyed and disposed of in accordance with guidelines and requirements from SafeWork NSW. Disposal of asbestos material at Council’s Waste Depot requires prior arrangement for immediate landfilling.
8. Notwithstanding the approved plans, the structure is to be located clear of any easements and/or 1.5 metres from any water and sewer mains in accordance with Council Policy.
9. Costs associated with all development works including any necessary alterations, relocations of services, public utility mains or installations must be met by the developer. The developer is responsible to accurately locate all existing services before any development works commence to satisfy this condition.
10. A sign must be displayed in a prominent position in the building stating the maximum number of persons, as specified in the development consent, that are permitted in the building for the use of the building as a function centre.
11. If the development involves an excavation that extends below the level of the base of the footings of a building, structure or work (including any structure or work within a road or rail corridor) on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:
a) protect and support the building, structure or work from possible damage from the excavation, and b) where necessary, underpin the building, structure or work to prevent any such damage.
Note - Prescribed condition pursuant to clause 98E of the Environmental Planning and Assessment Regulation 2000 and Council requirement to preserve the stability of adjoining roads/public places.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.1 25
12. Any damage which is caused to Council’s infrastructure as a result of the proposed development must be repaired immediately to Council’s satisfaction and at no cost to Council.
13. All trafficable pavements are to be constructed and sealed with an impervious surface, either bitumen or concrete, and maintained to the satisfaction of Council at all times.
14. A total of 11 car parking spaces are to be provided within the site of the development and comply with AS 2890.1: 2004 – Parking facilities – Part 1: Off-street car parking and the following requirements:
a) Each parking space is to have minimum dimensions of 5.5m x 2.4m; and b) All car parking spaces are to be line-marked and provided with a sealed concrete or bitumen surface and must be maintained in a satisfactory condition at all times.
Earthworks
15. Fill placed in residential or commercial lots shall be compacted in accordance with AS3798-2007 Guidelines on Earthworks for Commercial and Residential Developments.
16. The only waste derived fill material that may be received at the development site must be:
a) Virgin excavated natural material, within the meaning of the Protection of the Environment Operations Act 1997; and b) Any other waste-derived material the subject of a resource recovery exemption under cl.91 of the Protection of the Environment Operations (Waste) Regulation 2014 that is permitted to be used as fill material.
17. All earthworks, filling, building, driveways or other works are to be designed and constructed (including stormwater drainage if necessary) to ensure that at no time any ponding of stormwater occurs on the subject site or adjoining land as a result of this development. Design must also ensure that no diversion of runoff onto other adjacent properties occurs.
18. Site works and landscaping must be designed and constructed in such a manner as to have no negative effect on the cross sectional area at any point of the adjacent waterway/drainage feature.
PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE
The following conditions must be complied with prior to Council or an accredited Certifier issuing a Construction Certificate for the proposed building.
Building
19. Prior to release of the Construction Certificate, approval pursuant to Section 68 of the Local Government Act 1993 to carry out water supply, stormwater and sewerage works is to be obtained from Mid-Western Regional Council.
20. Pursuant to clause 94 of the Environmental Planning and Assessment Regulation
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 26 REPORT 8.1
2000, the existing building is to be brought into conformity with the following Performance Requirements of the Building Code of Australia – Volume 1:
a) DP2 – So that people can move safely to and within the building, it must have stairways with slip resistant walking surfaces and suitable handrails where necessary to assist and provide stability to people using the stairway.
b) EP4.1 – To facilitate safe evacuation in an emergency, the building must be provided with a system that ensures a level of visibility sufficient to enable exits, paths of travel to exits and any obstacles along a path of travel to an exit to be identified; and activates instantaneously upon the failure of an artificial lighting system, to the degree necessary, appropriate to the function or use of the building; and the floor area of the building; and the distance of travel to an exit.
Plans and specifications demonstrating compliance are to be submitted to and approved by the Certifying Authority prior to the issue of a Construction Certificate.
21. All building work is to comply with the requirements of the Disability (Access to Premises – Buildings) Standards 2010. Details demonstrating full compliance with the Standards, including continuous path of travel from the entrance to the property, are to be submitted and approved as part of any Construction Certificate.
22. The design, construction and fit out of any proposed kitchen, cool room/s and associated structures must be constructed in accordance with the relevant requirements of:
a) Food Act 2003; b) Food Regulation 2015; c) Food Standards Australia and New Zealand – Food Standards Code 2003; d) AS 4674-2004 for Design, Construction and Fit out of Food Premises; e) AS 1668.2-2012 – the use of ventilation and air conditioning in buildings; and f) The Building Code of Australia.
Full details are to be submitted for approval to the Certifier (i.e. Council or a private Certifier) prior to the issue of a Construction Certificate.
The information that will need to be submitted, includes, but is not limited to, the location of hand-basins, wash-up sinks, any exhaust hoods, floor finishes, wall finishes and ceiling finishes.
Heritage
23. A board with detailed samples of proposed colours and finishes is to be submitted to and approved by Council prior to the issue of a Construction Certificate.
24. A photographic archival record of the heritage item, prepared in accordance with the Heritage Council publication Photographic Recording of Heritage Items using Film or Digital Capture, including one bound copy, is to be submitted to and approved by Council prior to the issue of a Construction Certificate.
25. An interpretation plan for the item is to be prepared by a suitably qualified heritage consultant. The plan is to set out recommendations for introduced material and presentation of the fabric which will help to convey the heritage significance of the item to users and visitors. The plan is to be submitted to and approved by Council prior to the issue of a Construction Certificate.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.1 27
26. Prior to the issue of a Construction Certificate, details of the installation of the internal lift are to be submitted to and approved by Council. The details of the installation of the lift shall include the following matters:
a) Details of footings and connection to the existing ground level floor structure; b) Details of the connection to the upper level floor structure, following the creation of the hole through which the lift will be inserted; c) The lift overrun shall not penetrate the ceiling of the upper level; and d) The design and installation of the lift shall be carried out to minimise the removal of existing building fabric.
Note – structural engineer’s certification will be required to support the application for a Construction Certificate.
Engineering
27. Prior to the issue of a Construction Certificate, plans showing the levels and details of the car park and any footpath adjustments must be submitted to Council. These plans are to include details of proposed footpath regrading.
28. Prior to the issue of a Construction Certificate, detailed drainage design supported by full and detailed calculations and generally in accordance with the details and layout as provided with the application must be submitted to and approved by Council’s Manager Development Engineering.
29. Consent from Council must be obtained for all works within the road reserve pursuant to Section 138 of the Roads Act 1993, prior to the issue of a Construction Certificate.
30. Details of the internal driveway and car parking spaces are to be submitted to and approved by the Certifier (i.e. Council or a private Certifier), prior to the issue of a Construction Certificate. These details shall comply with the requirements of AS/NZS 2890.1:2004 – Parking Facilities – Part 1: Off-street Car Parking and the relevant conditions of this development consent.
Contributions and Levies
31. Prior to the issue of a Construction Certificate, the developer shall pay a long service levy at the prescribed rate to either the Long Service Levy Corporation or Council, for any work costing $25,000 or more.
Note - The amount payable is currently based on 0.35% of the cost of work. This is a State Government Levy and is subject to change.
Note – Council can only accept payment of the Long Service Levy as part of the fees for a Construction Certificate application lodged with Council. If the Construction Certificate is to be issued by a Private Certifier, the long service levy must be paid directly to the Long Service Levy Corporation or paid to the Private Certifier.
32. Prior to the issue of a Construction Certificate, the developer shall obtain a Certificate of Compliance under the Water Management Act 2000, from Council.
Note – Refer to Advisory Notes in relation to the payment of contributions to obtain a Certificate of Compliance.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 28 REPORT 8.1
Trade Waste
33. A Construction Certificate for the approved use is not to be issued until any necessary approvals under Section 68 of the Local Government Act 1993 to dispose of waste into a sewer of the council (eg liquid trade waste) have been obtained.
PRIOR TO THE COMMENCEMENT OF WORKS
34. No work shall commence until a Construction Certificate has been issued and the applicant has notified Council of:
a) the appointment of a Principal Certifying Authority; and b) the date on which work will commence.
Such notice shall include details of the Principal Certifying Authority and must be submitted to Council at least two (2) days before work commences.
35. The site shall be provided with a waste enclosure (minimum1800mm X 1800mm X 1200mm) that has a lid or secure covering for the duration of the construction works to ensure that all wastes are contained on the site. The receptacle is to be emptied periodically to reduce the potential for rubbish to leave the site. Council encourages the separation and recycling of suitable materials. NOTE: ALL WASTE GENERATED FROM THE CONSTRUCTION PROCESS IS TO BE CONTAINED ON-SITE PRIOR TO SUBSEQUENT DISPOSAL AT AN APPROVED WASTE DISPOSAL FACILITY.
36. Sediment erosion controls shall be installed within the development site, to the satisfaction of the Certifier (i.e. Council or the Principal Certifier), prior to the commencement of works.
37. A sign must be erected in a prominent position on any work site on which the erection or demolition of a building is carried out:
a) stating that unauthorised entry to the work site is prohibited; b) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours; c) the name, address and telephone number of the Principal Certifying Authority for the work; and d) the sign shall be removed when the erection or demolition of the building has been completed.
38. If the work involved in the erection/demolition of the building:
a) Is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient; or b) Building involves the enclosure of a public place; then
A hoarding or fence must be erected between the work site and the public place. If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. Any such hoarding, fence or awning is to be removed when the work has been completed.
DURING CONSTRUCTION
39. All plumbing and drainage work must be carried out by a licensed plumber and
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.1 29
drainer and must comply with the Plumbing Code of Australia.
40. All mandatory inspections required by the Environmental Planning and Assessment Act 1979 and any other inspections deemed necessary by the Principal Certifying Authority are to be notified by the developer (providing no less than 24 hours’ notice) and carried out during the relevant stage of construction.
41. Construction work noise that is audible at other premises is to be restricted to the following times:
a) Monday to Saturday - 7.00am to 5.00pm b) No construction work noise is permitted on Sundays or Public Holidays.
42. The strength of the concrete used for the reinforced concrete floor slab must be a minimum 25Mpa.
43. The list of measures contained in the schedule attached to the Construction Certificate are required to be installed in the building or on the land to ensure the safety of persons in the event of fire in accordance with Clause 168 of the Environmental Planning and Assessment Regulation 2000.
44. The development site is to be managed for the entirety of work in the following manner:
a) Erosion and sediment controls are to be implemented to prevent sediment from leaving the site. The controls are to be maintained until the development is complete and the site stabilised with permanent vegetation; b) Appropriate dust control measures; c) Construction equipment and materials shall be contained wholly within the site unless approval to use the road reserve has been obtained; and d) Toilet facilities are to be provided on the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.
45. All public footways, foot paving, kerbs, gutters and road pavement damaged during the works are to be restored to match existing conditions at the developer’s/demolisher’s expense.
46. A temporary construction fence is to be provided 2m off the drainage channel, for the duration of the construction phase of the main building. The fencing may be removed when the building is nearing completion to permit landscaping work and construction of the rain garden which is to be located adjacent to the stormwater channel.
47. In the event of any Aboriginal archaeological material being discovered during earthmoving/construction works, all work in that area shall cease immediately and the Office of Environment and Heritage (OEH) notified of the discovery as soon as practicable. Work shall only recommence upon the authorisation of the OEH.
48. If historical archaeological remains are found during works, works should immediately cease and the Heritage Branch of the Office of Environment and Heritage should be contacted for further advice, as required under Section 139 of the Heritage Act 1977.
PRIOR TO ISSUE OF THE OCCUPATION CERTIFICATE
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 30 REPORT 8.1
The following conditions are to be completed prior to occupation of the building and are provided to ensure that the development is consistent with the provisions of the Building Code of Australia and the relevant development consent.
49. Prior to the occupation of a new building, or occupation or use of an altered portion of, or an extension to an existing building, an Occupation Certificate is to be obtained from the Principal Certifying Authority appointed for the erection of the building.
50. Prior to the issue of an Occupation Certificate, the following works in relation to access, car parking and associated manoeuvring areas are to be completed:
a) Internal car parking spaces and associated manoeuvring areas are to be provided with an all-weather sealed surface. b) The car parking area must be set out and clearly delineated in accordance with the requirements of AS 2890.1:2004 Parking Facilities Part 1: Off-street Car Parking. c) Physical measures, such as wheel stops, shall be provided to ensure parked vehicles do not overhang and obstruct internal footpaths.
51. Prior to the commencement of use or issue of an Occupation Certificate, the developer must install signage (external and internal) to indicate direction of traffic flow and the entry and exit points. Signage must be provided in accordance with the standards and requirements set out in AS 1742.1 – 2014 Manual of uniform traffic control devices Part 1: General introduction and index of signs.
52. Prior to the commencement of use or the issue of an Occupation Certificate, the developer must construct all stormwater drainage and the proposed detention tank in accordance with the details as shown on the approved drainage plans, showing detention of stormwater runoff.
53. Prior to occupation or the issue of the Occupation Certificate the owner of the building must cause the Principal Certifying Authority to be given a fire safety certificate in accordance with Clause 153 of the Environmental Planning and Assessment Regulation 2000 for each measure listed in the schedule. The certificate must only be in the form specified by Clause 174 of the Regulation. A copy of the certificate is to be given to the Commissioner of the Fire and Rescue NSW and a copy is to be prominently displayed in the building.
54. Prior to the issue of an Occupation Certificate, the external finishes of the development must be completed and matching to the approved sample board of colours and finishes.
55. The approved heritage interpretation plan is to be implemented to the satisfaction of Council’s Heritage Advisor, prior to the issue of an Occupation Certificate.
56. The work listed in the Heritage Asset Conservation Plan, prepared by Urbis Pty Ltd, dated October 2013, Part 4: Capital Works, Table 2, is to be completed to the satisfaction of the Principal Certifying Authority prior to the issue of an Occupation Certificate.
57. Prior to the issue of an Occupation Certificate, for any buildings on site, the building is to be connected to reticulated water supply, stormwater and sewerage in accordance with the relevant section 68 approval/s.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.1 31
58. All plants shown on the approved landscape plan/s are to be planted and all hard landscaping (eg rocks, retaining walls, solid garden bed edging) is to be installed prior to occupation of the development and/or commencement of the use.
59. Rainwater tanks with a minimum combined capacity of 10 kL, or as otherwise approved by the detailed stormwater management plan required by a condition of this consent, are to be installed prior to the issue of an Occupation Certificate.
60. Prior to use of the development and/or issue of an Occupation Certificate, all works included in any Trade Waste Approval are to be completed.
OPERATIONAL/ ONGOING CONDITIONS
61. For every 12 month period after the issue of the Final Fire Safety Certificate the owner/agent of the building must provide the Council and the Commissioner of NSW Fire Brigades with a copy of an Annual Fire Safety Statement certifying that each specified fire safety measure is capable of performing to its specification.
62. Where any essential services are installed in the building a copy of the final Fire Safety Certificate (together with a copy of the current fire safety schedule) is to be given to the Commissioner of Fire and Rescue NSW. A further copy of the Certificate (together with a copy of the current fire safety schedule) is to be prominently displayed in the building.
63. The hours of operation of the development are limited to 8am to 10pm, 7 days per week.
64. All vehicles are required to enter and leave the site in a forward direction at all times.
65. All line-marking for the on-site car parking spaces and footpath areas are to be maintained in a visible condition, at all times.
66. All loading and unloading in connection with the premises shall be carried out wholly within the site and at the approved loading dock.
67. All car parking spaces, loading and unloading areas, vehicle manoeuvring and driveway areas must not be used for the storage of any goods or materials and must be available for their intended use at all times.
68. All exterior lighting associated with the development shall be designed and installed so that no obtrusive light will be cast onto any adjoining property or roadways, in accordance with Australian Standard 4282 “Control of the Obtrusive Effects of Outdoor Lighting”.
69. Garbage storage areas are to be adequately screened from public view.
70. No display or sale of goods is to take place from public areas or footpaths fronting the premises.
71. The development is to be maintained in a clean and tidy manner, at all times.
72. The café is to be registered with Council as a Class 3 - Food Premises. The premises will be subject to inspections by Council for which a fee will be payable. The application form (Food Registration Form) and further information is available on Council’s website www.midwestern.nsw.gov.au.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 32 REPORT 8.1
73. The premises shall, at all times, be operated and maintained in accordance with Food Safety Standards 3.1.1, 3.2.2 and 3.2.3 prescribed in chapter 3 of the Australia and New Zealand Food Standards Code.
REASONS FOR DECISION
1. The proposed development complies with the requirements of the applicable environmental planning instruments and Mid-Western Regional Development Control Plan 2013.
2. The proposed development is considered satisfactory in terms of the matters identified in Section 4.15 of the Environmental Planning and Assessment Act 1979.
3. There is sufficient justification for the proposal’s variation from the maximum height limit requirement contained in Mid-Western Regional Local Environmental Plan 2012.
4. The proposed development satisfactorily addresses the issues raised in objections received in response to public notification of the development, as follows:
a) The proposed development will not have an adverse impact on heritage character or aesthetic impact, subject to conditions. b) The loss of some large trees within the grounds will not have a significant impact on the streetscape and the heritage conservation area.
5. The proposed modification is considered to result in minimal environmental impact and is substantially the same development as the originally approved development – thereby satisfying the requirements of Section 4.55 (1A) (a) and (b) of the Environmental Planning and Assessment Act 1979. ADDED BY MA0036/2020
ADVISORY NOTES
1 The removal of trees within any road reserve requires the separate approval of Council in accordance with the policy “Tree Removal and Pruning – Public Places”.
2 The land upon which the subject building is to be constructed may be affected by restrictive covenants. This approval is issued without enquiry by Council as to whether any restrictive covenant affecting the land would be breached by the construction of the building, the subject of this approval. Persons to whom this approval is issued must rely on their own enquiries as to whether or not the building breaches any such covenant.
3 Sections 8.2, 8.3, 8.4 and 8.5 of the Environmental Planning and Assessment Act 1979 (EP&A Act) gives you the ability to seek a review of the determination. This request is made to Council and must be made within 6 months after the date on which you receive this notice. The request must be made in writing and lodged with the required fee; please contact Council’s Planning and Development Department for more information or advice.
4 If you are dissatisfied with this decision Sections 8.7 and 8.10 of the EP&A Act 1979 gives you the right to appeal to the Land and Environment Court within 6 months after the date on which you receive this notice.
5 To ascertain the date upon which the consent becomes effective, refer to Sections
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.1 33
4.20 and 8.13 of the EP&A Act.
6 To ascertain the extent to which the consent is liable to lapse, refer to Section 4.53 of the EP&A Act.
7 This development consent requires a Certificate of Compliance under the Water Management Act 2000 to be obtained prior to the issue of a Construction Certificate.
A person may apply to Mid-Western Regional Council, as the water supply authority, for a Certificate of Compliance pursuant to section 305 of the Water Management Act 2000.
Please be advised that as a precondition to the granting of a Compliance Certificate:
a) A monetary contribution in accordance with the following Schedule of Contributions must be paid in full (including indexation, where applicable).
Section 64 Contributions The rates shown below are current up to 30 June 2020 12 Additional Lots (3 credits for existing lots) ET/Unit Value Total
Water Headworks 0.716 $8,548.00 $6,120.37 Sewer Headworks 0.716 $3,903.00 $2,794.55
Total Headworks $8,914.92
Note - Section 64 Developer Contributions are subject to Consumer Price Index increase at 1 July each year. Please contact Council’s Planning and Development Department regarding any adjustments. MODIFIED BY MA0036/2020
Executive summary
OWNER/S Mid-Western Regional Council APPLICANT: Mid-Western Regional Council PROPERTY DESCRIPTION 90 Market Street, Mudgee (Lot 113 DP48439) PROPOSED DEVELOPMENT Modification to Art Gallery and Tourist Information Centre ESTIMATED COST OF DEVELOPMENT: Not applicable REASON FOR REPORTING TO COUNCIL: Application seeks to modify a development consent that was originally determined by Council. PUBLIC SUBMISSIONS: Nil
Council approved an Art Gallery and Tourist Information Centre at 90 Market Street, Mudgee at the Ordinary Meeting held on 11 December 2019. A modification of consent application under Section 4.55(1A) of the Environmental Planning and Assessment Act 1979 was lodged with Council on 10 January 2020. The proposed modification seeks minor changes to the new art gallery building addition and removal of five (5) additional trees from the site. Changes are required to Condition 1 to refer to the amended plans submitted as part of the modification of consent application.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 34 REPORT 8.1
The modification of consent application has been placed on public exhibition, being and advertisement in the paper and letters to adjoining owners, in accordance with Council’s Community Participation Plan 2019. The exhibition period ended on 31 January 2020 and no submissions were received.
New modification plans were submitted to Council on 27 February 2020. The additional modifications shown on these plans include paving to the forecourt area, changes to disabled parking spaces within the street, removal of one street tree and replacement of the fencing along the Market Street frontage of the property. Re-notification of these most recent plans was not undertaken as it was considered that the proposed changes will have the same or lesser impact to the amenity of the adjoining property as the original application. The decision not to re-notify is in line with Council’s Community Participation Plan 2019.
As the modification of consent application seeks to modify a development consent that was originally determined by Council, the application cannot be determined by delegated staff – Council is required to determine the application.
The proposed modification is recommended for approval.
Disclosure of Interest
Council is the owner and developer of the land subject to this report.
Detailed report
Original Approval
The original development consent, approved on 11 December 2019, was for an art gallery, tourist information centre and café. The approved development retained the former Cudgegong Council Chambers building and repurposed this building for offices associated with the art gallery and tourist information centre. A modern addition was approved to the rear of the existing building, to house the art gallery, tourist information centre and café components of the use.
Proposed Modification
This application to modify the development consent was submitted to Council on 10 January 2020.
The proposed modification seeks the following modifications to the approved development:
(i) Increase the gallery floor space and reduce the corresponding terrace floor space. The roof is to be extended over the terrace. The approved hinged glass doors from the gallery to the terrace are to be replaced with fixed glass. A new service door between the tourist information centre space will be added to provide access to the terrace. This modification will result in a slight increase to the gross floor area of the art gallery.
(ii) The addition of a 900mm wide external awning to the Douro Street frontage of the café.
(iii) Removal of an additional five (5) trees near the proposed car park at the northern end of the site.
(iv) Revision of the profile of the skylights. This revision will result in 4 of the 6 proposed skylights exceeding the 8.5m building height limit.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.1 35
(v) The addition of a bin enclosure structure near the rear loading dock of the approved building addition.
(vi) Relocation of a window in the maintenance and storage area.
(vii) Addition of a window to the general store.
(viii) Screening of the services plant area, located to the rear of the building near the loading dock.
(ix) Relocation of on-street accessible parking further west on Market Street, addition of raised plinth and 1:20 ramps, and removal of one (1) street tree.
(x) Addition of paved surface to building entry on Market Street and new fence to Market Street boundary.
The location of the proposed modifications are detailed on the modified plans included in the attachment.
The application seeks to amend Condition 1, which refers to the approved plans, to reflect the proposed modifications.
REQUIREMENTS OF REGULATIONS AND POLICIES
Section 4.55 Modification Legislation
Minimal Environmental Impact
The Modification Application is made pursuant to Section 4.55(1A) of the Environmental Planning and Assessment Act 1979. Section 4.55(1A) of the Environmental Planning and Assessment Act 1979 pertains to modifications to a Development Consent that are of minimal environmental impact. It is considered that the proposed modification will have ‘minimal environmental impact’ compared to the originally approved proposal, as the modifications are minor and relate to the new building addition, forecourt area and street paving and parking only. No further changes are proposed to the former Cudgegong Council Chambers building, which is a heritage item.
Substantially the Same Development
The modification is considered to result in substantially the same development as that for which consent was originally granted. The proposed modifications to the building additions do not significantly alter the appearance of the building as viewed from the street frontages. The removal of five (5) additional trees from the site and one street tree is required to accommodate the approved access and car parking spaces. The replacement of the front boundary fencing is considered to be a minor change.
Consultation
Consultation with the relevant Minister, public authority or approval body with regard to a condition applied as a result of concurrence or with general terms of approval is required by the legislation. The original development consent is not integrated development, and no such consultation is required for this modification.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 36 REPORT 8.1
Notification and Submissions
The application was advertised and notified in accordance with the provisions of Council’s Community Participation Plan 2019, with the submission period ending on 31 January 2020. No submissions were received.
MATTERS FOR CONSIDERATION
The consent authority is required to consider the relevant matters outlined in Section 4.15 of the Environmental Planning and Assessment Act 1979.
As the proposed modification does not seek any major changes to the approved development, the majority of the matters for consideration under Section 4.15 are not relevant. The relevant considerations are summarised as follows:
a) The provisions of any environment planning instruments.
Mid-Western Regional Local Environmental Plan 2012 (MWRLEP 2012)
The proposed modification does not alter the proposal’s compliance with the majority of relevant development standards contained in MWRLEP 2012.
4.3 Height of Buildings
The maximum building height allowed on the site is 8.5m. The existing building has a height of 11m. The new building addition has a predominant roof height of 8.5m.
The approved building addition included a total of 5 skylights that sat above the main roofline. Three of these skylights exceeded the 8.5m height limit, with the height of these three skylights being 9.1m, 9.1m and 9.5m.
The proposed modified plans show a total of 6 skylights that sit above the main roofline. Four of these skylights exceed the 8.5m height limit, with the height of these four skylights being 9.1m, 9.1m, 9.5m and 9.5m. The modification of consent application includes a request to vary from the height limit development standard. This variation request is discussed in clause 4.6 below.
4.6 Exceptions to Development Standards
The proposed modified skylights on the roof of the new building addition exceed the height limit standard required by Clause 4.3 of the LEP. Two of the elevated skylights sit at a height of 9.1m and another two skylights sit at a height of 9.5m, exceeding the height standard by 0.6m (7%) and 1m (11.7%) respectively.
The application includes a written request to vary from the development standard, including necessary justification for the variation.
Council needs to be satisfied of the following matters when considering a variation to development standards:
a) That compliance with the development standard is unreasonable or unnecessary in the circumstances of the case;
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.1 37
Compliance with the development standard is considered to be unreasonable and unnecessary for the following reasons: • The existing building has a height of 11.5m, which is 3.0m higher than the development standard; • The roofline of the proposed building, including the skylights, will sit well below the roofline of the existing building; • The proposed height of the new building will not be out of character within the context of the site and the surrounding development; • The main roof of the proposed additions will be consistent with the 8.5m height limit, with the exception of the four skylights. The skylights form only a small percentage of the proposed roofing; and • The height of the proposed skylights provide a height transition between the proposed building additions and the existing building.
b) That there are sufficient environmental planning grounds to justify contravening the development standard; and
It is considered that the following environmental planning grounds justify contravening the development standard: • The height variation of the skylights does not compromise the environment; • The proposed skylights do not have an adverse impact on the character of the heritage item on site or neighbouring heritage items; • The proposed skylights are set well back from the property frontages and do not have an adverse impact on the streetscape character of the Heritage Conservation Area; and • The proposed skylights provide an architectural feature to the building. A reduction in the height of the skylights would result in a poorer outcome.
c) The proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out.
The objectives of the development standard set out clause 4.3(1) are as follows:
(a) To establish a maximum building height limit to which buildings can be designed in particular locations, (b) To enable infill development that is if similar height to existing buildings and that is consistent with the heritage character of towns of Mudgee, Gulgong, Kandos and Rylstone.
It is considered that the proposed development will be in the public interest for the following reasons: • The vast majority of the main roof of the proposed addition complies with the required 8.5m height limit; • The skylights that exceed the height limit form only a minor proportion of roof elements in the proposed addition; • The building addition is lower in height than the existing building and is consistent with the heritage character of Mudgee; and • The proposed development satisfies the zone objective of providing for the day to day needs of residents.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 38 REPORT 8.1
5.10 Heritage Conservation
In accordance with Clause 5.10(4), Council is required to consider the effect of the proposed development on heritage significance.
The proposed modifications to the approved building additions are minor in nature and will not have an impact on the heritage significance of the heritage item on the site. It is noted that no modifications are proposed directly to the Cudgegong Council Chambers building on the site.
The proposed modification seeks to replace the fencing along the Market Street frontage of the property. The proposed fencing will have a height of 1050mm and will be constructed of metal slats. The fence will be painted Dulux Basalt, a dark grey colour, that will help the fence blend into the streetscape.
The proposed removal of trees near the carpark will not have a significant impact on the character of the Heritage Conservation Area.
Council’s Heritage Advisor has stated he has no objection to the proposed modifications.
It is considered that the proposed modifications will not have an adverse impact on the heritage significance of the former Cudgegong Council Chambers and the Heritage Conservation Area.
State Environmental Planning Policies (SEPP’s)
The proposed modification does not alter the proposal’s compliance with the relevant development standards contained in the applicable SEPP’s.
Draft Environmental Planning Instruments
Not applicable.
b) The provisions of any development control plan or Council policy.
Mid-Western Regional Development Control Plan 2013
The proposed modification does not alter the proposal’s compliance with all the relevant requirements of the Mid-Western Regional Development Control Plan 2013.
Council Policies
Council Policy – Access to Property Policy applies to the driveway crossovers required for the development. The proposed modification does not change these aspects of the approved development.
Contributions
The proposed modifications do not trigger any changes to the applied Section 64 Water and Sewer Headworks contributions.
c) The provisions of any planning agreement.
Not applicable.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.1 39
d) The regulations.
The proposed modification does not alter the conditions prescribed by the regulations that were applied to the original approval.
e) The likely impacts of development.
Context and Setting & Site Design and Internal Design
The proposed modified plans are appropriate with regards to the surrounding context and setting.
Heritage
The proposed modified plans do not have a significant impact on the heritage significance of the former Cudgegong Council Chambers. The modifications to the building addition at the rear are minor in nature and are not significantly different from the approved building additions. The proposed modification does not introduce any new changes to the former Cudgegong Council Chambers building. The new paved forecourt works effect the ground surface only and will have no significant heritage impact. The proposed replacement fence along the Market Street frontage of the property is an appropriate design and colour (i.e. Dulux Basalt) and is in keeping with the character of the heritage item. The proposed removal of a further 5 trees from the car park will not have a significant impact on the character of the heritage item or the character of the Heritage Conservation Area.
Flora and Fauna
There are no threatened fauna or flora species or habitat, or threatened ecological communities, evident on the site.
The proposed modification seeks the removal of 5 additional trees near the approved car park. The arborist report submitted with the application indicates that the trees to be removed have moderate retention value. The trees require removal as the approved car parking area will lead to works within the root zone of these trees, and will lead to the decline of these trees over the long term.
The proposed modification also seeks to remove one street tree. This street tree is non- indigenous to the site and is one within a series of street trees. There is no objection to the removal of this street tree.
f) The suitability of the site for the development.
The proposed modification does not alter the suitability of the site for the approved development.
g) Any submissions received.
Not applicable.
h) The public interest.
No significant issues in the interests of the public are expected as a result of the proposed modifications.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 40 REPORT 8.1
CONSULTATIONS
Health and Building
Council’s Health and Building Section have advised no changes are required to the original conditions, as a result of the proposed modification.
Heritage Advisor
Council’s Heritage Advisor has stated that he has no objection to the proposed modifications.
CONCLUSION
The proposed modifications in application MA0036/2020 have been assessed and are considered reasonable in the circumstances. The proposed modifications do not alter the approved development’s compliance with relevant development standards and requirements, with the exception of a further exceedance of building height standards from the modified skylights.
Changes are required to Condition 1 to refer to the modified plans. Condition 6A is recommended to be added to regulate the colour of the replacement fencing on the Market Street frontage.
Community Plan implications
Theme Protecting Our Natural Environment Goal Protect and enhance our natural environment Strategy Ensure land use planning and management enhances and protects biodiversity and natural heritage
Strategic implications
Council Strategies Mid-Western Regional Local Environment Plan 2012 Mid-Western Regional Development Control Plan 2013 Mid-Western Regional Development Servicing Plan
Council Policies Access to Properties Policy Mid-Western Regional Community Participation Plan 2019
Legislation Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000
Financial implications
Nil
Associated Risks
Should Council refuse the modification application, the applicant may seek a further review of this decision or appeal through the Land and Environment Court.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.1 41
ILIJA SUSNJA LINDSAY DUNSTAN SENIOR TOWN PLANNER MANAGER, STATUTORY PLANNING
JULIE ROBERTSON DIRECTOR DEVELOPMENT
27 February 2020
Attachments: 1. Modified Development Plans.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 42 REPORT 8.1 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 8.1 – ATTACHMENT 1 43
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 44 REPORT 8.1 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 8.1 – ATTACHMENT 1 45
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 46 REPORT 8.1 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 8.1 – ATTACHMENT 1 47
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 48 REPORT 8.1 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 8.1 – ATTACHMENT 1 49
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 50 REPORT 8.2
8.2 DA0101/2020 - 23 Lot Residential Subdivision and Boundary Adjustment (3 Lots into 2), Bombira
REPORT BY THE SENIOR PLANNER TO 18 MARCH 2020 ORDINARY MEETING GOV400087, DA0101/2020
RECOMMENDATION
That Council:
A. receive the report by the Senior Planner on DA0101/2020 - 23 Lot Residential Subdivision and Boundary Adjustment (3 Lots into 2), Bombira ;
B. approve DA0101/2020 - 23 Lot Residential Subdivision and Boundary Adjustment (3 Lots into 2), Bombira be approved subject to the following conditions and statement of reasons:
CONDITIONS
APPROVED PLANS
1. Development is to be carried out generally in accordance with stamped plans
o Drawing Reference BK610 sheets 1 & 2 of 4 dated 14.02.2020
and the Application received by Council on 17 October 2019 except as varied by the conditions listed herein.
Any minor modification to the approved plans will require the lodgement and consideration by Council of amended plans. Major modifications will require the lodgement of a new development application.
GENERAL
2. This approval provides for the subdivision of the land only over two (2) stages. No physical work or approval is provided by this consent for the release of any easements or proposed new easements over private land.
3. The developer shall ensure that the road names within the subdivision are updated in accordance with the requirements of the Geographical Names Board of NSW and Council’s Property and Revenue Department. Early contact shall be made with Council to formalise the road names for the subdivision noting the process can be a minimum of 6 months.
Note: This condition relates to the need for an amendment to “Paige Circuit” shown as a cul-de-sac on the Stage 2 plan.
4. The subdivision works are to be inspected by the Council (or Accredited Certifier on behalf of Council) to monitor compliance with the consent and the relevant standards of construction encompassing the following stages of construction: (a) Installation of sediment and erosion control measures (b) Water and sewer line installation prior to backfilling
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.2 51
(c) Establishment of line and level for kerb and gutter placement (d) Road pavement construction (e) Road pavement surfacing (f) Practical completion
All works are to be constructed at the full cost of the developer, in a manner consistent with Aus-Spec #1 and Council’s standard drawings.
5. No structures or earthworks are permitted to encroach within any easements for the purposes of utility infrastructure as specified in Council’s Development Control Plan 2013.
6. The adjustment of existing services or installation of new services and meters, as required, in compliance with Australian Standard 3500: National Plumbing and Drainage Code. All costs associated with this work shall be borne by the developer. 7. All demolition works are to be carried out in accordance with AS 2601-2001 “Demolition of structures”, with all waste being removed from the site. Hazardous waste such as asbestos cement sheeting etc, should be handled, conveyed and disposed of in accordance with guidelines and requirements from SafeWork NSW. Disposal of asbestos material at Council’s Waste Depot requires prior arrangement for immediate landfilling.
8. The only waste derived fill material that may be received at the development site must be:
a) Virgin excavated natural material, within the meaning of the Protection of the Environment Operations Act 1997; and
b) Any other waste-derived material the subject of a resource recovery exemption under cl.91 of the Protection of the Environment Operations (Waste) Regulation 2014 that is permitted to be used as fill material.
PRIOR TO THE ISSUE OF THE SUBDIVISION CERTIFICATE (STAGE 1 BOUNDARY ADJUSTMENT ONLY)
9. A linen plan and two (2) copies are to be submitted to Council for approval and endorsement by the General Manager.
Note: Under the Environmental Planning & Assessment Act, 1979, a Subdivision Certificate is required before the linen plan of subdivision can be registered with the Land Registry Office. Council’s fee to issue a Subdivision Certificate is set out in Council’s fees and charges.
10. Three metre wide easements, including associated Section 88B of the Conveyancing Act 1919 instruments, are to be created in favour of Council over any existing easements or newly constructed water, or sewerage reticulation components located within the subject property, or extended through adjoining private properties as a result of this subdivision.
Note: where an easement is proposed or to be released over private land for the purpose of servicing the subdivision, Council will require landowner’s signatures to be obtained on the 88B prior to lodgement with Council.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 52 REPORT 8.2
11. Easements which exist over the land which are required for servicing or access to benefit Council shall not be released unless otherwise endorsed by Council.
PRIOR TO ISSUE OF THE SUBDIVISION WORKS CERTIFICATE (STAGE 2) 12. A Subdivision Works Certificate is required for but not limited to the following civil works; o Water and sewer main extensions o Roads, including concrete kerb o Stormwater drainage such as inter-allotment drainage and detention basins o Footpath o Landscaping of public reserves
No works can commence prior to the issue of the Subdivision Works Certificate.
Note: Additional permits and approvals may also be required under other legislation, e.g. Plumbing and Drainage Act 2011, and Plumbing and Drainage Regulation 2017 for water and sewer infrastructure works.
13. All finished surface levels shall be shown on the plans submitted for the Subdivision Works Certificate. Where it is proposed to import fill, including to backfill the existing dam over proposed Lot 1, the material shall be certified as free of hazardous materials and contamination by a suitably qualified geotechnical engineer. Fill placed in residential or commercial lots shall be compacted in accordance with AS3798-2007 Guidelines on Earthworks for Commercial and Residential Developments.
14. Prior to the issue of a Subdivision Works Certificate a detailed engineering design, specifications, supporting documentation / reports and calculations, and schedules are to be submitted to and approved by Council. The engineering design is to comply with the technical and performance requirements of Council’s Development Control Plan and the Standards referenced within Appendix B and D of that document. Detailed documentation including, but not limited to the following matters, must be submitted with the detailed design. These documents must include runoff calculations.
15. Prior to the issue of a Subdivision Works Certificate the Applicant must provide a fully detailed Stormwater Drainage Report and Design for approval by Council that provides for control and treatment of stormwater runoff generated by future residential development of the land. The report must demonstrate that proposed detention arrangements do not increase the rate of discharge of stormwater runoff from the site beyond the existing undeveloped state for a storm event up to and including a 1:100 year ARI event. Methods of stormwater detention must be included in the design to ensure that the rate of stormwater runoff flows from the development do not exceed the volume and rates generated by a 1:5 year ARI storm event from the undeveloped site.
Note: The Stormwater Drainage Report should, where necessary, include provisions for dwelling development on each allotment to provide for temporary detention storage of up to 2,000 litres in addition to any BASIX requirements for storage and re-use.
16. Prior to the issue of a Subdivision Works Certificate the Applicant must arrange for
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.2 53
the necessary consents for the creation of easements for the drainage of stormwater over ‘Existing Drainage Channel’ on proposed Lot 56 and any other downstream allotments that may be affected. All easements and any necessary drainage upgrades must extend to an approved discharge location. Documentation for the registration of Easements on titles must include appropriately worded encumbrances, Restrictions as to User or other instruments deemed necessary to ensure the ongoing maintenance and function of the infrastructure to prevent restriction of flows and potential inundation of adjacent land. Additional requirements may also include provision for, and ongoing maintenance of, open type wire mesh fencing on each boundary crossing the swale for the width of the swale.
17. Prior to issue of a Subdivision Works Certificate, Council shall be provided with an updated phase 1 contamination report for Lot 1 and 2 DP 118576, incorporating testing around the former farm outbuilding to confirm that the site is suitable for residential development.
18. Prior to issue of a Subdivision Works Certificate, a landscaping plan shall be provided to and approved by Council which includes details of proposed trees to be retained and new plantings as required by the Mid-Western Regional Development Control Plan 2013 (two street trees per lot). Consideration must be given to the existing and proposed new easements for water, sewer and stormwater infrastructure to ensure plantings do not obstruct or damage infrastructure.
19. A detailed engineering design supported by plans, and an “Autocad compatible” Plan, (in dwg format including pen-map), material samples, test reports and specifications are to be prepared in accordance with AUS-SPEC #1 (as modified by Council) and the conditions of this development consent.
20. An Erosion and Sediment Control Plan for the development is to be prepared and implemented in accordance with the LANDCOM guidelines and requirements as outlined in the latest edition of “Soils and Construction – Managing Urban Stormwater”. Points to be considered include, but are not limited to:
o drainage reserves are to be turfed; o single strip of turf to be laid behind kerb and gutter; o saving available topsoil for reuse in the revegetation phase of the subdivision;
o using erosion control measures to prevent on-site damage; o rehabilitating disturbed areas quickly; o maintenance of erosion and sediment control structures; o a schedule of operations is to be submitted to ensure all appropriate works are undertaken at the correct stage.
21. Any registered easements or restrictions applicable to the site are to be removed from the title prior to the issue of Subdivision Works Certificate for that stage to which the easement or restriction may apply.
22. Prior to the issue of a Subdivision Works Certificate a Traffic Control Plan (TCP) completed by a “Certified Person” for implementation during works is to be submitted to Council. All requirements of the Traffic Control Plan must be put in place and implemented prior to any work commencing.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 54 REPORT 8.2
23. Prior to the issue of the Subdivision Works Certificate, Council is to be provided with the certified copies of the Electrical and Telecommunications distribution network design for the subdivision.
PRIOR TO THE COMMENCEMENT OF WORKS
24. Prior to the commencement of any works a copy of the Contractor’s public liability insurance cover for a minimum of $20,000,000 (Twenty million dollars) is to be provided to Mid-Western Regional Council. Mid-Western Regional Council is to be indemnified against any works carried out by the contractor.
25. The applicants shall, at their own expense, engage a registered surveyor to relocate any survey mark that may be disturbed by the development or any associated work. Any information regarding relocation should be supplied to the Land Titles Office and Council.
26. Prior to commencement of works, the submission of updated street/road names in order of preference, for the proposed new roads within the subdivision, are to be submitted to Council for approval.
27. Prior to development the applicant shall advise Council’s, in writing, of any existing damage to Council property before commencement of works. The applicant shall repair (at their own expense) any part of Council’s property damaged during the course of this development in accordance with AUS-Spec #1/2 (as modified by Council) and any relevant Australian Standards.
28. All works are to be constructed at the full cost of the developer, in a manner consistent with Aus-Spec #1 and Council’s standard drawings.
29. Prior to the commencement of subdivision works, the following actions are to be carried out;
o A site supervisor is to be nominated by the applicant; o Council is to be provided with two (2) days’ notice of works commencing.
DURING SUBDIVISION CONSTRUCTION WORKS
30. Construction work noise that is audible at other premises is to be restricted to the following times:
a) Monday to Saturday - 7.00am to 5.00pm
No construction work noise is permitted on Sundays or Public Holidays.
31. The subdivision works are to be inspected by the Council (or an Accredited Certifier on behalf of Council) to monitor compliance with the consent and the relevant standards of construction, encompassing the following stages of construction:
• Installation of sediment and erosion control measures • Water and sewer line installation prior to backfilling • Vacuum / pressure testing of all water and sewer mains • Stormwater drainage pipe installation prior to backfilling • Proof roll inspection of sub-grade prior to placement and compaction of sub-base
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.2 55
• Proof roll inspection of sub-base prior to installation of concrete kerb • Proof roll inspection of compacted sub-base prior to placement of base course • Proof roll inspection of compacted base prior to sealing • Practical completion
In addition to proof roll inspection, compaction testing may also be required.
32. If any aboriginal artefacts are uncovered or identified during construction earthworks, such work is to cease immediately and the local aboriginal community and National Parks and Wildlife Service are to be notified.
Note: A suitably qualified person is required to be present during earthworks to identify whether any artefacts were uncovered.
33. If unexpected soil contaminants are discovered during works which has the potential to alter previous conclusions regarding site contamination; work must cease and Council or NSW Environmental Protection Authority must be notified immediately.
The contaminated land situation is to be evaluated by a supervising environmental consultant and an appropriate response determined in consultation with the developer, which is agreed to by Council.
Note: Council may also request that a NSW Environmental Protection Authority accredited site auditor is involved to assist with the assessment of the contaminated land situation and review any new contamination information. The developer must also adhere to any additional conditions which may be imposed by the accredited site auditor.
34. The development site is to be managed for the entirety of work in the following manner:
a) Erosion and sediment controls are to be implemented to prevent sediment from leaving the site. The controls are to be maintained until the development is complete and the site stabilised with permanent vegetation; b) Appropriate dust control measures including suppression at all times; c) Toilet facilities are to be provided on the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.
35. Any necessary alterations to, or relocations of, public utility services to be carried out at no cost to Council and in accordance with the requirements of the relevant authority including the provision of easements over existing and proposed public infrastructure.
36. Any soil / water retention structures are to be constructed prior to the bulk stripping of topsoil, to ensure sediment from the whole site is captured.
37. All earthworks, filling, building, driveways or other works, are to be designed and constructed (including stormwater drainage if necessary) so that at no time will any ponding of stormwater occur on adjoining land as a result of this development.
38. Fill placed in residential or commercial lots shall be compacted in accordance with
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 56 REPORT 8.2
AS3798-2007 Guidelines on Earthworks for Commercial and Residential Developments.
39. The developer is to grant Council unrestricted access to the site at all times to enable inspections or testing of the subdivision works.
40. No construction traffic (including trucks and light vehicles) is permitted to occur via Moggs Lane and Robert Hoddle Grove into the subdivision.
INFRASTRUCTURE
Stormwater Drainage
41. The Developer must provide for the design and construction of all stormwater drainage infrastructure to service the development including a proportional contribution determined by relative catchment areas for the upgrade of any existing downstream features.
42. Drainage design must ensure that no stormwater runoff is permitted to discharge over adjoining properties other than at approved locations and methods of disposal. Discharge of runoff onto adjoining properties and any works associated with the control of stormwater discharge over any adjoining property must not occur without the consent of the owner of any affected property.
43. All internal roads shall comprise roll back concrete kerb and gutter. Sub-surface drainage is required where gutter flows exceed 2.5m width during minor events (1 in 5yr ARI). If required, sub-surface drainage shall be located behind the kerb.
44. Inter-allotment drainage is to be provided to remove stormwater from any lots that cannot discharge to the street in accordance with Aus Spec #1. Easements not less than 3 metres wide shall be created over inter-allotment drainage in favour of upstream allotments.
45. One (1) roof-water outlet per allotment is to be provided in the kerb and gutter 2m from the downhill boundary at the time of the installation of the kerb and gutter.
ROADS
46. The internal roads within the subdivision must be designed and constructed to the following standards:
Item Requirement Full Road 9m (2 x 3m travel lanes) Pavement Width Nature Strip 2 x 4.5m Concrete 1.2m Footpaths Seal Two-coat flush seal -14/7 mm (Double/ Double) as required Kerb & Gutter Roll back concrete kerb & gutter Subsoil Drainage Where gutter flow exceeds 2.5m during minor events or adjacent to intersections.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.2 57
To be installed behind kerb
47. All road crossings for services and utilities are to cross perpendicular to the road alignment and must be installed prior to the commencement of construction of base course and kerb and channel.
48. The finished surface of all nature strips and verges must be graded to fall toward the kerb and channel and formed with a minimum 100 mm thick layer of clean topsoil free of stones and other impurities. Nature strips and verges are to be seeded or hydro-mulched with an approved grass prior to the issue of a Certificate of Practical Completion.
49. The submission to Council of engineering design plans for any road works shall include pavement and wearing surface investigation and design.
50. All electrical, telecommunication and water service crossings are to be perpendicular to the road centreline and performed prior to the addition of the base course and installation of kerb and gutter.
51. All stormwater, water and sewer main infrastructure road crossings must be installed prior to the addition of the base course and installation of kerb and gutter.
52. All water mains and associated fittings/valves should not be installed underneath a concrete structure such as the footpath.
53. All required earthworks for roads associated with the subdivision must have compaction testing in compliance with RMS Q4 and AUS-SPEC CQS-A.
54. Street signs necessitated by the subdivision are to be installed in accordance with Aus-Spec #1 and Council standards.
55. The proposed internal road network should have sufficient width to accommodate the turning paths for service vehicles (e.g. rubbish collection and removalist vehicles). Particular attention should be given to cul-de-sac finishing points.
WATER AND SEWER
56. Three metre wide easements, including associated Section 88B of the Conveyancing Act 1919 instruments, are to be created in favour of Council over any existing or newly constructed water, or sewerage reticulation components located within the subject property, or extended through adjoining private properties as a result of this subdivision.
Note 1: where an easement is proposed over private land for the purpose of servicing this subdivision, Council will require evidence that the easement has been created prior to release of the Subdivision Works Certificate.
Note 2: Section 88B documentation, where required, for Stage 2 will also be required to ensure temporary detention of stormwater runoff from dwelling development on each allotment is provided and maintained in accordance with Council requirements.
57. The applicant is to provide separate water and sewer reticulation services to each allotment within the subdivision.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 58 REPORT 8.2
58. The developer is to extend and meet the full cost of water reticulation to service the development plus the cost of connecting to existing services. All water supply work is required to be carried out in accordance with the requirements of Mid-Western Regional Council (as the Water Supply Authority under the Local Government Act 1993) and in accordance with the National Specification – Water Supply Code of Australia.
59. The developer is to provide a water service and meter for each lot in the subdivision. Where the provision of a service connection for a proposed new lot is undertaken during the installation of new water mains by the Developer, and prior to any ‘live’ connection, the developer can be achieve this by making a payment to Council of $655.00 per lot.
Note: Council does not permit other bodies to insert new connections into ‘live’ water mains. The cost referenced above is for the supply of meter only and is subject to CPI increases.
60. In the case of any lots that will not be serviced by a water main constructed by the developer, a full water service will be required and the developer will be required to pay for full Water Service Connection for an amount of $2,150.00 for a 20 mm water supply.
61. Sewer works are to include and make provision for connection to the new Sewer Pump Station and connection from the existing Sewer Pump Station located on Lot 31 DP1074415.
62. All sewerage work is required to be carried out in accordance with the requirements of Mid-Western Regional Council (as the Water Supply Authority under the Local Government Act, 1993) and in accordance with the National Specification – Sewerage Code of Australia.
63. In the case of any lots that will be serviced by a sewer main constructed by the developer the sewer junctions required to service the proposed lots must be installed by the developer
CONTRIBUTIONS AND OTHER CHARGES
64. In accordance with the provisions of Section 7.11 of the Environmental Planning and Assessment Act 1979 and the Mid-Western Regional Council Developer Contributions Plan 2019, the developer is required to make payment to Council for contributions towards the provision, extension or augmentation of local infrastructure as a consequence of development within the LGA.
The contributions are to be paid at the lodgement of the Subdivision Certificate for Stage 2 or in accordance with the deferred payments requirements of the Developer Contributions Plan, with a maximum deferral period of 6 months upon application being made to Council.
The following is calculated and payable on a per lot basis:
Mudgee Contributions Transport Facilities $4,303.00 Recreation and Open Space $2,160.00
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.2 59
Community Facilities $628.00 Stormwater Management $453.00 Plan Administration $985.00 TOTAL PER LOT $8,529.00
Note: Developer Contributions and all other fees and charges are subject to Consumer Price Index increase at 1 July each year. Please contact Council’s Development Department regarding any adjustments.
65. An application for a Compliance Certificate under the Water Management Act, 2000 is to be submitted to Council as the Water Supply Authority and approved prior to the issue of a Subdivision Certificate for stage 2. This will require the payment of a contribution for water and sewerage headworks in accordance with Council’s Developer Servicing Plans.
Note: The current rates for Headworks Charges are included within the Advisory Notes and are subject to CPI.
PRIOR TO THE ISSUE OF THE SUBDIVISION CERTIFICATE (STAGE 2)
66. A linen plan and two (2) copies are to be submitted to Council for approval and endorsement by the General Manager.
Note: Under the Environmental Planning & Assessment Act, 1979, a Subdivision Certificate is required before the linen plan of subdivision can be registered with the Land Titles Office. Council’s fee to issue a Subdivision Certificate is set out in Council’s fees and charges.
67. Following completion of the subdivision works, one full set of Work-As-Executed plans, in pdf and dwg format, which is “AutoCAD compatible”, is to be submitted on disk to Council. All Work-As-Executed plans shall bear the Consulting Engineer's or Consulting Surveyor's certification stating that all information shown on the plans is accurate.
68. Underground electricity, street lighting and telecommunications are to be supplied to the subdivision. Prior to issue of the Subdivision Certificate, Council is to be supplied with: a) A certificate of acceptance from the appropriate power authority indicating that satisfactory arrangements have been made for provision of reticulated electricity supply to each lot in the subdivision; b) Satisfactory evidence that arrangements have been for the installation of fibre- ready facilities to all individual lots so as to enable fibre to be readily connected to any premises that may be constructed on those lots. This will need to include confirmation in writing from the carrier that they are satisfied that the fibre ready facilities are fit for purpose, and; c) Satisfactory evidence (usually by way of an agreement with a carrier) that arrangements have been made for the provision of fixed-line telecommunications infrastructure in the fibre-ready facilities to all individual lots.
69. Prior to the issue of a Subdivision Certificate: (a) all contributions must be paid to Council and all works required by the consent be completed in accordance with the consent, or (b) an agreement be made between the developer and Council; be paid to Council in accordance with this condition for the purpose of:
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 60 REPORT 8.2
i) as to the security to be given to Council that the works will be completed or the contribution paid, and ii) as to when the work will be completed or the contribution paid.
70. If the Subdivision Certificate is not issued within the financial year of the date of determination, then the charges and contributions contained in this consent will be increased to the current rate at the time of payment.
71. Street trees are required at a rate of two (2) trees per lot and are to be planted prior to the issue of the Subdivision Certificate. The trees are to be a semi-mature and barricaded for protection for a minimum period of 2 years. Should any trees be damaged or die, the developer is required to replace the tree for a like-for-like tree within one (1) month of formal notification being made by Council or a contractor.
72. The developer must provide Council and land purchasers with a site classification for each lot within the subdivision. The classification is to be carried out at a suitable building site on each lot and is to be carried out by a NATA registered laboratory using method (a) of Clause 2.2.3 of AS2870 - 1996. Results are to be submitted to Council prior to issue of the Subdivision Certificate.
73. Following completion of all engineering works a Defects Liability bond in a form acceptable to Council to the value of 5% of the value of all works must be lodged with Council to be held for a period of twenty-four (24) months to ensure any defects that become apparent during that time are remedied by the developer.
Note: The bond may be provided by way of a monetary deposit with the Council or a bank guarantee to the satisfaction of the Council. The bank guarantee must not specify any time limitations on the operation of the guarantee.
74. The developer is to ensure that all defects in the works that become apparent within twenty four (24) months of Council accepting the works on maintenance are remedied to Council's satisfaction. If these defects are not satisfactorily remedied, Council may use bond money to carry out rectification.
Note: Any unspent bond money will be returned to the developer at the end of the twenty four (24) month period, less the estimated cost of any outstanding works.
75. The applicant shall repair in accordance with Aus-Spec# 1 and Council Standard Drawings any part of Council’s property damaged during the course of this development.
ADVISORY NOTES
1. In accordance with Section 64 of the Local Government Act 1993 and the Water Management Act 2000, a Compliance Certificate is required prior to issue of the Subdivision Certificate and shall include the payment of a contribution for water and sewerage headworks in accordance with Council’s Developer Servicing Plans. Current fees calculated are provided below and are subject to CPI:
Section 64 Contributions Water Headworks (1.5 ET/UNIT) $ 277,810.00 Sewer Headworks (1.05 ET/UNIT) $ 86,061.15 Total Headworks $ 363,871.15
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.2 61
2. The removal of trees within any road reserve requires the separate approval of Council in accordance with the policy "Tree Removal and Pruning - Public Places". 3. The land upon which the subject building is to be constructed may be affected by restrictive covenants. This approval is issued without enquiry by Council as to whether any restrictive covenant affecting the land would be breached by the construction of the building, the subject of this approval. Persons to whom this approval is issued must rely on their own enquiries as to whether or not the building breaches any such covenant. 4. Essential Energy’s records indicate there is electricity infrastructure located within the properties and within close proximity to the properties. Any activities within these locations must be undertaken in accordance with the latest industry guideline currently known as ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure. Approval may be required from Essential Energy should activities within the properties encroach on the electricity infrastructure. 5. Prior to carrying out any works, a “Dial Before You Dig” enquiry should be undertaken in accordance with the requirements of Part 5E (Protection of Underground Electricity Power Lines) of the Electricity Supply Act 1995 (NSW). 6. Given there is electricity infrastructure in the area, it is the responsibility of the person/s completing any works around power lines to understand their safety responsibilities. SafeWork NSW (www.safework.nsw.gov.au) has publications that provide guidance when working close to electricity infrastructure. These include the Code of Practice – Work near Overhead Power Lines and Code of Practice – Work near Underground Assets. 7. It is the Applicant’s responsibility to make the appropriate application with Essential Energy for the supply of electricity to the subdivision, which may include the payment of fees and contributions. Despite Essential Energy not having any safety concerns, there may be issues with respect to the subdivision layout, which will require Essential Energy’s approval. 8. If the proposed development changes, there may be potential safety risks and it is recommended that Essential Energy is consulted for further comment. 9. As part of the subdivision, easement/s are to be created for any existing or new electrical infrastructure, using Essential Energy’s standard easement terms current at the time of registration of the Plan/s of subdivision. 10. Any existing encumbrances in favour of Essential Energy (or its predecessors) noted on the title of the above properties should be complied with. 11. Division 8.2 of the Environmental Planning and Assessment Act 1979 gives you the ability to seek a review of the determination. This request is made to Council and must be made within 6 months after the date on which you receive this notice. The request must be made in writing and lodged with the required fee; please contact Council's Development Department for more information or advice. 12. If you are dissatisfied with this decision section 8. 7 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within 6 months after the date on which you receive this notice. 13. To ascertain the extent to which the consent is liable to lapse, refer to Section 4.53 of the Environmental Planning and Assessment Act 1979.
STATEMENT OF REASONS
The determination decision was reached for the following reasons:
1. The proposed development complies with the requirements of the applicable environmental planning instruments and Mid-Western Regional Development Control Plan 2013. 2. The proposed development is considered to be satisfactory in terms of the matters identified in Section 4.15 of the Environmental Planning & Assessment Act 1979. 3. The matters raised within submissions have been addressed in the following manner:
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 62 REPORT 8.2
• Conditions of consent have been imposed to address the matters relating to:
o further detailed design requirements to complement the Bombira Estate Subdivision;
o easements to be retained; o dust mitigation and no construction traffic movements through Robert Hoddle Grove (via Moggs Lane); and
o A landscaping plan and street trees are required to be installed in accordance with the DCP 2013 as a result of the loss of trees due to infrastructure provisions required to service the subdivision.
Executive summary
OWNER/S Maxwell and Colleen Walker and Brian Keech APPLICANT Maxwell and Colleen Walker PROPERTY DESCRIPTION Lot 1 and 2 DP1185676 and Lot 5 DP1181765 PROPOSED DEVELOPMENT Subdivision of Land (2 Stages) REASON FOR REPORTING TO COUNCIL >20 Lots and 3 Submissions Received PUBLIC SUBMISSIONS Three (3) Submissions Received
Development Application (DA0101/2020) was received by Council on the 17 October 2019 and proposes the subdivision of land located to the south of the existing Bombira Estate over two (2) stages.
Stage 1 proposes a boundary adjustment of the three (3) existing lots legally identified as Lots 1 & 2 DP1185676 and Lot 5 DP1181765. This will enable the removal of the access handle currently servicing Lot 5 DP1181765 and Lot 1 DP1185676 from Robert Hoddle Grove, retaining access to the existing rural lot (currently identified as Lot 5 DP1181765) only, and the consolidation of Lots 1 and 2 DP1185676.
Stage 2 proposes to create 23 residential lots of not less than 4,000m² from the consolidated residential land (former Lots 1 & 2 DP 1185676) and the creation of a new access road connecting into the existing Bombira Estate. No access to the land created by Stage 2 is proposed from Robert Hoddle Grove.
The proposed plans of subdivision are included within Attachment 1.
The application was placed on public exhibition in accordance with Council’s Community Participation Plan 2019 which ended on 15 November 2019. Three (3) submissions were received.
As the application is greater than 20 allotments, the application cannot be determined by staff under delegation – Council is therefore required to determine the application.
The application is recommended for approval.
Disclosure of Interest
Nil.
Detailed report
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.2 63
SITE DESCRIPTION
The subject site is located to the south of Bombira Estate, currently with access available from Robert Hoddle Grove and is known as 33 and 41D Robert Hoddle Grove, Bombira.
The site contains a total area of 30.88ha over three (3) lots, legally identified as Lot 1 and 2 DP1185676 and Lot 5 DP1181765.
Figure 1: Site Location Map
The site currently contains a number of immature scattered vegetation which appears to have been planted by prior land owner/s, along with a former farm building and steel cattle yards. The subject land has historically been used for grazing and agricultural purposes.
PROPOSED DEVELOPMENT
The proposal seeks to subdivide the land over two (2) stages.
Stage 1 proposes a boundary adjustment of the three (3) existing lots legally identified as Lots 1 & 2 DP1185676 and Lot 5 DP1181765. This will enable the removal of the access handle currently servicing Lot 5 DP1181765 and Lot 1 DP1185676 from Robert Hoddle Grove, retaining access to the existing rural lot (currently identified as Lot 5 DP1181765) only, and the consolidation of Lots 1 and 2 DP1185676.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 64 REPORT 8.2
Figure 2 – Stage 1 Proposed Plan of Subdivision
Stage 2 proposes to create 23 residential lots of not less than 4,000m² from the consolidated residential land (former Lots 1 & 2 DP 1185676) and the creation of a new access road connecting into the existing Bombira Estate. No access to the land created by Stage 2 is proposed from Robert Hoddle Grove.
Ancillary works including the connection of all services are proposed as part of Stage 2.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.2 65
Figure 3 – Stage 2 Proposed Plan of Subdivision
LEGISLATIVE REQUIREMENTS
Biodiversity Conservation Act 2016 (BC Act)
The Biodiversity Conservation Act 2016 and associated Regulation 2017 permits the clearing of native vegetation up to prescribed thresholds in accordance with Clause 7.2 of the Regulation. This enables up to 0.25 hectares of ‘native vegetation’, to be removed, with native vegetation defined as:
any of the following types of plants native to New South Wales— (a) trees (including any sapling or shrub or any scrub), (b) understorey plants, (c) groundcover (being any type of herbaceous vegetation), (d) plants occurring in a wetland
It is deemed, based on the provisions of the Biodiversity Conservation Act (Section 7.7) and Regulations (Clause 7.2), the development is not likely to significantly affect threatened species and will not exceed the thresholds outlined in Clause 7.2. Therefore, the application for development consent is not required to be accompanied by a biodiversity development assessment report and no further consideration of the BC Act is required.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 66 REPORT 8.2
Environmental Planning and Assessment Act 1979 (EP&A Act)
Designated Development
Not applicable.
The proposed development is not identified as designated development, in accordance with Schedule 3 of the Environmental Planning and Assessment Regulation 2000.
Integrated Development
Not applicable.
The proposed development does not trigger integrated development, in accordance with section 4.46 of the Environmental Planning and Assessment Act 1979.
SECTION 4.15(1) – MATTERS FOR CONSIDERATION - GENERAL
The application has been assessed in accordance with Section 4.15(1) of the Environmental Planning and Assessment Act 1979. The main issues are addressed below as follows. a) Provisions of any Environmental Planning Instrument and any draft EPI – 4.15(1)(a)(i) and (ii)
State Environmental Planning Policy No 44 – Koala Habitat Protection
SEPP 44 applies to the proposal as Mid-Western Regional Council is listed within Schedule 1 of the SEPP and the area of land associated with the proposal in the same ownership is greater than 1 hectare in size.
The proposal involves the removal of strands of planted and native vegetation as part of the subdivision. However, these existing tree species are not listed within Schedule 2 of the SEPP.
State Environmental Planning Policy No 55 – Remediation of Land The subject land which is proposed to be subdivided for residential development was included within the rezoning of ‘Bonnyview’ (now known as Bombira Estate), located to the north of the subject site. A phase 1 contamination report was prepared and included soil testing (report dated 2010) with the development application (DA0152/2015) which required further testing around an existing diesel tank within proposed Stage 4 of the Bombira Estate subdivision prior to issue of the subdivision certificate for this stage.
Following a site inspection however, it is noted that a farm building with some older disposed farm equipment and materials surround the existing site which will require demolition and removal. It is not known if the building contains asbestos or other form of contaminates and on the basis of the demolition required, it is recommended that further contamination testing be undertaken to ensure that the site of the former farm building can accommodate residential development into the future, prior to earthworks commencing over the site. A condition has been imposed accordingly.
State Environmental Planning Policy (Primary Production and Rural Development) 2019
The proposal involves the subdivision (boundary adjustment) for land zoned RU4 as part of Stage 1. In accordance with Schedule 4, Part 2(4) of the SEPP however, the application does not propose the subdivision of the RU4 portion of land for the purposes of a dwelling or for the erection of a dwelling house. Consequently, no further assessment of the SEPP is required. It should be noted that the proposed boundary adjustment will retain a 20ha portion of land within the RU4 zone
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.2 67
(being proposed Lot 56) however any proposal for future development of proposed Lot 56 will be subject of a separate development application submitted to Council.
State Environmental Planning Policy (Infrastructure) 2007
In accordance with the Clause 45, the application was referred to Essential Energy for comment. A response was provided on the 13 December 2019 with standard conditions and advisory notes for Council’s consideration which have been included within the recommended consent conditions.
Further, in accordance with Clause 101 of the SEPP, the application was referred to Roads and Maritime Services due to the proposed development including access to the subdivision via a new road connection which may impact on the Classified Road (Ulan Road) and the intersection of Wurth Drive (via the Bombira Estate subdivision). The RMS provided comments on the 13 January 2020 for Council consideration which including the following:
o The traffic statement prepared by Triaxial Consulting does not encompass the cumulative traffic generated from the existing lots created within Page Circuit and the future lots to be created as part of this development, in total this equates to 65 lots.
o The cumulative traffic will be directed to Wurth Drive and then accessing Ulan Road. The assessment of the cumulative traffic generation is important in understanding the potential traffic implications on the performance of the Wurth Drive and Ulan Road intersection.
o The right of carriageway to be created for proposed Lot 56 as a part of stage 1 is not to provide additional access to lots to be created within stage 2. A referral will be required to TfNSW In the event that access is proposed from Robert Hoddle Grove within a future development application or modification to service the lots created within stage 2. A traffic study would be required to accompany the referral that assesses the impact of the cumulative traffic generation on the intersection of Moggs Lane and Ulan Road and required intersection treatments.
o Construction work on stage 2 or the issuance of the subdivision certificate for stage 2 is not to occur until the completion of Page Circuit.
On the basis of the above, a formal request for an amended traffic statement was provided to the applicant to address the cumulative traffic impacts as a result of the proposal. An amended Traffic Statement was provided to Council by the applicant on the 7 February 2020 and considered by Council’s Development Engineer which confirmed that increased traffic volumes do not warrant additional works or upgrade to the intersection of Wurth Drive and Ulan Road.
Further, as no new lots are being created with access via Moggs Lane and Ulan Road, no further amendments or requests were required to be addressed by the applicant based on the comments provided by the RMS.
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017
This Policy was gazetted on 25 August 2017 and has been considered in the assessment of the subject application.
Authority to clear vegetation under this Policy is not required. The vegetation to be removed is not declared by a Development Control Plan to be vegetation that Part 3 applies, and the vegetation to be removed does not exceed the biodiversity offsets scheme thresholds and therefore no further consideration is necessary.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 68 REPORT 8.2
Mid-Western Regional Local Environmental Plan 2012 (MWRLEP 2012)
The following clauses of Mid-Western Regional Local Environmental Plan 2012 have been assessed as being relevant and matters for consideration in assessment of the Development Application.
Clause 1.2 Aims of Plan The application is not contrary to the relevant aims and objectives of the plan.
Clause 1.4 Definitions The proposal is defined in accordance with the MWRLEP 2012 and Section 6.2 of the Environmental Planning and Assessment Act 1979 as:
Subdivision of land means the division of land into 2 or more parts that, after the division, would be obviously adapted for separate occupation, use or disposition. The division may (but need not) be effected— (a) by conveyance, transfer or partition, or (b) by any agreement, dealing, plan or instrument rendering different parts of the land available for separate occupation, use or disposition.
Clause 2.2 Zoning of Land to Which Plan Applies The land is zoned RU4 Primary Production Small Lots and R2 Low Density Residential and is therefore subject to the Plan.
Clause 2.3 Zone objectives and Land Use table The land is zoned R2 and RU4 pursuant to MWRLEP 2012. The proposal, being the subdivision of land is permissible with consent in the zone and complies with the relevant objectives.
The objectives of the zone and how the proposal satisfies the objectives is addressed below:
R2 Low Density Residential
1. To provide for the housing needs of the community within a low density residential environment. Comment The proposal will enable additional residential lots to be created for future dwellings to be constructed upon each new lot, providing for the housing needs of the community.
2. To enable other land uses that provide facilities or services to meet the day to day needs of residents. Comment Not relevant to the proposal.
RU4 Primary Production Small Lots
1. To enable sustainable primary industry and other compatible land uses. Comment The proposal does not significantly impact upon the ability of the land to be used for the purposes of primary production or other compatible land uses.
2. To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature. Comment The proposal will not impact on employment opportunities in relation to the primary industry enterprises which may operate from the site such as the grazing of stock or the like.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.2 69
3. To minimise conflict between land uses within this zone and land uses within adjoining zones. Comment The proposal will not result in any significant conflict with adjoining land uses subject to compliance with conditions of the consent.
4. To ensure that land is available for intensive plant agriculture. Comment The proposal will not hinder the use of the site for the purposes of intensive plant agriculture.
5. To encourage diversity and promote employment opportunities related to primary industry enterprises, particularly those that require smaller holdings or are more intensive in nature. Comment The proposal will not result in any significant impact upon the immediate visual amenity or environmental/cultural heritage values of the site.
Clause 2.6 Subdivision – consent requirements As the proposal involves subdivision, development consent is required as discussed throughout the report.
Clause 2.7 Demolition requires development consent In satisfaction of this clause, the development application will require the demolition and removal of wastes associated with the former farm building. Appropriate conditions of consent have been imposed to manage this waste accordingly.
Clause 4.1 Minimum subdivision lot size The proposed subdivision generally meets the objectives of the clause as the proposal will promote further suitable land uses that can be accommodated on the site whilst complying with all the relevant planning controls.
The boundary adjustment proposed by Stage 1 will achieve the minimum lot size required for both the R2 and RU4 zones.
The proposed residential lots over future lot 55 will have a minimum area of 4,000m². The minimum lot size pursuant to the LEP MLS mapping is 2ha, however the subject lots are also located within the nominated ‘Area B’ on the Minimum Lot Size map. This results in consideration of the proposed subdivision in accordance with clause 4.1(3A)(b) of the LEP which states:
(3A) Despite subclause (3), if the consent authority is satisfied that each lot is, or will be serviced by a water reticulation system and sewerage system— (b) land identified as “Area B” on the Lot Size Map may be subdivided to create lots of at least 4,000 square metres.
Accordingly, Council’s Development Engineer has provided a referral response (Attachment 3) confirming that reticulated water and sewer is able to be provided which is re-produced below:
Water supply for the proposed Stage 2 subdivision can be obtained from extension of the recently constructed mains in the adjacent Maas Bombira Estate subdivision.
There is existing sewer main and pump station within the existing ‘battle axe handle’ access for proposed Lot 56.
A new Sewer Pump Station (SPS) has been constructed within the Maas development which will have capacity to accommodate waste from this proposed development. An appropriate alignment and grades will allow for waste water / sewage to be directed to the new SPS and will ultimately allow for the old SPS to be decommissioned.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 70 REPORT 8.2
Accordingly, the proposal complies with the development standard and a concept servicing plan for water and sewer has been provided with the submitted development application.
Clause 4.2 Rural Subdivision Not relevant as the proposed boundary adjustment to include the access handle within proposed Lot 56 is compliant with the Minimum Lot Size for the RU4 zone of 20ha in accordance with the LEP.
Clause 4.3 Height of buildings The subject site is not mapped for a maximum height limit.
Clause 5.4 Controls relating to miscellaneous permissible uses The proposal does not include any of the listed uses contained under this clause.
Clause 5.10 Heritage Conservation No items of aboriginal significance or a heritage item are recorded on the site or in the vicinity. Notwithstanding this, a condition will be placed upon the consent ensuring that work is ceased should an item be discovered during construction. Clause 6.1 Salinity The proposal only involves earthworks for the purposes of road construction and associated servicing and is not expected to significantly affect the process of salinisation. It is recommended however that an appropriate condition in respect to soil testing for each lot be provided to Council prior to the issue of the subdivision certificate.
Clause 6.2 Flood planning Lot 5 DP 1181765 (proposed Lot 56 following boundary adjustment) is identified to be partly affected by the 1 in 100 year flood planning mapping under the LEP 2012, per figure 4 below. As future Lot 56 will be retained for agricultural uses, it is considered that there will be no impact on the flood behaviour associated with Lawsons Creek or the Cudgegong River located to the south of the development site.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.2 71
Figure 4 - Flood Planning Mapping (MWR LEP 2012)
Future Lot 55 which is proposed to be further subdivided into 23 residential lots is also identified under the Mudgee Flood Risk Management Plan to be partly sitting within the LOW RISK flood area per Figure 5. This partially affects the rear portions of proposed Lots 1 to 5 of Stage 2, however there will be significant building envelopes available and located outside of the Low Risk flood mapped area of the lots to accommodate future dwellings. It should also be noted that the Low Risk flood area does not preclude residential development occurring however future building works within the Low Risk flood mapped area must consider compliance with Council’s DCP 2013 for appropriate ‘floor levels to be equal to or greater than the 100 Year ARI flood level plus freeboard’ and ‘building components to be flood compatible below or at the 100 Year ARI flood level plus freeboard’.
As the lots are of sufficient size and shape to accommodate future residential development (each lot being greater than 4,000m²), and Council’s DCP 2013 Matrix 1 – Urban Floodplains only requires that the impact of the development on flooding elsewhere is to be considered for the low risk flood areas for the subdivision of land, this has been considered within the requirements of the DCP 2013 section of this report.
It is important to note however that the proposal is able to satisfy the provisions of clause 6.2(3) of the LEP and is deemed to be compatible with the flood hazard and flood behaviour of a low risk nature within this location.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 72 REPORT 8.2
Figure 5 - Flood Risk Mapping – Mudgee Flood Risk Management Plan
Clause 6.3 Earthworks The proposal involves earthworks including for the construction of new roads, installation of services and construction of a new detention basin. The provisions under Clause 6.3(3) are addressed as follows: (a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality of the development,
Comment The proposed development is not considered to have a significant impact on drainage patterns within the locality due to the large residential land sizes proposed and a concept stormwater plan providing evidence that the detention basin (proposed over the RU4 zoned land proposed as Lot 56 with an appropriate easement in place) will provide for the capture of stormwater from the road network. Notwithstanding this, a drainage report will be required to be provided to Council prior to issue of the Subdivision Works Certificate to ensure that post development flows do not exceed pre development flows accordingly.
(b) the effect of the development on the likely future use or redevelopment of the land, Comment The proposal will not affect the future use of the land which has been zoned for
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.2 73
residential development in a low density manner and retention of Lot 56 as a rural parcel.
(c) the quality of the fill or the soil to be excavated, or both,
Comment A condition will be imposed to ensure that the dam to be filled over the north eastern corner of the lot will be clean fill and incorporate compaction testing in accordance with Australian Standards.
(d) the effect of the development on the existing and likely amenity of adjoining properties,
Comment The proposal will not result in any significant impacts on the amenity of adjoining properties with the land zoned for low density residential purposes and rezoning with Bombira Estate land accordingly. Adjoining land to the east of the site will be retained for rural purposes in accordance with the RU4 zone objectives.
(e) the source of any fill material and the destination of any excavated material,
Comment Any fill to be used over the site will be required to be clean fill and compacted in accordance with Australian Standards.
(f) the likelihood of disturbing relics,
Comment Whilst no recordings of Aboriginal relics or places are found in the database to occur on the subject site, a condition of consent relating to any finds will be required and stop work notice should any relics be located during earthworks.
(g) the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,
Comment The proposal is not located within 40m of any waterways, nor in a drinking water catchment or environmentally sensitive area. No further consideration required.
(h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
Comment The proposal is considered to have been designed to accommodate the natural fall of the land, enable stormwater and drainage to accumulate and be detained within the detention basin proposed over lot 56, in common ownership. This will require an easement to be established and the detention basin to be maintained for the life of the development.
Clause 6.4 Groundwater vulnerability The site is identified as groundwater vulnerable in accordance with Council’s mapping. No broad excavation is needed to facilitate the proposal which may penetrate the groundwater table. No significant impacts upon those matters contained within clause 6.4(3) is expected as a result of the proposed development. Given the extent of excavation, it is considered that the development would not cause groundwater contamination, adversely affect any groundwater dependent
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 74 REPORT 8.2
ecosystems, will not cumulatively impact potable water supply, and therefore no special measures, or conditions of consent would be considered necessary.
Clause 6.5 Terrestrial biodiversity The proposal is not located in any area identified as ‘Moderate or High Biodiversity Sensitivity’.
Clause 6.7 Active street frontages Not applicable. The site is not located within the area mapped as ‘Active street frontage’.
Clause 6.8 Airspace operations – Mudgee Airport The proposal will not penetrate the relevant height limits for safe operation of the Mudgee Airport.
Clause 6.9 Essential Services All essential services that are relevant to the proposal are available or will be available as a result of the proposed development.
Clause 6.10 Visually sensitive land near Mudgee The land is not located within the area identified within the visually sensitive land map.
(b) The provisions of any Development Control Plan or Council Policy – 4.15(1)(a)(iii)
Mid-Western Regional Development Control Plan 2013 (DCP 2013)
An assessment is made of the relevant chapters and sections of this DCP. Those chapters or sections not discussed here were considered not specifically applicable to this application or are discussed elsewhere in this report.
Part 5.2 Flooding As outlined under Clause 6.2 of the LEP 2012 above, the subject land includes an area affected by the Flood Planning Level being primarily over Lot 5 DP 1181765, being the 1 in 100 year flood event. Lot 5 is not however proposing future residential development and the boundary adjustment will not cause flood impacts on the site or surrounding lands.
The Stage 2 proposed subdivision will also include land that is impacted by the ‘Low Risk’ flood event, being the flood event at the Probable Maximum Flood Level (PMF). The Low Risk flood area is shown to only impact the rear portions of Lots 1 – 5 proposed. On the basis of the requirements of part 5.2 and Matrix 1 for Urban Floodplains, the DCP requires consideration towards the impact that the development may have with flooding elsewhere being in the surrounding catchment. Upon consideration of the areas of inundation for the Low Risk area and the lot sizes of the subdivision proposed, it is considered that there is the ability to accommodate sufficiently large building envelopes on each of the 5 lots impacted by the Low Risk flood event.
It will be necessary however to ensure that consideration is provided towards the sewer man holes (pits) proposed to be located within the flood impacted area along with a stormwater drainage report to address the management and concentration of stormwater to ensure that it does not exceed pre-development flows. On the basis of the above, it is considered the flooding nature of the site can be managed appropriately and will not impact the future development of the site for residential purposes.
Part 5.3 Stormwater Management Council’s Development Engineer has provided comments and conditions concerning adequate disposal of stormwater.
Part 5.4 Environmental Controls All the relevant considerations have been discussed elsewhere in this report or dealt with through conditions of consent.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.2 75
Part 7.1 Urban Subdivision DEVELOPMENT CONTROL REQUIREMENT COMPLIES? Applies to Land zoned residential; village zones; rural residential lots up to 2 hectares Land is zoned Residential Lot size Minimum lot size as determined by MWRC LEP 2012 Yes All lots have frontage to the proposed new road which will connect into the Bombira Estate Subdivision. No Access is All lots have street frontage proposed into Robert Hoddle Grove from the new residential lots. Access will be retained to future Lot 56 (being the RU4 lot of land). Approximate fall is between Lots increase in size relative to slope as follows: 0-10 degrees however the – 0-10 degrees: 600m² lots are to be 4,000m², – 10-15 degrees: 700m² complying with the – 15-20 degrees: 800m² requirements of the LEP – >20: subdivision prohibited 2012. Yes. Lots are of ample size and dimension, with 16m at All lots have 16m width at building line in residential and village zones minimum provided at the building line. Battle-axe handles in R1, R3 and RU5 Village have width of 4m Not applicable Battle-axe handles in R2 and R5 residential zones have width of 6m Not applicable Lot Design For infill subdivision lot orientation maximises solar access and takes account of Yes. Achieves adequate existing pattern of development solar access. The lots have a mixture of orientation with the majority achieving good solar For new release subdivision lot orientation maximises solar access by maximising access. The lots are of a north-south lots size conducive to erecting a dwelling with good orientation. Lots which are east-west orientated (3 only) are of a For new release subdivision east-west orientated lots have increased width and suitable size to enable midpoint future dwellings to be constructed. The development includes a majority of rectangular lots, with some that have been splayed due to the arrangement of the access Lots generally rectangular in shape road. The lots are all of sufficient size to accommodate a substantial building envelope due to the 4,000m² minimum lot size required. Lots on southern side of road provide greater frontage width for better solar Generally achieved.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 76 REPORT 8.2
DEVELOPMENT CONTROL REQUIREMENT COMPLIES? orientation of future dwelling Only attached dual occupancy development or a secondary dwelling is Corner lots have sufficient area to allow dual occupancy and independent utility permitted in the R2 Low connection points Density Residential Zone. No further subdivision of the land can occur due to the MLS of 4,000m². Street Layout and Design Assessment provided by Traffic Impact Statement submitted for 5+ lots applicant. Discussed elsewhere in report. Assessment provided by Traffic Impact Statement submitted for all subdivisions where new road required applicant. Discussed elsewhere in report. Yes, including connectivity Subdivision integrates with existing residential area with Bombira Estate to the north. New roads must provide “through road” connections to surrounding roads and road Yes, provided. heads where they exist in the locality Where cul-de-sac treatment unavoidable, pedestrian linkages between streets Good pedestrian linkages provided provided. Minimum cul-de-sacs Multiple cul-de-sacs and “no through roads” discouraged provided. With the small cul-de-sac provided, only 4 lots will Maximum number of lots in cul-de-sac is 12 lots have access to the end of the cul-de-sac. Subdivision >80 lots should not require backtracking Not applicable Road Standards for New Development Urban Road Standards required Yes The proposal will be required to connect to the footpath at the end of the 1 x 1.2m footpath, barrier kerbing existing Paige Circuit with a condition imposed accordingly. Commercial and Industrial Subdivision roads: 22m road reserve, 13m carriageway, Not applicable 2 x 4.5m nature strip, 1 x 1.2m footpath, barrier / rollover kerbing Cycle ways and footpaths A 1.2m wide footpath is Cycle ways and pedestrian networks included in new subdivisions required to be extended from Paige Circuit. The site is located on the border of a proposed 1km cycleway route which extends to the eastern If subdivision site identified in Council cycle way plan or pedestrian strategy, boundary of the site. This subdivision needs to respond to strategy however appears to already be altered by the Bombira Estate Subdivision to the north of the subject site. Yes, existing access to New subdivisions provide direct, convenient and safe access to major facilities Mudgee retained via the
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.2 77
DEVELOPMENT CONTROL REQUIREMENT COMPLIES? Bombira Estate route. Not applicable. The end of the cul-de-sac will require a detailed design to be provided to Council prior to commencement of any works relating to Cul-de-sacs may be required to include 10m wide shared overland flow/pathway stormwater flows via an easement over the allotments which will then drain into a detention basin over future lot 56 created as part of Stage 1. Developer to provide contribution to Council for installation of cycle ways and Not applicable footpaths prior to release of subdivision certificate Open Space All lots will have access via a footpath (imposed by a condition of consent) to the recreational area created as part of the Bombira Estate Subdivision. The subject lots are all located within 400m, via line of Greenfield sites >20 lots ensure that lots are <400m from local park, playground or sight, achieving compliance passive open space with the DCP requirement.
Importantly, each lot is proposed at greater than 4,000m² and ample open space area is also available onsite for passive recreation opportunities. Where on-site detention basins double as open space, must include raised level area which incorporates playground or fitness equipment etc and shading Not applicable landscaping Landscaping Landscape plan provided, detailing treatment of public domain Not applicable Land dedicated as public reserve top soiled, levelled, turfed prior to release of Not applicable subdivision certificate and maintained by developer for period of two years Street Trees Two (2) street trees provided per lot Yes, to be conditioned. Developer provides levy to Council to provide these trees after 80% of works Not applicable carried out Utility Services Lots to be connected to Servicing plan submitted showing provision of underground electricity, sewer, reticulated water, sewer, water, drainage and telecommunications to the development electricity and telecommunications/ NBN. Not applicable (small subdivision of 23 lots only). Council has however Evidence of consultation with relevant authorities submitted with application referred the application to Essential Energy as part of the provisions of clause 45 - SEPP (Infrastructure)
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 78 REPORT 8.2
DEVELOPMENT CONTROL REQUIREMENT COMPLIES? 2007.
Drainage Detailed stormwater plan and drainage design to be lodged at CC stage. As per Section 5.3 Stormwater and Drainage Concept plan adequate for development application purposes.
Part 7.2 Rural Subdivision DEVELOPMENT CONTROL REQUIREMENT COMPLIES? Applies to Rural and R5 zones Land is zoned RU4 Site Plan Site plan identifying existing vegetation, farm improvements including dwellings, sheds, dams, fences and access roads. Application should: ☐ Identify existing use of land Plan of Subdivision and ☐ Address access points/location public roads draft civil plans supplied and show all required ☐ Identify unformed roads/crown land within adjoining site details. ☐ Show easements and services ☐ Identify watercourses Lot size Lot to be created as part of Lots must be of sufficient area for dwelling house, associated buildings, services, Stage 1 boundary access, P.O.S without excessive terracing and allow maximum retention vegetation adjustment will retain all existing features. The proposed lot 56 will Minimum area for subdivision complied with? retain a minimum lot size of 20ha. RU4 – Primary Production Small Lots – Details of proposed / existing agricultural activity – Business plan prepared by suitably qualified agronomist Not applicable – Evidence of water licensing satisfactory – Evidence of commencement or intention to commence activity Services Not applicable, noting that Lots within 500m of R1-R2 zones must: existing access arrangements via Robert ☐ Have frontage to and be connected to sealed road Hoddle Grove are to be ☐ Connect to reticulated water/sewer retained.
Roads All roads to be sealed and part of sealed road network if 500m to sealed road Not applicable network Lot Design The works proposed over future Lot 56 will include New lots to minimise environmental impacts including: stormwater and civil works ☐ Soil disturbance / erosion to create a nominated ☐ Creek / waterway crossings basin to service the ☐ Tree removal residential subdivision of 23 ☐ Adequate separation distances for new / existing development Lots as part of Stage 2. The area to accommodate the basin must include an
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.2 79
DEVELOPMENT CONTROL REQUIREMENT COMPLIES? easement for future dedication of the basin over lot 56 and detailed design to be provided with the subdivision works certificate. Bushfire Prone Areas Land is not mapped as Bushfire report submitted for subdivision on bushfire prone land being bush-fire prone. Heritage No known European or Cultural heritage assessment submitted where the subdivision creates dwelling Indigenous heritage on the entitlement and overland drainage lines, ridgelines / plateaus present site. Vegetation / Flora No clearing proposed of – Evidence of consultation with CMA (and OEH for threatened species) native vegetation over – Flora report to be submitted if potential for impact on threatened species future Lot 56. Fauna If any potential impact of threatened species fauna study to be submitted with No native fauna is likely to application be impacted by the Consult with OEH if required development. Watercourses Activity approval required under the Water Management Act 2000 if development Not applicable within 40 metres Crown Roads If development proposes to use Crown road, written consent of NSW Crown Not applicable Rights of Carriageway Subdivision for where access is via right of carriageway generally not supported Not applicable Written consent of all owners required if ROCW proposed Battle-axe handle Generally not supported by Council Not applicable Maximum 2 battle-axe handles permitted Water cycle management report Required for each lot capable of on-site effluent disposal. Report must include: ☐ Nominal effluent management area ☐ Slope / aspect ☐ Other site constraints Not applicable Plan must indicate nearby watercourses with minimum buffer of 100m between EMA and perennial / intermittent creeks or minimum 40m from drainage depressions Telecommunications Are telecommunications able to be extended to service the lot? Not applicable Electricity Electricity to be provided to each lot with dwelling entitlement Alternative power supply only considered on RU1, RU4 and R5 lots where Not applicable development is >1km from grid or cost to provide electricity exceeds $30,000/lot. Covenant must be imposed on lot in this instance Land Use history Satisfactory evidence Evidence of land use history supplied (primary source preferred) provided. No further action required. Community Title Subdivision Lot density to be the same as Minimum Lot Size Map Not applicable
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 80 REPORT 8.2
(c) Provisions of any Planning Agreement or Draft Planning Agreement – 4.15(1)(a)(iiia)
No planning agreement applicable.
(d) Regulations – 4.15(1)(a)(iv)
No matters prescribed by the Regulations impact determination of the Development Application.
(f) The likely impacts of development – 4.15(1)(b)
Context and Setting & Site Design and Internal Design
The proposal is considered appropriate with regards to the surrounding context and setting and achieves the requirements of Council’s policy and planning controls.
Access, transport and traffic The implications of additional traffic and suitable access are discussed throughout this report. The proposal is considered appropriate. The application was referred to Roads and Maritime Services in accordance with Clause 101 of SEPP (Infrastructure) 2007 due to potential impacts on the classified road network, being Ulan Road which is required to be utilised for all traffic into the subdivision via Wurth Drive, Bombira Estate. The RMS advised that the traffic assessment prepared for the development application did not consider the cumulative traffic impacts associated with Bombira Estate and the subject development. Council’s Development Engineer subsequently has supported the amendments to the traffic report with no upgrades to the Ulan Road Intersection stated to be required by the proposal.
Public Domain The development will not impact the public domain in terms of recreation opportunities, the amount, location, design, use and management of public spaces, or pedestrian linkages between public spaces. The proposal does not generate the need for additional public reserves or open space with connectivity available to nearby Bombira Estate. With the additional larger sized lots, being up to 4,000m² proposed, each lot will accommodate large family homes with onsite area for gardens and landscaping.
Utilities All relevant utilities are available or can be made readily available to the site. The site is able to be connected to sewer and water, along with underground electricity and NBN which will be subject to further detailed design.
Heritage Not applicable.
Other land resources No impact expected on conserving and the use of valuable land, such as productive agricultural land, mineral or extractive resources, or water supply catchments. The land included in the boundary adjustment (proposed Lot 56) will be retained as agricultural land. Subsequently there will be no loss of RU4 zoned land for primary production.
Water No significant impact expected. No works are proposed within 40m of a watercourse.
Soils No significant impact expected. The land is not known to be affected by subsidence, slip or mass movement, subject to contamination, and will not result in significant soil erosion or degradation.
Air and Microclimate
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.2 81
The development is not expected to impact air quality or microclimatic conditions with conditions recommended to manage dust during construction activities.
Flora and Fauna The vegetation proposed to be removed has been discussed throughout this report.
Waste Waste services will be required to the subdivision and the road network must accommodate a garbage truck (including the radii of the cul-de-sac) to facilitate safe collection. A condition of consent has been recommended.
Energy Not applicable.
Noise and vibration Construction noise will be managed in accordance with the guidelines and a condition has also been imposed to restrict construction traffic via Bombira Estate and the times in which construction activities can occur.
Natural Hazards The site is identified as flood prone. This has been discussed elsewhere in the report and is able to achieve compliance with the DCP 2013.
Technological Hazards There are no known risks to people, property or the biophysical environment, resulting from technological or industrial hazards, or building fire risk.
Safety, security and crime prevention Increased passive surveillance as a result of the proposed development will occur.
Economic and Social impact in the locality Generally positive with the provision of additional housing opportunities once the subdivision is released along with jobs created during construction.
Construction Must comply with Council’s Policy and Australian Standards in accordance with the conditions of consent.
Cumulative impacts There are no cumulative impacts that have been identified by the assessment of the application which would generate the need to redesign or refuse the proposal. g) The Suitability of the Site for the Development – 4.15(1)(c)
(a) Does the proposal fit in the locality? Yes. There are no hazardous land uses or activities nearby, there are no constraints posed by adjacent developments and there are adequate utilities and transport facilities in the area available for the development.
(b) Are the Site Attributes conducive to Development? Yes. The site is not subjected to any significant natural hazards, and the project will not impact any critical habitat, threatened species, populations, ecological communities or endangered habitats on the site. h) Submissions made in accordance with Act or Regulations – 4.15(1)(d)
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 82 REPORT 8.2
Public submissions The application was advertised and neighbour notified in accordance with Community Participation Plan 2019 for a period of 14 days, ending the 15 November 2019. During the notification period, three (3) submissions were received. A copy of each submission made is provided in Attachment 2.
A further information request was made on the 9 December 2019 in relation to clarification of the easements to be retained and / or released by the proposal.
The applicant lodged amended plans on the 18 February 2020. However, the changes were only to clarify the easements per the request of Council and were not considered significant enough with regards to implications on adjoining neighbours. Therefore re-notification of the proposal was not considered necessary.
The matters raised by the public submissions and Council’s response is provided below:
Submission 1
Concern Comment To ensure that the subdivision The concept plans provided have been supported by Council’s does not adversely impact on Development Engineering Department with future detailed the development approved design to form part of the Subdivision Works Certificate. under DA0152/2015 (Bombira Estate) in particular sewer, water and stormwater. The road corridor proposed, No previous servicing arrangements have been approved over sewer and stormwater the subject site to accommodate the proposal. The proposed easements anticipate an concepts are considered to be acceptable and will be required amended configuration and to demonstrate compatibility with the subdivision approved to servicing arrangement to that the north of the site. Further detailed design is required as part previously approved. of the Subdivision Works Certificate. The development would need As noted above, further detailed design is required which has to make sure correct and been conditioned accordingly. accurate connection in both design and construction in accordance with Council policy and construction codes. It is unclear what the proposed Notification plans (2 Sheets) were provided of the development essential servicing being for the subdivision of the land including a notice placed arrangements in layout and in the paper. Concepts for servicing were lodged with the capacity are based on the application and were available to be viewed upon request. notification plans provided.
Submission 2
Concern Comment Easements not included on the It is confirmed that access to the easement shown as “AA” is plans to allow for access to the required by Council and a condition will be imposed current sewer and stormwater accordingly. sumps. Insufficient water infrastructure Council is not aware of water pressure issues within the and water pressure following immediate area that have been caused by development of Bombira Estate with grave Bombira Estate. It is recommended that the landowner request concerns for future water a water pressure test at their property to eliminate additional
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.2 83
supply and pressure with concerns within this location. increased housing. Further investigation required. Purchased 3 years ago and Council is not able to pre-determine when plans for not informed that there were developments will specifically occur as a Development plans for the land surrounding Application can be lodged at any time. It is acknowledged them. however that rezoning of the surrounding lands from ‘Rural’ to ‘Residential’ occurred prior to the writers purchase and the rezoning formed part of the Comprehensive Land Use Strategy, with the first request for amendments to the zoning made in June 2008.
Submission 3
Concern Comment Purchased land in 2013 and The rezoning of the surrounding land to the north, occurred with the knowledge that the prior to the landowners purchase in 2013, which allowed the land adjoining them was zoned subject R2 zoned land to be subdivided to 4,000m² subject to for agricultural pursuits. water and sewerage reticulation being available.
It is not clear what the The existing corridor to the rear of the land is shown as ‘AA’ is proposed corridor to the rear of identified as a Right of Carriageway and is currently in place their land is proposed for. over the subject development site. This is to be retained to the benefit of Council, as relevant. A condition must be included A condition has been included to ensure dust is managed by to monitor and increase the the contractor during works. vigilance of all contractors in reducing the effects of dust across properties. The access road between the A condition has been included to ensure that access is lots and to the existing sewer restricted during works. pump station must include a restriction that all trucks and vehicles used in construction cannot access the land via the handle between Lots or via Robert Hoddle Grove. Inclusion of plant, maintain and Due to the proposed location of the sewer easement for the protect advanced trees along lots at the boundary of Lot 56, the retaining of trees in this the entire boundary between location are a risk and may damage future infrastructure. the 23 lots and proposed Lot Conditions of consent have been recommended that will 56. require a landscaping plan prior to issue of the Subdivision Works Certificate. Street trees are also required at a rate of two (2) trees per allotment. Request to retain and protect As noted above, conditions of consent have been trees during the construction of recommended that will require a landscaping plan prior to the subdivision due to the issue of the Subdivision Works Certificate. Street trees are also trees allowing for shade and a required at a rate of two (2) trees per allotment. wind break.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 84 REPORT 8.2
The Public Interest – 4.15(1)(e)
(a) Federal, State and Local Government interests and Community interests No significant issues in the interests of the public are expected as a result of the proposed development.
CONSULTATIONS
(a) Health and Building Council's Health & Building Surveyor has not raised any concerns with the proposal, with no specific conditions imposed.
(b) Technical Services Council’s Development Engineer has provided an assessment included as Attachment 3 with recommended conditions.
(c) Heritage Advisor No consultation necessary.
(d) Access committee No consultation necessary.
DEVELOPER CONTRIBUTIONS
Section 7.11 (formerly s94) Contributions Pursuant to Council’s Development Contributions Plan 2019, the development is proposing subdivision of the land creating 3 lots into 2 (credit applied) and an additional 23 new residential lots which requires the payment of a contribution in accordance with the plan.
An appropriate condition has been imposed requiring payment of the contribution on a per lot basis as follows:
Transport Facilities $ 4,303.00 Recreation and Open Space $ 2,160.00 Community Facilities $ 628.00 Stormwater Management $ 453.00 Plan Administration $ 985.00 TOTAL PER LOT $8,529.00
This will generate no payment contribution requirement for Stage 1 (credit applied for 3 into 2 lots) and 22 lots x $8,529 for Stage 2 (totalling $187,638.00 prior to issue of the Subdivision Certificate for Stage 2).
Section 64 Contributions The proposed development is located within a water and sewer servicing area and contributions in accordance with Council’s Water and Sewer Development Servicing Plans are applicable.
Conditions are included to ensure the payment of necessary contributions calculated as follows:
Section 64 Contributions Water Headworks (1.5 ET/UNIT) $ 277,810.00 Sewer Headworks (1.05 ET/UNIT) $ 86,061.15 Total Headworks $ 363,871.15
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.2 85
The payment of Section 64 Headworks is required prior to issue of the Subdivision Certificate for Stage 2 only.
Community Plan implications
Theme Protecting Our Natural Environment Goal Protect and enhance our natural environment Strategy Ensure land use planning and management enhances and protects biodiversity and natural heritage
Strategic implications
Council Strategies Mid-Western Regional Local Environmental Plan 2012 Mid-Western Regional Development Control Plan 2013 Mid-Western Regional Contributions Plan 2019 Mid-Western Regional Development Servicing Plan
Council Policies Mid-Western Regional Community Participation Plan 2019
Legislation Mid-Western Regional Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 2000
Financial implications
Not applicable.
Associated Risks
Should Council refuse the development application, the applicant may seek a further review of this decision or appeal through the Land and Environment Court.
KAYLA ROBSON LINDSAY DUNSTAN SENIOR PLANNER MANAGER, STATUTORY PLANNING
JULIE ROBERTSON DIRECTOR DEVELOPMENT
26 February 2020
Attachments: 1. Proposed Plan Of Subdivision. 2. Submissions (Redacted). 3. Engineering Referral & Assessment.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 86 REPORT 8.2 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 8.2 – ATTACHMENT 1 87
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 88 REPORT 8.2 – ATTACHMENT 2
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 8.2 – ATTACHMENT 2 89
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 90 REPORT 8.2 – ATTACHMENT 2
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 8.2 – ATTACHMENT 2 91
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 92 REPORT 8.2 – ATTACHMENT 2
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 8.2 – ATTACHMENT 2 93
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 94 REPORT 8.2 – ATTACHMENT 2
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 8.2 – ATTACHMENT 2 95
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 96 REPORT 8.2 – ATTACHMENT 2
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 8.2 – ATTACHMENT 2 97
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 98 REPORT 8.2 – ATTACHMENT 3
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 8.2 – ATTACHMENT 3 99
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 100 REPORT 8.3
8.3 Draft Mid-Western Regional Local Strategic Planning Statement
REPORT BY THE MANAGER, STRATEGIC PLANNING TO 18 MARCH 2020 ORDINARY MEETING GOV400087, LAN900107
RECOMMENDATION
That Council:
1. receive the report by the Manager, Strategic Planning on the Draft Mid-Western Regional Local Strategic Planning Statement;
2. endorse the Draft Mid-Western Regional Local Strategic Planning Statement;
3. place the Draft Mid-Western Regional Local Strategic Planning Statement on public exhibition for 28 days in accordance with the provisions of Council’s Community Participation Plan 2019; and
4. receive a further report following the public exhibition period.
Executive summary
The purpose of this report is to seek Council endorsement to place the Draft Mid-Western Regional Local Strategic Planning Statement (Draft LSPS) on public exhibition.
The Draft LSPS outlines the vision for land use planning in the Mid-Western Region and details Planning Priorities along with Land Use Actions to achieve the Planning Priorities. The Draft LSPS is provided as Attachment 1.
The Draft LSPS is required to be placed on public exhibition for a period of at least 28 days. Following the exhibition period, any submissions received will be reviewed and a further report provided to Council outlining any recommended revisions of the document.
The final LSPS is to be endorsed by Council and placed on the NSW Planning Portal as required by NSW Department of Planning Industry and Environment no later than 1 July 2020.
The LSPS must be reviewed every seven (7) years.
Disclosure of Interest
Nil.
Detailed report
Background
In March 2018, amendments to the Environmental Planning and Assessment Act 1979 (EP&A Act) introduced new requirements for Council to prepare a Local Strategic Planning Statement. The EP&A Act now recognises the critical role of strategic land use planning in a local area.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.3 101
Council considered the Mid-Western Regional Local Environmental Health Check at the December 2019 Council meeting. The Health Check demonstrated how Council is satisfying the Directions of the Central West and Orana Regional Plan 2036 (Regional Plan). The Regional Plan is the highest order strategic land use document and has been fundamental in the drafting of the LSPS. The Regional Plan will also support future amendments to planning controls. The applicable Directions of the Regional Plan have been referenced in the draft LSPS.
Further, the drafting of the LSPS has given Council the opportunity to implement the Mid-Western Region Community Plan Towards 2030 (Community Plan Towards 2030) Strategy Items into land use actions.
The draft LSPS Planning Priorities and Land Use Actions provide the rationale for decisions about how we will use our land to achieve the community’s goals.
Community Engagement
Council developed five surveys to capture community input on Land Use Vision, Growth, Town Centres, Design Considerations and Tourism. 286 responses were received and have helped inform the preparation of the LSPS. A copy of the survey responses are provided as Attachment 2.
Draft Mid-Western Regional Local Strategic Planning Statement Vision
The Land Use Vision from Council’s Comprehensive Land Use Strategy was included in one of the surveys to determine its relevance. 84.4% of respondents stated it was relevant. Accordingly, the CLUS Land Use Vision is included in the LSPS and expanded upon.
The vision developed as part of the CLUS in 2010, provided below, remains relevant.
To provide for sustainable growth and development, having regard to the region’s unique heritage, environment and rural character, and to support agricultural enterprises and the region’s economic base.
Draft Mid-Western Regional Local Strategic Planning Statement Structure
The LSPS is presented in the following structure: 1. Introduction 2. Context 3. Land Use Vision 4. Our Themes and Planning Priorities 5. Implementation, Monitoring and Reporting
The LSPS includes 12 Planning Priorities under each of the 5 Themes of the Community Plan Towards 2030. The Planning Priorities align to the strategy items of the Community Plan Towards 2030. 30 Land Use Action Items are included that detail how the Planning Priorities will be achieved.
Public Exhibition
The Draft LSPS will be placed on public exhibition for a period of 28 days in accordance with Council’s Community Participation Plan 2019.
The Draft LSPS will be available on Council’s website, at Council’s main administration centres and an advertisement will be placed in the local newspaper.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 102 REPORT 8.3
A report will be brought back to Council to consider any submissions received during the exhibition period and to endorse the final LSPS.
Community Plan implications
Theme Looking After Our Community Goal Vibrant towns and villages Strategy Make available diverse, sustainable, adaptable and affordable housing options through effective land use planning
Strategic implications
Council Strategies Mid-Western Region Community Plan Towards 2030 Mid-Western Comprehensive Land Use Strategy 2010 Parts A, B and C
Council Policies Mid-Western Regional Community Participation Plan 2019
Legislation Mid-Western Regional Local Environmental Plan 2012. Environmental Planning and Assessment Act 1979
Financial implications
Nil.
Associated Risks
All Councils in NSW are required to have prepared a Local Strategic Planning Statement and to publish it on the NSW Planning Portal by 1 July 2020. If Council has not prepared a Local Strategic Planning Statement in accordance with Division 3.9(1) of the EP&A Act 1979 it will be breaching its legislative requirement.
SARAH ARMSTRONG JULIE ROBERTSON MANAGER, STRATEGIC PLANNING DIRECTOR DEVELOPMENT
2 March 2020
Attachments: 1. Draft Local Strategic Planning Statement. (separately attached) 2. LSPS Survey Feedback. (separately attached)
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.4 103
8.4 Monthly Development Applications Processing and Determined
REPORT BY THE DIRECTOR DEVELOPMENT TO 18 MARCH 2020 ORDINARY MEETING GOV400067,
RECOMMENDATION
That Council receive the report by the Director Development on the Monthly Development Applications Processing and Determined.
Executive summary
The report presented to Council each month is designed to keep Council informed of the current activity in relation to development assessment and determination of applications.
Disclosure of Interest
Nil.
Detailed report
Included in this report is an update for the month of February 2020 Development Applications determined and Development Applications processing. The report will detail:
• Total outstanding development applications indicating the proportion currently being processed and those waiting for further information • Median and average processing times for development applications • A list of determined development applications • Currently processing development applications and heritage applications
Community Plan implications
Theme Looking After Our Community Goal Vibrant towns and villages Strategy Maintain and promote the aesthetic appeal of the towns and villages within the Region
Strategic implications
Council Strategies Not Applicable
Council Policies Not Applicable
Legislation
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 104 REPORT 8.4
Not Applicable
Financial implications
Not Applicable
Associated Risks
Not Applicable
JULIE ROBERTSON DIRECTOR DEVELOPMENT
3 March 2020
Attachments: 1. Monthly Development Applications Processing and Determined - February 2020.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 8.4 – ATTACHMENT 1 105
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 106 REPORT 8.4 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 8.4 – ATTACHMENT 1 107
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 108 REPORT 8.4 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 8.4 – ATTACHMENT 1 109
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 110 REPORT 8.4 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.5 111
8.5 NSW Government - Bushfire Community Resilience & Economic Recovery Fund
REPORT BY THE MANAGER ECONOMIC DEVELOPMENT TO 18 MARCH 2020 ORDINARY MEETING GOV400087, GRA600041
RECOMMENDATION
That Council:
1. receive the report by the Manager Economic Development on the NSW Government’s Bushfire Community Resilience & Economic Recovery Fund;
2. accept up to $100,000 in grant funding from the NSW Government for use towards Community Resilience and Economic Recovery iniaititives;
3. authorise the General Manager to finalise and sign funding agreements with the NSW Government if funding applications are successful; and
4. amend the 2019/20 Budget to:
• increase grant funding by $100,000; and
• establish an expenditure budget for Bushfire Community Resilience & Economic Recovery activities for $100,000.
Executive summary
The NSW Government has announced that Mid-Western Regional Council is entitled to apply for $100,000 in grant funding from the NSW Government’s Bushfire Community Resilience & Economic Recovery Fund towards the activation of community resilience and economic recovery activities.
The purpose of this report is to amend Council’s Budget for the 2019/20 financial year, and to authorise the General Manager to accept the funding and sign the funding agreement and other relevant documentation.
Disclosure of Interest
Nil
Detailed report
The funding for the Bushfire Community Resilience and Economic Recovery Fund (BCRERF) is provided through the joint Commonwealth-State Disaster Recovery Funding Arrangements. Funding has been made available to bushfire affected Local Government Areas in New South Wales following unprecedented bushfires from August 2019 onwards.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 112 REPORT 8.5
This round of funding is focused on delivering immediate, small-scale funding to local councils that will start the community and economic recovery following the bushfires. The funds have been allocated to deliver locally-led recovery activities led by councils in partnership with other organisations.
It is proposed to allocate the $100,000 in funding if in the following manner based on approval from the funding body:
Proposed Event / Activity Amount
Provide funding to Mudgee Chamber of Commerce to host an event focusing on $15,000 growing business resiliance and developing strong staff culture. Provide funding to Gulgong Chamber of Commerce to host an event focusing on $15,000 supporting agricultural businesses across the region Provide funding to Kandos Rylstone Chamber of Commerce to host an event $15,000 focusing on future industries and innovation Provide funding to Mudgee Region Tourism to host an event focusing on $15,000 supporting tourism operators to improve guest experience Provide funding to Mudgee Wine Association to host an activity focusing on $15,000 suppporting wineries and cellar doors facing major vintage losses as a result of smoke tainting. Provide funding to volunteer groups to host 3 community BBQs as thank you to $15,000 volunteers who supported communities over fire period – to be hosted in Olinda, Running Stream, Rylstone Undertake a marketing campaign aimed at attracting business investment into the $10,000 region.
It is important to note, all events and activities must be completed by 30 June 2020 as terms of grant guidelines.
Community Plan implications
Theme Building a Strong Local Economy Goal A prosperous and diversified economy Strategy Support the attraction and retention of a diverse range of businesses and industries
Strategic implications
Council Strategies Council’s Towards 2030 Community Plan has a range of strategies that support economic development and community support.
Council Policies Not Applicable
Legislation Not Applicable
Financial implications
If Council accepts grant funding from the NSW Government from the Bushfire Community Resilience & Economic Recovery Fund, the 2019/20 Budget will need to be amended as follows:
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 8.5 113
• increase grant funding by $100,000; and
• set expenditure budget for Bushfire Community Resilience & Economic Recovery activities to $100,000.
Building & Operating Own Source Budget Year Infrastructure Performance Ratio Revenue Renewal
2019/20 - - Future Years - - -
Associated Risks
Not Appliciable
ALINA AZAR JULIE ROBERTSON MANAGER ECONOMIC DEVELOPMENT DIRECTOR DEVELOPMENT
4 March 2020
Attachments: 1. Guidelines - Bushfire Community Resilience and Economic Recovery Fund.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 114 REPORT 8.5 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 8.5 – ATTACHMENT 1 115
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 116 REPORT 8.5 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 8.5 – ATTACHMENT 1 117
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 118 REPORT 9.1
Item 9: Finance
9.1 Bushfire Recovery - Budgetary Requirements and Financial Relief for Affected Residents - Updated Report to Council
REPORT BY THE CHIEF FINANCIAL OFFICER TO 18 MARCH 2020 ORDINARY MEETING GOV400087, GOV400067
RECOMMENDATION
That Council:
1. receive the report by the Chief Financial Officer on the Bushfire Recovery - Budgetary Requirements and Financial Relief for Affected Residents - Updated Report to Council;
2. note the community submissions received following the last Council meeting regarding allocation of the Commonwealth Disaster Recovery, and thank the community for taking time to provide feedback on this funding;
3. amend the 2019/20 budget to allocate funds from Commonwealth Disaster Recovery Funding (DRF) to the following activities;
3.1 $250,000 granted towards private property tree "Make Safe" program;
3.2 $127,400 towards Council infrastructure recovery costs;
3.3 $120,000 towards fire protection response costs;
3.4 $90,000 towards rates relief for impacted residents;
3.5 $90,000 towards economic stimulus initiatives for impacted businesses across the region;
3.6 $50,000 towards Ilford Hall upgrades;
3.7 $50,000 granted towards Running Stream Hall upgrades;
3.8 $50,000 granted towards Olinda Hall Upgrades;
3.9 $50,000 towards the waiver of Development fees and charges and Waste charges;
3.10 $30,000 granted towards community welfare initiatives;
3.11 $30,000 towards volunteer worker initiatives;
3.12 $10,000 towards extending the bushfire liaison officer term; and
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 9.1 119
4. report the full program for the $1.275 million funding to the National Bushfire Recovery Agency.
Executive summary
On 9 January 2019 the Federal Government announced that it would provide an initial and immediate base payment of $1 million to 42 of the most severely bushfire impacted councils in New South Wales, Victoria, South Australia and Queensland to help quickly rebuild vital infrastructure and strengthen community resilience; the Mid-Western Regional Council is one of those Councils.
On the 12 February 2020, Council received notification that an additional $275,000 of bushfire recovery assistance was granted to Council, with the same spending and funding requirements as the previous $1M grant, bringing the total DRF to $1.275 million.
At the Council Meeting of 19 February 2020, Council resolved to defer finalisation of the DRF program, as requested by community representatives, and that further consultation occur with affected residents, with all submissions to be received by 6 March 2020.
Disclosure of Interest
Nil.
Detailed report
$1,275,000 COMMONWEALTH DISASTER RECOVERY FUNDING (DRF)
The conditions placed on council for the expenditure of the DRF are that:
• funding is to be spent on the projects and activities that Council deems essential for the recovery and renewal of their communities; • Council develops a Program of Works within three months; and • Council reports back to the Commonwealth in 12 months’ time.
Examples of projects and activities that are deemed essential for the recovery and renewal of the community, include:
• Rebuilding damaged or destroyed council assets such as key local roads, bridges, and community facilities; • Employing additional local staff to take on specialist recovery or planning roles to help coordinate and plan the rebuilding effort; • Hosting new public activities and events to bring communities together and attract visitors back to affected regions; and • Immediate maintenance and repairs to relief and evacuation centres.
At the extraordinary meeting of 31 January 2020 Council accepted the funding and approved the following projects under the DRF: • $50,000 to employ a Bushfire Recovery Liaison Officer to provide immediate assistance to bushfire impacted residents and communities within the Local Government Area (LGA); • $250,000 to install 11 large water tanks at strategic locations across the LGA;
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 120 REPORT 9.1
At the Council meeting on 19 February 2020, Council approved expenditure of the DRF towards the following projects: • $12,600 200 Bales stock feed; • $ 5,000 towards the Windeyer Firies & Farmers Day Out; • $10,000 towards general & minor bushfire recovery activities;
After these amounts are approved, there is a remaining DRF balance of $947,400.
COMMUNITY SUBMISSIONS
Council received submissions from the community, as summarised below:
Funding Submissions
Fiona Sim Ilford Hall, Running Stream Hall upgrades, Hall insurance Linda Doyle Olinda Hall upgrades, Hall insurance for 5 years Further clearing of trees along roads, Opposed to water tanks, clearing fence Matt Maude lines, driveways and around houses Ron Oliver Ilford Hall, Running Stream Hall upgrades, Hall insurance Make safe local roads, Water tank at Running Stream RFS, Hall Upgrades, Hall Caroline Karl electricity, waive rates, waive DA fees, Support communities directly impacted Allocate funds to impacted residents, to purchase fencing goods at local Guy Sim businesses Give money to local businesses to supply 25% discount to impacted residents, Guy Sim discounted restaurant and accommodation marketed to impacted families Clear fire impacted roads, large skip bins within community for fire clean up, Mitchell Clapham Ilford & Running Stream Halls upgraded Brett Lilley Ilford Hall, Running Stream Hall upgrades, Hall insurance Running Stream Hall Upgrades including shower block, sports field and children’s Kelly Benjamin playground Contribution to Kandos Kids & Carers Group "Care House", as a possible future Kianey Harland site for evacuated residents Daryl Chadwick Accommodation support WAVol - volunteer workers Peter Chilwell Accommodation support WAVol - volunteer workers Guy Sim, Chris Finch Desilting dams on impacted properties Tree clearing, fence replacement, waiving Council fees for rebuilding, rate relief, desilting dams, rubbish removal, community halls upgrades, community Running Stream gatherings, stock feed. Ferntree Gully Reserve Land Manager Monitoring native animals in the reserve, upgrade of unsafe stairs in the reserve. Mudgee Wine Provide support activities to local grape producers, wine makers and cellar door Association operators. Tree clearing, fence replacement, waiving Council fees for rebuilding, rate relief, desilting dams, rubbish removal, community halls upgrades, community Olinda gatherings, stock feed.
Submissions received since last months meeting to 6 March 2020 are attached to this report (Attachment 1).
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 9.1 121
RECOMMENDED PROGRAM FOR REMAINING $947,400
Commonwealth Disaster Recovery Funding
Budget Remaining Program Allocation Balance $947,400
Private property tree "Make Safe" program $250,000 $697,400 Council Infrastructure Recovery $127,400 $570,000 Initial Fire Protection Response $120,000 $450,000 Rates relief for impacted residents $90,000 $360,000 Economic stimulus initiatives $90,000 $270,000 Ilford Hall Upgrades $50,000 $220,000 Running Stream Hall Upgrades $50,000 $170,000 Olinda Hall Upgrades $50,000 $120,000 Waiver of Development Fees and Charges, and Waste Charges $50,000 $70,000 Social & community welfare initiatives $30,000 $40,000 Volunteer Workers – WAVol support $30,000 $10,000 Bushfire Liaison Officer – expand term $10,000 $0
PROGRAM DEFINITIONS
Program Definition of programmed works This program aims to assess burnt trees within impacted private properties Private property tree within the Local Government Area (LGA), and recommend a course of action "Make Safe" program and priority. Trees will then be removed in order of highest priority, until funding is exhausted. Council Infrastructure This program is to cover the costs of replacing/repairing damaged Council Recovery infrastructure, as a result of the Black Summer bushfires. Initial Fire Protection This program covers the direct cost to Council of first response fire Response protection activities, which are not funded through any other programs. This program will provide rate relief for up to 2 quarters, for any ratepayers Rates relief for impacted within the LGA whose property was directly impacted by the Black Summer residents fires (fire damage). This program is designed to fund initiatives that will stimulate the local Economic stimulus economy to assist the many businesses in the region that have been initiatives impacted by the summer fire season. This includes grape growers that lost their 2020 grape harvest to smoke damage. Ilford Hall Upgrades These funds are for hall upgrades, as prioritised by the hall committee. Running Stream Hall These funds are for hall upgrades, as prioritised by the hall committee. Upgrades Olinda Hall Upgrades These funds are for hall upgrades, as prioritised by the hall committee. This program is to cover the waiver of associated fees for rebuilding of Waiver of Development bushfire impacted buildings: Fees and Charges, and a) Development Application; Waste Charges b) Construction Certificate;
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 122 REPORT 9.1
c) Registration of a Construction Certificate with Council that is issued by a Private Certifier; d) Complying Development Certificate; e) Council appointed as a Principal Certifier undertaking inspections; f) Final Occupation Certificate; g) All plumbing and drainage inspections; h) Section 68 Application under the Local Government Act 1993; i) Section 138 Application and inspections under the Roads Act 1993; j) All archiving and associated administration fees (record search, document management); k) Bushfire Attack Level Certificates; l) Advertising and Neighbour Notification fees; m) Approval to operate an onsite sewage management system application and inspection fee; and n) waste disposal gate fees for fire affected material. This program is provided to fund initiatives that impact the welfare of Social & community bushfire impacted community members and volunteers within the region. welfare initiatives Examples are community events, mental health initiatives and peer support programs. Volunteer Workers – Funds were requested to support the WA Volunteers that are assisting to WAVol support rebuild fences within the LGA. The Bushfire Liaison Officer has been working to assist residents to access Bushfire Liaison Officer – programs and funding; and to communicate and assist in the prioritisation of expand term recovery activities managed by Council. It is recommended to extend the term of this part time role to the end of 2020.
Community Plan implications
Theme Good Governance Goal Strong civic leadership Strategy Provide accountable and transparent decision making for the community
Strategic implications
Council Strategies Operational Plan
Council Policies Not Applicable.
Legislation Local Government Act 1993
Financial implications
Any budget variation is for the allocation of existing budgeted funding, therefore the net impact is neutral.
Associated Risks
There is a risk, that if a decision is not made at the March Council meeting, Council will be unable to meet the funding condition to develop a Program of Works within three months, and report back
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 9.1 123
to the National Bushfire Recovery Agency. This will jeopardise the funding and may result in Council having to return funds.
LEONIE JOHNSON ALAYNA GLEESON CHIEF FINANCIAL OFFICER BUSHFIRE LIAISON OFFICER
20 February 2020
Attachments: 1. Bushfire Funding Submissions_Redacted.pdf. (separately attached)
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 124 REPORT 9.2
9.2 Mudgee Showground Loan Facility
REPORT BY THE MANAGER FINANCIAL PLANNING TO 18 MARCH 2020 ORDINARY MEETING GOV400087, FIN300030
RECOMMENDATION
That Council:
1. receive the report by the Manager Financial Planning on the Mudgee Showground Loan Facility;
2. endorse the repayment of the remaining balance of the Mudgee Showground Loan Facility with National Australia Bank, being the amount of $681,399.45, funded by unrestricted cash;
3. amend the 2019/20 Budget to remove the borrowing of $681,399 to fund the refinance of the Mudgee Showground Loan Facility; and
4. notify the Chief Executive of the Office of Local Government NSW with an amended Borrowings Return.
Executive summary
Council’s loan facility to redevelop Mudgee Showground in 2010 is due to expire on 28 April 2020. This report discusses the options of repaying or refinancing this loan.
Disclosure of Interest
Nil.
Detailed report
In 2010 Mid-Western Regional Council borrowed $1,000,000 from National Australia Bank to fund redevelopment of the Mudgee Showground. On 28 April 2020 this loan facility will expire with a balance owing of $681,399.45.
The term of this loan was intended to be for 20 years, however due to the global financial instability at that time banks altered their lending arrangements. This meant that Council agreed to enter into a 10 year loan term with a loan amortisation period of 20 years. As a result refinancing was required after 10 years.
Council now has the option to payout the remaining balance or refinance.
Repayment of balance
As Council currently has sufficient cash and investment balances to make this repayment, refinancing would incur an unnecessary opportunity cost. This conclusion is based on current borrowing rates being at a higher interest rate than what Council could earn income at. Refinancing
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 9.2 125
would also incur administrative costs to source quotes, report back to Council, arrange and execute loan documents.
This loan balance made up approximately 22% of General Fund borrowings outstanding as at 30 June 2019.
Due to the factors described above it is recommended that Council make repayment of the remaining loan balance, being $681,399.45, by 28 April 2020.
Refinance
The alternative to the recommendation to repay the loan balance is to refinance. This would allow funds to be redirected to other priorities however it is estimated it will be an increased cost to Council over the loan term.
Indicative rates to refinance on a semi-annual basis with a credit foncier style payment of principal and interest are set out below:
Term Interest Rate (%) Estimated Interest & Repayments ($) Fees ($) 10 years 2.67 99,600 39,050 8 years 2.50 102,600 49,000 5 years 2.31 44,010 72,541
Rates provided are indicative rates with no rate lock-in supplied. This means that rates are open to market movement between the time this report was prepared and proceeding to obtain more quotes if that is the Council decision.
Community Plan implications
Theme Good Governance Goal An effective and efficient organisation Strategy Prudently manage risks association with all Council activities
Strategic implications
Council Strategies Not applicable.
Council Policies Borrowing Policy – the recommendation and alternative recommendation both meet the Borrowing Policy requirements.
Legislation Section 377(1) (f) of the Local Government Act 1993 stipulates that Council cannot delegate the borrowing of money to the General Manager.
Local Government (General) Regulation 2005 – Reg 229 states that: The repayment of money borrowed by a council (whether by way of overdraft or otherwise), and the payment of any interest on that money, is a charge on the income of the council.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 126 REPORT 9.2
Financial implications
The repayment of this loan rather than refinance will eliminate future borrowing costs and therefore improve the Operating Performance Ratio. Other ratios of significance in the case are discussed below.
Debt service cover ratio – This ratio measures the availability of operating cash to service debt including interest, principal and lease payments.
Repayment of this loan facility will improve this ratio.
The General Fund Result at 30 June 2019 was 8.65x. The Code of Accounting Practice and Financial Reporting benchmark was >2.00x
Unrestricted current ratio – This ratio assess the adequacy of working capital and its ability to satisfy obligations in the short term for the unrestricted activities of Council.
Repayment of this loan facility will deteriorate the unrestricted current ratio, however adequate unrestricted cash is available to meet this repayment.
The General Fund result at 30 June 2019 was 4.31x. The Code of Accounting Practice and Financial Reporting benchmark was >1.50x
Building & Operating Own Source Budget Year Infrastructure Performance Ratio Revenue Renewal
2019/20 - - Future Years - -
Associated Risks
Should Council proceed to refinance the risk of interest rate increases is managed by entering into a fixed rate loan.
NEIL BUNGATE LEONIE JOHNSON MANAGER FINANCIAL PLANNING CHIEF FINANCIAL OFFICER
24 February 2020
Attachments: Nil
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 9.3 127
9.3 Request for public reserve naming in Rylstone
REPORT BY THE PROPERTY SUPPORT OFFICER TO 18 MARCH 2020 ORDINARY MEETING GOV400087, PAR300020 P14664 P22086
RECOMMENDATION
That Council:
1. receive the report by the Property Support Officer on the Request for public reserve in Rylstone in memory of Bill Staff; and
2. approve the site identified as Lots 7013 & 7014 DP 1023898 and Lots 9 & 10 Sec 2B DP 758891 as the park to be named.
Executive summary
From submissions received, Council approved the naming of a park or public reserve in Rylstone in memory of Bill Staff at their 11 December 2019 Council meeting. The first step is to choose a location before commencing the naming process.
Disclosure of Interest
Nil.
Detailed report
At their 11 December meeting, Mid-Western Regional Council formally approved the name of John Hawkins Bridge for the bridge over the Cudgegong River in Rylstone. During the public consultation period for the naming of this bridge Council received several submissions in relation to another worthy Rylstone resident, Bill Staff. A motion to name one of the nearby public reserves in honour of Mr Staff was carried at the meeting.
There are two public reserves located near the newly named bridge. The first is located on Lot 7300 DP 1140929, which is found between the Cudgegong River and Tongbong Road south west of the bridge. The second is located over Lots 7013 & 7014 DP 1023898 and Lots 9 & 10 Section 2B DP 758891, which are found between the Cudgegong River and Louee Street, north east and south east of the bridge.
Council wrote to those who made submissions for Bill Staff on 20 December 2019 requesting their preference in relation to the location of a prospective Bill Staff Park. Public consultation was also invited in an advertisement placed in the February 2020 issue of Community Capers and the 24 January 2020 issue of the Mudgee Guardian. Submissions closed on the 21 February 2020. During this period 3 submission were received.
Submission from Roslyn Jeffrey indicated her preference for the public reserve located on Lot 7001 DP 1023891 which has already been named Rylstone Rotary Park.
Submission from Conrad Staff on behalf of the Staff family indicated preference for the public reserve located on Lots 7013 & 7014 DP 1023898 and Lots 9 & 10 Section 2B DP 758891.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 128 REPORT 9.3
Submission from Rylstone Historical Society indicated their preference for the public reserve located on Lot 7300 DP 1140929.
The recommended location is the preference of the Staff family. Once the location has been approved Council staff will commence the naming process for this park.
Community Plan implications
Theme Looking After Our Community Goal Vibrant towns and villages Strategy Maintain and promote the aesthetic appeal of the towns and villages within the Region
Strategic implications
Council Strategies Not applicable.
Council Policies Not applicable.
Legislation Not applicable.
Financial implications
Not applicable.
Associated Risks
Nil.
CAROLYN ATKINS LEONIE JOHNSON PROPERTY SUPPORT OFFICER CHIEF FINANCIAL OFFICER
27 February 2020
Attachments: 1. Submission. 2. Submission. 3. Submission. 4. Map.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 9.3 – ATTACHMENT 1 129
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 130 REPORT 9.3 – ATTACHMENT 2
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 9.3 – ATTACHMENT 3 131
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 132 REPORT 9.3 – ATTACHMENT 4
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 9.4 133
9.4 Naming of new streets in a subdivision off Saleyards Lane, Mudgee
REPORT BY THE PROPERTY SUPPORT OFFICER TO 18 MARCH 2020 ORDINARY MEETING GOV400087, R0790141 P23701
RECOMMENDATION
That Council:
1. receive the report by the Property Support Officer on the naming of new streets in a subdivision off Saleyards Lane, Mudgee; and
2. name these streets Marskell Circuit and Croake Way.
Executive summary
A new subdivision off Saleyards Lane in Mudgee includes two new streets. Addressing requirements for the new subdivision will necessitate the naming of these new streets.
Disclosure of Interest
Nil.
Detailed report
Council, being the Roads authority, is required to name new or unnamed streets and roads. The purpose of this report is to provide a list of names submitted by the public from which Council can choose names for these new streets.
Council wrote to the neighbours of the subdivision on 17 January 2020 requesting their naming suggestions. Public consultation was also invited in an advertisement placed in the 24 January 2020 issue of the Mudgee Guardian. Submissions closed on 14 February 2020 and during this period one response was received with the following names suggested.
• Marskell • Crossing
Two previously approved names for new streets in the Bombira Estate subdivision have become available due to changes to that subdivision plan. Both names have been approved by Council. These name are:
• Croake • Goodlet
The Geographical Names Board has been advised of the possible street names and approved Goodlet on 3 February 2015 and Croake on 26 May 2015. Crossing will not be approved due to duplication with Crossings Road in the locality of Menah. The name of Marskell was submitted and has been approved.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 134 REPORT 9.4
The recommended name of Marskell relates to Christopher Edward ‘Ted’ Marskell (1907-1999) who was born at Murragamba between Ulan and Wollar and spent his early life working as a drover and shearer but his passion always lay in the saleyards. He moved to Mudgee in 1945 and worked as a stock and station agent and in 1955 purchased his own stock agency and was an auctioneer at saleyards across the region for 45 years. Ted was a well-known personality locally and was a witness and contributor to the rise of the stock and station industry in our region.
The recommended name of Croake relates to the Croake Family who came from Ireland to settle in the Pyramul district in 1846. Several generations have been award winners in super fine merino wool.
Street naming is legislated under the Roads Act 1993. This Act empowers the authority in charge of the road with the rights to name it. The naming of these new streets will allow the completion of street addressing within this new subdivision. Section 162 of the Roads Act (1993) states that “a road authority may name and number all public roads for which it is the authority. A roads authority may not alter the name of a public road unless it has given the Geographical Names Board (GNB) at least two months’ notice of the proposed name.”
In accordance with Council’s Road, Bridge and Place Naming Policy, the names that Council endorses for these streets will be:
1. Advertised in the Mudgee Guardian inviting submissions in writing from the public for a period of 21 days. 2. Concurrently, notice of the proposed name will be sent to Australia Post, the Registrar General, the Surveyor General, the Chief Executive of the Ambulance Service of NSW, New South Wales Fire Brigades, the NSW Rural Fire Service, the NSW Police Force, the State Emergency Service, the New South Wales Volunteer Rescue Association Inc., and, in the case of a classified road – Roads and Maritime Services, inviting submissions in writing for a period of 14 days.
At the expiration time for the lodgement of submissions, a further report will be prepared for Council addressing any submissions received and recommending the formal adoption of the proposed street names, and Gazettal of the new street names.
Community Plan implications
Theme Connecting Our Region Goal High quality road network that is safe and efficient Strategy Provide traffic management solutions that promote safer local roads and minimise traffic congestion
Strategic implications
Council Strategies Not applicable.
Council Policies Road, Bridge & Place Naming Policy
Legislation The Roads Act, 1993. Road Regulation 2008. Geographical Names Act, 1996.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 9.4 135
Financial implications
Cost and installation of three street signs. Two for Croake Way located at the intersection with Saleyards Lane and the second unnamed street, and one for Marskell Circuit at the intersection of the two unnamed streets. The costs of which will be met by the developer.
Associated Risks
Nil.
CAROLYN ATKINS LEONIE JOHNSON PROPERTY SUPPORT OFFICER CHIEF FINANCIAL OFFICER
27 February 2020
Attachments: 1. GNB Letter dated 3/2/2015. 2. GNB Letter dated 26/5/2015. 3. GNB email dated 28/2/20. 4. GNB Letter 200220 (signed). 5. Submission. 6. Submission. 7. Submission. 8. Submission. 9. Map.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 136 REPORT 9.4 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 9.4 – ATTACHMENT 2 137
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 138 REPORT 9.4 – ATTACHMENT 3
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 9.4 – ATTACHMENT 4 139
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 140 REPORT 9.4 – ATTACHMENT 4
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 9.4 – ATTACHMENT 5 141
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 142 REPORT 9.4 – ATTACHMENT 6
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 9.4 – ATTACHMENT 6 143
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 144 REPORT 9.4 – ATTACHMENT 7
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 9.4 – ATTACHMENT 8 145
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 146 REPORT 9.4 – ATTACHMENT 9
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 9.5 147
9.5 Naming of new roads in a subdivision off George Campbell Drive in Eurunderee
REPORT BY THE PROPERTY SUPPORT OFFICER TO 18 MARCH 2020 ORDINARY MEETING GOV400087, R0790041 P 23468
RECOMMENDATION
That Council:
1. receive the report by the Property Support Officer on the naming of new roads in a subdivision off George Campbell Drive in Eurunderee; and
2. name these roads Yoyang Close, Murrang Close, Wirrang Close and Wangarang Close.
Executive summary
A new subdivision off George Campbell Drive at Mudgee Airport in Eurunderee includes four new roads. Addressing requirements for the new subdivision will necessitate the naming of these new roads.
Disclosure of Interest
Nil.
Detailed report
Council, being the Roads authority, is required to name new or unnamed streets and roads. The purpose of this report is to provide a list of names submitted by the public from which Council can choose names for these new roads.
Council wrote to the neighbours of the subdivision on 16 January 2020 requesting their naming suggestions. Council also advised their proposal to utilise names from Council’s Pre-Approved Names List. These names selected have been approved by Council and are as follows:
• Yoyang • Wirrang • Murrung • Wangarang
Public consultation was also invited in an advertisement placed in the 24 January 2020 issue of the Mudgee Guardian. Submissions closed on 14 February 2020 and during this period no responses were received.
The Geographical Names Board approved the names of Yoyang, Wirrang, Murrung and Wangarang on 15 February 2018.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 148 REPORT 9.5
The recommended names of Yoyang, Wirrang, Murrung and Wangarang are of Aboriginal origin from the Wiradjuri language and are relevant to Mudgee districts flora/fauna. Individual meanings of these names researched from the Wiradjuri Tribe dictionary are as below:
• Yoyang – Black Cockatoo • Wirrang – Rock Wallaby • Murrung – Grey Box • Wangarang – Tortoise
Street naming is legislated under the Roads Act 1993. This act empowers the authority in charge of the road with the rights to name it. The naming of these new roads will allow the completion of addressing within this new subdivision. Section 162 of the Roads Act (1993) states that “a road authority may name and number all public roads for which it is the authority. A roads authority may not alter the name of a public road unless it has given the Geographical Names Board (GNB) at least two months’ notice of the proposed name.”
In accordance with Council’s Road, Bridge and Place Naming Policy, the names that Council endorses for these roads will be:
1. Advertised in the Mudgee Guardian inviting submissions in writing from the public for a period of 21 days. 2. Concurrently, notice of the proposed name will be sent to Australia Post, the Registrar General, the Surveyor General, the Chief Executive of the Ambulance Service of NSW, New South Wales Fire Brigades, the NSW Rural Fire Service, the NSW Police Force, the State Emergency Service, the New South Wales Volunteer Rescue Association Inc, and, in the case of a classified road – Roads and Maritime Services, inviting submissions in writing for a period of 14 days.
At the expiration time for the lodgement of submissions, a further report will be prepared for Council addressing any submissions received and recommending the formal adoption of the proposed road names, and Gazettal of the new road names.
Community Plan implications
Theme Connecting Our Region Goal High quality road network that is safe and efficient Strategy Provide traffic management solutions that promote safer local roads and minimise traffic congestion
Strategic implications
Council Strategies Not applicable.
Council Policies Road, Bridge & Place Naming Policy.
Legislation The Roads Act, 1993 Road Regulation 2008 Geographical Names Act, 1996.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 9.5 149
Financial implications
Cost and installation of four street signs. A street sign for Yoyang Close located at the intersection with George Campbell Drive. A street sign for Wirrang Close located at the start of the road within perimeter fencing. A street sign for Murrung Close located at the start of the road within perimeter fencing, and a street sign for Wangarang Close located at the start of road within the perimeter fencing.
Associated Risks
Nil.
CAROLYN ATKINS LEONIE JOHNSON PROPERTY SUPPORT OFFICER CHIEF FINANCIAL OFFICER
27 February 2020
Attachments: 1. GNB letter dated 15/2/2018. 2. Submission. 3. Map.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 150 REPORT 9.5 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 9.5 – ATTACHMENT 1 151
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 152 REPORT 9.5 – ATTACHMENT 2
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 9.5 – ATTACHMENT 2 153
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 154 REPORT 9.5 – ATTACHMENT 2
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 9.5 – ATTACHMENT 3 155
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 156 REPORT 9.6
9.6 Supply and Delivery of Readymix Concrete - Contract Amendments
REPORT BY THE TENDERING AND CONTRACTS OFFICER TO 18 MARCH 2020 ORDINARY MEETING GOV400087, COR400251
RECOMMENDATION
That Council:
1. receive the report by the Tendering and Contracts Officer on the Supply and Delivery of Readymix Concrete - Contract Amendments;
2. accept amended conditions of contract submitted by Boral Resources; and
3. delegate authority to the General Manager to negotiate with Mudgee Mini Mix & Landscaping Pty Ltd.
Executive summary
Organisationally, Council procures bulk concrete for supply and delivery across our Local Government Area (LGA). The sheer geographical size that makes up our region, often proves a challenge due to the nature of the product, its’ short shelf life and associated spend.
Based on this, a recent tender was undertaken with the goal in mind to attract all local suppliers for participation. At Council’s ordinary meeting 20 November 2019, minute number 360/19 - Three (3) suppliers were approved as prequalified in accordance with Clause 178(1)(b) of Local Government (General) Regulations 2005.
Following this resolution, Council seeks ratification of any/all amendments to this agreement
Disclosure of Interest
Nil
Detailed report
An open tender process in accordance with Section 55 of the Local Government Act 1993 was undertaken for the establishment of a panel of prequalified suppliers for the supply and delivery of readymix concrete.
The terms of the contract were for the supply and delivery of Readymix Concrete for a three (3) year term. This contract does not provide the opportunity for suppliers to rise and/or fall their tendered values, however, it does allow for Consumer Price Index (CPI) increases to the original tendered rates each year.
The Tender was released to the market on 2 September and closed 30 September, yielding a total of three (3) responses:
Boral Resources (Country) Pty Ltd
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 9.6 157
J & SK Kuchta Pty Ltd Mudgee Mini Mix & Landscaping Pty Ltd
Conforming Tenders: Two (2) submissions were deemed non-conforming on the basis of mandatory requirements. This could be attributed to the suppliers tendering inexperience. Based on this, Council provided an additional two (2) days to provide the necessary requirements enabling all parties to become conforming.
Evaluation Methodology: The objective of the evaluation was to form a prequalified panel of Service Providers offering high quality service. The main measurable for inclusion was meeting the mandatory requirements / compliance outlined in the request for tender.
Evaluation Findings: The submissions received from all tenderers adhere to Councils mandatory requirements / compliance.
Further integration of the tendered rates reveal that no singular tendered rate exceeded a +/- 30% threshold when compared to the average.
This level of investigation was used as a measure of ensuring that Service Providers did not highlight risk of an over inflated price or a price which conversely was uncharacteristically low, thus offering the best outcome for Council.
Contract Execution These tenderers were engaged via Council’s Goods and Service General Conditions of Contract.
Council with legal advice modified our Standard conditions of contract for the supply of Goods & Services to adopt the new provisions for small business. On 12 November 2016, a new law to protect small businesses from unfair terms in business-to-business standard form contracts took effect across Australia. Council included this contract in the Wet & Dry Tender. One Tenderer Boral requested changes to accommodate their multi-national scale of operation. Those amendments were made to recognise the quality control systems and operations that exist in this large business as opposed to the smaller often family managed businesses council also undertakes business with.
Boral Resources (Country) Pty Ltd Upon execution of Council’s Goods and Service General Conditions of Contract, Boral Resources (Country) Pty Ltd presented a number of departures from the original terms and conditions. These departures related to the incompatible nature of the contract v’s Boral Resources (Country) Pty Ltd who is a multinational organisation.
A list of Boral Resources (Country) Pty Ltd departures are contained in confidential attachment 1.
J & SK Kuchta Pty Ltd Were successfully engaged via Council’s Goods and Service General Conditions of Contract.
Mudgee Mini Mix & Landscape Council requests delegation approval for the General Manager to negotiate with Mudgee Mini Mix & Landscape on the basis of the contractor misunderstanding the tender terms and rules for engagement. The intension is to maintain Mudgee Mini Mix on the available list
Mudgee Mini Mix & Landscape terms of negotiation are contained in confidential attachment 2.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 158 REPORT 9.6
Community Plan implications
Theme Good Governance Goal An effective and efficient organisation Strategy Prudently manage risks association with all Council activities
Strategic implications
Council Policies Procurement Policy
Legislation Local Government Act 1993 Local Government (General) Regulations 2005 Competition and Consumer Act 2010 (CCA) Australian Consumer Law (ACL)
Financial implications
The rates obtained under this contract will form a prequalified panel contract, and funds for this work are available in the operating budget. No budget variations are recommended in this report.
Associated Risks
If this contract is not formed, Council would have to seek exemption from tender and procurement of ready mix concrete would be unlikely to provide best value for Council.
ALISON CAMERON KRISTIE WARD TENDERING AND CONTRACTS OFFICER PROCUREMENT MANAGER
LEONIE JOHNSON CHIEF FINANCIAL OFFICER
2 March 2020
Attachments: 1. Attachment 2 - Mudgee Mini Mix & Landscaping Pty Ltd.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 9.6 – ATTACHMENT 1 159
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 160 REPORT 9.7
9.7 Monthly Statement of Investment and Bank Balances as at 29 February 2020
REPORT BY THE MANAGER FINANCIAL PLANNING TO 18 MARCH 2020 ORDINARY MEETING GOV400087, FIN300053
RECOMMENDATION
That Council:
1. receive the report by the Manager Financial Planning on the Monthly Statement of Investment and Bank Balances as at 29 February 2020; and
2. note the certification of the Responsible Accounting Officer.
Executive summary
The purpose of this report is to certify that Council’s investments have been made in accordance with legal and policy requirements, provide information on the detail of investments and raise other matters relevant to Council’s investment portfolio as required.
Disclosure of Interest
Nil
Detailed report
The attachment to this report provides information on the performance of the portfolio and provides a register of all investments held as at 29 February 2020.
Community Plan implications
Theme Good Governance Goal An effective and efficient organisation Strategy Prudently manage risks association with all Council activities
Strategic implications
Council Strategies Not applicable.
Council Policies Council’s Investments Policy requires a written report each month setting out the entire investment portfolio.
Legislation
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 9.7 161
As per Clause 212 of the Local Government (General) Regulation 2005, the Responsible Accounting Officer certifies that:
a) this report sets out details of all money that the Council has invested under Section 625 of the Act, and
b) all investments have been made in accordance with the Act, the regulations and Council's investment policies.
Financial implications
Not applicable
Associated Risks
Not applicable
NEIL BUNGATE LEONIE JOHNSON MANAGER FINANCIAL PLANNING CHIEF FINANCIAL OFFICER
3 March 2020
Attachments: 1. Investment Report 29 February 2020.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 162 REPORT 9.7 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 9.7 – ATTACHMENT 1 163
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 164 REPORT 9.7 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 9.7 – ATTACHMENT 1 165
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 166 REPORT 9.8
9.8 Exemption from Tendering - Workshop Procurement, Automotive Original Equipment Manufacturer (OEM) or their approved Agents/Sub-Contractors
REPORT BY THE TENDERING AND CONTRACTS OFFICER TO 18 MARCH 2020 ORDINARY MEETING GOV400087, COR400254
RECOMMENDATION
That Council:
1. receive the report by the Tendering and Contracts Officer on the Exemption from Tendering - Workshop Procurement, Automotive Original Equipment Manufacturer (OEM) or their approved Agents/Sub-Contractors;
2. approve an exemption from tender, in accordance with Section 55(3)(I) of the Local Government Act 1993, for the purchase of goods and services as mandated by Original Equipment Manufacturers (OEM) for the maintenance and repairs of Council’s fleet network;
3. approve an exemption timeframe of 10 years, after which time the continued need for this exemption will be assessed and another report brought back to council, if required; and
4. note that staff will consider alternative solutions where the vehicle manufacturer allows for non-genuine parts or service to be undertaken, to achieve optimal value for money.
Executive summary
This report seeks to provide Council with a prequalified panel of suitable suppliers to cover a wide range of prescribed automotive manufacturer’s specified services for OEM goods, in order to uphold the Manufacturers Vehicle Warranty on Council’s Fleet. An exemption from Tender is required, as the prescribed services and goods are stipulated, and only specific agents or sub- agents can supply them, limiting the available market so that a tender would not be beneficial
By accepting this recommendation to exempt tendering for the above services, the workshop will be able to provide a more efficient service to our internal customers and the wider community with reduced downtime of plant.
Disclosure of Interest
Nil.
Detailed report
Tendering Requirements
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 9.8 167
Section 55 of the Local Government Act stipulates that Tenders are required for spend estimated to exceed $250,000 including the formation of a prequalified panel of suitable suppliers to cover a wide range of prescribed automotive manufacturer’s specified services.
With Council’s fleet extensive plant/fleet portfolio being purchased brand new, there is stipulations set by the manufacturer as to what parts and repairers can work on their items of plant/fleet for the term of the warranty and/or life of plant depending on the services required.
In the majority of cases, these prescribed services must be undertaken by an Original Equipment Manufacturer or their approved Agent/Subcontractor to uphold the Manufacturers Vehicle Warranty. Historically speaking, the value of the prescribed services requires multiple quotes to align with Council’s Procurement Policy or seek an exemption from the CFO or General Manager. This process causes confusion amongst both staff and our services providers due to the contractual requirements of using OEM’s and their agents/subcontractors. It also proves both financial and time inefficiency within the organisation.
Councils Fleet Management Council’s workshop facilitate the maintenance of its network of fleet, of which, extends to over four hundred and fifty three (453) individual items of plant.
This complex and diverse range of plant is represented by a total of forty nine (49) different manufacturers.
In the past three years, in excess of two hundred and fifteen creditors have been engaged for the supply of relevant parts and/or services to maintain this network of fleet, with an overall spend of $3,291,733.
Based on this level of spend, Council has investigated the effectiveness of undertaking a tender process to ensure the integrity of the Procurement Policy is upheld.
This investigation has raised the difficultly of procurement, specifically for automotive OEMs or use of their approved Agents/Subcontractors. Automotive OEM or their approved Agents/Subcontractors are those agencies prescribed by a vehicle manufacturer as authorised (licenced) to undertake service or parts supply on a desired item of plant. In most cases these directions are linked to the continuance of the manufactures warranty - acting outside of the approved repairer or approved OEM will normally lead to manufacture warranties being voided. This type of procurement only makes up a portion of Councils total spend.
Due to this nature, often Council’s ability to obtain multiple quotations is unachievable or unavailable as most vehicle manufactures have set prices for OEM parts and service, and in most instances will direct Council to the approved agent or subcontractor to undertake the required works.
In some instances, vehicle manufacturers may allow for non-genuine parts or service to be undertaken (e.g. filters, windscreens and tyres). In these cases, Council staff will ensure to consider alternative solutions to achieve greatest value for the community’s money and align with the requirements of the Procurement Policy.
Exemption Term The procurement specification of Council’s fleet (per individual fleet item) will be expanded immediately to include the coverage of all automotive OEM services for the life of the plant, therefore improving the process and ensuring an exemption should not be required beyond the life of existing fleet items. It is expected that a significant timeframe of ten years for heavy plant and up to eight years for Council’s light fleet will be required to be covered by the implementation of this new measure during replacement – hence, a recommendation for exemption for 10 years.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 168 REPORT 9.8
Community Plan implications
Theme Good Governance Goal An effective and efficient organisation Strategy Pursue efficiencies and ongoing business improvement
Strategic implications
Strategies and Plans Not Applicable.
Council Policies Procurement Policy
Legislation Local Government Act 1993 Local Government (General) Regulations 2005
Financial implications
Not Applicable.
Associated Risks
If this recommendation is not adopted, then Council will be in breach of its Procurement Policy and furthermore, Section 55(3)(I) of the Local Government Act 1993.
ALISON CAMERON KRISTIE WARD TENDERING AND CONTRACTS OFFICER PROCUREMENT MANAGER
LEONIE JOHNSON CHIEF FINANCIAL OFFICER
17 February 2020
Attachments: Nil
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 9.9 169
9.9 Monthly Budget Review - February 2020
REPORT BY THE MANAGER FINANCIAL PLANNING TO 18 MARCH 2020 ORDINARY MEETING GOV400087, FIN300201
RECOMMENDATION
That Council
1. receive the report by the Manager Financial Planning on the Monthly Budget Review - February 2020;
2. note that the General Manager used the emergency delegation conveyed to him at 3.1 of his delegation to authorise:
a. $160,000 on natural disaster, flooding expenditure across local sealed and unsealed roads;
b. $22,000 additional spend on the Rylstone Kandos Preschool upgrade; and
3. amend the 2019/20 budget to:
a. allocate an expenditure budget of $200,000 to repair high priority flood damage on local roads, funded from unrestricted cash;
b. increase the expenditure budget at the Rylstone Kandos Preschool by $22,000 to be funded from unrestricted cash; and
4. amend the 2019/20 budget in accordance with the variations as listed in the Monthly Budget Review attachment to this report.
Executive summary
This report provides Council with information on the progress of the 2019/20 capital works program as at 29 February 2020.
Disclosure of Interest
Nil.
Detailed report
Over the period of the financial year, Council has an opportunity to review and approve variances to the Budget.
GENERAL MANAGER EMERGENCY DELEGATION USE
Due to recent flood events in February 2020, Council has had material damage to its local roads, particularly unsealed roads in the west of the LGA. Immediate repairs have been carried out to provide access through roads that were unpassable, and unsafe. Council has applied for Natural
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 170 REPORT 9.9
Disaster funding, but at the time of writing this report, had not heard whether a natural disaster has been declared for these flood events. Damage is currently estimated to be about $2.3 million of infrastructure impairment. After works are estimated and prioritised, a budget will be recommended to Council for further repair works.
Council has uncovered friable asbestos on the Rylstone Kandos Preschool site that requires removal. Removal of the friable asbestos is deemed a community safety requirement, and approval for the works to proceed was granted on the 20 February 2020, by the Acting General Manager. This additional, out of scope work may result in the Rylstone Kandos Preschool upgrade project going over budget by up to $22,000. This notice is provided, as required by the General Managers delegations.
General Manager’s delegation excerpt:
3. Limitations in this delegation:- 3.1.a To authorise any work at a cost not exceeding $100,000, which in the General Manager’s opinion is necessary to respond to an emergency, community safety issue or potential public liability issue. Any such expenditure must be reported immediately to the Mayor and to the next ordinary meeting of the Council.
3.1.b To authorise any work at a cost not exceeding $250,000, which in the General Manager’s opinion is necessary to respond to a S44 fire event or a declared natural disaster. Any such expenditure must be reported immediately to the Mayor and to the next ordinary meeting of the Council.
Community Plan implications
Theme Good Governance Goal An effective and efficient organisation Strategy Prudently manage risks association with all Council activities
Strategic implications
Council Strategies Not applicable.
Council Policies Not applicable.
Legislation Clause 202 of the Local Government (General) Regulation 2005, states that the responsible accounting officer of a Council must: a) establish and maintain a system of budgetary control that will enable the council’s actual income and expenditure to be monitored each month and to be compared with the estimate of council’s income and expenditure, and b) if any instance arises where the actual income or expenditure of the council is materially different from its estimated income or expenditure, report the instance to the next meeting of Council.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 9.9 171
Financial implications
Additional operational expenditure on local roads and asbestos clean up will negatively impact the Operating Performance Ration, and additions to Council buildings (Monthly report variations) will increase depreciation and negatively impact the Building & Infrastructure Renewal ratio for future years.
Building & Operating Own Source Budget Year Infrastructure Performance Ratio Revenue Renewal
2019/20 - - Future Years - -
Associated Risks
Not applicable.
NEIL BUNGATE LEONIE JOHNSON MANAGER FINANCIAL PLANNING CHIEF FINANCIAL OFFICER
4 March 2020
Attachments: 1. Monthly Budget Review Attachment - February 2020.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 172 REPORT 9.9 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 9.9 – ATTACHMENT 1 173
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 174 REPORT 9.9 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 9.9 – ATTACHMENT 1 175
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 176 REPORT 9.9 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 9.9 – ATTACHMENT 1 177
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 178 REPORT 9.9 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 9.9 – ATTACHMENT 1 179
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 180 REPORT 9.9 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 9.9 – ATTACHMENT 1 181
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 182 REPORT 9.9 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 9.9 – ATTACHMENT 1 183
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 184 REPORT 9.9 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 9.9 – ATTACHMENT 1 185
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 186 REPORT 9.9 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 10.1 187
Item 10: Operations
10.1 Wet & Dry Plant Hire 2021-20, Amendment
REPORT BY THE MANAGER WORKS TO 18 MARCH 2020 ORDINARY MEETING GOV400087, COR400248
RECOMMENDATION
That Council:
1. receive the report by the Manager Works on the Wet & Dry Plant Hire 2021-20, Amendment;
2. delegate the authority to the General Manager to accept any additional service providers seeking inclusion to the Tender 2019/33 for the provision of Wet and Dry Plant Hire during the term of this contract
3. correct the spelling of the contractor noted as P & J Andrews Engineering Bobcat and Tipper Hire to R & J Andrews Engineering Bobcat and Tipper Hire
4. remove the following preferred contractors for Tender 2019/33 for the provision of Wet and Dry Plant Hire, in accordance with Clause 178 of the Local Government (General) Regulation 2005, for the reasons provided in this report:
. Accurate Asphalt & Road Repairs Pty Ltd t/a Accurate Stabilising
. TKR Heavy Equipment
. MK Civil and Consultancy Pty Ltd
. Inland Civil and Rail
Executive summary
Tenders were requested for the establishment of a preferred list of suitable contractors to provide plant hire services to Council for the next 12 months, with an option to extend the contract for a further 12 months to December 2021.
Service Providers were asked to submit their tender on 9 September 2019 for Wet and Dry Plant Hire, which closed at 1pm on 14 October 2019. Fifty six (56) submissions were received, and Council motion 399/19 resolved to adopt 52 of these as ‘Preferred Suppliers’.
The purpose of this report is to delegate authority to the General Manager to accept additional suppliers seeking inclusion over the term of the contract, correct a spelling mistake associated with a service providers name and remove 4 suppliers from this list due to administrative errors associated with service providers not meeting the requirements of the tender.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 188 REPORT 10.1
Disclosure of Interest
Nil
Detailed report
The following administrative errors associated with service providers not meeting the requirements of the tender have been identified;
Accurate Asphalt & Road Repairs Pty Ltd t/a Accurate Stabilising Submitted a tender for hire of stabilising plant which are not included in the request for tender as stabilising is generally a full service contract involving multiple plant items. Council is utilising a tender run by Local Government procurement for this service.
TKR Heavy Equipment Submitted a tender response advising they were not participating in the tender. The tender submission was inadvertently captured and incorrectly represented as an approved preferred supplier, with no items of plant.
MK Civil and Consultancy Pty Ltd Submitted a tender that did not meet the mandatory requirements for participation, Public and Products liability was provided, however, did not meet the minimum standard set of $20 million.
Inland Civil and Rail Submitted a tender that did not meet the mandatory requirements for participation, comprehensive motor vehicle or plant insurance was able to be provided.
R & J Andrews Engineering Bobcat and Tipper Hire The company name was misspelled in the original report. The recommendation corrects this mistake.
Councillors will note in the confidential section the contractor preferred order has been amended to reflect any of the above corrections, and also after confirming important details of prices submitted in some categories.
Community Plan implications
Theme Good Governance Goal An effective and efficient organisation Strategy Pursue efficiencies and ongoing busines improvement
Strategic implications
Council Strategies In order to complete the large program of works as detailed in the Delivery Program and Operational Plan, it is important Council utilise contractors to supplement Council’s workforce.
Council Policies Procurement Policy
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 10.1 189
Legislation The hire amounts can exceed the statutory limit for the council’s obligation to tender for services. This tender fulfils Council’s obligation under the Local Government Act 1993, Section 55, and the Local Government (General) Regulation 2005.
Associated Risks
Nil
ANDREW KEARINS GARRY HEMSWORTH MANAGER WORKS DIRECTOR OPERATIONS
13 January 2020
Attachments: 1. Wet Hire Preferred Order. (Confidential - separately attached) 2. Dry Hire Preferred Order. (Confidential - separately attached)
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 190 REPORT 10.2
10.2 Draft Mudgee Flood Study for public exhibition
REPORT BY THE DIRECTOR OPERATIONS TO 18 MARCH 2020 ORDINARY MEETING GOV400087, F0710031
RECOMMENDATION
That Council:
1. receive the report by the Director Operations on the Draft Mudgee Flood Study for public exhibition;
2. note the contents and recommendations of the Draft Mudgee Flood Study; and
3. place the draft Mudgee Flood Study on public exhibition for 28 days to receive public submissions;
Executive summary
In 2018 Council commissioned WMA Water Pty ltd to undertake the preparation of the Mudgee Flood Study. The primary objective of this Flood Study is to develop a robust hydrologic and hydraulic modelling that defines flood behaviour for the study area for a range of design flood events.
This report recommends that the attached Draft Mudgee Flood Study be placed on public exhibition for a period of 28 days.
Disclosure of Interest
Nil
Detailed report
Council received financial support from Office of Environment and Heritage (OEH) to undertake flood investigation in Mudgee. The primary objective of the New South Wales (NSW) Government’s Flood Prone Land Policy is to reduce the impact of flooding and flood liability on individual owners and occupiers of flood prone property, and to reduce private and public losses resulting from floods, utilising ecologically positive methods wherever possible. In 2018 Council commissioned WMA Water Pty Ltd to undertake the preparation of the Mudgee Flood Study. The primary objective of this Flood Study is to develop a robust hydrologic and hydraulic modelling that defines flood behaviour for the study area for a range of design flood events.
The objective of the study was to improve understanding of flood behaviour and impacts and better inform management of flood risk in the study area in consideration of the available information.
The work by WMA involved data collection and review, topographic survey, flood modelling development, hydrologic analysis, hydraulic modelling and highlighting the consequences of flooding to the community based on their findings.
Based on the analysis undertaken the following has been identified:
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 10.2 191
• In a1% AEP riverine flood event there is significant flood impacts present both within the township and on the roadways connecting the town to the surrounding region. During a riverine flood only the Castlereagh Highway running south is flood free. In this event all other routes out of the town have the potential to be closed in excess of 24 hours; • During a local (flash flood) 1% AEP storm event at Mudgee there is a high likelihood that property flooding and damage will occur. With the exception of Redbank Creek most other overland flow paths through the township do not have sufficient capacity to safely contain flow through the township; • Sensitivity analysis shows that in general the floodplain is not sensitive to changes in hydrologic or hydraulic modelling parameters which would still be in accordance with best practice. The catchment is sensitive to increases in rainfall intensity due to climate change however, with level increases in the 1% AEP event in excess of 0.50 m in the 1% AEP event within the Cudgegong River. These increased levels increases the risk of flooding on property and further reduces the evacuation capacity of the township.
This draft flood study has been provided to enable review and discussion of the findings of the analysis. In addition, this report provides preliminary advice to support decisions on activities in the floodplain. This has been provided as interim guidance in advance of a future FRMS. The FRMS should review all work completed and build upon the outcomes using the additional information developed and gathered as part of the project.
This report recommends that the attached Draft Mudgee Flood Study be placed on public exhibition for a minimum period of 28 days.
The NSW State Government’s Flood Prone Land Policy provides a framework to ensure the sustainable use of floodplain environments. The Policy is specifically structured to provide solutions to existing flooding problems in rural and urban areas. In addition, the Policy provides a means of ensuring that any new development is compatible with the flood hazard and does not create additional flooding problems in other areas.
Under the Policy, the management of flood liable land remains the responsibility of local government. The State Government subsidises flood mitigation works to alleviate existing problems and provides specialist technical advice to assist Councils in the discharge of their floodplain management responsibilities.
The Policy provides for technical and financial support by the Government through five sequential stages: 1. Data Collection: Compilation of existing data and collection of additional data. 2. Flood Study: Determine the nature and extent of the flood problem. 3. Floodplain Risk Management Study: Evaluates management options for the floodplain in respect of both existing and proposed development. 4. Floodplain Risk Management Plan: Involves formal adoption by Council of a plan of management for the floodplain. 5. Implementation of the Plan: Construction of flood mitigation works to protect existing development, use of Local Environmental Plans to ensure new development is compatible with the flood hazard.
Community Plan implications
Theme Protecting Our Natural Environment Goal Provide total water cycle management Strategy Protect and improve catchments across the Region by supporting relevant agencies
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 192 REPORT 10.2
Strategic implications
Council Strategies Not Applicable.
Council Policies Not Applicable
Legislation NSW State Government Flood Prone Land Policy, under this policy the management of flood liable lands remains the responsibility of Local Government.
Financial implications
This Study is funded under the NSW Floodplain Risk Management Program with contributions from Council's adopted budget.
GARRY HEMSWORTH DIRECTOR OPERATIONS
25 November 2019
Attachments: 1. Draft Mudgee Flood Study . (separately attached)
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 11.1 193
Item 11: Community
11.1 Access to Information Policy Review and Agency Information Guide Update
REPORT BY THE MANAGER GOVERNANCE TO 18 MARCH 2020 ORDINARY MEETING GOV400087, GOV400066, A0220040
RECOMMENDATION
That Council:
1. receive the report by the Manager Governance on the Access to Information Policy Review and Agency Information Guide Update; and
2. place the Access to Information Policy and Agency Information Guide on public exhibition for 28 days and endorse the Access to Information Policy and Agency Information Guide if no submissions are received.
Executive summary
Council has a statutory obligation under the Government Information (Public Access) Act 2009 to develop and adopt an Agency Information Guide that informs the public of their legal right to access information held by the Council.
This report also requests Council to adopt minor changes to the Access to Information Policy.
Disclosure of Interest
Nil.
Detailed report
Council is required to publish an Agency Information Guide to assist members of the public in understanding the types of information that is available from the council and how that information is made available.
The Agency Information Guide (“Guide”) is available at Council’s Administration Centres and on its website.
The Guide will list the information that is available free of charge for people to inspect. This “open access” information is also available from Council’s website.
Additionally, the Guide informs the public of information that will not be available under open access and how members the public can make formal access applications.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 194 REPORT 11.1
During 2019, council changed its administrative practices revoking the need for a formal GIPA access application for DA information pre 2010. Council now strictly applies a person’s right to view DA’s with copying charges applied if required.
Council’s commitment to being open and transparent in the exercise of its functions is a fundamental principle of good governance and is expressed by the re-adoption of an Access to Information Policy.
Community Plan implications
Theme Good Governance Goal Good communications and engagement Strategy Improve communications between Council and the community and create awareness of Council’s roles and responsibilities
Strategic implications
Council Strategies The development of the Agency Information Guide and the adoption of an Access to Information Policy demonstrates strong civic leadership of the Council being accountable and transparent with decision making for the community.
Council Policies Access to Information
Legislation Local Government Act 1993 Government Information (Public Access) Act 2009 Environmental Planning and Assessment Regulation 2000
Financial implications
Not applicable
Associated Risks
The recommendations of this report address and mitigate Council’s risks of non-compliance with legislation and also enhances Council’s reputation in the community by demonstrating openness and accountability of its functions.
TIM JOHNSTON SIMON JONES MANAGER GOVERNANCE DIRECTOR COMMUNITY
27 February 2020
Attachments: 1. Agency Information Guide REVISION - March 2020 REVIEWING - 10.03.2020. (separately attached)
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 11.2 195
11.2 RFT 2019/42 Provision for Trade Services
REPORT BY THE BUILDING SERVICES OFFICER TO 18 MARCH 2020 ORDINARY MEETING GOV400087, COR400247
RECOMMENDATION
That Council:
1. receive the report by the Building Services Coordinator on the RFT 2019/42 Provision for Trade Services;
2. authorise the Building Services Coordinator to seek and assess additional suitably qualified service providers for the Schedule 3. Concreting Services with the intention of engaging them, by approaching local service providers directly;
3. authorise the General Manager to accept additional service providers to the Provision for Trade Services pre-qualification panel, on receipt of compliant documentation; and
4. accept the 27 conforming tenders for the Provision of Trade Services preferred supplier list for purchases equal to, or under, $10,000 inclusive of gst:
• Agile Arbor Pty Ltd • Peter Witheriff Refrigeration and • Ave Technologies Air Conditioning • Buildique • Peters Refrigeration • Creative Lines Pty Ltd • PJL Constructions Management • Cudgegong Plumbing • Regional Energy Services • Dependable Trade Solutions • Rob McKids Lawn Mowing • Dry Creek Farm • SJ Landscaping Constructions • Ecoplant Australia Pty Ltd • Skillset Ltd • Fix it Mick Landscaping • Stotts Building Contractors • Graham Price Fencing • Stotts Painting Contractors • James Costigan Electrical • Tree Craft NSW Pty Ltd • Max Walkers Earthmoving • Wayne Stott Painting Pty Ltd • Mudgee Air Conditioning • WNS Contracting • O.S Trees Pty Ltd
5. accept the 28 conforming tenders for the Provision of Trade Services pre- qualification panel for purchases between $10,000 and $50,000, inclusive of gst:
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 196 REPORT 11.2
• Agile Arbor Pty Ltd • Olympic Fencing • Ave Technologies • Peter Witheriff Refrigeration and • Buildique Air Conditioning • Creative Lines Pty Ltd • Peters Refrigeration • Cudgegong Plumbing • PJL Constructions Management • Dependable Trade Solutions • Regional Energy Services • Dry Creek Farm • Rob McKids Lawn Mowing • Ecoplant Australia Pty Ltd • SJ Landscaping Constructions • Fix it Mick Landscaping • Skillset Ltd • Graham Price Fencing • Stotts Building Contractors • James Costigan Electrical • Stotts Painting Contractors • Max Walkers Earthmoving • Tree Craft NSW Pty Ltd • Mudgee Air Conditioning • Wayne Stott Painting Pty Ltd • O.S Trees Pty Ltd • WNS Contracting
Executive summary
Tenders were requested for the establishment of a preferred list of suitable service providers to provide various trade services to Council for the next 12 months, with an option to extend the contract for a further 12 months, for a maximum possible contract term of 3 years.
The tendering process was initiated and a Procurement Plan and Tender Evaluation Plan were developed. A Tender Assessment Panel was formed, comprising representatives from the most relevant departments within Council.
Disclosure of Interest
Nil
Detailed report
The terms of the contract for the Provision of Trade Services for a maximum three (3) year term. This contract does not provide the opportunity for suppliers to rise and/or fall their tendered values, however, it does allow for Consumer Price Index (CPI) increases to the original tendered rates each year.
An open tender process in accordance with Section 55 of the Local Government Act 1993 was carried out for the establishment of the following:
• A preferred supplier list up to the nominated threshold of $10,000
• A prequalification list for which any works estimated to fall between $10,000 and $50,000 would be quoted by all prequalified suppliers via Council’s e-quoting system VendorPanel.
Any works exceeding $50,000 will go to the open market via the Marketplace using VendorPanel.
The Trade Services panel is inclusive of nine (11) provisions of service within this Request for Tender
• Air-Conditioning and Refrigeration
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 11.2 197
• Building and Carpentry
• Concreting
• Electrical services
• Fencing
• Landscaping
• Plumbing
• Painting
• Roadside/Lawn Maintenance
• Tiling
• Regular Small Lawn Maintenance Schedule (properties nominated in service schedule provided to tenderers and price provided on per site basis)
Some of the above services were inclusive of sub-categories. The preferred supplier for the parent trade (as per the schedule heading) will carry through all sub-categories.
Advertised
Open to Market 13 December 2019 Closed 7 February 2020 Total days 56
The above tender was advertised in:
The Mudgee Guardian on Friday 13 December 2019 and Friday 10 January 2020 Council’s e-Tendering portal – VendorPanel: from Friday 13 December 2019 MWRC’s Facebook page on Friday 13 December 2019 Information regarding this tender was published on Council’s website
An extended advertisement period was nominated to be used due to the open tender falling predominately over the Christmas break, allowing maximum opportunity for all contractors.
Tenders Received
7 non-conforming tenders were received, while 28 conforming tenders were received.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 198 REPORT 11.2
Late Tenders
There were no late tender submissions received.
Conforming Tenders: Five (5) submissions were deemed non-conforming on the basis of mandatory requirements. One (1) one submission was deemed non-conforming based on the contractors service not being specific to Council’s needs and one (1) tender was deemed non-conforming due to not submitting a price. Leaving twenty-eight (28) conforming submissions to be evaluated per the nominated selection criteria.
Evaluation Methodology: The objective of the evaluation was to form a prequalified panel of service providers offering high quality service. The main measurable for inclusion was meeting the mandatory requirements as outlined in the request for tender.
Tender Evaluation Panel Members: Panel Member Name Position Title Building Services Administration Contact Officer Jessica Dyer Officer Panel Member 1 Karli Anshaw Building Services Coordinator Panel Member 2 George Cox Electrician Panel Member 3 Kristie Ward Manager Procurement
The evaluation criteria nominated in the procurement plan was as follows: • 50% - Price • 25% - Proposed Personnel and Resourcing • 20% - Experience and Capability • 5% - Approach to Quality Management
The maximum local preference price score deduction of 10% was applied in line with Councils Local Preference Policy as specified within the approved procurement plan due to the type of service response this preferred supplier agreement requires.
Evaluation Findings: Twenty-Eight (28) submissions were received from tenderers which met Council mandatory requirements and were evaluated in accordance with the evaluation criteria.
Further assessment of the risks associated with tendered rates included a fair price threshold calculation +/- 30% of tendered rates when compared to the average. The exception being Schedule 9A as the average pricing was distorted by extreme variations in tendered rates.
This level of investigation was used as a measure of ensuring that Service Providers did not highlight risk of an over inflated price or a price which conversely was uncharacteristically low, thus offering the best outcome for Council.
Tenderers were able to make a submission for one or multiple schedules where it was suitable for the service provider to do so if they are a dual trade/skill service provider.
Schedule 1 – Air-conditioning and Refrigeration Submissions evaluated: 1. Emergency Trade Services 2. Mudgee Air Conditioning 3. Peter Witheriff Refrigeration
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 11.2 199
4. Peter’s Refrigeration Three (3) conforming tenders were evaluated and one (1) tender was deemed non-conforming on evaluation due to the submission falling outside of the fair price threshold and was assessed by the evaluation panel to not meet Councils requirements when considering the provision of service provided by one tender.
Three conforming tenders meet Councils needs and evaluation requirements for both Preferred Supplier List and Pre-Qualification Panel, evaluation score and proposed ranking for preferred supplier list is nominated within confidential attachments.
Schedule 2 – Building and Carpentry Services Submisions evaluated: 1. Buildique 2. Emergency Trade Services 3. Dependable Trade Solutions 4. PJL Constructions management 5. Stott’s Building Contractors Four (4) conforming tenders received and one (1) tender was deemed non-conforming on evaluation due to the submission being deemed by the evaluation panel to not meet Councils requirements when considering the provision of service provided by one tenderer.
The four conforming tenders meet Councils needs and evaluation requirements for both Preferred Supplier List and Pre-Qualification Panel, evaluation score and proposed ranking for preferred supplier list is nominated within confidential attachments.
Schedule 3 – Concreting Submissions evaluated: 1. Emergency Trade Services 2. Max Walkers Earthmoving 3. PJL Constructions Management Two (2) conforming tenders were received and one (1) tender was deemed non-conforming on evaluation due to the submission falling outside of the fair price threshold and deemed to not meet Councils requirements when considering the provision of service.
On assessment, the evaluation panel recommends to accept the two (2) conforming tenders for Schedule 3 whilst also seeking additional suppliers for this schedule, only due to the demand of this provision of service, as additional contractors are required for this preferred supplier list and prequalification panel in order to meet Councils demand for this service.
Schedule 4 – Electrical Services Submissions evaluated: 1. AVE Technologies 2. Emergency Trade Services 3. James Costigan Electrical 4. Peter Witheriff 5. Peter’s Refrigeration 6. Regional Energy Services Five (5) conforming tenders received and one (1) tender was deemed non-conforming on evaluation due to the submission falling outside of the fair price threshold and deemed to not meet Councils requirements when considering the provision of service provided by one tenderer.
The five (5) conforming tenders meet Councils needs and evaluation requirements for both Preferred Supplier List and Pre-Qualification Panel, evaluation score and proposed ranking for preferred supplier list is nominated within confidential attachments.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 200 REPORT 11.2
Schedule 5 – Fencing Submissions evaluated: 1. Creativelines 2. Emergency Trade Services 3. Graham Price Fencing 4. Olympic Fencing 5. PJL Constructions 6. Stott’s Building Contractors (temporary fencing only) 7. Stott’s Painting Contractors (temporary fencing only) 8. WNS Contracting Seven (6) conforming tenders received and one (1) tender was deemed non-conforming on evaluation due to the submission being assessed by the evaluation panel to not meet Councils requirements when considering the provision of service provided by one tenderer and (1) submission was not seen to meet requirements for the preferres supplier list but will be placed on the pre-qualification panel.
The seven (7) conforming tenders meet Councils needs and evaluation requirements for both Preferred Supplier List and Pre-Qualification Panel, evaluation score and proposed ranking for preferred supplier list is nominated within confidential attachments.
Schedule 6 – Landscaping Submissions evaluated: 1. Creativelines 2. Emergency Trade Services 3. Fix it Mick 4. SJ Landscaping 5. Skillset Four (4) conforming tenders received and one (1) tender was deemed non-conforming on evaluation due to the submission falling outside of the fair price threshold and deemed to not meet Councils requirements when considering the provision of service provided by one tender.
The four conforming tenders meet Councils needs and evaluation requirements for both Preferred Supplier List and Pre-Qualification Panel, evaluation score and proposed ranking for preferred supplier list is nominated within confidential attachments.
Schedule 7 – Plumbing Submissions evaluated: 1. Cudgegong Plumbing 2. Dependable Trade Services 3. Emergency Trade Services Two (2) conforming tenders received and one (1) tender was deemed non-conforming on evaluation due to the submission falling outside of the fair price threshold and deemed to not meet Councils requirements when considering the provision of service provided by one tender.
The two conforming tenders meet Councils needs and evaluation requirements for both Preferred Supplier List and Pre-Qualification Panel, evaluation score and proposed ranking for preferred supplier list is nominated within confidential attachments.
Schedule 8 – Painting Services Submissions Evaluated: 1. Stott’s Painting Contractors 2. Wayne Stott Painting Two (2) Conforming tenders received. The two conforming tenders meet Councils needs and evaluation requirements for both Preferred Supplier List and Pre-Qualification Panel, evaluation score and proposed ranking for preferred supplier list is nominated within confidential attachments.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 11.2 201
Schedule 9 – Lawn Maintenance (Roadside) Submissions Evaluated: 1. Agile Arbor 2. Creative Lines 3. Dry Creek Farm 4. Ecoplant Australia 5. Emergency Trade Services 6. Fix It Mick 7. O.S Trees 8. PJL Constructions 9. Rob Mckids Lawn Mowing 10. SJ Landscaping 11. Skillset 12. Treecraft Eleven (11) conforming tenders received and one (1) tender was deemed non-conforming on evaluation due to the submission falling outside of the fair price threshold and deemed to not meet Councils requirements when considering the provision of service provided by one tender.
The eleven conforming tenders meet Councils needs and evaluation requirements for both Preferred Supplier List and Pre-Qualification Panel, evaluation score and proposed ranking for preferred supplier list is nominated within confidential attachments.
Schedule 9A – Lawn Maintenance (Small Lawns Regular Service Schedule) Submissions Evaluated: 1. Ecoplant Australia 2. Emergency trade Services 3. Fix it Mick 4. PJL Constructions Management 5. Rob McKids Lawn Mowing 6. SJ Landscaping The TEP agree that the fair price threshold was not to be applied to Schedule 9A. Pricing appeared to be estimated in several instances. It was obvious that pricing was provided without site inspection or familiarality, therefore the average pricing was distorted by extreme variations in tendered rates. This in turn did not provide a suitable, transparent, value for money approach for these services.
This Schedule is a nominated regular schedule and the tenderer with the highest evaluation score will be requested to complete the service. Evaluation score and proposed ranking for preferred supplier list is nominated within confidential attachments.
Schedule 10 – Tiling Submissions Evaluated: 1. Buildique 2. Emergency Trade Services 3. Stott’s Building Contractors Two (2) conforming tenders received and one (1) tender was deemed non-conforming on evaluation due to the submission falling outside of the fair price threshold and deemed to not meet Councils requirements when considering the provision of service provided by one tender.
The two conforming tenders meet Councils needs and evaluation requirements for both Preferred Supplier List and Pre-Qualification Panel, evaluation score and proposed ranking for preferred supplier list is nominated within confidential attachments.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 202 REPORT 11.2
Community Plan implications
Theme Looking After Our Community Goal Effective and efficient delivery of infrastructure Strategy Provide infrastructure and services to cater for the current and future needs of our community
Strategic implications
Council Strategies Not Applicable
Council Policies Procurement Policy
Legislation Local Government Act 1993 Local Government (General) Regulations 2005
Financial implications
The rates obtained under this contract will form a prequalified panel contract, and funds for this work are available in various operational budgets across Council Buildings and Assets. No budget variations are recommended in this report.
Associated Risks
If this contract is not formed, Council will have reduced efficiencies with regards to response, procurement and engagement of a variety of trade services for Councils maintenance in line with legislation.
KARLI ANSHAW SIMON JONES BUILDING SERVICES OFFICER DIRECTOR COMMUNITY
2 March 2020
Attachments: 1. RFT 2019-41 Tender Compliance Checklist. (Confidential - separately attached) 2. RFT 2019-41 Final Tender Evaluation Table. (Confidential - separately attached) 3. Copy of RFT 2019-41_Trade Services_Price Evaluation. (Confidential - separately attached)
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 11.3 203
11.3 State Library Subsidy and Review Report
REPORT BY THE MANAGER LIBRARY SERVICES TO 18 MARCH 2020 ORDINARY MEETING GOV400087, F0620020
RECOMMENDATION
That Council:
1. receive the report by the Manager Library Services on the State Library Subsidy and Review Report;
2. note the recommendations in the NSW State Library’s Mid-Western Regional Council Library Review report – 2020; and
3. amend the 2019/20 budget to increase library casual employee costs by $36,870 fully funded by the increased library subsidy income.
Executive summary During 2019, Mid-Western Regional Council Library invited the NSW State Library to undertake a review of the library service, with the following terms of reference:
• Assess current performance; • Review current programs and services; review the use of library space; review current staff structure; • Identify existing areas of excellence, and opportunities for development and improvement; • Develop recommendations on the Library’s future vision and goals.
While outlining the comparative position of the Mid-Western Regional Council Library in a wider NSW public libraries context, the NSW State Library Review also provides recommendations for development and improvement. It is expected that a 4-year Library Strategic Plan – already included in the 2020/2021 budget – will further refine these recommendations within a framework of achievable goals and timelines.
Disclosure of Interest Nil
Detailed report The Renew Our Libraries campaign – run by the NSW Public Libraries Association, and launched in August 2018 – advocates for increased library funding, and the creation of a long-term, sustainable funding model that invests in the libraries of the future. With the support of local councils, libraries, election candidates and communities, Phase 1 of the campaign was able to achieve a commitment from the NSW Government to increase library funding by an extra $60m over four years. The Renew Our Libraries campaign was unanimously supported by Mid-Western Regional Council at the August 2018 meeting, under Resolution No. 229/18.
As a result of this successful campaign, in 2019 Mid-Western Regional Council received an increase of $36,870 in the Library Subsidy. Key criteria indicates that the additional funding must
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 204 REPORT 11.3
be spent on library services, and that the local government contribution must not decline as a result – this will be ascertained through a detailed acquittal process.
For the remainder of this financial year, additional funds received are being used for: beginning a Library collections stocktake, and other ongoing collection maintenance activities; a program of staff training while Mudgee Library is closed for painting; moving the Rylstone Library collections before and after the Rylstone Office renovations, and and relieving key staff for strategic planning.
It is recommended that the additional funds for 2020/2021 be directed in full towards the Library’s Employee budget, enabling 12 month trials of the following 2 initiatives from 1 July 2020:
• Extended Library opening hours
Mid-Western Regional Council Library operates 4 library service points across the region – Gulgong, Kandos, Mudgee and Rylstone. While the overall total of operating hours across the entire service is 110 hours – above the suggested 102 opening hours - the NSW State Library Review indicates the opening hours of Mudgee Library need to be assessed, and are lower than is recommended for a ‘main’ library. Currently open 43 hours per week, Mudgee Library proposes to open 52 hours per week. Earlier opening times will bring the Library more in line with normal business hours; while extended hours on Thursday nights and Saturdays will enable library patrons more flexibility to visit the library, and attend proposed new programs.
Current hours - Mudgee Proposed hours - Mudgee Monday, Tuesday, 10am – 6pm 9am – 6pm Wednesday, Friday Thursday 10am – 6pm 9am – 8pm Saturday 9.30am – 12.30pm 9am – 2pm
• Extend range of programs and events
The NSW State Library Review also recommends the current programs and events schedule should be expanded – through increasing existing program sessions; creating new programs; and increasing the availability of programs outside of current hours of operation. The Library currently has a range of early literacy programs for 0-5 years, 1 Bookgroup and 1 writing group for teens, and 1 Bookgroup for adults; also holding monthly History Talks and semi-regular author visits.
Mid-Western Regional Council Library plans to develop and expand the programs and events schedule through:
o adding early literacy, and school holiday craft & storytelling sessions in Rylstone in 2021; o adding early literacy sessions welcoming Dads with their children; o creating new literacy and craft programs for Kinder-Year 2, and Year 3-Year 6 children; plus a High School aged craft session; o beginning a new Adult Writer’s group; o beginning an additional Adult Bookgroup; o adding ‘Drop In’ craft sessions for all ages; o extending existing First Monday history Talk and author visits to include additional sessions on Thursday evenings, where possible; o creating simple Robotics & Coding sessions for teens/pre-teens; o adding Thursday evening sessions of non-regular library programs such as Tech Savvy Seniors; plus evening sessions of events with external facilitators.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 11.3 205
The additional $36,870 – which is approximately 17 hours per week of Library staff over a 12 month period – will directly:
• enable staff to cover the planned extended opening hours at Mudgee Library; and, • enable staff to provide the Library support needed while other staff are running additional programs.
Decisions on the best use of the Renew Our Libraries additional funding in following years will be determined by the strategies and direction of the future Library Strategic Plan, which is expected to complete by early 2021.
Community Plan implications Theme Looking After Our Community Goal A safe and healthy community Strategy Maintain the provision of high quality, accessible community services that meet the needs of our community
Strategic implications Council Strategies Towards 2030 Community Plan Delivery Program 2017/18 – 2020/21 Operational Plan 2019/20
Financial implications The budget recommendation will cause a deterioration of the Own Source Revenue Ratio. This ratio measures our degree of reliance on external funding.
Building & Operating Own Source Budget Year Infrastructure Performance Ratio Revenue Renewal
2019/20 - - Future Years - - -
Associated Risks No additional risks are associated with the recommendations contained in the report.
MICHELLE MAUNDER SIMON JONES MANAGER LIBRARY SERVICES DIRECTOR COMMUNITY
3 March 2020
Attachments: 1. Mid-Western Regional Council Library Review. (separately attached)
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 206 REPORT 11.4
11.4 Regent Theatre
REPORT BY THE DIRECTOR COMMUNITY TO 18 MARCH 2020 ORDINARY MEETING GOV400087, P0020011
RECOMMENDATION
That Council:
1. receive the report by the Director Community on the Regent Theatre; and
2. refer any consideration of the Regent Theatre to Matters in Progress until any uncertainty over the legal situation of ownership of the Theatre has been resolved and it has been established that the Theatre is available for sale.
Executive summary
The future of the Regent Theatre continues to be a matter of some interest in the community. On Friday 6 March 2020, the Regent Theatre was withdrawn from auction. At the time of the production of this business paper, there appears to be ongoing discussions and uncertainty around the Theatre and whether the Theatre will be for sale in the future. It is recommended that Council take no further action on this matter until this uncertainty is resolved and a clear future direction for the Theatre is established.
Disclosure of Interest
Nil
Detailed report
At the Council meeting on 19 February, a Notice of Motion from Cr Holden was debated. The Council resolution (Min. 19/20) from this debate was:
That consideration of the Regent Theatre be deferred until the 18 March 2020 Council meeting.
As such, the matter is returned to Council for this meeting. As a result of the last minute withdrawal of the Theatre from auction, no updated information can be provided to Council that may assist in their considerations of the matter. Indeed, the legal injunction placed over the auction sale raises more questions around the current ownership situation of the Theatre and what may happen next. It may well be that the Theatre is no longer for sale and it is therefore no longer a matter that Council wishes to consider.
The recommendation to defer consideration of the Regent Theatre to Matters in Progress is one option available to Council. It has been provided as the recommendation in this instance as it most directly follows the intent of the previous resolution from the February meeting.
Council may also wish to consider noting the matter and taking no further action at this stage. This can always be revisited in the future.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 11.4 207
Council may also wish to consider that the current owners may decide to explore enactment of the Development Application that was approved in November 2015.
Council were provided with a range of information on this matter prior to the Extraordinary meeting on 31 January 2020. Once again, it is noted that should discussions and debate that contain Commercial in Confidence information should take place in confidential session.
Community Plan implications
Theme Looking After Our Community Goal Meet the diverse needs of the community and create a sense of belonging Strategy Support arts and cultural development across the Region
Strategic implications
Council Strategies Community Plan
Council Policies Not Applicable
Legislation Local Government Act 1993
Financial implications
Not applicable if the matter is deferred or noted with no action taken.
Associated Risks
Not applicable if the matter is deferred or noted with no action taken.
SIMON JONES DIRECTOR COMMUNITY
10 March 2020
Attachments: Nil
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 208 REPORT 12.1
Item 12: Reports from Committees
12.1 Heritage Committee Meeting Minutes 17 December 2019
REPORT BY THE MANAGER, STRATEGIC PLANNING TO 18 MARCH 2020 ORDINARY MEETING GOV400066, DEV700020
RECOMMENDATION
That Council:
1. receive the report by the Manager, Strategic Planning on the Heritage Committee Meeting Minutes 17 December 2019;
2. note the minutes of the 17 December 2019 Heritage Committee Meeting; and
3. support the development of a register of historical societies, relevant groups and interested individuals within the Region to facilitate ongoing community engagement on heritage matters by Council through the Manager Strategic Planning.
Executive summary
The purpose of this report is to advise Council of the considerations of the Heritage Committee meeting held on 17 December 2019.
All Committee members tabled their resignation during the meeting. This report will discuss the options moving forward for Council working with the community with regard to heritage conservation. Disclosure of Interest
Nil.
Detailed report
A copy of the minutes from the December 2019 meeting are attached to this report.
The following committee members tabled their resignation at the meeting and provided a letter of resignation: John Bentley, Barbara Hickson, Peter Monaghan, David Mort, David Warner and Virginia Hollister.
Council’s Manager Strategic Planning is currently the General Manager’s Delegate for the Heritage Committee and attends 6 meetings per year. Administration support is also provided.
Council could call for expressions of interest for new membership of the Committee to fill the current vacancies. Alternatively, Council could engage with and develop a register of the
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 12.1 209
established historical societies, relevant groups and interested individuals within the Region as a stakeholder reference group. The register would be utilised to disseminate information from Council and to periodically engage with relevant stakeholders to provide an understanding of current projects and challenges experienced.
The recommendation of staff is to take this alternate approach to facilitate ongoing community engagement on heritage matters.
Community Plan implications
Theme Looking After Our Community Goal Vibrant towns and villages Strategy Respect and enhance the historic character of our Region and heritage value of our towns
Strategic implications
Council Strategies The establishment of a stakeholder reference group aligns with Council’s objectives in the Community Plan Towards 2030, 1.2.2.1 Respect and enhance the historic character of our Region and heritage value of our towns and 5.2.2.1 Improve communications between Council and the community and create awareness of Council’s roles and responsibilities.
Council Policies Not applicable.
Legislation The Heritage Committee is operating under Section 355 of the Local Government Act 1993, which allows it to exercise a function of Council.
Financial implications
Not applicable.
Associated Risks
Not applicable.
SARAH ARMSTRONG JULIE ROBERTSON MANAGER, STRATEGIC PLANNING DIRECTOR DEVELOPMENT
6 February 2020
Attachments: 1. Heritage Committee Minutes December 2019.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 210 REPORT 12.1 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 12.1 – ATTACHMENT 1 211
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 212 REPORT 12.1 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 12.2 213
12.2 Audit Risk and Improvement Committee Meeting 7 February 2020
REPORT BY THE EXECUTIVE MANAGER, HUMAN RESOURCES TO 18 MARCH 2020 ORDINARY MEETING GOV400067, COR400236
RECOMMENDATION
That Council:
1. receive the report by the Executive Manager, Human Resources on the Audit Risk and Improvement Committee Meeting 7 February 2020; and
2. note the minutes for the Audit Risk and Improvement Committee meeting 7 February 2020.
Executive summary
This report is to advise Council of the matters given consideration at the fourth meeting of the Audit Risk and Improvement Committee held on 7 February 2020.
Disclosure of Interest
Nil.
Detailed report
The Audit Risk and Improvement Committee Charter requires the Committee to report to Council at the first opportunity (dependent on meeting schedules) after each meeting held. Attached to this report are the minutes of the meeting.
Community Plan implications
Theme Good Governance Goal An effective and efficient organisation Strategy Prudently manage risks association with all Council activities
Strategic implications
Council Strategies Not Applicable.
Council Policies Audit Risk and Improvement Committee Charter.
Legislation Not Applicable.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 214 REPORT 12.2
Financial implications
Not Applicable.
Associated Risks
Nil.
MICHELE GEORGE EXECUTIVE MANAGER, HUMAN RESOURCES
26 February 2020
Attachments: 1. ARIC Minutes 07022020.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 12.2 – ATTACHMENT 1 215
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 216 REPORT 12.2 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 12.2 – ATTACHMENT 1 217
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 218 REPORT 12.2 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 12.2 – ATTACHMENT 1 219
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 220 REPORT 12.2 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 12.3 221
12.3 Local Traffic Committee - February Meeting 2020
REPORT BY THE EA TO DIRECTOR, OPERATIONS TO 18 MARCH 2020 ORDINARY MEETING GOV400087, A0100009
RECOMMENDATION
That Council:
1. receive the report by the EA to Director, Operations on the Local Traffic Committee - February meeting 2020;
2. note the outstanding action item list;
3. approve the event Mudgee ANZAC day 9:45am march, held 25 April 2020 and classify as a Class 2 event under the “Guide to Traffic and Transport Management for Special Events Version 3.5” with the following conditions:
a. A Special Events Transport Management Plan (TMP), is to be prepared in accordance with the Guide to Traffic and Transport Management for Special Events Version 3.5 and submitted to and approved by Council prior to the event.
b. A Traffic Control Plan/s (TCP) certified by a person with a ‘Worksite Traffic Control Certificate’ be included in the TMP;
c. Any person directing traffic on a public road is required to possess a valid traffic controller’s certificate;
d. Events are to be undertaken in accordance with the requirements of the NSW Police Service with their approval documentation forwarded to Council for notation;
e. Council must be provided with a current copy of a public liability insurance policy in the amount of at least $20 million. Such a policy is to note that Council, the Roads and Maritime Service and NSW Police Force are indemnified against any possible action as the result of the event;
f. Controlling noise as required by the Protection Of The Environment Operations (Noise Control) Regulation 2000;
g. Reimbursing Council for the cost of any damage repairs;
h. Complying with any of Council’s Law Enforcement Officers’ directives;
i. Maintain areas in a clean and tidy condition. No obstructions are to be left on the roadways or footpaths;
j. The event convener is to consult with all affected businesses and residents adjacent to the proposed closure, in writing, indicating the period during which their accesses will be affected at least two weeks prior to event commencement;
k. Advertise the proposed event in local newspapers and radio with relevant
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 222 REPORT 12.3
information at least two weeks prior to the date;
l. Maintain a four-metre wide emergency vehicle lane;
m. Notify NSW ambulance and NSW Fire Brigade of the event;
n. The organiser is to have a debrief with Council and Police with all traffic control documentation and controls tabled for review.
o. Traffic Control plan and traffic controllers have appropriate warning signage in accordance with Roads and Maritime Services Traffic Control at Worksites Manual
4. remove ‘no parking’ sign in front of caretakers cottage at Mudgee Public School;
5. replace with ‘bus zone’ sign, arrow pointing north; and
6. consult with School and bus company prior to changes being implemented at Mudgee Public School
7. classify the event – “Mudgee Classic 2020” 3 May 2020, as a Class 2 Event under the ‘Guide to Traffic and Transport Management for Special Events Version 3.5’, and approve event subject to the following conditions being satisfied prior to the event proceeding:
a. A Special Events Transport Management Plan (TMP., is to be prepared in accordance with the “Guide to Traffic and Transport Management for Special Events Version 3.5 and submitted to and approved by Council prior to the event;
b. Events are to be undertaken in accordance with the requirements of the NSW Police Force with their approval documentation forwarded to Council for notation;
c. Controlling noise as required by the Protection of the Environment Operations (Noise Control. Regulation 2000;
d. Reimbursing Council for the cost of damage repairs;
e. Complying with any of Council’s Law Enforcement Officers reasonable directives;
f. Maintain areas in a clean and tidy condition. No obstructions are to be left on the roadways or footpaths;
g. A Traffic Control Plan (TCP. certified by a person with a ‘Select & Modify ‘or a ‘Design and Audit’ Certificate be included in the TMP;
h. Any person directing traffic on a public road is required to possess an appropriate traffic controller’s certificate;
i. Council must be provided with a current copy of a public liability insurance policy in the amount of at least $20 million. Such a policy is to note that Council, RMS and NSW Police Force is indemnified against any possible action as the result of the event;
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 12.3 223
j. The event convener is to notify all affected businesses and residents adjacent to the proposed closure indicating the period during which their accesses will be affected. Such notification is to be in writing;
k. Provide alternative access for motorists or pedestrians with legitimate business within the closed section of roadway;
l. Maintain a four-metre wide emergency vehicle lane;
m. Advertise the proposed event in local newspapers with relevant information at least 2 weeks prior to the date;
n. The organiser is to have a debrief with Council and Police with all traffic control documentation and controls tabled for review; and
o. Roads and Maritime Services consent required for use of the State and Regional road network.
p. Variable message boards to be in place on the routes at least one week prior to event commencement at major points of the routes with locations and wording of variable message boards provided to Council;
q. Traffic Control plan, traffic controllers and escort vehicles have appropriate warning signage in accordance with Roads and Maritime Services Traffic Control at Worksites Manual.
And the following Special Conditions:
r. Lue Road be closed for both lanes of traffic from between Ulan Road and Bylong Valley way from 6:30am to 4:00pm 3 May 2020;
s. Church Street be closed to all traffic between Short and Gladstone Streets from 4:00am to 9:00am 3 May 2020;
t. Mortimer Street be closed to all traffic between Perry and Target Carpark entry from 4am to 9am 3 May 2020;
u. Short Street be closed to eastbound traffic between Lewis and Lawson Streets from 12pm Saturday 2 May 2020 to 6pm Sunday 3 May 2020;
v. Short street be closed to eastbound traffic between Church and Lawson Streets from 8:30am to 6pm Sunday 3 May 2020;
w. All side roads onto Lue Road be closed to traffic 6:30am to 4:00pm 3 May 2020;
x. Local traffic allowed into the road closure area are to be appropriately escorted; and
y. All comments minuted from Traffic Committee Meeting held 21 February 2020 be addressed and resubmitted for review at March 2020 meeting;
8. obtain a revised plan of the changes to Meares Street Parking plan that includes line marking, signage location and sign details and addresses the considerations
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 224 REPORT 12.3
discussed during February Local Traffic Committee Meeting.
9. note the general business items discussed.
Executive summary The purpose of this report is to advise Council and seek support of the considerations and recommendations of the Local Traffic Committee (LTC).
Disclosure of Interest Nil.
Detailed report The Local Traffic Committee meeting was held 21 February 2020
Two event reports were considered:
• Mudgee Classic 2020 • Mudgee Anzac Day March
Two traffic reports were considered: • Bus Zone at Mudgee Public School (Perry Street) • Proposed changes to Meares Street parking – Hospital redevelopment •
General business discussion items included:
• Mudgee Charity Shield – updated TCP’s • Pedestrian Refuge design
Full discussion notes are included in the attachment to this report.
Community Plan implications Theme Connecting Our Region Goal High quality road network that is safe and efficient Strategy Provide traffic management solutions that promote safer local roads and minimise traffic congestion
GEMMA WILKINS GARRY HEMSWORTH EA TO DIRECTOR, OPERATIONS DIRECTOR OPERATIONS
2 March 2020
Attachments: 1. Minutes - Local Traffic Committee meeting 21 February 2020.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 12.3 – ATTACHMENT 1 225
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 226 REPORT 12.3 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 12.3 – ATTACHMENT 1 227
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 228 REPORT 12.3 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 12.3 – ATTACHMENT 1 229
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 230 REPORT 12.3 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 12.3 – ATTACHMENT 1 231
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 232 REPORT 12.3 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 12.4 233
12.4 Youth Council
REPORT BY THE MANAGER, COMMUNITY SERVICES TO 18 MARCH 2020 ORDINARY MEETING GOV400087, COS300028
RECOMMENDATION
That Council:
1. receive the report by the Manager, Community Services on the Youth Council;
2. note the minutes of the Mid-Western Regional Youth Council convened on 25 February 2020;
3. endorse Christopher Barry as the Mid-Western Regional Youth Council Mayor;
4. endorse Courtney Boxsell at the Mid-Western Regional Youth Council Deputy Mayor;
5. endorse Angus Blackwell, Fen Fraser, Nicola Hayes, Lucah Hill, Rhiannon McPherson, Zowee Roberts and Ayden Seis as Mid-Western Regional Youth Councillors.
Executive summary
This report seeks to inform Council of Youth Council discussions and activities.
Disclosure of Interest
Nil.
Detailed report
The Mid-Western Regional Youth Council had its most recent meeting on 25 February 2020. The Youth Councillors discussed a range of matters, including an appraisal of summer school holiday activities and a program for the upcoming 2020 Youth Week. The Youth Councillors also elected new office bearers for the current term with Christopher Barry being elected Youth Mayor and Courtney Boxsell his Deputy. Youth Council also endorsed the membership of Fen Fraser as a fellow Youth Councillor.
Community Plan implications
Theme Looking After Our Community Goal Meet the diverse needs of the community and create a sense of belonging Strategy Support programs which strengthen the relationships between the range of community groups
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 234 REPORT 12.4
Strategic implications
Council Strategies Council’s Youth Strategy provides direction and recommendations for Council and the community to benefit local youth. The Mid-Western Regional Youth Council also takes direction from this document when considering future planning.
Council Policies Not Applicable.
Legislation Not Applicable.
Financial implications
Council is still awaiting a decision from the State Government’s Stronger Country Communities Fund regarding the future of Council’s Youth Services Program.
Associated Risks
In the event the Stronger Country Communities Fund application is unsuccessful, alternate funding will need to be sourced to continue Council’s Youth Services Program.
FIONA TURNER SIMON JONES MANAGER, COMMUNITY SERVICES DIRECTOR COMMUNITY
3 March 2020
Attachments: 1. Minutes - Youth Council - 25 February 2020.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 12.4 – ATTACHMENT 1 235
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 236 REPORT 12.4 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 12.4 – ATTACHMENT 1 237
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 238 REPORT 12.4 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 12.5 239
12.5 Mid-Western Regional Access Committee
REPORT BY THE MANAGER, COMMUNITY SERVICES TO 18 MARCH 2020 ORDINARY MEETING GOV400087, COS300797
RECOMMENDATION
That Council:
1. receive the report by the Manager, Community Services on the Mid-Western Regional Access Committee;
2. note the minutes of the Mid-Western Regional Council Access Committee meetings held on 4 February and 3 March 2020.
Executive summary
The Mid-Western Regional Council Access Committee meets monthly to discuss and provide advice and recommendations to Council in respect of operational and strategic issues affecting physical access and inclusion for all residents and visitors to the region.
Disclosure of Interest
Nil.
Detailed report
During the February and March 2020 meetings of the Mid-Western Regional Council Access Committee, consideration was given to a couple of development applications currently before Council. The Committee also considered an update of Council’s Pedestrian Access and Mobility Plan and discussed accessible bathroom facilities at Glen Willow Stadium during major events. Further detail of discussions are contained in the minutes attached to this report.
The next meeting of the Mid-Western Regional Council Access Committee is scheduled to be convened on 14 April 2020.
Community Plan implications
Theme Looking After Our Community Goal Meet the diverse needs of the community and create a sense of belonging Strategy Provide equitable access to a range of places and spaces for all in the community
Strategic implications
Council Strategies Council’s Disability Inclusion Action Plan supports collaboration between Council and its Access Committee, to provide advice on operational and strategic issues affecting access for all residents of and visitors to the region.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 240 REPORT 12.5
Council Policies Not Applicable.
Legislation Mid-Western Regional Council is committed to an inclusive and accessible region and seeks to meet its obligations under the Disability Discrimination Act 1992 and the NSW Disability Inclusion Act 2014 through its Disability Inclusion Action Plan.
Financial implications
Not Applicable.
Associated Risks
Not Applicable.
FIONA TURNER SIMON JONES MANAGER, COMMUNITY SERVICES DIRECTOR COMMUNITY
3 March 2020
Attachments: 1. Minutes - Access Committee - 4 February 2020. 2. PAMP Update - February 2020. 3. Minutes - Access Committee - 3 March 2020.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 12.5 – ATTACHMENT 1 241
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 242 REPORT 12.5 – ATTACHMENT 2
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 12.5 – ATTACHMENT 3 243
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 244 REPORT 12.5 – ATTACHMENT 3
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 12.6 245
12.6 Gulgong Sports Council Meeting Minutes 10 December 2019 & 10 February 2020
REPORT BY THE DIRECTOR COMMUNITY TO 18 MARCH 2020 ORDINARY MEETING GOV400087, A0360003
RECOMMENDATION
That Council:
1. receive the report by the Director Community on the Gulgong Sports Council Meeting Minutes 10 December 2019 & 10 February 2020;
2. note the minutes for the Sports Council Meeting held 10 December 2019 & 10 February 2020
Executive summary
The purpose of this report is to advise Council of the considerations and recommendations of the Mudgee Sports Council meetings held on 10 December 2019 & 10 February 2020.
Disclosure of Interest
Nil
Detailed report
The Mudgee Sports Council receives an updated Works Request and Matters in Progress report together with updated financial details each month prior to their meetings.
Community Plan implications
Theme Looking After Our Community Goal Effective and efficient delivery of infrastructure Strategy Provide infrastructure and services to cater for the current and future needs of our community
Strategic implications
Council Strategies Nil
Council Policies Nil
Legislation The Mudgee Sports Council is operating under section 355 of the Local Government Act (1993), which allows it to exercise a function under Council.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 246 REPORT 12.6
Financial implications
Nil.
Associated Risks
Nil.
SIMON JONES DIRECTOR COMMUNITY
4 March 2020
Attachments: 1. Gulgong Sports Council Meeting Minutes 10 December 2019. 2. Gulgong Sports Council Meeting Minutes 10 February 2020.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 12.6 – ATTACHMENT 1 247
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 248 REPORT 12.6 – ATTACHMENT 2
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 12.6 – ATTACHMENT 2 249
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 250 REPORT 12.7
12.7 Cultural Development Committee
REPORT BY THE MANAGER, COMMUNITY SERVICES TO 18 MARCH 2020 ORDINARY MEETING GOV400087, REC800019
RECOMMENDATION
That Council:
1. receive the report by the Manager, Community Services on the Cultural Development Committee;
2. note the minutes of the Cultural Development Committee meeting convened on 26 February 2020; and
3. endorse representation from Gulgong Arts Council as a member of the Cultural Development Committee.
Executive summary
The Cultural Development Committee meets to discuss and provide advice to Council on matters concerning arts and culture across the region, including the commissioning, selection, maintenance and de-accessioning of items forming Council’s art collection. The Committee is also a primary point of consultation for the new gallery to be constructed in Mudgee.
Disclosure of Interest
Nil.
Detailed report
The Cultural Development Committee and Mudgee Tourism Inc. (jointly, the Gallery Working Party) are Council’s primary point of consultation for the new gallery to be constructed in Mudgee. The Working Party has been kept up to date with the progress of the gallery design and have been provided feedback as appropriate.
The Committee recommends that Council endorse the appointment of a representative of Gulgong Arts Council as a member of the Committee.
Community Plan implications
Theme Looking After Our Community Goal Meet the diverse needs of the community and create a sense of belonging Strategy Support arts and cultural development across the Region
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 REPORT 12.7 251
Strategic implications
Council Strategies Council’s Public Art Plan guides how the Cultural Development Committee works with Council to develop a public art program that will enrich the life of public spaces, reveal new public spaces and inspire communal activities of all kinds.
Council Policies Not Applicable.
Legislation Not Applicable.
Financial implications
Not Applicable.
Associated Risks
Nil.
FIONA TURNER SIMON JONES MANAGER, COMMUNITY SERVICES DIRECTOR COMMUNITY
28 February 2020
Attachments: 1. Minutes - Cultural Development Committee - 26 February 2020.
APPROVED FOR SUBMISSION:
BRAD CAM GENERAL MANAGER
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 252 REPORT 12.7 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 12.7 – ATTACHMENT 1 253
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 254 REPORT 12.7 – ATTACHMENT 1
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 18 MARCH 2020 REPORT 12.7 – ATTACHMENT 1 255
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 256
Item 13: Urgent Business Without Notice
URGENT BUSINESS WITHOUT NOTICE
As provided by Clauses 19 & 20 of Council’s Code of Meeting Practice (Clause 14 LGMR). GIVING NOTICE OF BUSINESS
19. (1) The Council must not transact business at a meeting of the Council:
(a) unless a Councillor has given notice of the business in writing at least two (2) days prior to the day on which the agenda and business paper is prepared and delivered to Councillors; and
(b) unless notice of the business has been sent to the Councillors in accordance with Clause 6 of this Code. (see Section 367 LGA & Clause 14(1) LGMR) (2) Subclause (1) does not apply to the consideration of business at a meeting if the business:
(a) is already before, or directly relates to a matter that is already before the Council (see Clause 14(2)(a) LGMR); or
(b) is the election of a chairperson to preside at the meeting as provided by Clause 12(1) (see Clause 14(2)(b) LGMR); or
(c) is a matter or topic put to the meeting by the chairperson in accordance with Clause 21 (see Clause 14(2)(c) LGMR); or
(d) is a motion for the adoption of recommendations of a committee of the Council; (see Clause 14(2)(d) LGMR); or
(e) relates to reports from officers, which in the opinion of the Chairperson or the General Manager are urgent;
(f) relates to reports from officers placed on the business paper pursuant to a decision of a committee that additional information be provided to the Council in relation to a matter before the Committee; and
(g) relates to urgent administrative or procedural matters that are raised by the Mayor or General Manager. BUSINESS WITHOUT NOTICE
20. (1) Despite Clause 19 of this Code, business may be transacted at a meeting of the Council even though due notice of the business has not been given to the Councillors. However, this can happen only if:
(a) a motion is passed to have the business transacted at the meeting; and
(b) the business proposed to be brought forward is ruled by the Chairperson to be of great urgency. Such a motion can be moved without notice. (see Clause 14(3) LGMR)
(2) Despite Clause 30 of this Code, only the mover of a motion referred to in subclause (1) can speak to the motion before it is put. (see Clause 14(4) LGMR)
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 257
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 258
Item 14: Confidential Session
LOCAL GOVERNMENT ACT, 1993
10A WHICH PARTS OF A MEETING CAN BE CLOSED TO THE PUBLIC? (1) A council, or a committee of the council of which all the members are councillors, may close to the public so much of its meeting as comprises: (a) the discussion of any of the matters listed in subclause (2), or (b) the receipt or discussion of any of the information so listed. (2) The matters and information are the following: (a) personnel matters concerning particular individuals (other than councillors), (b) the personal hardship of any resident or ratepayer, (c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business, (d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret,
(e) information that would, if disclosed, prejudice the maintenance of law, (f) matters affecting the security of the council, councillors, council staff or council property, (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege, (h) information concerning the nature and location of a place or an item of Aboriginal significance on community land, (i) alleged contraventions of any code of conduct requirements applicable under section 440.
(3) A council, or a committee of the council of which all the members are councillors, may also close to the public so much of its meeting as comprises a motion to close another part of the meeting to the public. (4) A council, or a committee of a council, may allow members of the public to make representations to or at a meeting, before any part of the meeting is closed to the public, as to whether that part of the meeting should be closed.
10D GROUNDS FOR CLOSING PART OF MEETING TO BE SPECIFIED (1) The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.
(2) The grounds must specify the following: (a) the relevant provision of section 10A(2) (b) the matter that is to be discussed during the closed part of the meeting, (c) the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in an open meeting would be, on balance, contrary to the public interest.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 259
664 DISCLOSURE AND MISUSE OF INFORMATION (1) A person must not disclose any information obtained in connection with the administration or execution of this Act unless that disclosure is made: (a) with the consent of the person from whom the information was obtained, or (b) in connection with the administration or execution of this Act, or (c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings, or (d) in accordance with a requirement imposed under the Ombudsman Act 1974 or the Freedom of Information Act 1989 , or (e) with other lawful excuse.
1. (1A) In particular, if part of a meeting of a council or a committee of a council is closed to the public in accordance with section 10A (1), a person must not, without the authority of the council or the committee, disclose (otherwise than to the council or a councillor of the council) information with respect to the discussion at, or the business of, the meeting.
2. (1B) Subsection (1A) does not apply to: (a) the report of a committee of a council after it has been presented to the council, or (b) disclosure made in any of the circumstances referred to in subsection (1) (a)-(e), or (c) disclosure made in circumstances prescribed by the regulations, or (d) any agenda, resolution or recommendation of a meeting that a person is entitled to inspect in accordance with section 12. (2) A person acting in the administration or execution of this Act must not use, either directly or indirectly, information acquired by the person in that capacity, being information that is not generally known, for the purpose of gaining either directly or indirectly a financial advantage for the person, the person’s spouse or de facto partner or a relative of the person.
(3) A person acting in the administration or execution of this Act, and being in a position to do so, must not, for the purpose of gaining either directly or indirectly an advantage for the person, the person’s spouse or de facto partner or a relative of the person, influence: (a) the determination of an application for an approval, or (b) the giving of an order. Maximum penalty: 50 penalty units
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 260
MOTION
I move that pursuant to the provisions of Section 10 of the Local Government Act, 1993 the meeting be closed to the public. After a motion to close the meeting has been moved and seconded and before the vote, the Chairman will ask if there are any other matters, besides those listed on the agenda which should be considered in Confidential Session. He will then announce those matters to be considered in Confidential Session. In doing so, the Chairman will give reasons why those matters are to be considered in Confidential Session and explain the way in which discussion of the matter in an open meeting would, on balance, be contrary to the public interest.
CHAIRMAN
The following matters have been listed for consideration in Confidential Session:
14.1 General Manager's Performance Agreement 2019-2020 : 6 Monthly Review The reason for dealing with this report confidentially is that it relates to personnel matters concerning particular individuals (other than Councillors) in accordance with Section 10A(2)(a) of the Local Government Act, 1993. Discussion of this matter in an open meeting would be, on balance, contrary to the public interest as it involves discussion of personnel matters concerning the General Manager.
14.2 Blacklead Lane Water Supply Issue The reason for dealing with this report confidentially is that it relates to advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege in accordance with Section 10A(2)(g) of the Local Government Act, 1993. Discussion of this matter in an open meeting would be, on balance, contrary to the public interest as it involves discussion of Advice concering litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege..
14.3 Mudgee Health Precinct Master Plan Progress Update The reason for dealing with this report confidentially is that it relates to commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it in accordance with Section 10A(2)(d)(i) of the Local Government Act, 1993. Discussion of this matter in an open meeting would be, on balance, contrary to the public interest as it involves discussion of to present the early draft Mudgee Health Precinct Master Plan, inclusive of findings of recent stakeholder consultations.
14.4 Sale of Council Property by Private Treaty
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 261
The reason for dealing with this report confidentially is that it relates to commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it in accordance with Section 10A(2)(d)(i) of the Local Government Act, 1993. Discussion of this matter in an open meeting would be, on balance, contrary to the public interest as it involves discussion of Relates to marketing and pricing of Council owned property.
The Chairman will then ask the General Manager if there are any written representations from the public on the proposed closure of the meeting. The General Manager will read out any written representations received. The Chairman will ask if anyone in the gallery would like to make verbal representations in regard to the matters now to be considered in Confidential Session. The Chairman will then put the motion “to close the meeting” to the vote.
MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 18 MARCH 2020 262
CONFIDENTIAL SESSION