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Minutes of the

Ordinary Meeting of Council

Thursday 23 February 2023

4.00pm

Council Chambers
209 Comur Street, Yass

Table of Contents

1. Prayer. 3

2. Apologies. 3

3. Declaration of Interest/Disclosures. 3

4. Confirmation of Minutes. 4

5. Mayoral Minute. 4

6. Reports to Council 4

6.1 Council-Related Development Applications. 4

6.2 Variations to Development Standards Quarterly Report. 4

6.3 Development Consent DA175305 - Request for Deferred Payment of Contributions - Village Subdivision - 17 South Street, Murrumbateman. 5

6.4 Modification Development Consent No DA200158 - Three Lot Village Subdivision, 20-24 Silver Street, Bowning 5

6.5 Development Application No DA220241 - Change of Use to Formalise an Existing Barn as a Dwelling House, 5 Ambleside Avenue, Murrumbateman. 6

6.6 Development Application No DA220242 - Formalising Existing Workshop and Use, 5 Ambleside Avenue, Murrumbateman. 6

6.7 Fixing Local Roads Round 4 and Regional and Local Roads Repair Program Grant Schemes. 7

6.8 Draft South East and Tablelands Regional Transport Plan. 7

6.9 Water Source Strategy & Murrumbidgee Regional Water Strategy (Draft). 8

6.10 Yass Water Treatment Plant Upgrade Project Update. 9

6.11 Material Recycling Facility Canberra. 9

6.12 Draft 2021/22 Financial Statements. 9

6.13 Investments and Borrowings Report - December 2022 and January 2023. 10

6.14 Delivery Program Six Month Progress Report. 10

6.15 Class Action by Richmond Valley Council against JLT. 12

6.16 Yass Music Club Request for Financial Support. 12

6.17 Federal Government Funding for Trove. 12

6.18 Southern Tablelands Steering Committee Annual Report. 13

6.19 Summer Holiday Program Overview.. 13

6.20 Proposed Sculpture, Fagan Drive, Bookham.. 14

7. Notice of Motion. 14

7.1 Notice of Motion - Yass & District Historical Society. 14

8. Questions with Notice. 15

8.1 Yass Soldiers Memorial Hall - Leasing of Office Space. 15

8.2 Yass & District Historial Society Possible Assistance. 16

9. Minutes and Recommendations of Council Committees. 16

9.1 Minutes of the Local Emergency Management Committee and Rescue Committee held on 1 December 2022 16

9.2 Minutes of the CRJO Board Meeting held on 9 December 2022. 16

9.3 Minutes of the Sustainability Advisory Committee Meeting held on 31 January 2023. 16

9.4 Minutes of the Traffic Facilities Committee Meeting held on 1 February 2023. 17

9.5 Minutes of the Yass Soldiers Memorial Hall Advisory Committee meeting held on 9 February 2023 19

9.6 Minutes of the Public Art Focus Group held on 13 February 2023. 19

10. Confidential Matters. 20

Open Forum

Presentations to Council – Items on the Meeting Agenda

· Craig McGaffin (Teams)
Item 6.4 – Modification Development Consent No DA200158 – Three Lot Village Subdivision, 20-24 Silver Street, Bowning

· Muhammad Asfour (Did not attend)
Item 6.5 – Development Application No DA220241 – Change of Use to formalise an Existing Barn as a Dwelling House, 5 Ambleside Avenue, Murrumbateman

Item 6.6 – Development Application No DA220241 – Formalising Existing Workshop and Use, 5 Ambleside Avenue, Murrumbateman

· Harvey Walsh (Attended)
Item 6.8 – Draft Transport Plan for the South East & Tablelands Region

Council Meeting - The Mayor declared the meeting open at 4.13 pm.

Present

Councillors Allan McGrath, Mayor, in the chair, Jim Abbey, Cecil Burgess, Kristin Butler, Adrian Cameron, Jasmin Jones, Cayla Pothan, Mike Reid and Kim Turner.

Also present were the Chief Executive Officer – Chris Berry, Director of Planning & Environment – Julie Rogers, Director of Corporate & Community – Lynette Safranek and Manager Media & Communications – Gabby Lucas.

Acknowledgement of Country

1. Prayer

2. Apologies

Nil

3. Declaration of Interest/Disclosures

Councillor Burgess declared a non-significant, non-pecuniary conflict of interest in Item 6.7 – Fixing Local Roads Round 4 & Regional and Local Roads Repair Program Grant and stated that he did not believe his interest would preclude him from voting.

Reason: Councillor Burgess declared an interest as he is resides on Back Creek Road.

Councillor Turner declared a non-significant, non-pecuniary conflict of interest in Item 6.3 – Development Consent DA175305 – Request for Deferred Payment of Contributions – Village Subdivision – 17 South Street, Murrumbateman and stated that he believed his interest would preclude him from voting.

Reason: Councillor Turner declared an interest as the applicant has acted as his solicitor and is a Trustee of his Estate.

Councillor Butler declared a non-significant, non-pecuniary conflict of interest in Item 6.3 – Development Consent DA175305 – Request for Deferred Payment of Contributions – Village Subdivision – 17 South Street, Murrumbateman and stated that she believed her interest would preclude her from voting.

Reason: Councillor Butler declared an interest as she lives across the road from the development.

4. Confirmation of Minutes

RESOLVED that the minutes of the Ordinary Council Meeting held on 14 December 2022 covered by resolution numbers 287-307 inclusive, copies of which had been circulated to all Councillors, be taken as read and confirmed.

(Jones/Abbey) 1

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

5. Mayoral Minute

6. Reports to Council

6.1 Council-Related Development Applications

SUMMARY

Amendments to the Environmental Planning & Assessment Regulation 2021 commencing on 3 April 2023 will require all Councils to have a conflict of interest policy in place for handling Council-related Development Applications. It is proposed to amend Council’s Community Engagement Strategy and Development Assessment & Decision Making Policy to reflect the changes in the Regulation.

RESOLVED that the Community Engagement Strategy and Development Assessment & Decision Making Policy be amended as detailed in this report to incorporate the new Council-related Development Application requirements.

(Jones/Pothan) 2

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

6.2 Variations to Development Standards Quarterly Report

Summary

Reporting on development standard variations approved in the fourth quarter (October– December) of 2022.

RESOLVED that the report on approved development variations for the fourth quarter of 2022 be noted.

(Turner/Reid) 3

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

At 4.16 pm Councillors Butler and Turner left the Chambers.

6.3 Development Consent DA175305 - Request for Deferred Payment of Contributions - Village Subdivision - 17 South Street, Murrumbateman

SUMMARY

To present the request to defer payment of development contributions via a Voluntary Planning Agreement (VPA) in relation to Development Consent DA175305 for the village subdivision of 17 South Street, Murrumbateman. This request is consistent with previous and similar arrangements. It is recommended that the draft VPA be amended to ensure the Developer is responsible for Council’s associated legal costs, and is subject to a legal review. If no significant legal issues are identified, the draft VPA be placed on public exhibition and then adopted if there are no significant submissions received.

RESOLVED that the draft Voluntary Planning Agreement for the deferred payment of development contributions for Development Consent DA175305, 17 South Street, Murrumbateman:

1. Be amended so that the Developer is responsible for Council’s associated legal costs.

2. Is referred to Council’s solicitors for legal review.

3. If no significant issues are identified by the legal review, it be placed on public exhibition in accordance with the Environmental Planning & Assessment Act 1979 and adopted if no significant submissions are received.

(Abbey/Reid) 4

FOR: Councillors J Abbey, C Burgess, A Cameron, J Jones, A McGrath, C Pothan and M Reid

AGAINST: Nil

At 4.18 pm Councillors Butler and Turner returned to the Chambers.

6.4 Modification Development Consent No DA200158 - Three Lot Village Subdivision, 20-24 Silver Street, Bowning

Summary

To present the assessment of a request to modify Development Consent DA200158 for a three lot subdivision (consolidation and re-subdivision) at 20-24 Silver Street, Bowning. The modification requests a variation to Council policy being the lots not be required to be supplied with a grid electricity connection. Refusal is recommended.

RESOLVED that the request to modify Development Consent DA200158 for a three lot subdivision (consolidation and re-subdivision) at 20-24 Silver Street, Bowning, be refused on the following grounds:

· Clause 6.8 Yass Valley Local Environmental Plan 2013 requires Council to be satisfied of adequate arrangements for essential services, including the supply of electricity.

· The policy requires the supply of grid electricity to lots in subdivisions that are zoned RU5 Village as an adequate essential service arrangement.

· Supporting the variation would currently set an undesirable precedent for subdivisions in the RU5 Village and residential zones across the Yass Valley.

· The circumstances of the case are not unique to the extent that would warrant supporting the proposed variation.

(Reid/Jones) 5

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

6.5 Development Application No DA220241 - Change of Use to Formalise an Existing Barn as a Dwelling House, 5 Ambleside Avenue, Murrumbateman

Summary

To present the assessment of Development Application DA220241 for change of use to formalise an existing barn as a dwelling house at 5 Ambleside Avenue, Murrumbateman. The application attracted eight submissions. Refusal is recommended.

RESOLVED that Development Application DA220241 for a change of use of an existing barn being to a dwelling house at 5 Ambleside Avenue, Murrumbateman be refused as insufficient information has been provided for a complete assessment pursuant to s4.15 Environmental Planning & Assessment Act 1979.

(Jones/Pothan) 6

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

6.6 Development Application No DA220242 - Formalising Existing Workshop and Use, 5 Ambleside Avenue, Murrumbateman

Summary

To present the assessment of Development Application DA220242 for formalising existing workshop at 5 Ambleside Avenue, Murrumbateman. Refusal is recommended.

RESOLVED that Development Application DA220242, formalising the existing workshop and its use as a creative art studio for hobbies at 5 Ambleside Avenue, Murrumbateman be refused for the following reasons:

1. Insufficient information has been provided to allow an assessment pursuant to s4.15 Environmental Planning & Assessment Act 1979.

2. Insufficient information has been provided to Council to characterise the development for the purposes of the Yass Valley Local Environmental Plan 2013.

(Turner/Reid) 7

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

6.7 Fixing Local Roads Round 4 and Regional and Local Roads Repair Program Grant Schemes

SUMMARY

To present a report confirming additional grant funding for Transport Infrastructure Assets.

RESOLVED that :

1. The Fixing Local Roads Grant Round 4 for Stage 2 of the rehabilitation of Back Creek Road, Gundaroo to the value of $2,979,110 be accepted.

2. An allocation of $540,112.64 from the Development Contribution Reserve as its co-contribution to Stage 2 of the rehabilitation of Back Creek Road, Gundaroo.

3. The Regional and Local Road Repair Program grant for various corrective maintenance activities to the value of $2,295,489 be accepted.

4. Council’s 2022/23 Operational Plan to be amended to reflect financial implication and the draft 2023/24 Operational Plan include the financial implications.

(Abbey/Turner) 8

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

6.8 Draft South East and Tablelands Regional Transport Plan

SUMMARY

Transport for NSW (TfNSW) has prepared a draft Transport Plan for the South East & Tablelands Region and requested Council to provide feedback.

RESOLVED that .

1. The draft South East & Tablelands Regional Transport Plan not be supported in its current form.

2. TfNSW be provided with the concerns identified in this report.

3. State and Federal government representatives be lobbied to not allow the draft South East & Tablelands Regional Transport Plan to be adopted until the concerns identified have been addressed.

4. Council work with the CRJO to establish common concerns with the draft South East & Tablelands Regional Transport Plan to assist with lobby for changes.

(Abbey/Reid) 9

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

6.9 Water Source Strategy & Murrumbidgee Regional Water Strategy (Draft)

SUMMARY

Analysis undertaken through a secure yield analysis as part of the draft Integrated Water Cycle Management (IWCM) Plan Issues Paper indicates that the Yass water supply may not have adequate security of supply. This suggests that there is a risk that the supply could fail during an extended dry period as the town water demands grow.

DPE Water released their discussion papers on the draft Murrumbidgee Regional Water Strategy (RWS) in December 2022. Yass did not experience any shortfall in that analysis however the RWS indicates that further consideration is required as part of Council’s strategic planning process.

Council staff will work with DPE Water to examine Yass as a potential case study as part of an investigation into approaches that could be used for town water security assessments using the latest climate data developed as part of the NSW Regional Water strategies.

RESOLVED that :

1. Submissions be made on the Draft Regional Water Strategy Murrumbidgee Discussion Paper: Draft Regional Challenges December 2022 and the Draft NSW Murray and Murrumbidgee Regional Water Strategies Climate and Hydrological Modelling December 2022 highlighting the modelling for Yass not experiencing any water supply shortfalls is inconsistent with Council’s adopted Water Source Strategy.

2. Council staff continue to work with DPE Water on a review or the water security assessment for Yass as one of the case studies to inform the regional modelling assessments.

(Pothan/Reid) 10

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

6.10 Yass Water Treatment Plant Upgrade Project Update

SUMMARY

The Yass Water Treatment Plant Upgrade Project is an important and challenging project for the Yass Valley Council. Council requested bimonthly update reports be provided on the project.

RESOLVED that the update report and work completed on the Water Treatment Plant Upgrade Project be noted.

(Turner/Abbey) 11

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

6.11 Material Recycling Facility Canberra

SUMMARY

This report is to advise of a fire at the Materials Recycling Facility (MRF) located at Hume ACT, the current temporary arrangements for Council to dispose of kerbside recycling, and the additional cost.

RESOLVED that :

1. The recycling arrangement with Regroup continue, pending an alternative price competitive solution.

2. Increased fees and charges will be considered in the preparation of the 2023/24 and 2024/25 budget.

(Reid/Pothan) 12

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

6.12 Draft 2021/22 Financial Statements

SUMMARY

In accordance with s413 Local Government Act 1993, approval is sought to refer the Draft 2021/22 Annual Financial Statements to Council’s external auditor. Council’s draft unaudited financial performance resulted in a net operating surplus of $19,605k. In addition, the total cash, cash equivalents, and investment assets increased by $1,920k to $35,675k. In view of the financial performance and financial position highlighted in the above analysis, Council’s current financial position and cash flow is considered sound and stable as at the reporting date.

RESOLVED that :

1. The Draft 2021/22 Financial Statements be referred to the NSW Audit Office.

2. The Statement of Councillors and Management be signed in accordance with s413 (1), (2) and (3) Local Government Act 1993.

3. On receipt of the Audited Reports, forward a copy to the Office of Local Government.

(Turner/Reid) 14

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

6.13 Investments and Borrowings Report - December 2022 and January 2023

SUMMARY

In accordance with clause 212 Local Government (General) Regulation 2005, this report provides a summary of Council’s investments as of 31 January 2023. In accordance with paragraph (1)(b), it can be certified that the investments listed have been made in accordance with the Act, the Regulations and Council’s Investment Policy.

RESOLVED that the Investment Report for December 2022 and January2023 be noted.

(Reid/Pothan) 15

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

6.14 Delivery Program Six Month Progress Report

SUMMARY

In line with the Integrated Planning and Reporting (IP&R) Framework, Council is required to report on progress against the actions and activities identified in its Delivery Program. This report contains the status of actions and activities undertaken for the period 1 July 2022 to 31 December 2022.

RESOLVED that the six monthly Progress Report for the 2022 – 2026 Delivery Program for period 1 July 2022 to 31 December 2022 be noted.

(Jones/Reid) 16

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

6.15 Class Action by Richmond Valley Council against JLT

SUMMARY

To provide an update on the class action by Richmond Valley Council against JLT

RESOLVED that the report on the class action by Richmond Valley Council be noted.

Reid/Turner) 17

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

6.16 Yass Music Club Request for Financial Support

SUMMARY

The Yass Music Club (est. 1953) is celebrating 70 years of providing fine music to the Yass Valley region. The group is looking for Council support for its 2023 season.

RESOLVED that the Yass Music Club be provided with financial assistance to the value of $7,000 through reallocation of unused 2022/23 Section 356 Financial Assistance funds.

(Jones/Abbey) 18

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

6.17 Federal Government Funding for Trove

SUMMARY

Trove, the National Library of Australia’s expansive public digital archive is used by local historians, family historians and researchers. Trove provides access to the National Library of Australia (NLA) collections and the collections of other cultural institutions, ensuring they are available to all Australians free of charge, regardless of where they live and who they are, receiving over 20 million visits per year. It is now feared that the Federal Government will remove funding for Trove.

RESOLVED that :

1. Representation be made to the local Federal Member, Hon. Kristy McBain, in relation to the need for a sustainable Federal funding model for the continuation of free access to the Trove National Database and upgrade of the digital archive systems of Trove.

2. Representations be made to the Hon. Tony Burke, Federal Minister for the Arts and the Hon. Paul Fletcher, Shadow Minister for Science, and the Arts, calling for sustainable funding to ensure the continuation of free access to the Trove National Database and upgrade of the digital archive systems of Trove.

3. The actions of the NSW Public Libraries Association in lobbying for additional sustainable funds for the continuation of free access to the Trove National Database and upgrade of the digital archive systems of Trove be endorsed.

(Cameron/Abbey) 19

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

6.18 Southern Tablelands Steering Committee Annual Report

SUMMARY

The Southern Tablelands Steering Committee (STSC) is required to plan, lead, and execute actions arising from the Tablelands Destination Development Plan 2020 to 2025 (TDDP), under the direction of the Southern Tablelands Coordination Agreement (STCA). The 2021/2022 Annual Report provides an update of the projects undertaken throughout the year by the STSC members.

RESOLVED that the Annual Report of the Sothern Tablelands Steering Committee be noted.

(Turner/Reid) 20

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

6.19 Summer Holiday Program Overview

SUMMARY

Thanks to NSW State Government Summer Holiday grant program Council was able to offer an extensive range of varied events and activities during January 2023 across the Yass Valley for youth.

RESOLVED that the 2023 Summer Holiday Program Overview report be noted.

(Reid/Turner) 21

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

6.20 Proposed Sculpture, Fagan Drive, Bookham

SUMMARY

To present the recommendations of the Public Art Focus Group out of session discussions for a proposed sculpture in Fagan Drive, Bookham.

RESOLVED that the proposed sculpture to commemorate Dr Kevin Fagan submitted by the Bookham Community Association be endorsed subject to:

1. A plaque (separate to the sculpture) including a photograph or sketch of Dr Fagan with some additional information regarding his service to the local community

2. Names of others who served not being included in the sculpture as the focus of the sculpture is to recognise Dr Fagan.

3. Obtaining a Roads Approval (including appropriate insurances and details of foundations for the structure).

(Abbey/Pothan) 22

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

7. Notice of Motion

7.1 Notice of Motion - Yass & District Historical Society

SUMMARY

Councillor Jasmin Jones has given notice that at the Ordinary Council Meeting on 23 February 2023, she will move the following motion:

Motion

That:

1. Council strongly advocates to the State Government to secure the use of the former NSW Ambulance building in Meehan Street as a short to medium term home for the highly valued volunteer run Yass & District Historical Society and its valuable collection and archives.

2. The Yass & District Historical Society's collection to remain in situ during proposed 2023 building works should the Society wish for the collection to remain during this period of construction.

3. The Council roofing contractors be instructed to provide sufficient tarps during the exposure of the roof during the proposed works to provide some level of protection from inclement weather.

4. All accesses to the upstairs archives following the completion of the roof works be permitted for nominated Records Retrieval Officers of Yass & District Historical Society to access the collection based on a risk assessment a risk assessment and safe work method statement by the Society, in consultation with Council’s Coordinator Risk Management, and a list of trained officers from the Society be provided to Council administration.

5. In principle support be given to the Yass & District Historical Society, as the longest tenancy at the hall use to use the current Library rooms at the back of Memorial Hall following the relocation of the library to the Crago Mill Precinct.

6. A written report on the risks associated with the current location of the Yass & District Historical Society collection be presented to Council (including load bearing risks to the structural integrity of the building, access issues).

RESOLVED that :

1. Pending the Yass & District Historical Society securing an acceptable alternate permanent home for its collection and operation, Council gives in principle support for YDHS to be offered first option of the location of the current Library rooms at the back of the Memorial Hall (subject to the rooms being compliant with relevant standards for a public use) following the relocation of the new library to the Crago Mill Precinct.

This support acknowledges the long tenancy of 40+ years up to an including 2023 of the YDHS within the Yass Soldiers' Memorial Hall and the important service the Society volunteers provide our community.

2. Council requests a written report on the risks associated with the Memorial Hall upstairs level including the former location of the Archives collection be presented to Council (including load bearing risks to the structural integrity of the building, asbestos, and access issues).

(Jones/Abbey) 23

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

8. Questions with Notice

8.1 Yass Soldiers Memorial Hall - Leasing of Office Space

Councillor Cameron submitted the following Question with Notice:

Following the decision to commercially let space at Yass Soldiers' Memorial Hall it was resolved by YVC at its meeting on October 27, 2022, Item 10.4 that.......'discussions be commenced with community organisations regarding options for future accommodation.' Can our CEO advise how many discussions have been held with community organisations about accommodation, the number of organisations with which YVC has met, when, and the outcomes of these meetings/discussions and dates for future meetings/discussions?

Note: Response provided in the Business Papers

8.2 Yass & District Historial Society Possible Assistance

Councillor Cameron submitted the following Question with Notice:

Why were no discussions held with Yass & District Historical Society about possible future accommodation options until after YVC issued an eviction notice giving the Society just 19 days to move 200 years of our historical records from upstairs in the Yass Soldiers' Memorial Hall with no offers of financial or other assistance to do this?

Note: Response provided in the Business Papers

9. Minutes and Recommendations of Council Committees

9.1 Minutes of the Local Emergency Management Committee and Rescue Committee held on 1 December 2022

RESOLVED that the minutes of the Local Emergency Management Committee and Rescue Committee meeting held on 1 December 2022 be noted.

(Turner/Abbey) 24

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

9.2 Minutes of the CRJO Board Meeting held on 9 December 2022

RESOLVED that the minutes of the CRJO Board meeting held on 9 December 2022 and adopt the following alternate recommendations:

Item 11.2 Waste and Sustainability Materials Strategy 2022-2027

That the Waste and Sustainability Materials Strategy 2022-2027 be referred to the Sustainability Advisory Committee for comments to Council for consideration.

Item 11.3 Canberra Region Joint Organisation Membership Fees

That the 2023/24 CRJO increased membership fees be included in the 2023/24 Operational Plan.

(Butler/Abbey) 25

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

9.3 Minutes of the Sustainability Advisory Committee Meeting held on 31 January 2023

RESOLVED that the minutes of the Sustainability Advisory Committee meeting held on 31 January 2023 be noted and the following revised recommendations be adopted:

Item 4.3 Draft South East & Tablelands Regional Transport Plan

That the Council submission on the draft South East & Tablelands Regional Transport Plan include the broad issues raised by the Committee.

(Jones/Reid) 26

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

9.4 Minutes of the Traffic Facilities Committee Meeting held on 1 February 2023

RESOLVED that the minutes of the Traffic Management Committee meeting held on 1 February 2023 be noted and the following recommendations be adopted:

Item 1.1 – Feedback in Relation to the 2022 Yass Christmas Parade

That:

1. Council amend its standards event approvals to include a condition that requires the event organiser to consult with school bus operators when the event is likely to impact the transport network in school bus hours.

2. Any change to the Date or time of an event will need to go back to Traffic Committee for consultation

Item 1.2 - 2023 Yass Remembrance Day Road Closures

That:

1. Yass 2023 Remembrance Day ceremony road closure and associated traffic management be supported

2. Council arrange public notification of the road closures and write advice the NSW Ambulance Services and NSW Fire and Rescue

Item 1.3- Road Closures ANZAC Day 2023 - Yass

That:

1. Yass 2023 Anzac Day Road closures and associated traffic management be supported

2. Council arrange public notification of the road closures and write advice the NSW Ambulance Services and NSW Fire and Rescue

Item 1.4 – Road Closures ANZAC Day 2023 - Binalong

That:

1. The Binalong 2023 Anzac Day Road closures and associated traffic management be supported;

2. Council arrange public notification of the road closures and write advice the NSW Ambulance Services and NSW Fire and RescueItem 5

Item 1.5 – Road Closures ANZAC Day 2023 - Sutton

That:

1. The Sutton 2023 Anzac Day Road closures and associated traffic management be supported;

2. Council arrange public notification of the road closures and write advice the NSW Ambulance Services and NSW Fire and Rescue.

Item 1.6 – Road Closures ANZAC Day 2023 - Gundaroo

That:

1. The Gundaroo 2023 Anzac Day Road closures and associated traffic management be supported

2. Council arrange public notification of the road closures and write advice the NSW Ambulance Services and NSW Fire and Rescue

Item 1.7 – Bondi 2 Barossa Charity Ride Event 2023

That the proposed 2023 Bondi 2 Barossa Charity Bike Ride event be approved subject to the following conditions:

1. The organiser is to supply Council with a copy of the current Public Liability Insurance for the event with a minimum $20,000,000 indemnity

2. The event organiser is to arrange for an appropriately certified Traffic Management Plan (TMP) and associate Traffic Guidance Scheme (TGS) to be prepared, as required

3. That the event organiser implement the TMP and associated TGS

4. The event organiser is to arrange the supply and installation/removal of appropriate signs etc. identified in the TMP and associated TGS. All personnel involved must be appropriate accredited

5. Event marshals, event participants etc. will at all times obey the provisions of NSW Transport Legislation

6. The event organiser is to ensure any local traffic, emergency services vehicles etc can safely and efficiently access/egress any property impacted

7. Event organisers, event marshals, volunteers, event participants etc. are to take all possible actions to minimise the effect of the event on the non-event community, throughout the event

8. The event organiser must comply with any COVID-19 restrictions current at the time of the event including compliance with Restrictions on Gathering and Movement Public Health Orders, which may require developing and complying with a COVID-19 safety Plan

9. The event organiser obtain separate approval from the NSW Police HO and TfNSW for the event;

10. Event organisers shall comply with the above conditions and the undertakings. Failure to comply will immediately void this approval.

Item 1.8 - 2023 Hayman Classic Cycling Event

That the proposed 2023 Hayman Classic cycling event be approved subject to the following conditions:

1. The organiser is to supply Council with a copy of the current Public Liability Insurance for the event with a minimum $20,000,000 indemnity.

2. The event organiser is to arrange for an appropriately certified Traffic Management Plan (TMP) and associate Traffic Guidance Scheme (TGS) to be prepared, as required.

3. That the event organiser implement the TMP and associated TGS.

4. The event organiser is to arrange the supply and installation/removal of appropriate signs etc. identified in the TMP and associated TGS. All personnel involved must be appropriate accredited.

5. Event marshals, event participants etc. will at all times obey the provisions of NSW Transport Legislation.

6. The event organiser is to ensure any local traffic, emergency services vehicles etc can safely and efficiently access/egress any property impacted.

7. Event organisers, event marshals, volunteers, event participants etc. are to take all possible actions to minimise the effect of the event on the non-event community, throughout the event.

9. Event organisers shall comply with the above conditions and the undertakings. Failure to comply will immediately void this approval.

Cameron/Reid) 27

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

9.5 Minutes of the Yass Soldiers Memorial Hall Advisory Committee meeting held on 9 February 2023

RESOLVED that the minutes of the Yass Soldiers Memorial Hall Advisory Committee meeting held on 9 February 2023 be noted and the following recommendation be adopted:

Item 4.3 Replacement of Roof Sheeting and Roof Modifications - Yass Soldiers Memorial Hall

That:

1. The Advisory Committee support a recommendation to Council that the Archives may only remain where they currently are until a suitable space such as the Ambulance Station is acquired.

2. The long term permanent solution to occupy the old Library when the new Library is complete be supported by this Committee.

(Turner/Abbey) 28

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

9.6 Minutes of the Public Art Focus Group held on 13 February 2023

RESOLVED that the minutes of the Public Art Focus Group meeting held on 13 February 2023 be noted and the following recommendation adopted:

Item 4.2 Public Art Funding

That:

1. The approach to public art funding be based on:

· Seeking grants and Council budget allocations.

· Encouraging communities to raise their own funds for public artworks.

· Council consider including public art in any Voluntary Planning Agreements

2. Consideration be given to including a budget allocation of $20,000 to $25,000 for public art works in the 2023/24 budget.

(Pothan/Reid) 29

FOR: Councillors J Abbey, C Burgess, K Butler, A Cameron, J Jones, A McGrath, C Pothan, M Reid and K Turner

AGAINST: Nil

10. Confidential Matters

Nil

The meeting closed at 6.27pm.

Ordinary Council Meeting 23 March 2023

6.3 Development Application No DA210293 - Residential Subdivision, 2155 Sutton Road, Sutton

Summary

To present the assessment of Development Application No DA210293 for a staged 18 lot subdivision of Lot 1 DP32236, 2155 Sutton Road, Sutton. The application attracted six submissions and relevant concerns can be addressed by conditions. Approval is recommended.

Recommendation

That conditional Development Consent be issued for Development Application No DA210293 for a staged 18 lot subdivision of 2155 Sutton Road, Sutton.

FINANCIAL IMPLICATIONS

Resources for development assessment are provided for in the current Operational Plan.

POLICY & LEGISLATION

· Environmental Planning & Assessment Act 1979

· Environmental Planning & Assessment Regulation 2021

· Biodiversity Conservation Act 2016

· Roads Act 1993

· Local Government Act 1993

· Yass Valley Local Environmental Plan 2013

· Yass Valley Development Contributions Plan 2018

· Road Standards Policy

· Building Line Policy

· Yass Valley Community Engagement Strategy

· Application Assessment and Decision Making Policy

· Provision of Electricity Supply and Telecommunications Service for Subdivisions Policy

· Road Naming Policy

· Non Urban Fencing Policy

REPORT

1. Application Details

Date Received	-	November 23, 2021
Land	-	Lot 1 DP32236, 2155 Sutton Road, Sutton
Area	-	73.02 ha
Zoning	-	R2 Low Density Residential and RU1 Primary Production

2. Site Description and Locality

The site is located approximately 450m from the Federal Highway in an area characterised by low density and large lot residential development, environmental management and agricultural land.

The development site is located to the south end of and entrance to Sutton. It is irregular in shape and has an area of approximately 73.02 ha.

The site is bounded to the north by Guise Street/Majura Lane and to the east by Sutton Road, the main southern entrance road to Sutton and to the west by a crown road reserve.

The land is characterised by large areas of open grassland interspersed with scattered mature paddock trees and pine plantings. An electricity transmission easement 151.5m wide traverses the site diagonally dividing the land into two halves. Part of the land is prone to seasonal waterlogging or flood flows streams and drainage depressions which drain the site.

The development site is largely undeveloped land which has been used for agricultural purposes including pasture improvement, livestock grazing, horse agistment and polo training. Improvements on the site consists of a single dwelling house, equestrian polo field, farm sheds and a bitumen driveway. The site is undulating, generally sloping towards the stream flowing north to McLaughlins Creek which forms part of upper catchment of Yass River.

A Locality Plan is included in Attachment A.

3. Background

Council adopted the Sutton Masterplan at its meeting of December 2017. The Masterplan set a framework for future development in and around Sutton. The subject site was included in the identified land to accommodate future growth of Sutton.

The Planning Proposal was lodged with Council in July 2018 seeking an amendment to Yass Valley Local Environmental Plan 2013 (Yass Valley LEP 2013) to enable residential development on the site consistent with the Masterplan. Council endorsed this proposal in August 2018 and a Gateway determination was subsequently issued. The Planning Proposal was made in November 2020.

The final version of the Planning Proposal sought to:

· Rezone part of the land from RU1 Primary Production to part R2 Low Density Residential.

· Apply minimum lot sizes of 5,000m² (having no reticulated sewerage system, otherwise minimum lot size 2,000m²) to R2 land with frontage to Guise Street/Majura Lane and adjacent to Sutton Road.

· The residue land to remain RU1 Primary Production with the minimum lot size reduced from 40ha to 10ha inside the indicative bypass route and 20ha outside the route.

The R2 zone sits west of the stream that flows to McLaughlins Creek whilst RU1 Primary Production zone with the 10ha minimum lot size is located to the east of the creek. This area was proposed for equestrian themed development comprising of training centre, stables and an arena for the community to use. This 10ha area will not attract a dwelling entitlement. There is an existing dwelling located on the RU1 zoned land with the 20ha minimum lot size.

Land for the Sutton bypass was also set aside in a location that is clear of existing dwelling and other structures and potential archaeological deposits.

The plan of land use zones and minimum lot sizes is shown in Attachment B and C respectively.

3. Proposal

The submitted application seeks approval for a staged 18 lot residential subdivision with lots ranging in size from 5,000m²(R2 Low Density Residential zone) to 62ha (RU1 Primary Production zone). The proposed lots meet the minimum lot size requirements of the Yass Valley LEP 2013.

It is proposed to undertake the subdivision over three stages:

· Stage 1 – Creation of Lots 1-4 plus residue lot

· Stage 2 - Creation of Lots 5-8 plus residue lot

· Stage 3 - Creation of Lots 9-17

The proposal will result in the existing dwelling and other structures (farm sheds, polo training/riding arena etc) being located within the large rural lot being proposed Lot 18 approximately 62 ha in size.

As part of the subdivision the following is proposed:

· Construction of a 25m wide road off Guise Street/Majura Lane

· Vehicular access to proposed Lots 1-7 will be directly from Guise Street/Majura Lane

· Access to proposed Lots 8-17 will be off a new 25m wide road

· The residue rural lot (Lot 18) will continue to utilise existing access off Sutton Road

· Installation of stormwater infrastructure

· Creation of a 10m “Trafficable Defendable Space” around the perimeter of the subdivision which relates to managing the bushfire risk

· Creation of a 36m and 40m restriction on the use of land to the rear of proposed lots 9 -17 to ensure any future dwelling on these lots is not subject to greater than 10kw/m² heat flux. This is required to manage the bushfire risk

· Creation of Sutton bypass corridor which will be dedicated as a road reserve to Council

Proposed plan of subdivision is included as Attachment D.

4. Public Exhibition

The proposal was publicly exhibited twice. Public exhibition included notice to 30 adjoining and nearby landowners, the Sutton Community Association and a notice published on Council’s website. A total of six submissions have been received (refer Attachment E).

The issues raised in the submissions are discussed as part of the assessment below.

The Applicant has provided a response to address the issues raised in the submissions (refer Attachment F).

5. Referrals

Internal referrals have been completed by Development Control, Infrastructure and Assets, Strategic Planning and Environmental Services. No objections were raised subject to the inclusion of conditions in any consent.

The proposal was referred externally to:

· NSW Rural Fire Service (RFS)

· Transport for NSW (TfNSW)

· DPE – Crown Lands (Crown Lands)

· DPE – Water

· NSW State Emergency Services (SES)

· TransGrid

· Local Aboriginal Land Councils

Refer to the s4.15 Assessment for details of submissions sought or received from public authorities. No objections have been raised subject to the inclusion of requirements in any consent.

A copy of referral responses is included in Attachment G.

6. Assessment

The proposed development has been assessed against the requirements of s4.15 Environmental Planning & Assessment Act 1979. It is considered that the proposed development can be supported for the reasons outlined in the Assessment Report (refer Attachment H).

The following planning issues have been identified including the response to the issues raised in submissions.

6.1 Divert Traffic Away from Village

There is significant concern for Sutton regarding safety for road users requiring action to divert traffic away from the village

The subdivision plan shows the potential alignment of the bypass based on the preliminary designs by the proponents. A bypass would assist to divert traffic away from the village. However, Council will further investigate the alignment once it is identified as a priority project and funding allocated.

6.2 Integration with Current Village Layout

A submission raised the concern that there is a need to ensure the development integrates with the current village layout.

The subdivision pattern within the immediate locality on Guise Street/Majura Lane, West Street and Camp Street are irregular in shape and size. As such the proposed layout is not inconsistent with this mix of lot sizes and shapes.

The subdivision layout is acceptable given the constraints of the land which include a transmission line easement, undulating topography, an established pine plantation, stream, a number of other drainage lines and proposed bypass.

As such the proposed lots are compatible with the existing context and setting of the village and is consistent with the planning proposal.

6.3 Access to Groundwater

A concern is raised that a significant number of new property holders would be seeking access to groundwater via bores.

The proposal is for subdivision only and does not involve drilling/installation of bores. Any future application for groundwater bores will be determined by WaterNSW.

6.4 Future Bypass Road Corridor

A submission has raised concern about the use of the wording “Future Bypass Road Corridor” on the subdivision plan making it sound like it is not an active part of the application. Rather it implies that Council will need to gain permission from the landowner before proceeding with any potential future roadworks. The issue of how the proposed corridor would merge into Sutton Road was also identified.

The alignment for the bypass was determined with the Planning Proposal and has been identified in the subdivision plan. Council will further investigate the most suitable alignment once it is identified as a priority project and funding allocated. Council cannot link the determination of this application with the progress of the bypass.

6.5 The Little Overpass Bridge

A submission suggests that the crossing McLaughlins Creek on Camp Street/Sutton Road is not legally adequate for B Double trucks. This bridge is rated to support traffic not exceeding 10-15 tonnes. Use of this bridge by B Double trucks is creating a very dangerous situation, may trigger a major road accident.

This is not relevant to the assessment of this application.

6.6 Trees along Guise Street and Creek Ecosystem

A submission raises the concern that the trees along Guise Street should not be removed as these trees provide important habitat. The creek ecosystem should not be polluted, or damaged given frogs, waterfowl and other wildlife reside there.

The subdivision plans do not show removal of any trees. However before commencing any works, the Applicant is required to obtain Controlled Activity Approval (CAA) from DPE Water. The CAA application is required to be accompanied with plans demarcating the waterfront land, designated riparian corridors and any areas of encroachment and offsets, detailed drainage plans, a vegetation management plan demonstrating a vegetated riparian corridor and any excavation which interferes with an aquifer or within 40m of the highest bank of the water body.

6.7 Working Hours, Noise and Dust

One of the objections raises the concern about dust and noise disruption during construction. Work should not start at anti-social hours and damage to roads needs to be addressed.

A condition can be included in any Consent that may issue requiring the developer to implement dust suppression measures during the subdivision construction works.

Any development is expected to create a certain amount of noise associated with construction activities. A standard condition can be included in any Consent that may issue for all construction work to comply with the provisions of the Protection of the Environment Operations Act 1997 which includes construction hours.

6.8 Proposed Road Network Layout and Connections

The submissions have raised concern that the proposed road network does not extend to the existing village grid namely West Street. The location of the proposed access road should be relocated to the east to form a cross intersection and continuation of West Street.

As discussed in section 6.2, the proposed road layout is responsive to the site characteristics and constraints. The new road is placed along a minor depression to accommodate stormwater drainage.

6.9 Design of Roads

A submission raises concern that the design of road verges should be required to match those in the existing village and developed without kerb and gutter and with natural stormwater drainage system.

The Sutton Masterplan requires flush kerbs to roads in new village subdivisions but also details verges for roads to be designed to provide swale drains to cater for stormwater runoff. Details will be required to be submitted with the Subdivision Works Certificate.

6.10 Public access to Creek Reserve

Concern has been raised that public access should be provided along the proposed creek reserve and bypass corridor as a walking and cycling routes. This access should be finished with a compacted gravel surface suitable for cyclists.

The proposed buffer along the creek is to be provided to meet the requirements of Planning for Bushfire Protection 2019. The buffer along the creek and around the perimeter of the subdivision is provided to ensure a safe operational environment for emergency management. It will function like a fire trail and is meant for the use of emergency services only. Public/pedestrian access along fire trail/buffer is not proposed nor it is supported by the RFS as this is for emergency purposes only.

The potential alignment for the bypass is identified in the subdivision plan. Further investigations including geotechnical and design studies are required to be carried out for the most suitable alignment once it is identified as a priority project and funding allocated.

6.11 Entry To Village and Landscaping

The submissions raise concerns that the proposed development will be very prominent for Sutton and will potentially form a new entry point to Sutton. In its current form the development does little to add value to the existing township. The development does not make a contribution to improve the public amenity.

The Masterplan requires the inclusion of a 10m wide landscape easement within lots abutting Sutton Road. It is suggested that a 10m wide landscape buffer easement be created along Sutton Road to create a sense of arrival through landscaped avenue, prevent direct vehicular access to Sutton Road and provide visual screen to the subdivision from the main road. The landscaping should also be undertaken for the entire length of Guise Street/Majura Lane frontage of the development site.

A condition can be included in any consent to require a landscaping plan be submitted for approval. A condition can also be included to require that a legal mechanism is implemented for the long-term maintenance of the landscaping by the future owners of land.

6.12 Bypass Road Corridor and Road Noise

A submission raised the concern that at least seven of the proposed lots will be subject to significant road noise from the bypass being right at the back of these blocks. The submission suggests there should be more space for a landscaped verge between roadway and the proposed lots.

All the proposed lots are about 100m in depth. Proposed Lots 9-14 have a buffer of 36m – 40m from the future bypass. No structure is to be built in this area and it is to be maintained to ensure any future dwelling is not exposed to heat flux exposure greater than 10kw/m². This purpose of the buffer is to maintain this area as an inner asset protection zone.

Any future development on the proposed lots would be required to be designed such that road traffic noise from Guise Street/ Majura Lane and the bypass is mitigated by appropriate building design including use of acoustic design principles and use of durable materials. Landscaping for a site is to include acoustic design principles.

6.13 Removal of Lots 4 and 5

A concern is raised that proposed lots 4 and 5 appear to have restricted space for development if the dotted line showing the buffer is continued through these lots.

The Bushfire Assessment Report concludes that the ‘buffer dotted line’ is not required to be extended to these blocks given the largely open and high visible nature of these lots abutting the road with minimum exposure to grassland vegetation and potentially exposure to low radiant heat levels. Having said that proposed lots 4 and 5 both have sufficient area that a dwelling with associated infrastructure can be built and function within the confinement of the lot boundaries.

6.14 Drainage of Watercourse

A submission has asked if any improvement to drainage of the infrequent watercourse is proposed.

No earthworks are proposed within the bed or banks of the watercourse.

6.15 Lot 17

A submission has raised the concern that lot 17 has limited development potential being strangely shaped and restricted heavily from watercourse side.

The proposed land within the confinement of lot 17 is 8,160m². Although irregular in shape and as an inner protection zone, it is considered there is sufficient viable area for the erection of a dwelling house and associated infrastructure.

6.16 Traffic Increase in Majura Lane/Guise Street

A submission is made that seven of the proposed new lots getting direct access onto Guise Street/Majura Lane will increase the traffic in this area. The question is raised about the adequacy of the existing road network to cater for the increase in traffic, resulting from the development.

The application was referred to Transport for NSW (TfNSW) who raised no objections to the development proposal and granted concurrence in accordance with s138 Roads Act 1993 subject to inclusion of conditions. To this end, the Applicant is required to upgrade the Guise Street and Majura Lane in accordance with the requirements of Council’s Road Standards Policy including installation of appropriate roadside drainage. The road has capacity for the traffic generated by the subdivision.

6.17 The Development needs Additional Planning Consideration

An objection raised concern that the proposed development needs additional planning consideration give the proposal forms new entry point for Sutton, determines a path for new Sutton Bypass Road and Sutton itself is expanding significantly in other directions.

The Yass Valley Settlement Strategy provides direction for long-term growth and development for each town and village and this site was identified to accommodate the future growth of Sutton. This has been further considered by the planning proposal and the assessment of this development application.

6.18 Reticulated Water and Sewer System

A submission is made that Council develop town water supply and sewerage system to accommodate these new smaller lots.

Provision of a reticulated water supply and sewerage system is not identified for Sutton.

6.19 Kerb and gutter

Sutton Village Master Plan was adopted to provide greater certainty and structure to the future development of Sutton Village and surrounds. The Master Plan requires flush kerb to roads in new village subdivisions. Any approval of the proposed subdivision will be conditioned accordingly.

6.20 Light Spill

The street lighting is required for vehicular and pedestrian safety, reduced street crimes at the same time providing night amenity. Determination of light design and illumination depends upon road category and all lighting is to comply with AS/NZS 1158, NSW Public Lighting Code and the Essential Energy standards.

However, to be consistent with other developments in the locality, it is recommended that the new road is required to have flagstaff lighting at the intersection of the new road with Guise Street/Majura Lane as well as within the subdivision.

6.21 Stormwater and Flooding

Part of the site is identified as being flood prone. The Applicant is required to show extent of 1:100 year flood on the subdivision plan. Any Consent that may issue will contain the following requirements:

· Details of compliance with applicable flood planning controls to be submitted to Council for approval, including finished floor levels for flood affected lots

· The finished floor levels are to be included in a Restriction to User to ensure future development is compatible with the flood risk of each proposed lot

6.22 Pedestrian and Cycle Network

Sutton Village Master Plan requires provision of pedestrian and cycle facilities in accordance with part 13 and 14 of AUSTROADS. The proposed subdivision plan does not show pedestrian and cycle facilities. However, any approval that may issue can require engineering drawings and details are to be provided to Council prior to issue of a Subdivision Works Certificate to ensure provision of pedestrian and cycle facilities along Guise Street/Majura Land and proposed new road.

7. Conclusion

From the assessment of the proposal and consideration of issues raised in submissions, it is recommended that a Development Consent be issued. Draft conditions are included in Attachment I.

Strategic Direction

CSP Theme Our Environment

CSP Strategy Objective EN3: We have a robust planning framework that considers our rural character and natural landscapes

Strategies EN3.1 - Develop sustainably, integrates environmental, social and economic factors which are in the best interests of the community and the region

Delivery Program Action Complete the comprehensive development control plan

ATTACHMENTS: a. Locality Plan ⇨

b. Zoning Plan ⇨

c. Minimum Lot Size Map ⇨

d. Subdivision Plans ⇨

e. Submissions ⇨

f. Applicant's Response to Submissions ⇨

g. Agencies Response ⇨

h. s.415 Assessment ⇨

i. Draft Conditions ⇨

Ordinary Council Meeting 23 March 2023

6.4 Development Application No DA220304 - Dual Occupancy, 24 Broughton Circuit, Murrumbateman

SUmmary

To present the assessment of Development Application No DA220185 for a dual occupancy at 24 Broughton Circuit, Murrumbateman. The application attracted five submissions. Approval is recommended.

Recommendation

That conditional Development Consent be issued for Development Application No DA220185 for a dual occupancy at 24 Broughton Circuit Murrumbateman.

FINANCIAL IMPLICATIONS

Resources for development assessment are provided for in the current Operational Plan.

POLICY & LEGISLATION

· Environmental Planning & Assessment Act 1979

· Environmental Planning & Assessment Regulation 2000

· State Environmental Planning Policy (Resilience and Hazards) 2021

· State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

· State Environmental Planning Policy (Transport and Infrastructure) 2021

· Yass Valley Local Environmental Plan 2013

· Rural and Rural Residential Land Policy

· Application Assessment and Decision-Making Policy

· Road Standards Policy

· Yass Valley Development Contributions Plan 2018

· Biodiversity Conservation Act 2016

· Local Government Act 1993

· Roads Act 1993

REPORT

1. Application Details

Date Received	-	14 December 2022
Land	-	Lot 5 DP 285351 - 24 Broughton Circuit Murrumbateman
Area	-	2.05 ha
Zoning	-	R5 – Large Lot Residential

2. Site Description and Locality

The site is located in an area characterised by large lot residential development. It is a regular shaped parcel of land with an area of approximately 2ha fronting Broughton Circuit. There is an existing dwelling house located on the subject land.

A Locality Plan is included in Attachment A.

3. Proposal

The submitted application involves the construction of a single storey brick veneer dwelling to create a dual occupancy and the installation of an on-site aerated waste water treatment system (AWTS).

Details of the proposal are included in Attachment B.

4. Public Exhibition

Public exhibition included notice to adjoining and nearby landowners and five submissions have been received. The submissions are included as Attachment C.

5. Assessment

The following planning issues have been identified including responses to the issues raised in submissions.

5.1 On-site Wastewater Management Assessment

Concern has been raised that moveable sprinklers from the on-site wastewater management system may spray into an existing orchard or compromise trees and other vegetation on adjoining land.

This information has been reviewed and no issues have been identified other than a revised site plan is needed (prior to construction) that shows an effluent irrigation area. Conditions of consent are recommended that before the issue of a Construction Certificate, a revised site plan be submitted that indicates minimum buffer distances from the AWTS are achieved. This will ensure no adverse impact on adjoining properties.

5.2 Setback / Location of Dual Occupancy

Council’s Building Line Rural and Rural Residential Land Policy requires a minimum 30m front and 10m side setback for a dwelling house on a lot of this size. The front setback of the dual occupancy is a minimum of 21m and the side setback is 20m. In this regard, the dual occupancy proposes a variation to the front setback policy requirements. The Applicant has made a request to vary the Policy (refer Attachment E) on the following basis:

· The 21m setback is required in order for the proposal to maintain the minimum setbacks and buffer distances to the septic tank, disposal systems and water tank

· Positioning the tank behind the dwelling to obstruct its view, as well as the required minimum buffer distances to the effluent disposal area has resulted in the minimum front setback being reduced by 8.855m from the minimum

· Positioning the dwelling at the required 30m setback may create health issues for the owner/tenant living in the property while also creating structural issues related to undermining and weakening of the footings of the proposed dwelling

The request is reasonable and is supported. It should also be noted that the proposed setback is not inconsistent with adjoining development to the east and west fronting Broughton Circuit. Closer examination of existing development nearby, reveals a variety of front setback distances to Broughton Circuit.

5.3 Second Driveway

A second driveway is shown on the plans submitted as providing access to the proposed dual occupancy.

Prior to the Development Application being lodged, the landowner constructed this second access driveway into the site without approval being obtained under the Roads Act 1993. An inspection has indicated that the access driveway meets the minimum sight distance requirements. If consent is granted, conditions are recommended which require a final compliance inspection of the driveway to be undertaken to ensure it meets all requirements of Council’s Road Standards Policy.

5.4 Design / Size of Dual Occupancy

Concern has been raised that the single storey designed dual occupancy is out of character with other existing development in Broughton Circuit.

An assessment of the plans and schedule of finishes has been undertaken, and the proposal is consistent with other approvals granted for such development in the locality. Being single storey in height, no adverse visual impacts will result if consent is granted. The proposal also complies with all applicable development controls, which set no limits for the size of a dual occupancy.

6. Conclusion

From the assessment of the proposal and consideration of issues raised in submissions, it is recommended that development consent be granted. Draft conditions are included in Attachment F.

Strategic Direction

CSP Theme Our Environment

CSP Strategy Objective EN3: We have a robust planning framework that considers our rural character and natural landscapes

Strategies EN3.4 - Future development, particularly at the residential/agricultural and the residential/industrial interfaces, should be planned for the managed to minimise potential conflict between adjacent land uses

Delivery Program Action Include information in the Development Control Plan

ATTACHMENTS: a. Locality Plan ⇨

b. Proposal ⇨

c. Submissions ⇨

d. s4.15 Assessment ⇨

e. Building Line Variation Request ⇨

f. Draft Conditions ⇨

Quarter	YVC Internal	Contractors
2023 – Q2 (April – June)	38	42
2023 – Q3 (July – September)	45	16
2023 – Q4 (October – December)	18	12
2024 – Q1 (January – March)	0	2
2024 – Q2 (April – June)	0	4
2024 – Q3 (July – September)	2	3
2024 – Q4 (October – December)	0	1
2025 – Q1 (January – March)	2	0
2025 – Q2 (April – June)	2	0
Unknown (managed by other Departments)	0	15
Total	107	95

Ordinary Council Meeting 23 March 2023

6.13 Yass & District Historical Society Archive Relocation Briefing

SUMMARY

This report is to provide Councillors with an understanding of the risks associated with the Yass Soldiers Memorial Hall and how staff determined that the upstairs level was unfit and unsafe for the Yass & District Historical Society archives to remain.

RECOMMENDATION

That the report on the Yass & District Historical Society Archive Relocation be noted.

Financial IMPLICATIONS

Council has spent approximately $50,000 on Engineering and Risk reports in relation to the Yass Soldiers Memorial Hall.

POlicy & Legislation

· Work, Health & Safety Act 2011

· Work, Health & Safety Regulation 2022

REPORT

Council obtained an engineering report on the Yass Soldiers Memorial Hall in 2021 to ascertain the integrity of the building and to determine the extent of footings and foundation movement due to water runoff around the building perimeter which has potential caused structural issues to both the inner and outer walls of the hall.

An initial Structural Engineering Report on cracking and settlement was undertaken in January 2021, on receipt of this report a complete assessment and Dilapidation Report was commissioned by Peak Consulting. The final report and priority recommendations was presented to the Yass Soldiers Memorial Hall Committee and to the Council Meeting in October 2021.

The Peak Consulting report was extensive and thorough in their investigations and covered the following aspects:

· Conduct inspections and compile report on roof condition

· Conduct inspection and compile report on subfloor and floor condition

· Conduct inspection and compile report on condition of the exterior and interior wall surfaces

· Conduct inspection and compile report as to the compliancy of access and egress points throughout the building

· Conduct inspection and compile report as to the compliancy of the steps and stairs throughout the building

· Conduct inspection and compile report as to the compliancy of fire safety compliance installed throughout the building

· Conduct inspection and compile report as the presence and management of asbestos throughout the building

· Conduct inspection and compile report as to the dilapidation status of paint application both internally and externally throughout the building

· Conduct inspection and compile report as to the status of plumbing and drainage throughout the building

· Conduct inspection and compile report as to the serviceability condition of the exterior doors and windows of the building

· Conduct inspection and compile report as to the condition and compliancy of balconies both internally and externally of the building

· Conduct inspection and investigate source of dampness emanating from areas presenting with evidence of mould throughout the building

· Assess and provide priority order of above items that require addressing in order to achieve safety and compliance and protect the amenity of the building.

The highest priorities determined from this report were:

1. Issues caused by Water leaking into the building via the roof and issues caused by runoff water external of the structure

· Electrical

Replace recalled Eaton RCD’s (Completed)

Majority of lighting was identified as old

Majority of cabling identified as aged where it should be replaced

· Asbestos/lead based paint

Asbestos sheeting and asbestos in floor tiles identified

As per the asbestos register areas have been identified throughout the building that are potentially at-risk area for falling lead paint and asbestos sheeting during roof construction works.

Sagging ceilings in upper level can potentially fail if undue strain is applied by further water pooling or any external roof repair work

2. Non-compliant access/Fire Safety

· Fire exit doors, fire stairs, handrails and door latch mechanisms

· Fire reel locations

· Handrails and balustrade heights.

3. Load bearing roof void over archives offices

· This roof void shows evidence of bird nesting

· Deterioration to sarking paper allowing condensation and other moisture to penetrate the roof void creating water damage to timber and ceilings below.

· Racked roofing rafters causing movement and sagging of roof level over the archives room.

4. Mould caused by water dampness

· Due to water leaking into the building from the roof and pooling on/within the ceiling structure.

· There is physical appearance of mould on walls and ceilings in the upstairs area.

· Mould residue appears present in the ceiling linings due to water entering from the roof and soaking into the roof installation.

· There is also an un-flued gas heater present in this room that while in operation and unvented has potential to cause increased condensation on walls and ceiling which can lead to mould growth.

5. Cracks in walls

· Cracks in the outer brick layer of the external clay bricks were found to be caused by water build up at ground level due to downpipes not being connected to storm water.

· Pooled water seeping into ground level foundations causing movement and instability to footings contributing to movement in these cracks due to accumulated moisture in the ground. Excessive rain and wet weather exacerbate variances within the openings.

· Cracks to internal wall and external walls were also contributed to movement in wooden roofing structure of cathedral type roof with tends to spread over time

Cracks 12 mm or more in width indicates the cracking is classified as Category 3.

The NSW Guide to Standards and Tolerances, Part 3.2 Damage to masonry walls (Refer to Table 3.02 0n Page 24). states the following:

§ “Category 3 or greater damage to walls is defective and requires investigation, stabilisation, monitoring and rectification work, which may include breaking out and replacing sections of the wall.”

§ Smaller cracks can be sealed with a colour matched polyurethane to prevent moisture entry and accommodate future movement

The consultant’s report Identifies lead-based paint on the upper level which has commenced cracking and is flaking, Staff have concerns that with the external roof works would increase the likelihood of further deterioration of the paint and adversely increasing health risks and contamination of Archival material.

As per the Peak Consulting report, asbestos has been identified in within the upper level as well as other parts of the building. Staff have concerns that any adverse impact to the internal ceiling because of external roof works poses unacceptable health risk and further contamination to archival material.

Mould and dampness within the upper lever present an extreme risk to health and deterioration to Archival material.

The Dilapidation Report Peak Engineering Part 1 and 2 for supporting documents referred to in the content above are included in refer Attachments A and B.

On 12 February 2023, a Pre-Insurance Renewal and Safety Inspection was undertaken by Council staff. The scope of this audit was to provide advice to the Executive Management Team (EMT) on identified risks and safety issues relevant to the upper level of the building utilised and occupied by Yass & District Historical Society (refer Attachment C).

Following receipt of the pre-insurance renewal and safety inspection, EMT determined that it the first floor area was unfit and unsafe for the Yass District Historical Society in accordance with the Work, Health & Safety Act 2011 and Work, Health & Safety Regulation 2022.

The current roofing contractor requested further assessment of the cracks in both the northern and southern facing walls prior to commencement of re-sheeting works.

The following recommendations were received from Pierre Dragh Consulting Engineer Canberra site inspection report dated 8 March 2023, (Attachment D) to stabilise the cracks in the exterior walls:

· Wall cracks should be repaired with HeliBars and HeliBond Grout. For more information, refer http://heliflex.com.au/applications/crack-stitching/.

· Cracks should be monitored

· Half of the depth of existing mortar should be removed and filled with high strength grout.

These works will be coordinated in stage one of the roof repair and re-sheeting works while scaffolding is in place, additional repairs costs may reduce the scope of works to be undertaken on the repair and re-sheeting program, depending on the additional cost.

Strategic Direction

CSP Theme Our Community

CSP Strategy Objective CO1 - Our health and wellbeing are supported by equitable access services

Strategies CO1.1 - Our community is able to access information, health and services that support physical health and mental wellbeing

Delivery Program Action Maintain and improve access to information and lifelong learning

ATTACHMENTS: a. Memorial Hall - Peak Consulting Dilapidation Report Part 1 ⇨

b. Memorial Hall Dilapidation Report Peak Consulting Part 2 ⇨

c. Pre-Insurance Renewal and Safety Inspection ⇨

d. Pierre Dragh Consulting Engineers - Site inspection Report ⇨

Road/Route	Standard Maximum Restricted access vehicle configuration allowed
Yass Valley Way from the Hume Highway to and including the roundabout at the industrial area/highway service centre	A double
Bellevale Road	B double
Kaveneys Road from the Barton Highway to the Boral quarry entrance	B-double
Paynes Road from the Hume Highway to the quarry entrance	A-double
Nottingham Road – Wee Jasper Road to LGA boundary	B- doubles – forestry purposes only
Wee Jasper Road from Nottingham Road to LGA boundary	B- doubles – forestry purposes only
Comur Street from Grand Junction Road and Laidlaw Street	Nil
Laidlaw Street from Yass River to Orion Street	Nil

Opening Balance 1 2022		$25,400,000
Less: 3 x Maturities		$4,400,000
Add: 3 x New Deposit		$3,500,000
Closing Balance 30 November 2022		$24,500,000

	Balance 30 June 2022	Balance 30 June 2023	Interest Rate	Comment	Principal 2022/23	Interest 2022/23
General Loan	$0	$0			$0	$0
Sewer: Sewer Infrastructure CBA	$3,593,096	$3,399,115	4.82% Fixed	20 years, repaid in 2035/36	$193,981	$169,757
Water: Yass Valley Dam Wall Westpac	$8,276,585	$8,121,843	5.36% Fixed	20 years, Amortisation, 10 years term to Aug 2032	$154,741	$355,937
Water: Yass to M’bateman TCorp	$1,761,055	$1,528,248	2.55% Fixed	10 years, fully repaid in 2029	$232,807	$42,692
Water main and pump station upgrades TCorp	$962,226	$835,022	2.55%	10 years, fully repaid in 2029	$127,204	$23,327
Total loans	$14,592,962	$13,782,636			$810,325	$732,220

Organisation	Address	ABN
EMT Pty Ltd.	1/144 Station Road, Seven Hills, NSW 2147	95 166 388 469
QMax Pumping System Pty. Ltd.	72 High Street, Queanbeyan NSW2620	95 164 437 914