MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 3 DECEMBER 2014 1 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] 26 November 2014 Dear Councillor MEETING NOTICE Ordinary Meeting Wednesday, 3 December 2014 Open Day at 5.30pm Council Meeting commencing at conclusion of Open day Notice is hereby given that the above meeting of Mid-Western Regional Council will be held in the Council Chambers, 86 Market Street, Mudgee at the time and date indicated above to deal with the business as listed on the Meeting Agenda. Members of the public may address the Committee Meeting at Open Day. Speakers are given 5 minutes to outline any issue of relevance to the Council. If you wish to speak at Open Day please contact the Mayor’s Office on 1300 765 002 or 02 6378 2850 by 3.00 pm on the day of the meeting. Alternatively, please make yourself known to the General Manager prior to the commencement of the meeting. Yours faithfully BRAD CAM GENERAL MANAGER 2 MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 3 DECEMBER 2014 AGENDA Item 1: Apologies......................................................................................... 3 Item 2: Disclosure of Interest ....................................................................... 3 Item 3: Confirmation of Minutes ................................................................... 3 3.1 Minutes of Ordinary Meeting held on 19 November 2014 3 Item 4: Matters in Progress ....................................................................... 24 Item 5: Mayoral Minute .............................................................................. 25 Item 6: General Business .......................................................................... 26 6.1 Notices of Motion 26 6.1.1 Council Meetings - Once per Month 26 6.2 Reports 28 6.2.1 Planning Proposal –“Menah” Change in Minimum Lot Size and Zoning for 2ha and 12 ha Lots 28 6.2.2 Monthly Development Applications Processing & Determined 34 6.2.3 Monthly Budget Review October 2014 42 6.2.4 Financial Assistance applications 44 6.2.5 Application for Closure and Purchase of Part Perry Street Road Reserve 50 6.2.6 Water Consumption – 123 Goolma Road Gulgong - Property 20154 62 6.2.7 Naming of unnamed street in the subdivision off Adams Lead Road 69 6.2.8 Naming of unnamed streets in a subdivision off Henry Bayly Drive 75 6.2.9 Rylstone Pedestrian Bridge Tender Process 81 6.2.10 Sealing Causeway Approaches on Unsealed Roads 83 6.2.11 Provision of Hardware & Building Supplies 92 Item 7: Urgent Business Without Notice .................................................. 101 Item 8: Confidential Session . 8.1.1 EOI for Early Childhood Centre Operator 8.1.2 Maloneys Road Realignment Item 9: Open Council MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING - 3 DECEMBER 2014 3 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 November 2014 Council Decision: That the Minutes of the Ordinary Meeting held on 19 November 2014, Minute Nos 498/14 to 518/14 be taken as read and confirmed. The Minutes of the Ordinary Meeting are attached overleaf. MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 3 DECEMBER 2014 4 Minutes of the Ordinary Meeting of Council Held at the Council Chambers, 86 Market Street, Mudgee on Wednesday 19 November 2014, commencing at 5.34pm and concluding at 6.09pm PRESENT Cr D Kennedy (Mayor), Cr P Cavalier (Deputy Mayor), Cr EE Martens (AM), Cr PA Shelley, Cr JP Thompson, Cr MB Walker, Cr JK Weatherley, Cr JR Webb, Cr L White. IN ATTENDANCE General Manager (B Cam), Director Operations (D Colwell), Director Development (C Van Laeren), Director Community (S Jones), Acting Director Corporate (L Johnson), Corporate Communications Officer (P Goldsmith). MEDIA Mudgee Guardian / The Weekly (E Watson and D Snyder), Radio 2MG (M REPRESENTATIVES Heldon) Item 1: Apologies There were no apologies. Item 2: Disclosure of Interest Councillors Weatherley and Walker declared a non-pecuniary conflict of interest in Item 6.2.5 as they are committee members of the Mudgee Race Club. The Mayor spoke briefly about the recent presentation of an Annual Wollemi Award to the Kandos Centenary Committee and recognised the hard work of the Committee members and Councillor Martens for the Kandos Centenary. Item 3: Confirmation of Minutes 498/14 MOTION: Cavalier / Martens That the Minutes of the Ordinary Meeting held on 5 November 2014 (Minute Nos. 474/14 to 497/14) be taken as read and confirmed. The motion was carried with Councillors voting unanimously. Item 4: Matters in Progress Noted. Page 1 of the Minutes of the Ordinary Meeting of Council held on Wednesday 19 November 2014. ____________________________ ____________________________ Mayor General Manager MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 3 DECEMBER 2014 5 Item 5: Mayoral Minute There was no Mayoral Minute. Item 6: General Business 6.1 NOTICES OF MOTION 6.1.1 CRICKET PITCH PRACTICE NET GOV400022, GOV400038 499/14 MOTION: Shelley / Cavalier That: 1. Council fund and construct a Cricket practice net not exceeding $15,000 from Capital reserves; 2. Funds not required be returned to Capital reserves; 3. Net to be located adjacent to Sammy’s Flat Cricket pitch; and 4. Council continue to apply for grant funding to offset cost to ratepayers. AMENDMENT: Thompson / Martens That Council defer this matter and seek grant funding to construct the cricket practice nets. The amendment was put and lost carried with Councillors voting as follows: Councillors Ayes Nayes Cr Cavalier Cr Kennedy Cr Martens Cr Shelley Cr Thompson Cr Walker Cr Weatherley Cr Webb Cr White The motion was put carried with Councillors voting unanimously. Page 2 of the Minutes of the Ordinary Meeting of Council held on Wednesday 19 November 2014. ____________________________ ____________________________ Mayor General Manager MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 3 DECEMBER 2014 6 6.2 REPORTS TO COUNCIL 6.2.1 DA0359/2014, STAGED SUBDIVISION - TORRENS TITLE - 3 INTO 9 LOTS AT WINDARRA 132 OLD GRATTAI ROAD, ERUDGERE GOV400038, DA0359/2014 500/14 MOTION: Walker / Shelley That: 1. the report by the Senior Town Planner on the DA0359/2014, Staged Subdivision - Torrens Title - 3 into 9 Lots - Windarra 132 Old Grattai Road, Erudgere be received; 2. Development Application DA0359/2014 for the Staged subdivision - 3 into 9 Lots - Windarra 132 Old Grattai Road ERUDGERE be approved with the following conditions; APPROVED DEVELOPMENT 1. Development is to be carried out generally in accordance with stamped plans and Statement of Environmental Effects dated April 2014 by Insites – Development Consultants 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. a. Job No. I751MU, Dwg No. I751-001e Issue E b. Job No. I751MU, Dwg No. I751-003b Issue B c. Job No. I751MU, Dwg No. I751-004b Issue B GENERAL CONDITIONS 2. A restriction as to user shall be created over lots 4, 6, 8, 9 and 10. The restriction on user shall be created in accordance with the relevant section of the Conveyancing Act incorporating a notation which identifies the building envelopes as depicted on the approved plans. The restriction is to have the effect of limiting future development for the purpose of dwelling houses and outbuildings to the building envelope areas due to culturally sensitive areas. Mid-Western Regional Council is to be nominated as the varying authority over all lots. 3. A restriction as to user shall be created over all lots. The restriction on user shall be created in accordance with the relevant section of the Conveyancing Act incorporating a restriction excluding any building over the area identified as High Biodiversity Sensitivity. Mid-Western Regional Council is to be nominated as the varying authority over all lots. Page 3 of the Minutes of the Ordinary Meeting of Council held on Wednesday 19 November 2014. ____________________________ ____________________________ Mayor General Manager MID-WESTERN REGIONAL COUNCIL ORDINARY MEETING – 3 DECEMBER 2014 7 ENGINEERING CONSTRUCTION 4. Prior to development the applicant shall advise Council’s Development Department, in writing, of any existing damage to Council property before commencement of works. The applicant shall repair (at their own expense) any part of Council’s property damaged during the course of this development in accordance with AUS-Spec #1/2 (as modified by Mid-Western Regional Council) and any relevant Australian Standards. 5. 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. 6. 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. STORMWATER DRAINAGE 7. All earthworks, filling, building, driveways or other works, are to be designed and