Ordinary Meeting of Council

A G E N D A

Open Forum Page No.

1. Prayer

2. Apologies

3. Declaration of Pecuniary Interests/Special Disclosures

4. Confirmation of Minutes

Minutes of Ordinary Council Meeting held on 16 December 2015............................................................. 5

Special Planning Meeting Minutes held on 10 February 2016

5. Business Arising from Minutes

6. Minutes and Recommendations of Council Committees

6.1 Minutes of the Yass Valley Youth Council Committee Meeting held on 12 November 2015........... 19

6.2 Minutes of the Yass Home Living Support Services Meeting held on 23 November 2015............... 23

6.3 Minutes of the Economic Development & Tourism Committee held on 2 February 2016............... 32

6.4 Minutes of the Southern Tablelands Library Co-Operative Committee held on 2 December 2015 38

6.5 Minutes of the Yass Valley Youth Council Meeting held on 4 February 2016....................................... 48

6.6 Minutes of the Yass Railway Heritage Centre Committee Meetings held on 14 November 2015, 5 December 2015 & 9 January 2016....................................................................................................................... 52

6.7 Minutes of the Aboriginal Advisory Committee held on 11th February 2016........................................ 77

6.8 Minutes of the Floodplain Management Committee held on 10 February 2016.................................. 81

6.9 Minutes Statutory, Regional & Council Supported Committees - Rescue & LEMC meetings......... 84

7. Mayoral Minute

7.1 Mayoral Minute........................................................................................................................................................ 92

8. Director of Planning Reports

8.1 Structural Assessment of Sculpture - Forgotten 2004 ................................................................................ 93

8.2 Donation Request - Yass High School ............................................................................................................. 95

8.3 Re-Establishment of Alcohol Free Zones in Yass township....................................................................... 103

8.4 Draft Community Enhancement Fund Policy................................................................................................. 123

8.5 Draft Tourism Sign Policy..................................................................................................................................... 130

8.6 Development Consent No. 5.2015.222.1 - Tattoo Studio, 41-45 Comur Street, Yass........................ 136

8.7 Development Consent No 5.2014.144.1 - Rural Residential Subdivison, 72 Victoria Street, Sutton 148

8.8 Development Application No 5.2010.314.1 - Filling, 534 Parkwood Road, Wallaroo........................ 160

8.9 Development Application No. 5.2015.283.1 - Function Centre, 528 Back Creek Road, Gundaroo 173

8.10 Development Application 5.2015.298.1 - Front Fence - 56 Stephens Street, Binalong................... 202

9. Director of Engineering Reports

9.1 Yass Heated Swimming Pool.............................................................................................................................. 213

9.2 Replacement of Dicks Creek Bridge................................................................................................................. 215

9.3 Outdoor Workforce - Insufficient Staffing Numbers................................................................................... 217

9.4 Monitoring Requirements Of The Post Remediation Gasworks.............................................................. 219

9.5 Strategic Business Plan for Waste Service...................................................................................................... 220

9.6 Dedication of Public Roads - Two Stick Road and Fairlight Road, Uriarra........................................... 223

10. Director of Finance & Corporate Reports

Nil

11. General Manager Reports

11.1 Commencement of the Local Government Amendment (Councillor Misconduct and Poor Performance Act) 2015 and the Model Code of Conduct for Local Councils in NSW............................................... 252

11.2 Valuation of Heritage Listed Properties.......................................................................................................... 388

11.3 Review of GOV-POL-21 Gifts and Benefits Policy........................................................................................ 393

11.4 Correspondence Management......................................................................................................................... 398

11.5 Operational Plan Progress Report to 31 December 2015.......................................................................... 400

11.6 2nd Quarter Financial Budget Review............................................................................................................. 434

11.7 Investment & Borrowings Report..................................................................................................................... 447

11.8 Leasing of Council Property - 'Hawthorn'...................................................................................................... 456

11.9 Rate Arrears............................................................................................................................................................. 458

12. Notice of Motion

Nil

13. Questions with Notice

Nil

14. Confidential Matters

Nil

Close of Meeting Time

D.J. Rowe

GENERAL MANAGER

YVC_logo_test_transparent

Minutes of the

Ordinary Meeting of Council

Wednesday 16 December 2015

1:30pm

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 3

5....... Business arising from Minutes of Ordinary Meeting. 4

6....... Minutes and Recommendations of Council Committees 4

6.1 Minutes of the Sutton Hall Precinct Management Committee Meeting - 27 October 2015. 4

6.2 Draft Minutes of the Sutton Hall Precinct Management Meeting held on 23 November 2015. 4

6.3 Draft Minutes of the Yass Railway Heritage Centre held on 3 October 2015. 4

6.4 Minutes of the Yass Railway Heritage Centre held on 1 August 2015. 5

7....... Mayoral Minute. 5

........ Late Reports 5

8....... Director of Planning Reports 5

8.1 Yass Valley Towns Strategy Review.. 5

8.2 Draft Truck Parking in Rural Areas Policy. 6

8.3 Continuing Use Rights - Motorsport, Marchmont Racecourse, 120 Gums Lane, Marchmont 6

8.4 Development Application No. 5.2015.244.1 - Hard Rock Quarry, 2936 Dog Trap Road, Jeir 6

8.5 Development Application No 5.2015.248.1 - Dwellings and Subdivision, 42 Rose Street, Murrumbateman. 7

8.6 Revised Gateway Determination - Rural Lands Planning Proposal 7

9....... Director of Engineering Reports 8

9.1 Construction of Sewage Pump Station and Gravity Main to Service North Yass Industrial Area. 8

9.2 Section 94 Contributions Improvement Plan Yass Town. 8

9.3 Purchase of Two (2) Watercart Trucks YVC/BS/02.2014. 9

9.4 Minutes Statutory, Regional and Council Committees 9

9.5 Draft Minutes of the Floodplain Risk Management Committee held on 10 December 2015. 9

10..... Director of Corporate & Community Reports 10

10.1 Southern Phone Grant Scheme. 10

10.2 Investment & Borrowings Report 10

10.3 Financial Hardship Policy. 10

11...... General Manager Reports 11

11.1 Minutes - Canberra Region Joint Organisation (CBRJO) AGM & Board Meeting. 11

11.2 Special Rate Variation Application. 11

12..... Notice of Motion. 11

13..... Questions with Notice. 11

14..... Confidential Matters 11

14.2 Purchase of Two (2) Watercart Trucks YVC/BS/02.2014. 12

14.1 Construction of Sewage Pump Station and Gravity Main to Service North Yass Industrial Area. 12

Open Forum

Presentations to Council – Items on the Meeting Agenda

· Item 8.3 - Continuing Use Rights - Motorsport, Marchmont Racecourse, 120 Gums Lane, Marchmont

Clayton Baldwin

John Walker, Canberra Bulls Speedway Club

· Item 8.4 - Development Application No. 5.2015.244.1 - Hard Rock Quarry, 2936 Dog Trap Road, Jeir

Frank Hodgkinson - speaking on behalf of Susan Carter

· Item 8.5 - Development Application No 5.2015.248.1 - Dwellings and Subdivision, 42 Rose Street, Murrumbateman

Vince Magnocavallo

Council Meeting - The Mayor declared the meeting open at 2.05pm.

Present

Councillors Rowena Abbey, Mayor, in the chair, Cecil Burgess, Greg Butler, Ann Daniel, Geoff Frost, Jasmin Jones, Michael McManus, David Needham and Garry Ware.

Also present were the General Manager – David Rowe, Director of Planning – Chris Berry, Director of Engineering – Gary Chapman, Director of Corporate & Community Services – Sheri Norton and Corporate Administration Coordinator – Julie Buckley.

1. Prayer

2. Apologies

Nil

3. Declaration of Interest/Disclosures

Councillor Butler declared a significant, pecuniary conflict of interest in Item 8.3 – Continuing Use Rights – Motorsport, Marchmont Racecourse, 120 Gums Lane, Marchmont and stated that he did not believe his interest would preclude him from voting.

Reason: Councillor Butler declared an interest as a CAMS official.

Councillors Abbey, Daniel and Burgess declared a significant, pecuniary conflict of interest in Item 8.6 Revised Gateway Determination – Rural Lands Planning Proposal and they stated that they believed their interest would preclude them from voting.

Reason: Councillors Abbey, Daniel and Burgess declared an interest as rural land owners.

Councillor Abbey declared a significant, non-pecuniary conflict of interest in Item 14.1 – Construction of Sewage Pump Station and Gravity Main to Service North Yass Industrial Area and stated that she did believe her interest would preclude her from voting.

Reason: Councillor Abbey declared an interest as a land owner.

4. Confirmation of Minutes

RESOLVED that the minutes of the Ordinary Council Meeting held on 25 November 2015 covered by page numbers 1 - 15 inclusive and resolution numbers 293 - 319 inclusive, copies of which had been circulated to all Councillors, be taken as read and confirmed with the following amendments:

the General Manager’s comments be removed in relation to Item 13.1;

the point of order be removed from Item 12.4.

(Needham/Ware) 320

5. Business arising from Minutes of Ordinary Meeting

Councillor Frost asked that a revised set of minutes for the Extraordinary Meeting of Council held on 18 November 2015 to include the supplementary documents be presented to Council for rectification purposes.

Councillor Frost asked that the General Manager’s comments in Item 13.1 be removed from the minutes.

Councillor Jones asked that the points of order raised in Item 12.4 be added/removed from the minutes.

6. Minutes and Recommendations of Council Committees

6.1 Minutes of the Sutton Hall Precinct Management Committee Meeting - 27 October 2015

FILE: C.02.04.04 - TS

SYNOPSIS

Providing Council with the minutes of the Sutton Hall Precinct Management Committee meeting for Council’s consideration.

RESOLVED that Council receive the Committee Minutes of the Sutton Hall Precinct Management Committee meeting held on 27 October 2015.

(Needham/Burgess) 321

6.2 Draft Minutes of the Sutton Hall Precinct Management Meeting held on 23 November 2015

FILE: C.02.04.04 - TS

SYNOPSIS

Providing Council with the draft minutes of the Sutton Hall Precinct Management Meeting for Council’s consideration.

RESOLVED that Council receive the draft Committee Minutes of the Sutton Hall Precinct Management Meeting held on 23 November.

(Needham/Burgess) 322

6.3 Draft Minutes of the Yass Railway Heritage Centre held on 3 October 2015

FILE: C.02.04.08 - SH

SYNOPSIS

Providing Council with the draft minutes of the Yass Railway Heritage Centre for Council’s consideration.

RESOLVED that Council receive the draft Committee Minutes of the Yass Railway Heritage Centre meeting held on 3 October 2015.

(Butler/Ware) 323

6.4 Minutes of the Yass Railway Heritage Centre held on 1 August 2015

FILE: C.02.04.08 - SH

SYNOPSIS

Providing Council with the minutes of the Yass Railway Heritage Centre Meeting for Council’s consideration.

RESOLVED that Council receive the Committee Minutes of the Yass Railway Heritage Centre meeting held on 1 August 2015.

(Butler/Ware) 324

7. Mayoral Minute

Nil

Late Reports

RESOLVED that council deal with Item 8.6 Revised Gateway Determination – Rural Land Planning Proposal.

(Frost/Jones) 325

RESOLVED that council deal with Item 9.5 Draft Minutes of the Floodplain Risk Management Committee meeting held on 10 December 2015, following Item 9.2.

(McManus/Needham) 326

RESOLVED that council deal with Item 11.2 Special Rate Variation application.

(Butler/Needham) 327

8. Director of Planning Reports

8.1 Yass Valley Towns Strategy Review

FILE: FL.L.02.04.02 - CB

SYNOPSIS

Establishing the need for a working party to oversee the Yass Valley Towns Strategy Review.

RESOLVED that -

1. A Working Party be established to oversee the review of the ‘Towns & Villages Study’ and the preparation of a new Yass Valley settlement strategy;

2. The Working Party comprise of two representatives from the Yass Valley Community Associations Presidents Peak Body and Councillors Butler, Jones and Needham.

(Jones/Butler) 329

8.2 Draft Truck Parking in Rural Areas Policy

FILE: 1234 - CB

SYNOPSIS

Presenting the outcomes for the public exhibition of the draft Truck Parking in Rural Areas Policy.

RESOLVED that -

1. The draft Truck & Transport Depots in Rural Areas Policy, including the revisions responding to the issues raised in the submissions, be adopted;

2. The submitters be advised of the decision.

(McManus/Ware) 330

FORESHADOWED MOTION

MOVED that the revised Truck & Transport Depots in Rural Areas policy lay on the table until the February 2016 Council Meeting.

(Daniel)

8.3 Continuing Use Rights - Motorsport, Marchmont Racecourse, 120 Gums Lane, Marchmont

FILE: PR.4457 - JTK

SYNOPSIS

Considering a request from the Canberra Bulls Speedway Club in relation to continuing use right to undertake motorsport at the Marchmont Racecourse.

RESOLVED that -

1. There is insufficient evidence to confirm continuing use rights for speedway motorsport at the Marchmont Racecourse, 120 Gums Lane, Marchmont;

2. The Canberra Bulls Speedway Club be invited to lodge a Development Application to undertake speedway motorsport on the existing track and for the construction of additional speedway tracks.

(Jones/Frost) 331

FOR: Councillors R Abbey, C Burgess, G Butler, A Daniel, G Frost, J Jones, M McManus,

D Needham and G Ware

AGAINST: Nil

8.4 Development Application No. 5.2015.244.1 - Hard Rock Quarry, 2936 Dog Trap Road, Jeir

FILE: 1777 - KM

SYNOPSIS

Considering Development Application No. 5.2015.244.1 for a hard rock quarry at 2936 Dog Trap Road, Jeir. The quarry is proposed to have a maximum extraction rate of 5,000m³and a maximum disturbance area of 1.62 hectares.

RESOLVED that Conditional Development Consent is issued for Development Application No. 5.2015.244.1 for a hard rock quarry at 2936 Dog Trap Road, Jeir plus an additional requirement for highest level enforcement action to be taken if blasting occurs.

(McManus/Needham) 332

FOR: Councillors R Abbey, C Burgess, G Butler, A Daniel, G Frost, J Jones, M McManus,

D Needham and G Ware

AGAINST: Nil

RESOLVED that council undertake traffic counts on Dog Trap Road with a view to assessing the priority for gravel resheeting.

(Frost/Jones) 333

FOR: Councillors R Abbey, C Burgess, G Butler, A Daniel, G Frost, J Jones, M McManus,

D Needham and G Ware

AGAINST: Nil

8.5 Development Application No 5.2015.248.1 - Dwellings and Subdivision, 42 Rose Street, Murrumbateman

FILE: 7239 - KM

SYNOPSIS

Considering Development Application No. 5.2015.248.1 for a Torrens Title subdivision and the construction of dwellings at 42 Rose Street, Murrumbateman. The proposal involves the variation to the minimum lot size development standard.

RESOLVED that -

1. The applicant’s proposed variation to the minimum lot size development standard be supported;

2. Subject to the receipt of amended plans which comply with Council’s Multi-Unit Development Control Plan, Conditional Development Consent be issued for Development Application No. 5.2015.248.1 for a Torrens Title subdivision and the construction of dwellings at 42 Rose Street, Murrumbateman.

(Ware/Butler) 334

FOR: Councillors R Abbey, C Burgess, G Butler, A Daniel, J Jones, M McManus, D Needham and G Ware

AGAINST: Councillor G Frost

8.6 Revised Gateway Determination - Rural Lands Planning Proposal

FILE: PP-2012-01 - WM

SYNOPSIS

Advising of the receipt of an amended Gateway Determination for the Rural Lands Planning Proposal.

At 3:13pm Councillors Abbey, Burgess and Daniel left the Chambers.

Councillor McManus took the chair.

RESOLVED that -

1. The re-authorised delegation to exercise the functions of the Minister for Planning under s59 Environmental Planning & Assessment Act 1979 be accepted;

2. The Planning Proposal as exhibited be endorsed with the inclusion of a specific clause in accordance with the amended Gateway Determination dated 1 December 2015;

3. The process of amending the Yass Valley Local Environmental Plan 2013 in accordance with the amended Gateway Determination be undertaken;

4. A vote of thanks be given to all those involved.

(Ware/Frost) 335

FOR: Councillors G Butler, G Frost, J Jones, M McManus, D Needham and G Ware

AGAINST: Nil

ABSENT: Councillors R Abbey, C Burgess and A Daniel.

9. Director of Engineering Reports

9.1 Construction of Sewage Pump Station and Gravity Main to Service North Yass Industrial Area

FILE: W.02.01.00 - SS

SYNOPSIS

Submitting details of tenders received to construct a sewage pump station and a gravity sewer main to service North Yass Industrial Developments.

RESOLVED that this item of the Director of Engineering Report be classified as CONFIDENTIAL and considered in the Closed Meeting of Council in accordance with Section 10A(2)(d)(i) of the Local Government Act as the report contains commercial information of a confidential nature.

(Ware/Jones) 336

At 3:16pm Councillors Abbey, Burgess and Daniel returned to the Chambers.

Councillor Abbey returned to the Chair.

9.2 Section 94 Contributions Improvement Plan Yass Town

FILE: T.02.00.00 - PH

SYNOPSIS

In August 2015 Council resolved to exhibit a list of proposed open space improvement projects to be funded from Section 94 contributions. 9 submissions were received and considered at a workshop with Councillors on 9 November 2015. A number of projects from the submissions have been incorporated into the Supplementary Delivery Program 2013 – 2017 (Special Rate Variation version) currently on public exhibition.

RESOLVED that Council note the schedule of Section 94 open space projects contained in the Supplementary Delivery Program currently on public exhibition in relation to the special rate variation.

(Ware/Needham) 337

RESOLVED that a report on the cost associated with construction and operation of a fully enclosed and heated 25metre 6 lane pool in Yass be brought to council.

(McManus/Frost) 338

9.3 Purchase of Two (2) Watercart Trucks
YVC/BS/02.2014

FILE: P0.02.00 - TS

SYNOPSIS

Advising Council of the tender process and evaluation for the purchase of two (2) new replacement watercart trucks.

RESOLVED that this item of the Director of Engineering Report be classified as CONFIDENTIAL and considered in the Closed Meeting of Council in accordance with Section 10A(2)(d)(i) of the Local Government Act as the material in this report is commercial information of a confidential nature.

(Ware/Needham) 339

9.4 Minutes Statutory, Regional and Council Committees

FILE: R.05.12.04 - TC

SYNOPSIS

Providing Council with the draft minutes of the Traffic Facilities Management Committee held on 19 November 2015 in the Board Room at the Yass Soldiers Club. The following recommendations are presented for Council’s consideration and adoption.

RESOLVED that the draft minutes of the Traffic Management Committee meeting held on 19 November 2015 be received.

(Daniel/Ware) 340

9.5 Draft Minutes of the Floodplain Risk Management Committee held on 10 December 2015

FILE: L.02.04.06 - KN

SYNOPSIS

Submitting the draft minutes of the Yass Valley Floodplain Risk Management Committee.

RESOLVED that -

1. Council note the draft Minutes of the Yass Valley Floodplain Risk Management Committee held on 10 December 2015;

2. Yass Valley Council adopt the Gundaroo Flood Study Draft Final Report (December 2015) and the Sutton Flood Study Draft Final Report (December 2015), subject to the submissions received, and that they be placed on public exhibition during the period of Monday 18 January 2016 to Friday 26 February 2016.

(McManus/Ware) 341

10. Director of Corporate & Community Reports

10.1 Southern Phone Grant Scheme

FILE: G.03.00.00 - CC

SYNOPSIS

Council is required to form an assessment panel to review grant applications and make recommendations to Southern Phone Ltd for consideration.

RESOLVED that the Mayor, Councillors McManus and Daniel form the assessment panel for the 2015 Southern Grants phone scheme.

(Burgess/Ware) 342

10.2 Investment & Borrowings Report

FILE: F.01.04.04 - SD

SYNOPSIS

In accordance with the Local Government (General) Regulation 2005 (NSW) Section 212, this report provides a summary of Council’s investments as at 30 November 2015. In accordance with Section (1)(b), it can be certified that the investments listed have been made in accordance with the Act, the appropriate Regulation and Council’s Investment Policy.

RESOLVED that Investment Report as at 30 November 2015 be received and it be noted that the summary has been prepared in accordance with the Act, the Regulation and Council’s Investment Policy.

(Needham/Ware) 343

10.3 Financial Hardship Policy

FILE: P.05.00.00 - SN

SYNOPSIS

Submitting a draft policy to ensure that Council has a policy outlining its commitment to assisting ratepayers who, due to financial hardship, may find it difficult to pay rates, charges or other debts owing to Council. Draft GOV-POL-28 Financial Hardship has been drafted taking into account the options available under the relevant sections of the Local Government Act.

RESOLVED that the draft policy GOV-POL-28 Financial Hardship, as amended, be placed on public exhibition for 28 days and be adopted if there are no substantial issues that arise from the public exhibition.

(Needham/Frost) 344

11. General Manager Reports

11.1 Minutes - Canberra Region Joint Organisation (CBRJO) AGM & Board Meeting

FILE: C.02.07.00 - SG

SYNOPSIS

Presenting, for information only, the minutes of the Canberra Region Joint Organisation (CBRJO) AGM and Board Meeting held on 1 and 2 December 2015.

RESOLVED that the Minutes of the Canberra Region Joint Organisation (CBRJO) AGM and Board meeting held on 1 and 2 December 2015 be received for information.

(Ware/Frost) 345

11.2 Special Rate Variation Application

FILE: R.02.00.00 - DR

SYNOPSIS

The announcement of the 1.8% rate peg by IPART has meant that Council need to consider whether the SRV application should be adjusted. It is recommended that Council proceed with the 8.5% increase over 4 years as canvassed in the recent community consultation. IPART suggested that this was an appropriate strategy.

RESOLVED that -

1. A Special Rate Variation application be prepared on the basis of an 8.5% rate increase for 4 years (cumulative increase of 38.6% ) commencing in 2016/17;

2. A workshop be held on 27 January 2016, if required, to review the draft SRV application;

3. A Special Planning Meeting be held on the 10 February 2016 to endorse the application for lodgement to IPART.

(Ware/McManus) 346

Councillors Frost and Jones requested that their vote be recorded against this motion.

12. Notice of Motion

Nil

13. Questions with Notice

Nil

14. Confidential Matters

RESOLVED that pursuant to Section 10A of the Local Government Act, 1993 the following items on the agenda be classified as CONFIDENTIAL and considered in the Closed Meeting of Council in accordance with Section 10A(2) of the Local Government Act for the reasons as specified:

14.1 Construction of Sewage Pump Station and Gravity Main to Service North Yass Industrial Area

Item 14.1 is confidential in accordance with section s10(A)(2)(di) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

14.2 Purchase of Two (2) Watercart Trucks YVC/BS/02.2014

Item 14.2 is confidential in accordance with section s10(A)(2)(dii) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the council and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

(Ware/Daniel) 347

Closed Council commenced at 3.56 pm.

14.2 Purchase of Two (2) Watercart Trucks YVC/BS/02.2014

FILE: P0.02.00 - TS

SYNOPSIS

Advising Council of the tender process and evaluation for the purchase of two (2) new replacement watercart trucks.

RESOLVED that -

1. Council purchase two (2) FUSO FV51 trucks watercart trucks as per tender from Hartwig for the total value of $495,781.00 including GST, and that the existing items of plant be sold separately through auction at a later date;

2. Options be investigated for financing these vehicles for a period of up to 10 years and a further report be submitted to council for determination.

(Ware/Burgess) 348

Councillor Frost requested that his vote be recorded against this motion.

At 4:02pm Councillor Abbey left the Chambers.

Councillor McManus took the Chair.

14.1 Construction of Sewage Pump Station and Gravity Main to Service North Yass Industrial Area

FILE: W.02.01.00 - SS

SYNOPSIS

Submitting details of tenders received for the construction of sewage pump station and gravity sewer main to service North Yass Industrial Area and seeking approval to award the tender.

RESOLVED that the tender submitted by Poonindie Pty Ltd (t/a Ted Wilson & Sons) be accepted for the amount of $915,256.71 (including GST) for Contract No: YVC/ENG/WS/02/15 for the construction of Sewage Pump Station and Gravity Sewer Main to service the North Yass Industrial Area.

(Needham/Frost) 349

At 4:04pm Councillor Abbey returned to the Chambers and took the Chair.

Open Council resumed at 4.04 pm.

RESOLVED that the recommendations in Closed Council be adopted.

(McManus/Needham) 350

The meeting closed at 4.05pm.

Minutes of the

Special Planning Committee Meeting

Wednesday 10 February 2016

3.00pm

Council Chambers
209 Comur Street, Yass

Table of Contents

1. Apologies 3

2. Declaration Of Interest/Disclosures 3

3. General Manager Reports 3

3.1 Revised Delivery Program 2013-2017. 3

3.2 Special Rate Variation Application. 3

3.3 Organisation Restructure. 4

Present

Councillors Rowena Abbey, Mayor, in the chair, Cecil Burgess, Greg Butler, Ann Daniel, Geoff Frost, Jasmin Jones, Michael McManus, David Needham and Garry Ware.

Also present were the General Manager – David Rowe, Director of Planning – Chris Berry, Acting Director of Engineering – Terry Cooper and Corporate Planning & Executive Support Officer – Shirree Garland.

The Mayor declared the meeting open at 3.10pm.

1. Apologies

Nil

2. Declaration of interest/disclosures

Chris Berry, Director of Planning declared a non-pecuniary conflict of interest in Item 3.3 – Organisation Structure and stated that as the report was not specifically related to his position he would remain in the meeting.

Reason: Chris Berry declared an interest as a staff member.

3. General Manager Reports

3.1 Revised Delivery Program 2013-2017

FILE: C.11.00.00 - DR

SYNOPSIS

The Revised Delivery Program and Long Term Financial Plan must be adopted by Council prior to lodging an application for a Special Rate Variation (SRV).

RESOLVED that the Revised Delivery Program 2013-2017 (incorporating the Special Rate Variation) and Long Term Financial Plan (SRV Version) 2015-2026 be adopted.

(Ware/Needham) 1

FOR: Councillors R Abbey, C Burgess, G Butler, A Daniel, M McManus, D Needham and G Ware

AGAINST: Councillors G Frost and J Jones

3.2 Special Rate Variation Application

FILE: R.02.00.00 - DR

SYNOPSIS

Submitting Part B of IPART’s Special Rate Variation (SRV) Form for Council’s information or endorsement.

RESOLVED that the Special Rate Variation application details be noted for submission to IPART by 15 February 2016.

(Daniel/Ware) 2

3.3 Organisation Restructure

FILE: P.02.01.00 - DR

SYNOPSIS

Council needs to restructure the organisation to provide a greater focus on financial sustainability.

It is proposed that Council operate with three divisions; Finance and Corporate, Engineering and Planning and that the vacant position of Director of Finance and Corporate Services be filled as a staff position.

RESOLVED that -

1. Council’s role in determination of the organisational structure for the purposes of s332 of the Local Government Act shall be taken as determining the number of Directors in the structure and any increase in permanent full time positions within the organisation, excluding additional ‘outdoor’ positions that have been budgeted to allow the implementation of Council’s Delivery Program;

2. Council continue with a three divisional structure headed by three Directors;

3. Council approve the abolition of the position of Director of Corporate and Community Services and the creation of the position of Director of Finance and Corporate Services;

4. All Directors be employed under the Local Government State Award as ‘staff positions’;

5. The Interview Panel for the Director’s position comprise the Mayor, Deputy Mayor, General Manager and a Technical Expert (if required);

6. It be noted that the current full time equivalent staff number on Yass Valley Council is 142.1.

(McManus/Needham) 3

FOR: Councillors R Abbey, C Burgess, G Butler, A Daniel, G Frost, M McManus, D Needham and G Ware

AGAINST: Councillor J Jones

Amendment

1. That Council’s role in determination of the organisational structure for the purposes of S332 of the Local Government Act shall be taken as determining the number of Directors in the structure and any increase in permanent full time positions within the organisation, excluding additional ‘outdoor’ positions that have been budgeted to allow the implementation of Council’s Delivery Program.

2. That Council continue with a three divisional structure headed by three Directors.

3. That Council approve the abolition of the position of Director of Corporate and Community Services and the creation of the position of Director of Finance and Corporate Services.

4. That all Directors be employed as Senior Staff and be employed under contract.

5. That the Interview Panel for the Director’s position comprise the Mayor, Deputy Mayor, General Manager and a Technical Expert (if required).

6. That it be noted that the current full time equivalent staff number on Yass Valley Council is 142.1.

LOST (Frost/Jones)

Foreshadowed Motion (Cr Jones)

Report be provided on costings of a two stream council organisation structure.

LAPSED

Meeting closed at 4:47 pm.

6.1 Minutes of the Yass Valley Youth Council Committee Meeting held on 12 November 2015

Attachment a Minutes of the Yass Valley Youth Council Meeting - 12 November 2015

Present

Zeke Groom (Chair), Tom Rampton, Lucy Bucknell, Patrick Moreton, Tanu Sudnit, Southerly Jones and Clr Jasmin Jones.

Also Present

Cathy Campbell, Community Development Manager.

Apologies

Apologies were received from Ellaine Dickins Edward Hinch, Benjamin Watson, Rachael Glassford and Natasza Johnston

Declaration of Interest

Nil

Clr Jasmin Jones welcomed everyone to the meeting. Zeke Groom agreed to Chair the Meeting.

Confirmation of Minutes

It was RECOMMENDED that:

Minutes of the meeting held on Thursday 10^th September 2015 be accepted subject to a change in the spelling of the name Southerly Jones.

(Sudnit/Rampton)

Correspondence

Nil

Business Arising

1. NSW Youth Advisory Council

Zeke Groom advised that his application to become a member was not successful. Zeke intends to reapply in future years.

2. Australia Day 2017 and Dive in Movie at the Yass Swimming Pool

Council’s Community Development Manager advised that the date for the Dive in Movie has been changed to Saturday 30^th January 2017 because previous date clashed with the Shine Shield competition.

Lucy Bucknell advised that the Rotary Interact Youth Group do not wish to work with the Yass Valley Youth Council to conduct the 2016 Dive in Movie at Yass Swimming Pool.

Actions

i) Clr Jones to contact Dr Gary Jones to ascertain if the Eagles Nest would like to assist in organising and running the Dive in Movie at the Yass Swimming Pool on Saturday 30^th January 2015.

ii) Business Plan for purchase of Movie Screen and associated equipment to be tabled at the February 2016 meeting.

3. Section 94 Contributions – Yass Town

Clr Jones reported that elected representatives had discussed submissions that have been received, including the Yass Valley Youth Council’s submission. A report recommending projects for funding will be presented to the November 2015 Ordinary meeting of Council. She further advised that items put forward by the Yass Valley Youth Council that relate to improvements in Riverbank Park will be included in a Masterplan that is being developed for Riverbank Park.

Action

Clr Jones to draft an introductory letter to the Yass Chamber of Commerce. Two members of the Yass Valley Youth Council to attend the next Yass Chamber of Commerce business breakfast meeting with a view to discussion a joint project to install fairy lights in Comur Street.

4. Safety Concerns regarding the Commercial Hotel and Old Soda building in Church Street

Council’s Community Development Manager advised that Mr Chris Berry, Council’s Director of Planning had advised that the following recommendation that was contained in minutes of the Yass Valley Youth Council that was held in September 2015 was not endorsed by Council.

“ that a request be forwarded to Council’s Planning Department to undertake an urgent safety inspection of the Commercial Hotel and Old Soda Factory to ensure that the buildings are unable to be accessed by members of the Public”

(Hinch/Bucknell)

Clr Jones reported that an inspection of the buildings is not necessary as one has recently been undertaken. She further advised that it is the owner’s responsibility to secure access to the buildings and for the ongoing maintenance of fencing. She reported that both owners are aware of this responsibility.

Actions

i) Clr Jones to speak to Council’s Director of Planning with a view to contacting the owners of both premises to ensure that fencing surrounding the buildings is of an acceptable standard.

ii) Youth Council meeting scheduled to be held on Thursday 12^th February to be held at Tootsie and include a tour of the Liberty Theatre.

Agenda Items

1. Murrumbateman Stage

Patrick Moreton advised that Mike Reid has submitted a funding submission to the NSW State Government. Work is currently being undertaken to secure local sponsors for the stage. Members discussed the need to develop closer relationship with young people that live in the Murrumbateman area.

Action

Members to conduct a BBQ in Murrumbateman during March 2017, coinciding with drop off time for school buses in Murrumbateman and hold a workshop meeting following the BBQ at the Murrumbateman Recreation Ground Hall to plan the Murrumbateman Night in the Lane event.

It was RECOMMENDED that:

The Yass Valley Youth Council’s planned Night in the Lane (Shed) event that will be held in Murrumbateman at Shaw’s Vineyard early next year is used to help raise funds for the purchase and installation of an Outdoor Stage in Murrumbateman

(Bucknell/Moreton)

2. Night in the Lane – 28^th November 2015

Council’s Community Development Manager advised posters had been distributed by Andrew McGrath and herself to all businesses in Comur Street and that Aluntum Sudnit feels that a sufficient number of applications from performers have been received.

Actions

i) Bags containing mental health service information to be put together on Saturday 28^th November. Youth Council members to meet at 4pm in Thyme to Taste on Saturday 28^th November to collate information

ii) Youth Council Polo Shirts to be purchased.

3. Yass Valley Youth Council Terms of Reference

Council’s Community Development Manger provided members with a copy of the Yass Valley Youth Council’s Terms of Reference and requested that members come prepared to the February 2016 meeting with suggested changes.

Next Meeting

The meeting closed at 5.15pm. The meeting of members will be held on Thursday 12^th February 2016 at Tootsie (Comur Street Yass, opposite Martins General Store).

YASS VALLEY HOME LIVING SUPPORT SERVICE FUNDING AND OUTPUTS
		2013/14 as at 1.7.13		2014/15 as at 1.7.14		Current Agreement 2015/16 as at 1.7.15
FUNDING BODY	PROGRAM	FUNDING AMOUNT	OUTPUTS	FUNDING AMOUNT	OUTPUTS	FUNDING AMOUNT	OUTPUTS
Department of Social Services	Respite Care	$50,385	820	$52,577	820	$53,102	820	Now called Flexible Respite
	Case Management	$37,097	521	$38,711	521	$31,433		Now called Specialised Support Services
	Social Support	$7,789	332	$28,998	332	$29,287	332	Now called Social Support – Individual and incorporates Dementia Monitoring funds
	Dementia Monitoring	$20,000	1182					Now part of SS - Individual
	Centre Based Day Care	$18,457	1691	$19,260	1691	$19,452	1691	Now called Social Support - Group
	Home Modification	$6,845	$6,845	$7,143	$7,143	$7,214	$7,214
		2013/14 as at 1.7.13		2014/15 as at 1.7.14		Current Agreement 2015/16 as at 1.7.15
FUNDING BODY	PROGRAM	FUNDING AMOUNT	OUTPUTS	FUNDING AMOUNT	OUTPUTS	FUNDING AMOUNT	OUTPUTS
	Home Maintenance	$10,905	238	$11,379	238	$11,492	238
	Access Point	$24,994	-	$26,525	-	$26,789	-	Now called Sector Support and Development
	TOTAL	$176,472		$184,593		$178,769
Department of Ageing Disability and Home Care	Respite Care	$10,652	180	$10,652	180	$11,473	180
	Case Management	$7,843	114	$7,843	114	$8,447	114
	Social Support	$5,874	332	$5,874	332	$6,327	332
	Centre Based Day Care	$3,902	371	$3,902	371	$4,202	371
	Home Modification	$1,447	$1,447	$1,447	$1,447	$1,558	$1,558
	Home Maintenance	$2,305	52	$2,305	52	$2,482	52
	Access Point	$17,852	-	$17,852	-	$12,408	-
	Ageing Parent Carer Respite	$8,613	168	$8,613	168	$9,277	168
	Respite Options	$38,274	750	$38,274	750	$41,225	750
	TOTAL	$96,762		$96,762		$97,399

		2013/14 as at 1.7.13		2014/15 as at 1.7.14		Current Agreement 2015/16 as at 1.7.15
FUNDING BODY	PROGRAM	FUNDING AMOUNT	OUTPUTS	FUNDING AMOUNT	OUTPUTS	FUNDING AMOUNT	OUTPUTS
Department of Health	Non Emergency Health Related Transport	$12,000		$14,000		$14,000

Department of Veterans Affairs	Transport	Reimbursement		Reimbursement		Reimbursement

Transport for NSW	Aged	$80,216	2575	$108,559	3342	$108,559	3342
	Disability	$11,844	385	$12,139	385	$12,434	385
	Community Transport Program	$9,070	287	$9,252	287	$9,483	287
	CTP Bus			$11,502	520	$11,790	520
	TOTAL	$101,130		$141,452		$142,266

6.5 Minutes of the Yass Valley Youth Council Meeting held on 4 February 2016

Attachment a Minutes of the Yass Valley Youth Council Meeting held on 4 February 2016

Present

Southerly Jones (Chair), Edward Hinch, Lucy Bucknell, Rachel Glassford, Zeke Groom, Tom Rampton and Clr Jasmin Jones.

Also Present

Cathy Campbell, Community Development Manager, Michael Reid, Murrumbateman Progress Association and Chris Berry, Director Planning and Environmental.

Apologies

Apologies were received from Benjamin Watson, Natasza Johnston and Tanu Sudnit.

Declaration of Interest

Edward Hinch declared a non pecuniary interest as he is employed by Yass Valley Council as a Lifeguard at the Yass Swimming Pool.

Clr Jasmin Jones welcomed everyone to the meeting. Southerly Jones agreed to Chair the Meeting.

Presentations

1. Chris Berry – Director Planning and Environmental

Southerly Jones welcomed Chris Berry to the meeting and invited him to address members. Chris provided an overview of his role at Council that includes overseeing the provision of Executive Support to the Yass Valley Youth Council.

Southerly Jones thanked Chris Berry for his presentation.

2. Mike Reid – Murrumbateman Progress Association

Southerly Jones welcomed Michael Reid to the meeting and invited him to address members. Michael thanked the committee for their support of the Murrumbateman Village Green Stage Project. He advised that the Murrumbateman Progress Association (MPA) has raised approximately $20,000 and that engineering specifications are being drawn up. Once specifications have been finalised they will be included with future funding applications. Cost estimates for the stage are in the order of $40,000.

The MPA is awaiting the outcome regarding a funding proposal that has been submitted through the 2016 Southern Phone Grant Scheme. Michael advised that the MAPA hopes to have the stage constructed and functional in October 2016, in time for the 2016 Murrumbateman Field Days event.

Michael offered to provide support to the Yass Valley Youth Council should they wish to pursue the construction of an outdoor stage in Yass.

Clr Jones reported that applications for funding under Music NSW’s Indent 2016 program are open. Clr Jones suggested that members consider holding an event in Murrumbateman if the stage is completed by October 2016.

Southerly Jones thanked Michael for his presentation.

Confirmation of Minutes

It was RECOMMENDED that:

Minutes of the meeting held on Thursday 12 November 2015 be accepted.

(Hinch/Rampton)

Correspondence

Nil

Business Arising

1. Fairy Lights in Comur Street

Clr Jones reported that Zeke Groom and Lucy Bucknell attended the December 2016 Yass Business Chamber breakfast function. Lucy and Zeke provided members of the Business Chamber with an overview of the proposed Fairy Lights in Comur Street project. The project was well received and the Chamber of Business are looking forward to receiving a detailed written proposal. Zeke distributed an image of a lighting display that he had recently seen in Auckland.

Action

That Zeke Groom and Lucy Bucknell continue to liaise with the Yass Chamber of Business regarding the installation of fairy lights in trees along Comur Street.

(Hinch/Furry)

2. Section 94 Contributions – Yass Town

Clr Jones advised that the Youth Council’s suggested projects at Riverbank Park will be considered for inclusion in a Riverbank Park Masterplan that is being prepared by Council’s Engineering section. . She further reported that the Yass Netball Courts will be resurfaced using Section 94 Contributions for Yass Town.

Agenda Items

1. Dive in Movie, Outdoor Cinema Screen and Equipment

Clr Jasmin Jones reported that she had not contacted Dr Gary Jones to ascertain if the Eagles Rest Group were willing to provide assistance with the 2016 Dive in Movie. Clr Jones apologised for this oversight.

Council’s Community Development Manager advised that the Dive in Movie will be held on Saturday 6^th February 2016. The event is being combined with a celebration of the Yass Swimming Pools 50^th birthday. The Youth Council will be running a BBQ from 12 noon until about 9pm. Cathy sought volunteers to run the BBQ.

Cathy further reported that the chef at Shaw’s Vineyard is interested in selling or donating his outdoor movie screen and equipment to the Yass Valley Youth Council. Cathy reported that the Youth Council currently has about $2,500 reserved for projects and activities.

Clr Jones reported that the Youth Council has been approached (via the Youth Council Facebook page) by a local business who wished to donate their time to provide DJ Music at the Dive in Movie. Members discussed the relative merits of the proposal and issues around insurance and risk management.

Actions

i) Roster for Dive in Movie to be placed on the Youth Council’s Facebook Page.

ii) Visit to view the Shaw Vineyard Outdoor Cinema equipment to be arranged.

iii) Edward Hinch to contact DJ business and ascertain if appropriate licences and

insurances are held.

General Business

1. Touch Knockout Competition

Lucy Bucknell advised that the annual Touch Knockout Competition is attracting record numbers of teams. This year there were so many teams that games had to be played at Jo O’Connor Park. Lucy asked if Council could give some consideration to expanding the current Walker Park Sporting facility to include a new oval on the northern (lower) part of the field.

Action

Information to be forwarded to the Yass Sports Council for consideration and feedback.

2. CANTEEN

Zeke Groom advised that the not for profit organisation CANTEEN would like to support the Yass Valley Youth Council, possibly though the provision of volunteer labour. Members suggested that it might be a good idea to get Canteen involved in activities that are associated with Youth Week.

3. Yass Valley Youth Council Polo Shirts

Cathy advised that Canberra Workwear will supply good quality polo shirts. Chris Berry advised that Goulburn Workwear are also probably able to supply polo shirts.

Action

Quotes and samples for Yass Valley Youth Council polo shirts to be tabled at the next Youth Council meeting.

The meeting closed at 6:15pm

Forward Meetings

Meetings commencing at 4pm in the Yass Valley Council Chambers

Thursday 12 May 2016

Thursday 11 August 2016

Thursday 10 November 2016

6.6 Minutes of the Yass Railway Heritage Centre Committee Meetings held on 14 November 2015, 5 December 2015 & 9 January 2016.

Attachment c Minutes of the Yass Railway Heritage Centre Committee 9 January 2016

Present - Committee

Bob Frank (Chairman), Vicki Atkin, Sylvia Frank, Alf Atkin, and Bill Pigram (Secretary).

Apologies

Nil

Declaration of Interest

Nil

Confirmation of Minutes

Recommended that the minutes of the meeting held on Saturday 05 December 2015 be confirmed, subject to the following corrections.

(Moved Bill Pigram / Seconded Alf Atkin)

(Correspondence 5) … that ~~A200~~ X200 model trains …

(General Business 8) Alf Atkin Bob Frank advised that …

Matters Arising from the Minutes

1. (General Business 4) Bill Pigram to urgently purchase the X200 model train engines while still on special.

2. (General Business 7) The item is in the Yass Tribune on the results of the Yass Railway Museum raffle.

3. (General Business 9) There are ads going on Yass FM about the Open Day at the Yass Railway Museum.

Correspondence

1. (Item 131) A request from Stephanie Harding, Friday Club for Senior Citizens seeking a speaker for one of their meetings to talk on the Yass Railway Museum. Bill Pigram offered to respond and speak if required.

2. (Item 145) Alf Atkin has received an offer from a lady from Newcastle of a driver’s uniform. They will advise Alf when they are next in the area.

3. (Item 146) Alf Atkin has provided a copy of a Flammable Liquid consignment note that was posted of Facebook.

4. (Item 148) Alf Atkin provided a photograph of X217 running at the Richmond Vale Railway at Kelso near Cessnock.

5. (Item 149) Alf Atkin has provided a copy of an article in the Crookwell Gazette of the Goulburn Crookwell Heritage Railway Volunteers who have completed the replacement of sleepers on the track in front of the Crookwell Station.

6. (Item 150) Alf Atkin provided a picture of Manning Wardle loco 293 (of P127 class) at Campbelltown C.1890, from Facebook.

7. (Item 151) Alf Atkin provided a photograph of a KA Carriage from Facebook.

Roster

Sunday 10 January 2016 Alf & Vicki Atkin

Sunday 17 January 2016 Bill Pigram

Sunday 24 January 2016 Bob & Sylvia Frank, Bob Nash,

OPEN DAY Lockie Brodrick, Bill Pigram

Tuesday 26 January 2016 Bob & Sylvia Frank, Bob Nash,

OPEN DAY Lockie Brodrick, Gary Reynolds, Alf & Vicki Atkin, Bill Pigram

Sunday 31 January 2016 Bill Pigram

Sunday 07 February 2016

Finance Report

WORKING ACCOUNT

BALANCE	$ 17,558.86

INCOME
This year	$ 6,892.72

Total Income	$ 6,892.72

EXPENDITURE

Expenses this Year	$ 3,294.74

Balance this Year	$ 5,598.00

Commitment

Committed this year	$ 0.00

Net balance this year	$ 5,598.00

Net Financial Position

Overall balance this Year	$ 5,598.00

Overall Balance	$23,156.86

Bank Balance 31 Dec Cash Reserve 27 Oct	$10,580.99 $ 31,477.98

Recommended that the Financial Report of 09/01/16 be accepted.

(Moved Bill Pigram / Seconded Alf Atkin)

1. Bill Pigram advised that he was moving to have David Cassidy do the financial audit from last year using a paper copy of the finances.

General Business

1. Bill Pigram advised that he has finalised the flyers for Open Day’s and will distribute these to the Visitor Information Centre, shops in Yass, IGA Noticeboard and Aldi new noticeboard.

2. Bill Pigram presented a draft pamphlet to be used at the Yass Railway Museum. It was generally agreed that this was OK and that we should progress towards a final makeup.

3. The work that was being done on the HG Wagon was discussed. It was agreed that only the outside of the base section of the wagon needs to be cleaned and painted.

4. Bill Pigram advised that he would be pruning the bottle brush tree at the front gate to the museum yard.

5. Bill Pigram will look at the developing of a new front sign to the museum yard.

6. Bill Pigram advised that he is drawing up a diagram of the proposed new steps to allow access to Engine 1307. With this diagram we can look to having these built locally and then installed.

7. Bob Frank advised he would bring down the XPT Model trains for the Open Days at the Yass Railway Museum.

8. Bill Pigram advised that he would follow up with John Holland Rail on a response to finance for the repair of the collapsed railway embankment.

9. Bob Frank advised that he would again check with Pollack’s on the supply of timber for repair of the ramp to the out of shed. If this is not forthcoming then we should cancel the order and source the timber from another supplier.

10. The final trim painting on Engine 1307 was discussed. It was agreed that we should first give the engine another coat of paint with solar resistant paint. It was agreed that we write to Transport Heritage NSW, seeking a contribution towards the cost of the paint.

Next Meeting

The next meeting of the Yass Railway Heritage Centre Section 355 Committee will be held on Saturday 06 February 2016 at the Yass Railway Museum at 1400 pm.

The meeting closed at 15:24 p.m.

....................................................

Bob Frank

Chairperson

6.7 Minutes of the Aboriginal Advisory Committee held on 11th February 2016

Attachment a Minutes Aboriginal Advisory Committee 11 February 2016

Present

Clr Michael McManus (Chair), Clr Ann Daniel, Brad Bell, Cecilia Pavlovic, Karen Denny and Laurie Hutchison

Also Present

Cathy Campbell, (Community Development Manager, Yass Valley Council), Sarah Schiliro ( Argyle Community Housing), Julie Daies (Argyle Community Housing), Barrina South (Office of Environment and Heritage), Ken Bell, Denise Bell and Alyssa Bell.

Apologies

Pam Bell. and Katrina Higgins.

Declaration of Interest

Cecilia Pavlovic declared a non pecuniary interest. Cecilia is currently self employed as a consultant in the field of Aboriginal cultural engagement.

Acknowledgement of Country

Clr Michael McManus opened the meeting and acknowledged Country. Brad Bell welcomed all to Country.

Members acknowledged Eric Bell’s past contribution to the work of the Yass Valley Aboriginal Advisory Committee.

Correspondence

1. Email from Commonwealth Government advising that the Aboriginal Advisory Committee’s funding application that was submitted through the Stronger Communities Program to support the installation of the Discovery Drive Scarred Trees was unsuccessful.

Minutes of Previous Meeting

It was RECCOMENEDED that the Minutes of the Yass Valley Aboriginal Advisory Committee meeting held on 10 September 2015 be accepted.

(B. Bell/K.Denny)

Presentations

It was noted that Mr Mark Baldwin, Regional Manager, Ted Noffs Foundation, Canberra could not attend the meeting. Council’s Community Development Manager, Cathy Campbell explained that the Ted Noff Foundation had recently been awarded approximately $1.6M by the NSW State Government to deliver outreach services across the Southern Tablelands for people with drug problems that are related to the use of ICE. Clr Daniels advised that NSW Police intend to hold a community forum in Yass about the use of ICE in our community; however a date has yet to be set. Members discussed the extent of the problem in Yass.

Action

Mr Mark Baldwin, Regional Manager, Ted Noffs Foundation to be invited to the next meeting.

1. Barrina South (Team Leader) – Office of Environment and Heritage (OEH)

Clr McManus invited Barrina to address the Committee. Barrina provided a progress report regarding the late Eric Bell’s nomination of the Aboriginal Cemetery as an Aboriginal Place. The submission is complete and is currently being considered by the NSW Minister for Heritage, Mark Speakman.

Barrina explained that Aboriginal Places are a way of recognising and legally protecting Aboriginal cultural heritage. Under the NSW National Parks and Wildlife Act 1974, any land in NSW may be declared as an Aboriginal Place if the area ’is or was of special significance to Aboriginal culture. Barrina advised any person or organisation may submit a nomination.

Barinna advised that OEH would like to commence work on developing a Management Plan for Oak Hill Aboriginal Place. This work will be undertaken in conjunction with Yass Valley Council and the broader community.

Actions

- The Yass Aboriginal Cemetery Aboriginal Place submission package to be provided to members

- Aboriginal Place nomination form to be forwarded to members

- Onerwal Local Aboriginal Lands Council to collate a list of possible sites/cultural activities that could be nominated as Aboriginal Places in Yass with a view to working collaboratively with the Aboriginal Advisory Committee and OEH to progress nominations.

Member Reports

1. Onerwal Local Aboriginal Land Council (OLALC) – Brad Bell

Brad Bell reported that OLALC had recently held its AGM. OLALC has been working to finalise a number of outstanding land claims, some of which date back to 2006. OLALC is currently working with a number of other organisations to develop a holistic approach to the submission of land claims. Refurbishment of the OLALC office in Meehan Street will be undertaken shortly.

2. Yass Koori Interagency – Laurie Hutchison

Laurie Hutchison reported that the next meeting of the Yass Koori Interagency will be held on Wednesday 17^th February 2016 at Ngunnwal Aboriginal Corporation.

Staff Reports

1. Activity Planning

Seeking input regarding the focus of Committee work during 2016.

Members discussed the possible implementation of a number of projects. Cecilia Pavlovic advised that she is working with Relationships Australia to facilitate a workshop in Yass that aims to highlight the damaging effects of lateral violence. Cecilia also advised that she is self-employed as an Aboriginal cultural engagement consultant. Brad Bell advised OLALC Board members will participate in a governance and leadership training program in the near future.

Members agreed that the committee focus on the following projects during 2016.

1. Development of a Reconciliation Action Plan for Yass Valley Council

2. Installation of the Discovery Drive Scarred Trees

3. Expansion of NAIDOC Week activities (building inclusivity into the event).

Action

Draft project brief for development of a Reconciliation Action Plan to be tabled at the next meeting.

2. Discovery Drive Scarred Trees

Providing an update on the Discovery Drive Scarred Trees Project

Clr McManus provided an overview of the projects progress to date. He advised that despite three funding applications to various Commonwealth and NSW State Government programs, none had been successful. Council’s Community Development Manager advised that feedback from funding organisations suggested that applications may be improved if Council could demonstrate broader financial or in-kind support from the community.

RECOMMENDATON

That Yass Valley Council provides funding to facilitate the preservation and installation of the Discovery Drive Scarred Trees on the corner of Cooks Hill Drive and Orion Street subject to the provision of an acceptable quote.

(C.Pavlovic/K.Denny)

Action

That work commences immediately to obtain an Aboriginal Heritage Impact Permit for installation of the Scarred trees.

3. Riverbank Park/Yass Interpretative Panels

Updating members regarding progress of the Yass Gorge Interpretative Signs

It was RECOMMENDED that the information be received.

(B.Bell/L.Hutchinson)

General Business

1. Aboriginal Advisory Committee Membership

Members discussed the current committee structure and agreed that it could be expanded to facilitate broader community representation.

Action

Item to be added to the next meeting’s agenda.

Meeting Schedule

The following meeting schedule was noted. Meetings will be held at 1pm in the Goodradigbee Centre:

Thursday 12 May 2016

Thursday 8 September 2016

Meeting closed at 2.30pm.

6.8 Minutes of the Floodplain Management Committee held on 10 February 2016

Attachment a Minutes of the Yass Valley Floodplain Risk Management Committee - 10 February, 2016

Present

Councillor David Needham – Chair, Raymond Laine (Office of Environment & Heritage), Richard Webb (Gundaroo Community Representative), Joanne Humphries (State Emergency Service), David Mason (State Emergency Service), Asoka Sumanaratne (Design Engineer, YVC), Kym Nixon (Natural Resource & Sustainability Officer, YVC), Beth Marson (WMAwater) and Zac Richards (Consultant, WMAwater).

Apologies

Graham Judge (Department of Planning) and Gary Chapman (Director of Engineering, YVC)

Declaration of Interest/Disclosures

Nil

General Business

1. Gundaroo and Sutton FLOOD STUDY public exhibition UPDATE

The Gundaroo community information session was held Tue 9 Feb, 6.30-8.30pm and the Sutton information session is scheduled for Wed 10 Feb, 6.30-8.30pm. Zac Richards (WMAwater) provided an overview of the Gundaroo information session, including:

· 15 attendees, residents were general happy with the modelling that has been completed. Note that residents were expecting a presentation. In future comment could be made in media release about the format of the community meeting to avoid confusion.

· Shingle Hill Way gets cut off during flood events. Other roads surrounding Gundaroo outside of study area that affect flood access are also cut. To be investigated in the FRMS.

· Many questions related to the purpose of the study (ie to inform infrastructure, planning and emergency services decisions), timeframe to finalise and implement the Plan, and weather the Plan will be taken into consideration when other decisions are made, eg Gundaroo Master Plan.

Kym Nixon reported that there have been no formal submissions received by Council at this time, noting that submissions are open until Friday 26 February.

Any submissions received will be addressed in an appendix of the relevant flood study report. If there is no modelling work that needs to be done as a result of the submissions received, it is anticipated that the Gundaroo and Sutton Flood Studies could be finalised by WMAwater within a few weeks of the exhibition period closing (ie mid-March).

2. Gundaroo and Sutton Floodplain Risk Management Studies and Plans

In lieu of another consultation workshop or community information session in Gundaroo or Sutton, the FRMC agreed that WMAwater could develop a brief (double sided A4) newsletter/questionnaire, outlining the work completed in the flood study, details of the flood risk management plan and seeking advice on potential management options. Joanne Humphries offered the services of SES volunteers to letter-drop the newsletters to residents in the Gundaroo and Sutton villages. The letter-drop will be accompanied by a media release covering the same information. The questionnaire responses will close mid to late March.

The FRMS will be completed within the next six months; WMAwater were notified that, at this stage, the last Council meeting for the term of the current Councillors will be 24 August 2016 (assuming the Local Government elections are in September 2016). It is the FRMC’s preference to have the FRMS&Ps (and the Yass FS) presented to Council for adoption prior to the end of the current Council’s term.

3. Yass Flood Study

Zac Richards (WMAwater) provided an overview of the Yass Flood Study (FS), and presented the Yass Flood Study Draft Final Report (January 2016) to the Committee. All Committee members received a copy of the document prior to the meeting. NSW SES are yet to provide formal feedback on the Yass Draft Final Report due to resourcing issues; any comments they do have will be considered in finalising the Report.

Discussion arising:

· The FS will be placed on exhibition for 28 days.

· During the exhibition period, all properties within the Yass Flood Planning Area (FPA), of which there are approximately 300, will be written to and invited to make a submission on the Yass FS. Subject to the response from the letter, an information session may be held in Yass during the last week of the exhibition period. WMAwater to provide details to Council of the properties within the Yass FPA.

· When the FS is finalised, include reference to the Yass Dam in the executive summary as the community will be interested in the effect (or otherwise) that the Dam has during flood events.

· Council to submit a NSW Floodplain Management Grant application for the development of a Yass FRMS&P; applications close 17 March 2016. OEH has offered to assist Council with their application.

· Items for the future FRMS&P to consider include:

o Look at timing between Gundaroo/Sutton gauge peaks and Yass.

o Flood warning system on Chinaman’s Creek

o Implication if Hume Highway is cut at 1% AEP. Potential for RMS involvement with FRMC.

Recommendation

(i) That Council adopt the Yass Flood Study Draft Final Report (January 2016), subject to the submissions received, and that is be placed on public exhibition during the period of Thursday 25 February 2016 and Thursday 24 March 2016.

(ii) That Council agrees that

a. all owners of properties within the Yass Flood Planning Area (approximately 300) are written to and invited to make a submission on the Yass FS, and

b. subject to the response from the aforementioned letter, an information session may be held in Yass during the last week of the exhibition period.

(iii) That Council notes that a community information session has not been budgeted for in the Yass Flood Study contract (estimated to be $3,000). A variation will need to be agreed to by OEH ($2,000 from OEH and $1,000 from Council), which will incur a delay to the delivery of the project by up to 2 weeks.

(iv) That Council notes that YVC staff have applied for a NSW Floodplain Management Grant to develop a Floodplain Risk Management Plan and Study for Yass.

Next Meeting

10am Monday 9 May 2016, to receive the Gundaroo, Sutton and Yass final Flood Studies and the preliminary modelling of mitigation options for Gundaroo and Sutton FRMS (including a summation of the responses from the questionnaire).

The meeting closed at 11.58am.

Ordinary Council Meeting 24 February 2016

8.3 Re-Establishment of Alcohol Free Zones in Yass township

FILE: A.02.00.01 – ML

SYNOPSIS

To consider the re-establishment of the Alcohol Free Zone (AFZ) in the Yass CBD which expired in August 2013.

OPERATIONAL PLAN AND BUDGET IMPLICATIONS

Community Strategic Plan Strategy Long Term Goal 3.3 Our community is safe and enjoys low rates of crime and vandalism

Community Strategic Plan 3.3.3 Develop proactive strategies that address local issues of crime prevention and harm minimisation

Community Strategic Plan Strategy Long Term Goal 6.8 Our main streets are attractive, clean and pedestrian friendly and have a range of outdoor dining options to choose from

Implementation of the AFZ can be funded from existing budget allocations with the estimated cost to be minimal.

COMMUNICATION PLAN

The proposal to re-establish the Alcohol Free Zone was placed on public exhibition in December 2015 and January 2016 with an extended notification period. In addition notice of the proposal was given to all licenced premises in the main street area, Aboriginal organisations and the NSW Police. The proposal was also advertised in the Yass Tribune (including separate new article), on the Council website and e-news.

SUSTAINABILITY IMPLICATIONS

Social	The AFZ assists Police to proactively manage anti-social behaviour in the central business area of Yass township.
Economic	N/A
Environment	AFZ can assist with improving the attractiveness of public places
Governance	Local Government Act 1993 details the process for establishing AFZ

RECOMMENDATION

That the Yass Alcohol Free Zone be re-established for a four year period.

Attachments: a. Proposed Alcohol Free Zone ⇩

b. Submissions ⇩

c. Crime Statistics ⇩

REPORT

Background

Section 644(1) Local Government Act 1993 allows Council to prepare a proposal for an Alcohol Free Zone (AFZ) and public consultation must occur in accordance with the Act and Ministerial Guidelines.

The last AFZ for the Yass main street area was re-established in December 2013 for a further 9 months following public exhibition of the proposal in which no submission were received. The AFZ expired in August 2013 and was not re-established since that date.

The purpose of the 9 month extension was to allow the issue of outdoor dining and alcohol consumption to be considered as part of the Main Street Strategy. The Strategy has been completed and does not make any specific findings in relation to outdoor dining or AFZs. An AFZ provides exemptions for outdoor dining area. Outdoor dining can therefore be established on a case by case basis through a Roads Act Approval/Development Application process.

The effect of the AFZ is to prohibit the drinking of alcohol on roads, footpaths and in identified car parking areas. The AFZ allows Police Officers to confiscate and dispose of any alcohol being consumed in the area. It provides the basis for police enforcement.

Originally the establishment of the AFZ was instigated through community concerns over anti-social and irresponsible behaviour from the consumption of alcohol in the main street area.

Since the establishment of the zone there has been a public perception that the occurrence of anti-social behaviour in the main street has decreased. Police feedback has been supportive of the zone which assist them in maintaining safety an appropriate behaviour in the area.

Consultation

The proposal to re-establish the AFZ (refer Attachment A) was placed on public exhibition in December 2015 and January 2016 with an extended notification period. In addition notice of the proposal was given to all licenced premises in the main street area, Aboriginal organisations and the NSW Police. A total of seven submissions were received (refer Attachment B). Four submissions supported the proposal while three were opposed.

Support

Submissions in support of the AFZ mentioned:

· Ability to counter anti-social behaviour and violent crime is enhanced

· Improves public safety and protection of property

· Without an AFZ there would be a return to anti-social behaviour and property damage

· Provides a basis for enforcement

· Drinking in streets leads to an increase in litter (e.g. empty bottles, broken glass)

· AFZ should be extended to include Church Street between Rossi and Browne Streets

The views presented in the submissions are based on the actual experiences of the submitters.

The extension of the AFZ as suggested has some merit but would need to be separately exhibited. A view on this would need to be formed prior to proceeding with any exhibition.

Concerns

The key concerns raised in submissions opposing the AFZ include:

· Lack of evidence

· No policy documented

· Not supported by Liquor Accord Group at December 2015 meeting

· Procedures not followed rigorously

· 4 years is not short term

· Impact on vibrant nightlife

· Impacts on wine industry

The proposal for the AFZ was part of the documentation placed on public exhibition and the legislative and Ministerial Guidelines for the establishment of the AFZ have been followed.

The process for re-establishing an AFZ provides Council with the opportunity to focus on any community problems associated with irresponsible alcohol consumption and the range of strategies that may be implemented to address the problem. Placing the proposal to re-establish the AFZ on public exhibition allows Council the opportunity to gauge community experience and opinion in relation to the operation of the AFZ.

In addition to AFZ, licencing laws, responsible service of alcohol, State Government campaigns on health implications of excessive alcohol drinking are all part of the range of strategies to address the issue and impacts of irresponsible alcohol consumption.

The Local Government Act 1993 allows AFZ to be in place for a maximum of 4 years before a formal review including public consultation is required. In local government, mechanisms for long term planning have been introduced with Community Strategic Plans and long term financial modelling with 10 year time horizons making the 4 year AFZ time frame short term in comparison.

Incidents of assault, malicious damage, disorderly conduct and liquor offences are often alcohol related. In May 2001 it was reported in the Curtin University Alcohol Studies Bulletin that for Yass in all assaults 40% related to alcohol. There is evidence of improvements in these categories of offences over the past 10 years, however, reports continue to be received, a percentage of which will relate to alcohol (refer Attachment C). While the rate of assaults has improved there were still 46 incidents for the year up to September suggesting that 18 assault incidents were alcohol related.

The AFZ does not relate to the licence premises themselves. Alcohol can continue to be served within a licenced premises, club or restaurant and these businesses will continue to be outlets for the local wine industry. Similarly if an outdoor dining area is established the AFZ does not apply while the area is in operation. The AFZ will therefore have minimal impact on the vibrancy of the main street or the local wine industry.

Conclusion

Taking into account the issues raised in submissions it is recommended that the AFZ be re-established for the next 4 years.

Ordinary Council Meeting 24 February 2016

8.4 Draft Community Enhancement Fund Policy

FILE: FL.L.02.08.00 – CB

SYNOPSIS

To present the outcomes from the public exhibition of the draft policy on the establishment of a Community Enhancement Fund for major developments.

OPERATIONAL PLAN AND BUDGET IMPLICATIONS

Resources for the preparation of planning policy are provided for in the current Operational Plan.

COMMUNICATION PLAN

Draft policy was placed on public exhibition in October 2015 for wider community comment and two submissions have been received.

SUSTAINABILITY IMPLICATIONS

Social	Major development can result in an inequitable distribution of impacts and benefits leading to divisiveness in the community.
Economic	New development should make an appropriate contribution to infrastructure, community facilities and environmental conservation
Environment	New development should make an appropriate contribution to infrastructure, community facilities and environmental conservation
Governance	Administration of Community Enhancement Funds on behalf of the community must have good governance arrangements in place

RECOMMENDATION

That:

1. The revised Community Enhancement Fund Policy be adopted

2. The submitters be advised of the decision

Attachments: a. Revised Draft Community Enhancement Fund Policy ⇩

REPORT

1. Background

In September 2015 Council determined to place a draft Community Enhancement Fund Policy on public exhibition. The purpose of the draft policy is to outline the arrangements for a Community Enhancement Fund (CEF) for major development within Yass Valley. The draft policy indicates that 1% of the estimated capital cost be made toward a Community Enhancement Fund to be administered by Council as a s355 Committee.

The draft policy was placed on public exhibition in October 2015 and two submissions were received from windfarm interests i.e. Australian Wind Alliance (AWA) and Trust Power (Rye Park Wind Farm proponent).

In November 2015 Council considered a report on the outcomes from the public exhibition of the draft policy. Council determined that the draft policy lay on the table and a further report be presented to the February 2016 Council Meeting.

Issues to be addressed in the report included:

· Review of the advisory committee membership

· Mechanisms to secure the contributions in the event of a local government amalgamation

· An examination of variable contribution rates

2. Advisory Committee Membership

Council can establish a s355 Committee to exercise a function of Council. However this delegation is limited by s377 Local Government Act 1993 in which Council cannot delegate:

· The voting of money for expenditure on services

· A decision to contribute money or grant financial assistance

A s355 Committee may make recommendations to Council on these matters provided the decision making role rests with Council.

Members of a s355 Committee are governed by the same Code of Conduct, including declarations of interest, as Councillor and staff.

Anyone receiving a direct financial income from a major development (either as a host or neighbour) may have a pecuniary conflict of interest. It must be noted that a perceived conflict is considered to be the same as an actual conflict of interest.

While a Community Enhancement Fund may exclude a host or neighbour receiving any financial benefit from the scheme and thus avoiding any pecuniary interest issues, there still remains the non-pecuniary and conflict of interest perceptions. Each member could potentially deal with these on a case by case basis.

The composition of the s355 Committee could include the operator as well as a host/neighbour receiving direct financial income from the operator. This could create a creditability issue especially if they represent a controlling interest on the committee. This can be managed by either excluding these persons from the Committee or by increasing the number of community and/or Councillor members.

The conflict of interest issue for both the operator and host/neighbour receiving payment from the development becomes less of an issue provided:

· The Committee is advisory in nature and Council retains the final decision making role

· These members are excluded from the Community Enhancement Fund

· These members do not chair the meetings

· Their combined membership is not a majority of the Committee

There is the ability for a s355 Committee to operate across local government boundaries provided Councils agree (e.g. SEROC/CANBJO, Regional Library Committee). At this stage there is no agreement in place to operate a combined s355 Committee to administer a Community Enhancement Fund for a major development. Discussions to date have identified a preference for separate committees.

3. Local Government Amalgamations

In the event of any local government amalgamations/mergers concerns have been raised in relation to money in a Community Enhancement Fund being expended in areas not originally identified for receiving funds.

A clause can be inserted into the policy indicating that money collected under the Community Enhancement Fund policy can only be expended on projects or activities within the boundaries of the local government area in place prior to the merger/amalgamation. This can be reinforced by including this in any approval as a condition.

4. Contribution Rates

Examples of contributions based on the actual power generated/profits of each turbine have not been identified other than those in which the community is directly involved in the ownership and operation (e.g. Hepburn Wind, Victoria),

Contribution schemes around the region involve a simple contribution per turbine per annum regardless of the turbine capacity. Upper Lachlan Shire has been directly dealing with windfarms for many years and has developed its own policy in relation to Community Enhancement Schemes. The Shire’s current policy is based on $2,900 per turbine per annum regardless of the capacity.

Modern turbines vary in capacity from 1 megawatt to 3 megawatts on the same footprint with some overseas exampled for 5 megawatts. Turbines with larger capacity have the potential to generate additional income from the operator.

Linking the contribution rate to the capacity of the turbine can account for any future increase in turbine capacity over the life of the project.

Based on the Yass Valley position in its December 2009 position on a windfarm project of $2,500 per 2.5 megawatt turbine a variable rate linked to turbine capacity and adjusting for CPI would be as follows:

Turbine Capacity	Rate (2009)	CPI (Canberra) Adjusted (2015)
1.0 mW	$1,000	$1,130
2.0 mW	$2,000	$2,260
2.5 mW	$2,500	$2,825
3.0 mW	$3,000	$3,390
5.0 mW	$5,000	$5,850

However a variable rate does not always result in a greater income for a Community Enhancement Fund e.g.

Project	Fixed Rate	Income	Variable Rate	Income
60 x 1.5 mW turbines	$2,500/turbine	$150,000	$1,500 / 1.5 mW turbine	$90,000
60 x 3 mW turbines	$2,500/turbine	$150,000	$3,000 / 3.0 mW turbines	$180,000
Total: 120 turbines	Total	$300,000	Total	$270,000

While a fixed rate is simpler to administer it does not take into account any increase in turbine capacity over the life of the project. To address this issue a minimum contribution rate with provision for a pro rata increase if turbine capacity increases could apply.

5. Conclusion

A revised policy is included in Attachment A responding to the issues in the submissions and those raised in the discussions at the November 2015 Council Meeting. The revised policy does not need to be re-exhibited as the adjustments are responding to the issues raised in submissions.

8.4 Draft Community Enhancement Fund Policy

Attachment a Revised Draft Community Enhancement Fund Policy

Title:

DRAFT COMMUNITY ENHANCEMENT FUND POLICY

DA-POL-##

Service: DEVELOPMENT CONTROL

Responsible Officer: DIRECTOR PLANNING

1. OBJECTIVES

The objectives of this policy are:

· To ensure the community benefits from major developments are distributed within the Local Government Area

· To establish separate Community Enhancement Funds for each major development in the Local Government Area for the distribution of contributions associated with that development

· To provide a framework for the administration of the Community Enhancement Fund

· To ensure a consistent approach to the establishment and operation of the Community Enhancement Funds

2. DEFINITIONS

All matters described in this policy shall have a meaning as described in the Environmental Planning & Assessment Act 1979 and the Yass Valley Local Environmental Plan 2013.

3. BACKGROUND

While State and Regional development can have benefits for local communities they can also have a significant impact on these communities. While proponents are required to mitigate the direct negative impacts of the proposal (e.g. road works, environmental offsets) there should also be a mechanism for the benefits to be widely shared by the community as a whole.

Large scale mining projects, wind farm developments and the like have looked to establish a Community Enhancement Fund as a means of sharing the benefits and making a contribution toward the community as a whole. Such contributions are separate to any direct payments made of landowners hosting the development (e.g. lease payments) or money paid directly to adjoining or nearby landowners to ‘compensate’ or to ‘remunerate’ them for being in their neighbourhood.

In recent years Council has required a Community Enhancement Fund to be established as part of the approval process for each large scale developments. This has resulted in several approvals/proposals making a commitment to the establishment of such funds.

A planning policy will allow a consistent approach to be applied.

4. POLICY

4.1 Date of commencement

This policy shall be effective from the date when Council adopts the final policy.

Note: The policy will be considered when:

· Undertaking an assessment of any Development Applications under s79C Environmental Planning & Assessment Act 1979

· Making a submission on a State or Regional significant development

· Any application for approval under the Roads Act 1993

4.2. Land to which the plan applies

This plan applies all land within the Yass Valley Local Government Area.

This plan applies to State and Regional development as defined under the State Environmental Planning Policy (State & Regional Development) 2011.

4.3. Relationship to other plans

This policy must be read in conjunction with Yass Valley Local Environmental Plan 2013 and will be considered by Council in:

· Assessing any Development Applications on the land to which this plan applies

· Making a submission on a State or Regional Development

· Considering an application for roads approval

Any request to vary the provisions of the policy must be accompanied by an assessment as to why the requirements should not be met in the circumstances and how the proposal continues to meet objectives of the policy.

In circumstances in which this policy applies Council will not apply the provisions of any s94 and s94A Contributions Plan.

4.4. Development requirements

Any Development Applications for State, Regional or Local Development and/or application for roads approval shall be required to establish a Community Enhancement Fund as follows:

4.4.1 Community Enhancement Fund

A Community Enhancement Fund is to be established prior to the commencement of construction for the provision of community facilities, infrastructure and/or environmental conservation.

The fund is to be based on 1% of the estimated capital cost of the proposal and is required to be paid prior to the commencement of construction.

The contribution will be indexed annually to the Consumer Price Index for Canberra.

Alternatively, Council will accept an annual contribution calculated as follows:

· 1% of Estimated Capital Cost/20 years = $ Annual contribution per year

Note: For windfarm projects the minimum contribution per turbine shall be $2,825 (September 2015) indexed annually with the CPI for Canberra. If the megawatt capacity of the turbines increases over the life of the project the contribution rate will also increase on a pro rata basis.

This annual contribution will apply for the entire life of the development even if this extends beyond 20 years.

4.4.2 Fund Administration

The Community Enhancement Fund will be administered by Council through a s355 Committee. The Committee makes recommendations to Council which may be accepted, altered or rejected by Council. Reasons are to be provided for any Council decision contrary to the Committee’s recommendation.

Members of the Committee and landowners receiving payments from the operator are ineligible for funding under the scheme.

The terms of reference are:

· Identify priority projects/activities for funding that will benefit the local community with:

Initial priorities being within the immediate vicinity of the site (provided facilities are not unnecessarily duplicated in Council’s opinion)

Any subsequent priorities may be elsewhere in the Local Government Area

· Establish and review selection criteria for the evaluation of applications

· Publically call for funding applications at least annually

· Evaluate applications against the selection criteria

· Make recommendations to Council within the budget limits of contributions received annually

· Review funding priorities for the upcoming financial year

Membership of the Committee shall comprise:

· Mayor (or delegate) and one other Councillor

· One authorised representative of the operator

· One host landowner or neighbouring landowner receiving payments from the operator

· Three representatives from the Yass Valley Local Government Area with demonstrated skills and experience relating to the terms of reference and not owners of property affected by the development proposal or receiving any payment from the operator

The quorum for the Committee shall be a simple majority.

Any member of the Committee may be elected as the Chair other than the authorised representative of the operator, a host or neighbouring landowner receiving payments from the operator.

4.4.2 Expenditure of Funds

Any funds collected under this policy are to be expended on projects/activities that will benefit the local community with:

· Initial priorities being within the immediate vicinity of the site (provided facilities are not unnecessarily duplicated in Council’s opinion)

· Subsequent priorities being elsewhere in the Local Government Area

In the event of any Local Government merger or amalgamation involving Yass Valley Council the funds collected under this policy can only be expended on projects or activities within the boundaries of the Yass Valley Local Government Area in place immediately prior to the merger or amalgamation.

4.4.3 Road Upgrades

Much of Council’s road network is not suitable for heavy vehicle traffic associated with major State and Regional development. Heavy vehicle traffic is not restricted to over dimensional and/or over mass.

Consequently all road routes intended to be use for access to the site shall be upgraded in accordance with Council’s Road Standard Policy (RD-POL-09) prior to the commencement of construction on site.

All heavy vehicle traffic to and from the site shall be confined to the nominated routes.

Road works or road work conditions relating to the direct impacts of the proposed development will not be part of the CEP

5. REFERENCE DOCUMENTS/LEGISLATION

Yass Valley Local Environmental Plan 2013

HISTORY

Minute No	Date of Issue	Action	Author	Checked by

Ordinary Council Meeting 24 February 2016

8.6 Development Consent No. 5.2015.222.1 - Tattoo Studio, 41-45 Comur Street, Yass

FILE: 644 – CB

SYNOPSIS

To present a request for a review of the determination relating to the Consent issued for a tattoo studio at 41-45 Comur Street, Yass (refer Attachment A).

OPERATIONAL PLAN AND BUDGET IMPLICATIONS

Resources for development assessment and reviews of determinations are provided for in the current Operational Plan.

COMMUNICATION PLAN

Public exhibition is not required. The original application was publically notified and no submissions were received.

SUSTAINABILITY IMPLICATIONS

Social	N/A
Economic	N/A
Environment	N/A
Governance	Request for review is required to be considered in accordance with the Environmental Planning & Assessment Act 1979

RECOMMENDATION

That:

1. The fire safety requirements in Development Consent No 5.2015.222.1 for a tattoo studio at 41-45 Comur Street, Yass be endorsed and the Applicant be advised that there is no need to alter the conditions

2. The Applicant be advised that integrated smoke alarm system and ceiling sprinklers systems is considered sufficient to comply with the fire safety requirements of Development Consent No 5.2015.222.1

3. A Planning Policy/Procedure be developed via a Councillor Workshop to outline the approach to changes of use and fire safety in the Yass mainstreet

Attachments: a. Locality Plan ⇩

b. Review Request ⇩

REPORT

1. Application Details

Date Received	-	6 January 2016
Land	-	Lot 1 DP 733760 41-45 Comur Street, Yass
Area	-	870m²
Zoning	-	B2 – Local Centre

2. Proposal

In December 2015 Development Consent No 5.2015.222.1 was issued under delegation for the establishment of a tattoo studio at 41-45 Comur Street, Yass. The Consent included a condition requiring the upgrade of the fire safety provisions for the building.

The Applicant has requested a review of this determination in particular the fire safety requirements (refer Attachment B).

3. Site Description and Locality

The site is located in the mainstreet and forms part of the commercial centre for the Yass township. Surrounding properties are all older style commercial premises and a mixture of one and two storey buildings.

The site is occupied by a two storey brick building with two shops at the ground level (one is currently used as a hairdresser) and two residential flats at the upper level. The building dates from the late 1800’s (i.e. former Oriental Bank and later Williamson Building). The property is listed at a ‘Heritage Item’ in the Yass Valley LEP and is also located within a Heritage Conservation Area. A Locality Plan is included as Attachment A.

4. Assessment

A review of the assessment has been completed in accordance with the planning legislation. The key issue relates to the fire safety requirements. The proposal also highlights the difficulties with adapting the use of an older building and meeting contemporary building requirements (especially those relating to fire safety).

Section 82A Environmental Planning & Assessment Act 1979 allows for the Applicant to seek a review of a determination. If the determination was made by a delegate of Council then another Council delegate who is not subordinate to the delegate who made the determination may undertake a review otherwise Council must undertake the review. In this instance the officer who made the original determination has not been involved in the review.

The Applicant’s contention is that alterations undertaken in the 1980’s would have had to meet the fire safety requirements at the time and therefore it is not necessary for any further upgrades. However the Applicant has indicated that an integrated smoke alarm system and ceiling sprinkler systems are being investigated.

The building has a long history of being used for commercial and residential purposes. The upper floor was originally a ‘shop top’ dwelling associated with the ground floor commercial use. This changed in the 1986 with the conversion of the dwelling into two separate flats. In 2008 the subject ground floor premise was approved for use as a chiropractic business.

Although no building works were proposed for the tattoo studio Subdivision 10A State Environmental Planning Policy (Exempt & Complying) includes provisions relation to changes of use.

Changes from an existing ‘business premises’ or ‘shop’ to a new ‘business premise’ or ‘shop’ generally does not require approval provided the building use does not change under the Building Code of Australia. However this exemption does not extend to a premise involving skin penetration (e.g. tattoo studio). Consequently a Development Application was required.

Clause 93(2) Environmental Planning & Assessment Regulation 2000 requires Council to consider whether the fire protection and structural capacity of the building is appropriate for it intended use.

Under Clause 93(3) Environmental Planning & Assessment Regulation 2000 for a development that does not involve building works but does involve a change of use then Council must be satisfied that the building complies or will comply with the Category 1 Fire Safety Provisions applicable to the proposed use.

It is not simply a matter of whether or not to give greater weight to fire safety measures or broader economic factors. The legislation is clear that Council must be satisfied the building meets the Category 1 Provisions for the intended use. To do otherwise may increase Council’s liability in the event of a fire.

There are potentially several different ways compliance with the fire provisions can be achieved. In the subject application, in which fire safety details were not provided, a flexible performance based condition rather than the prescriptive condition was included in the Consent i.e.

‘The building shall be upgraded to ensure compliance with the applicable Category 1 Fire Safety Provisions as defined in the Environmental Planning & Assessment Regulation 2000’

An Advisory Note was also included indicating one example of how this may be achieved i.e.

· Ground floor premises (Shops 1 and 2) being fire separated from the first floor units

· Fire separation being provided between each of the residential units

· Installation of fire extinguishers in the tattoo studio

· Construction of exit doors

· Additional smoke alarms

This Advisory Note could have been improved with an additional note to indicate other solutions developed by an appropriately qualified person would also be acceptable.

The Applicant argues that:

· The building was renovated in the 1980’s and these works needed to be compliant with the fire safety provisions and further upgrades are not necessary

· Provision of an integrated smoke alarm system and ceiling sprinkler systems should be sufficient to meet the Regulation

While the work undertaken in the 1980’s met the requirements at that time, Council needs to be satisfied the proposed change of use meets the contemporary fire safety provisions of the current legislation.

The suggestion of an integrated smoke alarm system and ceiling sprinkler systems for both floors is considered to be an acceptable alternate to the suggestion made in the Advisory Note. This arrangement does not require any alteration of the Consent condition but can be acknowledged as compliant by exchange of letters.

5. Conclusion

This review concludes that there is no need to alter the Consent conditions. The condition is performance based and provides flexibility for the Applicant to explore various options to achieve compliance. The Advisory Note simply indicates one suggestion to achieve compliance.

The proposal highlights the problems being experienced with older buildings and new uses and the dilemmas facing staff and Council. The development of a planning policy/procedure via a Councillor Workshop may provide greater clarity for future developments.

Ordinary Council Meeting 24 February 2016

8.7 Development Consent No 5.2014.144.1 - Rural Residential Subdivison, 72 Victoria Street, Sutton

FILE: 5325 – JTK

SYNOPSIS

An application has been received to modify Development Consent No 5.2014.144.1 for a rural-residential subdivision at 72 Victoria Street, Sutton (refer Attachments A & B). The key issue involved relates to whether the developer should be required to upgrade and seal Victoria Street

OPERATIONAL PLAN AND BUDGET IMPLICATIONS

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

COMMUNICATION PLAN

A 21 day public exhibition was required and included notice to adjoining and nearby landowners. One submission was received with the key issues being:

· Dust impacts and associated health concerns

· Increased traffic generated by the subdivision will exacerbate the existing problems

SUSTAINABILITY IMPLICATIONS

Social	Impacts considered as part of planning assessment
Economic	Impacts considered as part of planning assessment
Environment	Impacts considered as part of planning assessment
Governance	Applications required to be considered in accordance with the Environmental Planning & Assessment Act 1979

RECOMMENDATION

That:

1. The Applicant be invited to revise the request:

· To remove the s94 contribution for rural roads where the road upgrade and sealing is undertaken in accordance with the Consent condition

· For the standard of the cul-de-sac to allow for a two-coat bitumen seal

2. If a revised request is not received then the request to modify Development Consent No 5.2014.144.1 be refused on the basis that:

· The condition of Victoria Street is substandard and not suitable given the additional traffic generated by the subdivision and should be upgrade in accordance with Council policy

· An unsealed Victoria Street will exacerbate dust issues and adversely impact upon nearby residences

· The proposed modification is contrary to public interest

Attachments: a. Locality Plan ⇩

b. Photographs ⇩

c. Approved Plan of Subdivision ⇩

d. Supporting Documents ⇩

e. Submission ⇩

REPORT

1. Application Details

Date Received	-	9 November 2015
Land	-	Lot 104 DP 754882, 72 Victoria Street, SUTTON
Area	-	11.53ha
Zoning	-	R5 – Large Lot Residential

2. Proposal

In October 2015 Development Consent No 5.2014.144.1 was issued for a four lot rural-residential subdivision at 72 Victoria Street, Sutton (refer Attachment C).

The Applicant has requested the Consent be modified by deleting the requirement to upgrade and seal Victoria Street (refer Attachment D). The request has been made on the basis of:

· An upgrade and sealing requirement was not imposed on another recent subdivision on Victoria Street (i.e. Consent No 5.2013.132.1)

· Council had previously indicated in 2009 that funding had been allocated to upgrade and seal the road

· There is a substantial increase in development costs associated with sealing the road

In the situation where Council does not support relaxing the requirement to seal Victoria Street, the Applicant has also questioned the standard of the cul-de-sac required.

3. Site Description and Locality

The site is located at the end of Victoria Street in the village of Sutton. The site is bounded by the Yass River in the east and rural residential lots to the north, south and west. A Locality Plan is included in Attachment A. Victoria Street is sealed from the intersection of Moorong Street for approximately 300m. The remainder of Victoria Street (approximately 400m) is currently an unsealed gravel formation (refer Attachment B).

4. Assessment

An assessment of the request has been completed in accordance with the planning legislation.

The following planning issues have been identified including the response to the issues raised in the submission (refer Attachment E).

4.1 Sealing of Victoria Street

The suitability of Victoria Street in its current condition needs to be considered with respect to the additional traffic generation as a result of this development and any associated environmental impact.

Victoria Street is bitumen sealed for the first 280m to a Rural-Residential Access Road standard while the remaining 400m has a gravel seal. Six lots currently use the gravel section for access.

It is estimated that the proposed four lot subdivision will generate an additional 24 vehicle movements per day which under Council’s Road Standard Policy is requires the road to be two coat bitumen sealed.

The supporting documentation to the application acknowledges that the current state of Victoria Street is sometimes impassable, reinforcing that the current standard of Victoria Street is inadequate. To ensure adequate access to the additional three lots and that the access for the existing lots is not further impacted upon it is considered necessary for this section of Victoria Street to be upgraded in accordance with Council policy.

Removing the requirement to seal Victoria Street is also considered to exacerbate the dust impacts already experienced by existing residents in the locality and is considered to be contrary to the public interest.

The Applicant has made reference to other Council decisions on subdivisions in this area. Similar subdivisions in the locality have either been required to:

· Undertake road upgrades (i.e. Consent 5.2013.176.1, 1 De Salis Street, Consent 5.2013.177.1, Albert/De Salis Street) or

· Pay a monetary contribution in respect to rural roads (i.e. Consent 5.2013.132.1, 69 Victoria Street)

In relation to the subdivision of 69 Victoria Street a requirement to upgrade the road was not required as this was part of Council’s Draft Capital Works Program as the time. A requirement for the usual development contribution toward rural road improvements was included in the approval. Subsequent to the determination Council re-prioritised the road works program and the upgrade of Victoria Street was withdrawn. Re-prioritising Victoria Street upgrade was presumably on the basis that the standard was adequate for the number of lots using the section of road at the time.

It is also important to note that with the current subdivision proposal the Applicant would usually have been required to extend and construct Victoria Street into the site as a public road (approximately 200m) to provide access to the proposed new lots. However, Council supported a variation to its policy by allowing a right of way (RoW) to be used to provide access and in recognition of the cost to upgrade Victoria Street external to the site. As a result of this decision the road construction costs for the proposed subdivision have been significantly reduced.

It is noted that the Consent also includes a s94 contribution of $10,135 (i.e. $3,387 per additional lot) toward rural road improvements. With the requirement for direct road works to be undertaken as part of the subdivision this condition is unnecessary.

4.2 Standard of Cul-de-sac

The conditions of Development Consent required that the cul-de-sac be constructed of 40mm thick asphaltic concrete. This requirement is per Council’s Road Standards Policy for an urban residential subdivision. However, it is acknowledged that this subdivision is more accurately categorised as a rural-residential subdivision. The Road Standards Policy allows the use of two coat seal for cul-de-sacs in rural residential subdivisions. A variation to this condition is supported.

5. Conclusion

From the assessment of the proposal and consideration of issues raised in the submission, it is recommended that the application to modify Development Consent No 5.2014.144.1 for a rural-residential subdivision at 72 Victoria Street, Sutton be refused on the following grounds:

· The condition of Victoria Street is substandard and not suitable given the additional traffic generated by the subdivision and should be upgraded in accordance with Council policy

· An unsealed Victoria Street will exacerbate dust issues and adversely impact upon nearby residences.

· The proposed modification is contrary to public interest.

However it is also recommended that prior to a refusal notice being issued, the Applicant is invited to revise the request:

· To remove the s94 contribution for rural roads where the road upgrade and sealing is undertaken in accordance with the Consent condition

· For the standard of the cul-de-sac to allow for a two-coat bitumen seal

Ordinary Council Meeting 24 February 2016

8.8 Development Application No 5.2010.314.1 - Filling, 534 Parkwood Road, Wallaroo

FILE: 5533 – CB

SYNOPSIS

To consider Development Application No 5.2010.314.1 for the importation and management of filling material associated with the existing quarry operations at 534 Parkwood Road, Wallaroo (refer Attachment A).

OPERATIONAL PLAN AND BUDGET IMPLICATIONS

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

COMMUNICATION PLAN

Public exhibition was not required as the proposal relates to the existing operations at the site. Adjoining and nearby residents have previously raised concerns regarding the validity of claims for existing use rights.

SUSTAINABILITY IMPLICATIONS

Social	Impacts considered as part of planning assessment
Economic	Impacts considered as part of planning assessment
Environment	Impacts considered as part of planning assessment
Governance	Applications required to be considered in accordance with the Environmental Planning & Assessment Act 1979

RECOMMENDATION

That:

1. Development Application No 5.2010.314.1 for filling at 534 Parkwood Road, Wallaroo be refused on the following grounds:

· The proposal is inconsistent with the existing use rights for the site

· The proposal is inconsistent with the Environmental Management zone objectives

· The proposal is inconsistent with the environmental values of the area

2. The Applicant be advised that any rehabilitation works importing VENM fill material onto the site and relying on existing use rights are restricted to the area actually and physically being excavated at the 3 February 1986.

Attachments: a. Locality Plan ⇩

b. Proposed Site Layout ⇩

c. Extent of Existing Use Rights for Extraction and Filling (November 1988) ⇩

d. Possible Quarry Expansion (subject to Consent) ⇩

e. Applicant Letter February 2016 ⇩

REPORT

1. Application Details]

Date Received	-	5 October 2010
Land	-	Lot 61 DP801234, 534 Parkwood Road, Wallaroo
Area	-	93ha
Zoning	-	E3 – Environmental Management

2. Proposal

The submitted application involves the importing and management of virgin excavated natural material (VENM) for rehabilitation works associated with the existing quarry operations at the site. The proposed site layout is included in Attachment B.

The proposal is considered to be ‘landfill’ or ‘waste management facility’ and is currently prohibited in the ‘Environmental Management’ zone. It is relying on existing use rights for its continued operation.

3. Site Description and Locality

The site is located at the end of Parkwood Road, Wallaroo. The Murrumbidgee River and Ginninderra Creek form the northern and eastern boundaries of the site. The area is generally characterised by rural and rural life style land uses. The areas along each watercourse are highly valued for their scenic qualities. The existing Ginninderra Red Granite Quarry and former Ginninderra Falls Tourist Park occupy the site. A Locality Plan is included as Attachment A.

4. Assessment

An assessment of the proposal has been completed in accordance with the planning legislation. The proposal is inconsistent with the relevant planning controls, policies and guidelines. This proposal is more about planning law rather than the planning merits of the proposal.

The key issue associated with the proposal is the extent of existing use rights and whether these rights extend to receiving waste material. This discussion commenced prior to the lodging of the current application but remains relevant.

4.1 Existing Use Rights

The issue of existing use rights has been the subject of considerable legal advice. While existing use rights have been acknowledged there is a clear difference of opinion between legal advisors over the extent of these rights i.e.

· Pike Lawyers (Applicant)

Area of land actually and physically used for the quarry extends to all parts of the land subject to previous excavations

· Williams Love & Nicol (Council)

Area of land actually and physically used for the quarry is limited to that area actually being excavated at 3 February 1986 (i.e. the date in which s109(2) Environmental Planning & Assessment Act 1979 relating to existing use rights inserted)

In December 2010 Council formed the view that the existing use rights were limited to the area actually and physically being used at 3 February 1986 and is identified in Figure 3.2 in the Environmental Impact Statement (EIS) prepared by David Hogg Pty Ltd in November 1988 (refer Attachment C). It is noted that any expansion of the quarry into the area held ‘in reserve’, and detailed in Figure 4.1 of the EIS (refer Attachment D) was subject to Development Consent being obtained. This Consent was not obtained.

4.2 Receiving Waste Material

While previous approvals for excavation at the land made reference to rehabilitation, no reference has been identified to the operations receiving waste material.

In August 2006 Council determined to formally advise it will not consent to the rehabilitation of the quarry using fill materials imported onto the site without a separate Development Application for the use of the site as a ‘landfill’ or ‘waste management facility’.

It is therefore considered that any rehabilitation works importing fill material onto the site and relying on existing use rights is restricted to the area actually and physically being excavated at 3 February 1986 (i.e. Figure 3.2 refer Attachment C).

4.3 Limits of Existing Use Rights

There has been extensive ongoing discussion with the Applicant regarding this proposal since being lodged in 2010. There have also been multiple officers involved with the matter and considerable material to review to gain an understanding of the proposal before forming an opinion.

From a review of the file history and information provided by the Applicant the following conclusions are made:

· The existing use rights are limited to the area actually and physically being used as a quarry as at 3 February 1986 (refer Attachment C)

· Existing use rights do not extend to other areas of the land subject to previous excavations

· It may have been possible for the quarry to expand beyond the area identified in Figure 3.2 (refer Attachment C).and into the area held ‘in reserve’ (i.e. Figure 4.1 refer Attachment D) however this requires Development Consent to be obtained. There is currently no Consent in place for this activity

· Importing fill (including VENM) for rehabilitation work is restricted to those quarry areas with existing use rights outlined above

The Applicant was made aware of this position in August 2015. In addition the Applicant was advised that a possible option to have the application and the existing use rights issue resolved was to lodge an appeal with the Land & Environment Court against either a failure to make a decision or a refusal of the application. The Applicant has been considering options since this time.

4.4 Further Representations

The Applicant has made further representations (refer Attachment E) in relation to the existing use rights and the proposal. Council may wish to consider further legal advice however this is not considered necessary at this time as no new information has been provided that has not been previously considered.

The latest submission continues to highlight the different views previously identified in 2011 between the Applicant and Council’s legal advisors on the extent of existing use rights.

The concerns relating to dredging operations are not relevant to the quarry operations and its existing use rights.

Under planning legislation the onus is on the Applicant to provide information in support of their application (including evidence in support of existing use right claims) and not on Council as claimed. Council’s role is to assess the information provided and in this instance Council has received legal advice indicating that the existing use rights as claimed are not supported. On this basis the proposal Development Application cannot be supported either.

5. Conclusion

From the assessment of the proposal it is recommended that the application be refused on the grounds that:

· The proposal is inconsistent with the existing use rights for the site

· The proposal is inconsistent with the Environmental Management zone objectives

· The proposal is inconsistent with the environmental values of the area

The Applicant should also be advised that any rehabilitation works importing VENM fill material onto the site and relying on existing use rights are restricted to the area actually and physically being excavated at the 3 February 1986.

Ordinary Council Meeting 24 February 2016

8.9 Development Application No. 5.2015.283.1 - Function Centre, 528 Back Creek Road, Gundaroo

FILE: 2107 – KM

SYNOPSIS

To consider Development Application No. 5.2015.283.1 to use an existing shearing shed for a function centre at 528 Back Creek Road, Gundaroo (refer Attachment A).

OPERATIONAL PLAN AND BUDGET IMPLICATIONS

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

COMMUNICATION PLAN

The proposal was placed on public exhibition for 21 days and included notice to the adjoining and nearby landowners. Seven submissions were received - five objections (two of these submitted ‘in confidence’) and two in support of the proposal.

The key issues raised in the objections are:

· Increased noise

· Increased traffic

· Bush fire safety

· Lack of supporting documents

· Property values

· Restrictions on the proposal if approved

The key issues raised in the letters of support are:

· Noise will not be unreasonable

· Periodic increase in traffic will be negligible

· Economic benefits for local business and Gundaroo

· Suitability of the site

SUSTAINABILITY IMPLICATIONS

Social	Impacts considered as part of planning assessment
Economic	Impacts considered as part of planning assessment
Environment	Impacts considered as part of planning assessment
Governance	Applications required to be considered in accordance with the Environmental Planning & Assessment Act 1979

RECOMMENDATION

That Conditional Development Consent is issued for Development Application No. 5.2015.283.1 for a function centre at 528 Back Creek Road, Gundaroo.

Attachments: a. Locality Plan ⇩

b. Proposal Details ⇩

c. Site Plan ⇩

d. Existing Floor Plan ⇩

e. Supporting Submissions ⇩

f. Objections ⇩

g. Objections In Confidence - Confidential

h. Draft Conditions ⇩

REPORT

1. Application Details

Date Received	-	18 November 2015
Land	-	Lot 2 DP 501057, 528 Back Creek Road, Gundaroo
Area	-	78.9 ha
Zoning	-	RU1 Primary Production

2. Proposal

The application involves the use of an existing shearing shed for the purpose of a function centre. Functions will include, but not limited to, wedding receptions, Christmas parties, family celebrations and corporate events.

All functions are to be concluded by 11.30pm, with all guests departing the site by 12am. Ample space exists on site for the parking of vehicles (coaches and cars) associated with a function. Access to the function centre will utilise the existing, unsealed driveway. All food served at a function will be prepared by caterers off site and therefore only the warming and serving of food will take place within the function centre. Sanitary facilities will be brought to the site for each function and minor building upgrades are proposed to ensure adequate access for disabled patrons and compliance with all fire safety requirements.

Details of the proposal are included in Attachments B to D.

3. Site Description and Locality

The development site is located on Back Creek Road, Gundaroo (refer Attachment A), which is an unsealed road maintained by Council. The site is rectangular in shape and has an area of 78.9ha. The site is undulating and improvements on the site consist of a dwelling house and ancillary outbuildings.

The existing shearing shed is located on a relatively flat part of the site, approximately 80m from the Applicant’s dwelling. A dam is located approximately 80m from the shearing shed, which can be viewed from the western end of the structure.

Access to the shearing shed, from Back Creek Road, is via an existing, unsealed driveway.

Land use in the vicinity of the site is predominantly agriculture, with the closest dwelling house located approximately 400m from the shearing shed, from which an objection was not received.

4. Assessment

An assessment of the proposal has been completed in accordance with the planning legislation. The proposal generally complies with the relevant planning controls, policies and guidelines.

The following is a response to the issues raised in submissions (refer Attachments E to G).

4.1 Noise

Objections raised concerns with potential noise from the use of speakers on the deck at the western end of the shed, guests smoking outside the shed, the lack of soundproofing of the shed, guests leaving the site in a disorderly manner and the inability of the Applicants to ensure the functions conclude at 11.30pm.

Concerns have been raised that noise created by the function centre is out of character with typical agricultural noise (e.g. machinery and dogs) and the rural location and is therefore not suitable for the site. Nearby residents are concerned that noise will impact on their quality of life due to sound travelling long distances and potentially resulting in sleep deprivation.

Functions have been previously held on the site, however it unknown whether these were private or commercial.

In response to these concerns the hours of operation of the function centre can be restricted from 10am to 12am, with all use of speakers, microphones and other sound related equipment to cease at 11.30pm and all guests to have vacated the site by 12am. The start time of 10am will allow functions to be held during the day (e.g. lunch or afternoon tea) and to also allow the testing of sound equipment prior to all functions.

A Consent condition can be included in any approval that may require nearby residents to be notified of upcoming functions two weeks prior to the function taking place. The aim of the notification is to alleviate the angst caused by unexpected noise.

It is important to note that a letter of support from a nearby resident acknowledged that noise will be heard from the function centre, however this will not be unreasonable if this occurs within restricted hours.

4.2 Traffic

Increased traffic using Back Creek Road has been raised as a concern due to the unsuitability of the road for additional users, the potential for Back Creek Road to further deteriorate and that the road will become unsafe for other users including motorists, horse riders, cyclists, walkers, runners and native animals. Dust generated by the increased traffic has been suggested as causing water pollution, crop damage, increased wear and tear on resident’s vehicles and being a nuisance for drying clothes. The increase in traffic was also linked to an increased number of people who would throw cigarettes out of car windows.

It is also noted that additional works will be required by Council to maintain the road and that this will be at ratepayers expense. It was suggested also that an annual road contribution be paid by the Applicants, to offset the damage to Back Creek Road.

A letter of support states that the periodic increase in traffic will be negligible and not dissimilar to the increase in traffic experienced as new houses are constructed along Back Creek Road.

An assessment of the traffic impacts indicates that the expected traffic levels associated with each function does not warrant the upgrade of Back Creek Road or the payment of a road contribution. The current state of Back Creek Road is an existing issue which needs to be addressed separately to the assessment of this application.

The use of buses on Back Creek Road was also recognised as a potential cause of damage to the road and questions were raised as to how the use of buses will be enforced and where the pick-up and drop-off point for guests will be located.

The use of buses will minimise the number of vehicles on the road and pick up/set down can occur on site. However as guests may be travelling from various locations to the site bus transport may not be the most effective mode. Accordingly restricting transport to ‘bus only’ is considered to be unreasonable.

Submissions also suggested that restrictions are placed on the number of cars attending the site. A restriction on the number of guests permitted to attend the site will assist with controlling the number of vehicles.

A restriction on the frequency of functions will also assist with managing vehicle impacts. Functions at a shearing shed are likely to be limited both in appeal and due to weather. The logistics of each function (e.g. setting up, decorating, food preparation, cleaning) will also limit the availability of the venue. The LEP currently provides for a temporary land use for up to 52 days per year (or equivalent to one day per week). A limit on frequency consistent with this standard is considered appropriate.

Claims that a previous application for a function centre was refused by Council due to occupational health and safety issues and the unsuitability of Back Creek Road have not been substantiated. A search of Council’s records revealed that an application for a function centre has not previously been lodged.

4.3 Bush Fire

Objectors raised issues in relation to the risk of bushfires in the area and in particular that emergency vehicle access will be impeded by increased traffic on Back Creek Road and by vehicles parked on site. Objectors have suggested that functions not take place during extreme fire danger and appropriate water sources are to be made available for firefighting purposes and a Fire Management Plan be in place.

The application was assessed against Planning for Bush Fire Protection 2006. Consent conditions can be required for:

· An Asset Protection Zone (APZ) is to be created around the existing building for a distance of 50m

· Maintenance of driveway access for firefighting vehicles

· The submission of a Bush Fire Emergency Management and Evacuation Plan prior to the issue of an Occupation Certificate

4.4 Documentation

Objections raised concerns with the lack of details in the submitted documents such as:

· Frequency of functions

· Number of people or vehicles expected to attend the site

· Noise Impact Assessment

· Sound pressure levels

· Expected noise levels

· Noise mitigation measures

· Suitability of Back Creek Road

· Fire risk management

· Dust mitigation

· Site selection

In response to these concerns the following comments are made:

· While the anticipated number of functions is not known it is expected that the majority of functions will be held during the warmer months. A limit can be included in any approval that may issue on the frequency of functions at the site

· The number of guests on site at any one time can be restricted to 120. The floor area of the shed able to be used for the seating of guests for meals is approximately 240m² allowing 2m²of floor area per guest.

· The number of vehicles attending the site will vary between functions as this depends on the use of buses, the number of personal vehicles used and the number of guests travelling in a single vehicle. The restriction of the number of guests will assist with controlling the number of vehicles attending the site

· An assessment of noise and sounds pressure levels was not considered necessary due to the small scale of the proposal. Restricting hours of operation and the use of amplified sound equipment will assist with lessening the impact on nearby residents

· The suitability of Back Creek Road has been assessed

· The proposal has been assessed against Planning for Bush Fire Protection 2006 (and the Building Code of Australia. Appropriate conditions can be included in any approval that may be issued to ensure the site and the building meets all fire safety requirements

· While the level of traffic is not considered to cause a significant dust issue a condition can be included in any approval requiring no nuisance to be caused to neighbours otherwise preventative action may be initiated under the Protection of the Environment Operations Act 1997

· The site selection was determined by the location of the existing shearing shed.

4.5 Property Values

The Courts have consistently held that the impact of a development on property values is not a valid planning objection.

4.6 Consent Conditions

Submissions have suggested that any approval issued should place restrictions on the operation of the function centre and the following can be addressed through Consent conditions:

· Marquees are not permitted to extend the venue space – unless where permitted as exempt development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

· Details of each function are to be recorded by the applicants. These details are to include date, number of guests, start and finish times and details of neighbour notification

· Compliance with Building Code of Australia

· Hours of operation

· Limit on the number of guests

· Restricting the frequency of events

4.7 Economic Benefits

Submissions received in support of the proposal identify the potential economic benefits of the proposal including the generation of additional income for the Applicants and local businesses (e.g. accommodation, caterers, photographers) and that if successful, will create positive publicity for Gundaroo.

4.8 Suitability for Function Venue

It has been acknowledged by a supporter of the proposal that the rural setting should be made available for others to experience and that this setting will create a unique location for a wedding or other function.

5. 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 H.

8.9 Development Application No. 5.2015.283.1 - Function Centre, 528 Back Creek Road, Gundaroo

Attachment h Draft Conditions

PART A - GENERAL CONDITIONS

(1) Consent is granted generally in accordance with the plans and details submitted to Council with the Development Application. The plan and details have been stamped and attached to this consent. The development shall be carried out in accordance with the stamped plans or as modified by these conditions.

(2) This approval relates only to the development referred to in the development application and specifically does not amount to an approval or acceptance by the Council of any works or buildings already erected on the land, whether or not those works or buildings are the subject of a prior development or building approval.

(3) This approval only permits the use of the site as a function centre for a maximum of 52 days (whether or not consecutive days) in any period of 12 months.

(4) The approved hours of operation for the function centre are 10am to 12pm – 7 days a week.

All music (pre-recorded and/or live) and the use of microphones, speakers and other sound related equipment is to cease at 11.30pm.

All guests associated with the function centre are to have vacated the site by 12pm.

The hours of operation specified in this condition may be varied with the written consent of the Council, only if the Council is satisfied that the amenity of residents within the locality will not be significantly impacted.

(5) No more than 120 guests are permitted to attend the site at any one time unless otherwise approved in writing by Council.

(6) All local residents likely to be impacted upon by an event shall be notified two weeks prior to the function taking place. The notification is to detail the following:

· Proposed date and start and finish times of the function

· The telephone number of a contact person(s) present at the event.

(7) The operator/s of the function centre shall maintain accurate records of each function including:

· Date of the function

· Number of guests

· Start and finish times

· Details of neighbour notification – residents notified and form of notification.

These records shall be made available at the request of Council.

(8) Dust and noise emissions must comply with the provisions of the Protection of the Environment Operations Act 1997.

(9) Functions are restricted to the area shown of the approved plans and does not extend to the erection of tents, marquees and other similar temporary structures unless they are considered Exempt Development or they are otherwise approved in writing by Council;

(10) Potable water to the proposed development must be supplied in accordance with the NSW Health Private Water Supply Guidelines.

(11) All rubbish must be disposed of at a licensed waste facility.

(12) Suitable provision shall be made to eliminate any trip hazard associated with the slotted timber flooring during functions.

(13) The erection of signs shall be restricted to that which are considered exempt development under the provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 unless otherwise approved in writing by Council.

PART B - PRIOR TO ISSUE OF BUILDING CONSTRUCTION CERTIFICATE

(1) Detailed specifications of the effluent storage associated with the proposed transportable toilet block shall be submitted to Council for approval prior to the issue of a Construction Certificate. These specifications shall be accompanied by a plan of management which details the transport, disposal, maintenance and record keeping associated with the effluent storage.

Where the building is proposed to be connected to an on-site sewage management facility a separate approval to install the facility (under the provisions of the Local Government Act 1993) will need to be obtained prior to the issue of a Construction Certificate.

(2) Detailed plans and specification of the proposed transportable toilet block shall be submitted to and approved by Council prior to the issue of a Construction Certificate. As a minimum these details shall include:

· Scaled elevation plans

· A scaled floor plan

· Engineers certification and/or manufacturers specifications

· Engineered footing details (if applicable).

It is important to note that the toilet block must contain the following:

· Unisex accessible toilet facility with a hand basin which achieves compliance with AS 1428.1 - 2009, ‘Design for Access and Mobility’

· A male toilet facility which contains:

- 1 ambulant toilet which achieves compliance with AS 1428.1 - 2009, ‘Design for Access and Mobility’

- 1 urinal

- 1 hand basin

· A female toilet facility which contains:

- 1 ambulant toilet which achieves compliance with AS 1428.1 - 2009, ‘Design for Access and Mobility’

- 1 regular toilet

- 1 hand basin

(3) Additional exit doors are required to be installed within the function area in order to provide safe egress from the building in the event of an emergency. Details of the proposed location of these doors (and any associated stair landing or ramp) shall be submitted to Council prior to the issue of a Construction Certificate;

The location and construction of exits shall comply with Part D of the Building Code of Australia Volume 1 (as amended).

(4) A continuous path of travel in accordance with AS 1428.1 - 2009, ‘Design for Access and Mobility’ shall be provided:

· From the designate parking area to the building at the main points of pedestrian entry

· From the main point of pedestrian entry into both the toilet block and the function area.

Detailed plans demonstrating how this will be achieved shall be submitted to and approved by Council prior to the issue of a Construction Certificate. As a minimum these details shall include:

· Scaled elevation plans

· A scale dimensioned floor plan

· Construction details including member sizes certified by a structural engineer

· Engineered footing details.

(5) A certificate of structural adequacy prepared by a suitably qualified and experience structural engineer certifying that the existing building is suitable for its proposed use as a function centre shall be submitted to Council prior to the issue of a Construction Certificate.

PART C - PRIOR TO COMMENCEMENT OF WORKS

(1) Council shall be informed of the name and details of the Principal Certifying Authority and the date construction work is proposed to commence, no later than two days prior to such commencement.

(2) A sign shall be displayed in a prominent position on any site on which building, work, subdivision work or demolition work is being carried out.

The sign must list the following details:

· The name, address and telephone number of the Principal Certifying Authority and

· The name of the Principal Contractor and an after-hours telephone number and

· That unauthorised entry to the site is prohibited.

The sign must be maintained while the building work, subdivision work or demolition work is being carried out and removed upon completion.

(3) Public access to the site and building works, materials and equipment on the site is to be restricted, when building work is not in progress or the site is unoccupied.

Public safety provisions must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

(4) Toilet facilities must be provided at the work site on which work involved in the erection or demolition of a building is being carried out. Each toilet provided must be:

· a flushing portable toilet maintained under a service agreement with an accredited service provider or

· a standard flushing toilet connected to an accredited on-site sewage management facility approved by Council.

(5) Each Plumber and Drainer that works on the development must notify the Yass Valley Council of their intention to carry out works as outlined in the Plumbing and Drainage Act 2011. Such notification is to come in the form of the standard Notice of Work (NoW) form prepared by the Office of Fair Trading.

PART D - BUILDING INSPECTIONS

(1) Critical stage building inspections must be carried out by the Principal Certifying Authority as required by Clause 162A of the Environmental Planning and Assessment Regulation 2000.

Where Council is nominated as the Principal Certifying Authority Inspections will be required at the following stages of construction:

Inspection	Hold Point
(a) Footings	After excavation and prior to pouring concrete
(b) Frame	Prior to placing internal sheeting, after all internal services including water plumbing and electrical are installed and external cladding has been fixed.
(c) Final	All works relating to the proposed development are complete and all conditions of development consent are complied with.

(2) As the local plumbing and drainage regulator Yass Valley Council must undertake inspections at the following stages of construction:

Inspection	Hold Point
(a) All internal and external drainage.	Prior to backfill
(b) All internal hot and cold plumbing works (where applicable).	Prior to the installation of insulation and internal linings.
(e) At the completion of all plumbing works.	Prior to the occupation of the building

(3) Upon inspection of each stage of construction, the principal certifying authority (or other suitably qualified person on behalf of the principal certifying authority subject to the provisions of the Environmental Planning and Assessment Act 1979 and Regulation 2000) is also required to ensure that adequate provisions are made for the following measures (as applicable), to ensure compliance with the terms of Council’s approval:

· Provision of perimeter fences or hoardings for public safety and restricted access to building sites.

· Maintenance of the public place free from any unauthorised materials, waste containers or other obstructions.

PART E – SANITARY PLUMBING AND DRAINAGE

(1) All Plumbing and Drainage work shall comply with the provisions of the Plumbing Code of Australia.

(2) Plumbing and Drainage shall comply with the provisions of the Plumbing and Drainage Act 2011 and Plumbing and Drainage Regulation 2012.

The Plumbing and Drainage Act 2011 requires each Plumber and Drainer that works on the development to submit the following information to the Yass Valley Council:

· Notice of Work (NoW)

· Sewer Service Diagram (SSD)

· Certificate of Compliance (CoC).

PART F - CONSTRUCTION

(1) All building work shall be carried out in accordance with the provisions of the Building Code of Australia (as amended) and all relevant Australian Standards.

(2) Noise generated during construction of the proposed development shall comply with the provisions of the Protection of the Environment Operations Act 1997.

(3) All construction and or demolition waste associated with the development shall be disposed of at a licensed waste management facility after being separated into components of:

· Asbestos

· Clean fill

· Bricks, tiles, concrete

· Steel

· Other metals

· Timber & vegetation and

· Other material.

Any asbestos shall be handled, removed, wrapped and transported in accordance with relevant regulations and WorkCover requirements.

Copies of receipts relating to the disposal of waste at a licensed waste management facility (or facilities) must be submitted to the Yass Valley Council upon request.

(4) Portable fire extinguishers shall be installed in the building or portions of the building compatible to the hazard/s posed by equipment or functions associated with the use of the building, in accordance with Clause E1.6 of the Building Code of Australia and AS 2444 (Portable Fire Extinguishers and Fire Blankets Selection and Location).

Consideration will be given to other types of extinguishers being located in the above positions, provided they are no less effective than the extinguisher listed.

(5) Required exit doors are to be constructed in accordance with Part D2 of Volume 1 of the Building Code of Australia (as amended).

(6) The proposed exits are not to be blocked at the point of discharge. Where necessary, suitable barriers must be provided to prevent vehicles from blocking the exit or access to it;

(7) Illuminated exit signs shall be installed in the building above or adjacent to every:

· door providing direct egress from a storey to a required exit

· door serving as, or forming part of, a required exit in a storey required to be provided with emergency lighting.

(8) The design and installation of illuminated exit signs shall comply with AS 2293.1 – 2005, Emergency escape lighting and exit signs for buildings;

(9) A continuous path of travel in accordance with AS 1428.1 - 2009, ‘Design for Access and Mobility’ shall be provided:

· From the designate parking area to the building at the main points of pedestrian entry

· From the main point of pedestrian entry into both the toilet block and the function area.

PART G – BUSHFIRE PROTECTION

(1) The existing building and the property around the asset shall be perpetually managed for a distance of 50 metres as an asset protection zone, as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for Asset Protection Zones'.

To allow for emergency service personnel and residents to undertake property protection activities, a defendable space that permits unobstructed pedestrian access is to be provided around the building.

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building.

(2) Water, electricity and gas are to comply with the following requirements of section 4.1.3 of 'Planning for Bush Fire Protection 2006':

· The water source shall be made available or located within the inner protection area (IPA) and away from the structure.

· A hardened ground surface for truck access is to be supplied up to and within 4 metres of the water source.

· A 65mm metal Storz outlet with a gate or ball valve shall be provided.

· In recognition that no reticulated water supply exists, a 20,000 litre water supply shall be provided for fire fighting purposes.

· Above ground tanks are manufactured of concrete or metal and raised tanks are to have their stands protected. Plastic tanks shall not be used.

· Underground tanks shall have an access hole of 200mm to allow tankers to refill direct from the tank. A hardened ground surface for truck access is to be supplied within 4 metres of the access hole.

· All associated fittings to the tank shall be non-combustible.

· A minimum 5hp or 3kW petrol or diesel powered pump shall be made available to the water supply.

· An 'SWS' marker shall be obtained from the local NSW Rural Fire Service and positioned for ease of identification by brigade personnel and other users of the SWS. In this regard:

(a) Markers must be fixed in a suitable location so as to be highly visible; and

(b) Markers should be positioned adjacent to the most appropriate access for the static water supply.

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire and to locate gas and electricity so as not to contribute to the risk of fire to a building.

(3) In recognition of the risk associated with the length of the property access road and prior to the new use of the existing building the access road (from the property boundary to the location of the existing building) shall be constructed/upgraded and maintained for the life of the development, to comply with the following requirements:

· A minimum carriageway width of 4 metres which is two wheel drive, all weather access.

· An additional 2 metre verge located either side of the 4 metre all weather access track to be maintained such that it is trafficable (making a minimum trafficable width of 8 metres).

· A minimum vertical clearance of 4 metres to any overhanging obstruction, including tree branches.

· Curves have a minimum inner radius of 6 metres and are minimal in number to allow for rapid access and egress.

· The minimum distance between the inner and outer curves is 6 metres.

· The cross fall is not to exceed 10 degrees.

· Maximum grades for sealed roads do not exceed 15 degrees and not more then 10 degrees for unsealed roads.

· Roads do not traverse a wetland or other land potentially subject to periodic inundation (other than a flood or storm surge).

The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation

(4) Landscaping shall comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.

PART H – FOOD REMISES FIT OUT

(1) The proposed kitchen is classified as “temporary premise” and as such the kitchen will only provide a place for registered external food caterers to plate or display food.

(2) The proposed temporary food premises must still comply with food safety practices in standard 3.2.2 of the Australia New Zealand Food Standards Code for duration of the business operation.

(3) Adequate provisions are to be made for the cleanliness and maintenance of the food preparation area. This is to be in accordance with:

· Food ACT 2003

· Food regulations 2015 and

· Australia New Zealand Food Standards Code.

(4) The hand wash basin in the kitchen is to be supplied with adequate potable water at a temperature of at least 40^˚C.

This water is to be mixed from a hot and cold water supply, with suitable soap or detergent and an adequate supply of single-use towels.

Tap operation is to be hands free, no lever arms/flick mixer are accepted.

(5) Temperature gauges are to be supplied to all cold/hot food appliances and fridges.

PART I - PRIOR TO ISSUE OF ANY CERTIFICATE OF OCCUPANCY

(1) All conditions relating to bushfire protection shall be suitably addressed prior to the issue of an Occupation Certificate.

(2) The applicant is to provide to Council a Bush fire emergency management and evacuation plan prior to the issue of an Occupation Certificate.

(3) All plumbing and drainage from the proposed temporary food premise must be in strict accordance with Australian Standard 3500 and connected to the proposed Onsite Sewage Management System.

(4) An appropriate water supply management plan, in compliance with NSW Health requirements and the Public Health Act 2010 and Public Health Regulation 2012 is to be provided prior to the issue of an occupation certificate.

(5) The applicant must demonstrate to Council’s satisfaction that the drinking water supplied to the premises will consistently meet the Australian Drinking Water Guidelines 2011 and any subsequent amendments to the Guidelines.

(6) The food business details must be notified to the Yass Valley Council (form 187) prior to the release of an Occupation Certificate. All businesses supplying food to the venue are to be registered with the Yass Valley Council.

(7) The fire safety measures, as detailed in the relevant Fire Safety Schedule are to be installed and maintained in accordance with the provisions of Clause 168 of the Environmental Planning and Assessment Regulation 2000. Such services must be installed in accordance with the minimum standard of performance.

(8) A fire safety certificate in accordance with Clause 174 of the Environmental Planning and Assessment Regulation 2000 is to be submitted to the Principal Certifying Authority prior to the issue of an occupation certificate.

(9) The existing balustrade on the deck shall be upgraded ensuring it complies with the Building Code of Australia.

PART J - PRIOR TO ISSUE OF FINAL CERTIFICATE OF OCCUPANCY

(1) A Final Occupation Certificate will not be issued until all conditions of this consent have been complied with in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

(2) Prior to the issue of any Final Certificate of Occupancy, individual Certificates of Compliance are to be submitted to Yass Valley Council certifying that the following specialist work (as applicable to the development):

· Plumbing/drainage work

· Electrical work

has been undertaken by a tradesperson licensed by the NSW Department of Fair Trading and complies with all relevant Australian Standards and the Building Code of Australia (as amended).

A copy of the tradespersons license number, name, address and the Australian Standards to which the certificate relates is to be included on any Certificate of Compliance submitted to Yass Valley Council.

(3) All other advertising sign not approved by this Development Consent on the façade of the building shall be removed.

(4) The developer shall restore, replace or reconstruct any damage caused to road pavements, surfaces, street furniture, roadside drainage, street lighting or underground facilities as a result of the construction of the development;

NOTES ACCOMPANYING DEVELOPMENT CONSENT 5.2015.283.1

(1) This Consent has been granted under Clause 2.3 of Yass Valley Local Environmental Plan 2013.

(2) All fees and charges associated with this Consent shall be adjusted annually from the date of this consent in accordance with seasonal movements in the CPI for the Canberra region.

(3) Any additional Council inspection, beyond the scope of any Compliance Certificate package and needed to verify the compliance of any work, shall be charged at the individual inspection rate nominated in Council’s Fees and Charges Schedule.

(4) The Occupational Health and Safety Act 2011, Occupational Health and Safety Regulation 2011 and various Australian Standards provide a comprehensive set of risk control measures and procedures for development sites which cover all types of risk.

This legislation is administered by WorkCover New South Wales which has produced a variety of guidelines and other supporting documents for the information of developers.

All persons undertaking work in connection with this consent should ensure that all required risk control measures and procedures are complied with.

(5) Should demolition works be required to comply with the conditions of this development consent please take note of the following:

· All demolition work is to be carried out in accordance with the provisions of Australian Standard AS 2601-1991: The Demolition of Structures.

· All utility services are to be disconnected to the requirements of the relevant authorities.

· Asbestos waste, if present in the building proposed to be demolished, is to be removed, handled, transported and disposed of in accordance with the requirements of WorkCover.

· All waste is to be disposed of at an approved waste management facility and prior arrangements must be made to deposit such waste by contacting the Manager of the facility prior to the demolition of the building.

· The deliberate burning of demolition materials shall not be permitted.

· All demolition work must be carried out totally within the allotment boundaries and must not extend onto public footpath, public roadway or adjoining properties.

· Vehicles transporting demolition material off site shall have loads secured against any loss during transit.

Ordinary Council Meeting 24 February 2016

8.10 Development Application 5.2015.298.1 - Front Fence - 56 Stephens Street, Binalong

FILE: PR.2464 – JTK

SYNOPSIS

To consider Development Application 5.2015.298.1 for a front fence at 56 Stephens Street, Binalong (refer Attachment A & B).

OPERATIONAL PLAN AND BUDGET IMPLICATIONS

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

COMMUNICATION PLAN

The proposal was placed on public exhibition for 21 days and included notice to adjoining and nearby landowner. There were no submissions received.

SUSTAINABILITY IMPLICATIONS

Social	Impacts considered as part of planning assessment
Economic	Impacts considered as part of planning assessment
Environment	Impacts considered as part of planning assessment
Governance	Applications required to be considered in accordance with the Environmental Planning & Assessment Act 1979

RECOMMENDATION

That Development Application No 5.2015.298.1 for a front fence at 56 Stephens Street, Binalong be refused on the grounds that the proposal is inconsistent and incompatible with the streetscape of the locality and the village character.

Attachments: a. Locality Plan ⇩

b. Site & Streetscape Photographs ⇩

c. Proposal ⇩

d. Applicant's Submission ⇩

e. Proposed Fence Streetscape Illustration ⇩

REPORT

1. Application Details

Date Received	-	8 December 2015
Land	-	56 Stephens Street BINALONG NSW 2584
Area	-	2,023m²
Zoning	-	RU5 – Village

2. Proposal

The submitted application involves the erection of a 2-2.4m high corten steel front fence. The proposal is not classified as Exempt Development and Development Consent is therefore required.

The Applicant has already purchased the fence which is currently stored on site, although this fact cannot be given weight as a planning consideration.

Details of the proposed development are included in Attachments C & D.

3. Site Description and Locality

The site is located on Stephens Street (also known as the Burley Griffin Way) in the village of Binalong (refer Attachment A). The locality consists of large village blocks with established dwellings and vegetation. Front fences in the area are low, open style construction (refer Attachment B).

The dwelling at 56 Stephens Street is an older style house built near the front property boundary. There are two small trees forward of the front property boundary which would screen a limited part of the proposed fence.

4. Assessment

An assessment of the proposal has been completed in accordance with the planning legislation. The proposal is inconsistent with the relevant planning controls, policies and guidelines.

The planning issues identified primarily relate to the compatibility of the proposed fence with the streetscape and character of the locality.

4.1 Streetscape and Character

A variety of front boundary fences are evident along Stephens Street, although they are predominately transparent (i.e. post and wire). There are no solid, taller fences (e.g. Colorbond, paling fences) in close proximity to the site.

Prior to lodgement, the applicant was advised that in the village a front fence located within the setback area should generally:

· Not be more than 1.5m above ground level (existing)

· Be open for at least 50 per cent of the upper ⅔ of the area of the fence

· In relation to any brick or other solid portion of the fence above 600mm, be not more than 250mm wide

· Be constructed of masonry, stone, timber pickets/railings, woven wire or steel posts rather than solid Colorbond steel or timber panels

The proposed fence of solid steel is considered to be visually dominant and is not considered to positively contribute to the streetscape or village character (refer Attachment E). The Applicant has indicated that the scale of the fence will be reduced through the use of an earth berm in front of the fence. However, a site inspection determined that the difference in elevation between the road surface and the location of the front fence is minimal and an earth berm would not significantly reduce the visual scale. The height of the proposed fence will prevent a sight line from the dwelling to the street from being achieved, reducing passive surveillance and representing a poor planning outcome.

The proposed fence is considered to be inconsistent and incompatible with the streetscape and village character, particularly given its prominent location on the main road through the village.

4.2 Noise and Headlight Impacts

The Applicant has indicated that the proposed fence is to reduce noise and the impact of headlights experienced by occupants of the dwelling.

There is no evidence that the property has been designated as a ‘sensitive receiver’ by the Roads & Maritime Services (RMS) for eligibility under their Road Noise Abetment Program.

Whilst it is acknowledged that the fence may contribute to reducing these impacts to occupants, it is still considered that a solid steel fence of this scale is not an appropriate solution. Other architectural treatments may be available to reduce noise (e.g. double glazing) and headlight impacts (e.g. shutters) and should be considered by the applicant.

5. Conclusion

From the assessment of the proposal it is recommended that the Development Application be refused on the basis that it is inconsistent and incompatible with the streetscape of the locality and the village character.

Ordinary Council Meeting 24 February 2016

9.5 Strategic Business Plan for Waste Service

FILE: M.01.06.00 – TS

SYNOPSIS

Council in conjunction with NSW Public Works developed a Strategic Business Plan for Waste Management Services. The Strategic Business Plan incorporates Council’s current financial position and reflects Council’s and the community’s aspirations to meet future waste service levels and infrastructure needs.

The Plan identifies that the required infrastructure and services can be provided sustainably and identifies when specific projects are to be completed. The Plan covers the operation of the Yass Valley Council’s Waste Services and provides supporting information for Council’s Integrated Planning and Reporting (IP&R).

The Plan provides two separate models; the first being for General Waste Services and the second model being for Domestic Waste Collection Service. The Plan provides the required billing rates to meet levels of service incorporating future population growth and identifies new and upgraded infrastructure required to service future needs.

OPERATIONAL PLAN AND BUDGET IMPLICATIONS

The Operational Plan identifies the need to develop an Asset Management and Long Term Financial Management Plan for waste services The Strategic Business Plan supports this goal by identifying specific projects and undertaking financial modelling to ensure these projects can be funded.

COMMUNICATION PLAN

The Plan was placed on public exhibition for a period of 28 days with no submissions being received.

SUSTAINABILITY IMPLICATIONS

Social	Provision of quality waste disposal services are essential to social wellbeing in preventing health risks to the community.
Economic	The Strategic Business Plan ensures that Council is able to sustainably provide waste services and is able to fund upgrade and improvement works as well as infrastructure to service projected growth.
Environment	Council has a responsibility to manage waste and provide a waste disposal services in accordance with EPA requirements and POEO Act.
Governance	The Strategic Business Plan will meet ‘best practice management’ framework for waste. Development of long term financial plans is also required under the Integrated Planning and Reporting framework.

RECOMMENDATION

1. That the Strategic Business Plan for Waste Management Services 2015 be adopted by Council.

2. That in accordance with the Strategic Business Plan charges for 2016/17 be as follows:

- Waste Services Environmental Levy $92.00

- Domestic Kerbside Collection Charges $352.00

Attachments: Nil

REPORT

1. Background

The development of a Strategic Business Plan provides Council and the community with a long term view of how the waste services business unit will operate for the next 10 – 20 years and provide confidence that both general waste disposal services and household kerbside collection service are sustainable into the future.

Community and governments are demanding increased accountability, increased levels of service, and increased efficiency from waste services operations. In addition, regulatory authorities are demanding more stringent environmental regulations with an emphasised focus on reducing the amount of waste going to landfill by encouraging diversion rates and increased recycling. Strategic Business Plans aim to address these issues and provide a framework within which to develop appropriate levels of service and cost effective capital works and maintenance programs.

Sections 496 and 504 of the Local Government Act 1993 provide that the domestic waste management services of the Council must be financed by specific annual charges made and levied for that purpose alone. The Act prevents Council from applying ordinary rate income towards meeting the cost of domestic waste management services, nor can it use waste charge income for non-waste related functions. The term ‘domestic waste management service’ relates to the services that comprise the periodic collection of waste, generated on domestic premises, from individual parcels of rateable land and the services associated with recycling activities provided to these properties. The functions of domestic waste management services carried out by Council include, but are not limited, to the following:

· collection of domestic waste

· disposal and treatment of domestic waste

· recycling and waste minimisation activities associated with domestic waste collection and disposal.

Financial scenarios can be remodelled at any time in the future should Council’s priorities change, it is also recommended that this plan be reviewed every 3 - 5 years and it would be good practice to review on completion of major projects to evaluate total cost against forecasted infrastructure costs to ensure adequate reserve funds are available to fund future identified infrastructure and maintenance requirements.

Identified capital works in this plan to the value of $1.65M include:

· Waste pit compactor - Murrumbateman

· Recycling shed and office - Murrumbateman

· Closure and rehabilitation of Murrumbateman landfill as per closure plan.

· Point of Sale system for all sites

· Replacement infrastructure (recyclable bailer/press) - Yass

· New revolve shed - Yass

· Retaining wall and trailer loading area to convert Gundaroo to a waste transfer station, rehabilitation of site, closure of landfill.

· Maintenance and site improvement works across all transfer station sites.

Capital works funding to commence civil construction works at Murrumbateman transfer station upgrade had previously been allocated prior to the commencement of this business plan.

2. General Waste Services Model Pricing Structure

General waste service operations include all waste management services provided except the domestic garbage bin and recycling collection services. All the planned capital works for the 20 year forecast period are required for the general waste services and have been included in this financial model. The main revenue streams for this model are generated through environmental levies (40%) and tip/transfer station fees and the commercial waste collection revenues (60%).

The general waste services model demonstrates that the current environmental levy of $75 p.a. (2016/17 $’s) needs to increase to $105 p.a. in 2017/18 over a two year period at the rate of $15.00 per year. The forecast environmental levies are:

· For year 2016/17 $ 90 p.a. ($92 p.a. if adjusted for 1.8% p.a. rate pegging)

· For year 2017/18 $105 p.a. ($110 p.a. if adjusted for 2.5% p.a. rate pegging)

Environmental levy can be maintained from 2018 onwards for the remaining forecast period adjusted yearly by the rate pegging increase.

3. Domestic Waste Services Model Pricing Structure

Domestic waste collection services operations include only the domestic garbage bin and recycling bin collection services. There are no planned capital works for general waste other than the annual purchase of replacement waste and recycling bins provided to new services and as replacement for damaged bins.

The model forecast demonstrates that the 2015/16 annual domestic waste charge, measured in 2015/16 dollars of $346 p.a. can be maintained at the current level with the annual rate pegging increase applied each year. ($352 in 2016/17 adjusted to include 1.8% rate pegging increase).

It is recommended that the financial model will have to be annually updated and completely reviewed after 3 years to account for any major changes.

Ordinary Council Meeting 24 February 2016

11.1 Commencement of the Local Government Amendment (Councillor Misconduct and Poor Performance Act) 2015 and the Model Code of Conduct for Local Councils in NSW

FILE: P.02.00.00 – JB

SYNOPSIS

To adopt the new Model Code of Conduct.

OPERATIONAL PLAN AND BUDGET IMPLICATIONS

No implications

COMMUNICATION PLAN

Nil.

SUSTAINABILITY IMPLICATIONS

Social	N/A
Economic	N/A
Environment	N/A
Governance	Under Section 440 and 440AA of the Local Government Act 1993 Council is required to adopt a Code of Conduct and Procedures that are not inconsistent with the Model Code and Model Procedure.

RECOMMENDATION

1. That the Model Code of Conduct be adopted as Yass Valley Council’s Code of Conduct;

2. That the Model Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW be adopted as Yass Valley Council’s Procedure for Administering its Code of Conduct;

3. That the Model Code of Conduct be placed on public exhibition for a period of 42 days and if no submissions are received the Model Code of Conduct be adopted as amended.

Attachments: a. Model Code of Conduct for Local Councils in NSW ⇩

b. Procedures for the Administration of The Model Code of Conduct for Local Councils in NSW ⇩

REPORT

1. Commencement of the Local Government Amendment (Councillor Misconduct and Poor Performance Act) 2015

Amendments to the Local Government Act 1993 made by the Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015 commenced on 13 November 2015:

· As of the commencement date of the Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015, Councillors who have previously been suspended on two or more occasions will be automatically disqualified from holding office in a Council for 5 years if they are suspended on a further occasion. The Office has written directly to Councillors who have been suspended on two or more occasions to inform them of this change.

· The definition of “misconduct” has been expanded to include acts or omissions by Councillors that are intended to prevent the proper or effective functioning of a council or a committee of a Council (e.g. by disrupting decision making). Penalties for Councillor misconduct include suspension and disqualification from holding office.

· Councillors will no longer be permitted to participate in the consideration of the making, amendment, alteration or repeal of an environmental planning instrument applying to the whole or a significant part of their local government area they have pecuniary interests in unless:

· the only interests affected by the changes are the interests they or their relatives have in their principal places of residence; and

· they have made a special disclosure of the affected interests.

· This amendment is complemented by an amendment to clause 4.29 of the Model Code of Conduct for Local Councils in NSW which also commenced on 13 November 2015. The amendment will mean that councillors with significant non-pecuniary conflicts of interests in the making, amendment, alteration or repeal of an environmental planning instrument applying to the whole or a significant part of their local government area will no longer be permitted to participate in consideration of those matters unless:

· the only interests affected by the changes relate to the interest a person (e.g. a close friend or affiliate of a Councillor) has in their principal place of residence; and

· the Councillor has disclosed the affected interests.

The Office of Local Government advised that Councils must amend their adopted codes of conduct as soon as possible to reflect the amendment to clause 4.29 referred to above.

Council’s Complaints Coordinator is to note the following:

· Notice is no longer required of a motion to censure a Councillor for misconduct under section 440G. Under the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW, Councils can only formally censure a Councillor for misconduct where this is recommended in a report by an independent investigator. This will be reported to the Council under cover of a staff report by a Council’s complaints coordinator.

2. The Model Code of Conduct for Local Councils in NSW

The Model Code of Conduct has been developed to assist council officials to:

· understand the standards of conduct that are expected of them

· enable them to fulfil their statutory duty to act honestly and exercise a reasonable degree of care and diligence (section 439)

· act in a way that enhances public confidence in the integrity of local government.

· On 13 November 2015 the Office of Local Government (OLG) published a new Model Code of Conduct that sets out the minimum requirements of conduct for council officials in carrying out their functions. The Model Code is prescribed by regulation.

The key messages from the Office of Local Government on the new Model Code of Conduct and Procedures are:

· the Division is giving councils greater flexibility to resolve less serious matters informally. It is also providing for stronger penalties to help deter ongoing disruptive behaviour and serious misconduct.

· the new code is designed to introduce greater fairness. The investigation of all complaints about councillors and general managers is now managed from start to finish by an independent conduct reviewer.

· new standards have been included to address misuse of the code. Minor changes have also been made to standards previously covered by the code.

· clearer procedures have been introduced to help make the code easier to understand and use.

· the Division has more options to directly manage administration of the code and address its misuse. Both the Division and the Pecuniary Interest and Disciplinary Tribunal will be able to impose stronger penalties for repeated misconduct.

The Model Code of Conduct for Local Councils in NSW is provided in Attachment A and the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW is provided in Attachment B.

Ordinary Council Meeting 24 February 2016

11.2 Valuation of Heritage Listed Properties

FILE: R.02.00.00 – MRL

SYNOPSIS

The new Local Environment Plan (LEP) adopted in 2013 provides the basis for the 2013 property valuations undertaken by the Valuer General. The heritage aspect of the 278 heritage listed properties was not taken into account in the original valuations issued. A revised valuation has been issued that identifies $27,005.29 of overcharge across these properties that now makes it appropriate for Council to consider the applicability of refunds.

OPERATIONAL PLAN AND BUDGET IMPLICATIONS

There will be an impact on rate income for 2015/16 due to the reduced amount of income of $27,005.29, however this could be recouped in 2016/17 dependant on the outcome of correspondence with the Valuer General.

COMMUNICATION PLAN

All property owners will be advised individually by letter regarding the details of any refund that may be applicable. A media release will be arranged following Council’s determination on the matter.

SUSTAINABILITY IMPLICATIONS

Social	N/A
Economic	N/A
Environment	N/A
Governance	Objections to the original 2013 valuations will be considered under the Valuation of Land Act 1916 that if upheld will allow Council to recoup the reduction in 2015/16 income that will from implementation of refunds.

RECOMMENDATION

1. That applicable refunds be provided to all the 278 heritage listed property owners that have been overcharged as a result of incorrect valuations issued by the Valuer General.

2. That Council lodge an ‘objection’ to Valuer General to the 2013 Valuations of all the 278 heritage list properties.

3. That the Valuer General be requested to approve Council’s objections on the basis that objection is a consequence of the incorrect 2013 valuations issued by the Valuer General for the 278 heritage listed properties.

Attachments: a. Letter from Acting Valuer General ⇩

REPORT

1. Background

In July 2013, Yass Valley Council officially adopted a new Local Environment Plan (LEP) that included a number of local heritage listed properties. In November of that year, the NSW Valuer General provided to Council new unimproved land re-valuations for all properties within its boundaries for rating purposes.

This re-valuation took effect from 1/7/2014 and was first applied for the 2014/15 rating year under Section 62(1) of the Valuation of Land Act 1916 which states:

62(1) ‘Subject to the Act every rate or tax levied by a council or by any other rating or taxing authority in respect of land included in any such lists shall be levied in accordance with values appearing on such lists last furnished as aforesaid on or before the first day of any year for which such authority levies rates or taxes’.

The new valuation was to take into account all the zoning changes associated with the new LEP and any changes to the heritage listing of properties. Unbeknown to Council, the heritage listing of properties was not taken into consideration by the Valuer General when the new valuations were determined.

In August 2015, without any prior correspondence, Council was furnished with a supplementary list of valuations that contained 278 altered unimproved land valuations for local heritage listed properties. The valuations had a base date of 1/7/2013 and were furnished under 14A(2) of the Valuation of Land Act 1916.

It is understood that the Land & Property Information (LPI) discovered the error in the valuations associated with heritage listed properties in Yass Valley after being contacted by a local landowner. The heritage listing had not been factored into the valuation. This oversight was corrected in September 2015 by the Valuer General by issuing new land valuations for local heritage listed properties August 14A(2) of the NSW Valuation of Land Act 1916. Valuations that are ascertained under this section of the Act due to changed circumstances become a new valuation and Council has no right to rate retrospectively whether it is an increase or decrease in land value. The LPI advised Council to use these new valuations for the 2016/17 financial year.

In October, Council was contacted by a number of ratepayers querying why retrospective rating was not being implemented and a refund issued on rates given that they were advised that they had been issued a refund by the NSW Office of State Revenue for land tax as a result of the new valuations. Based on advice from the LPI refunds for ascertainment of values under 14A(2) were not applicable and on that basis ratepayers were advised that Council would not be issuing a revised rate notice.

Notwithstanding the advice that was provided to ratepayers, staff have been seeking to clarify the issue with the LPI and the Valuer General since October 2015.

On 12 February 2016, Council received a letter from the Acting Valuer General advising of the error by the Valuer General and that the Valuer General will reissue the valuations for the 278 heritage listed properties involved. The revaluations are to be reissued as a ‘re-ascertainment’ under section 14A(6) of the Valuation of Land Act 1916 (refer Attachment A).

2. Impact of Action by Valuer General

The error by the Valuer General and their proposed action to issue the valuations under section 14A(6), changes the equation for Council and now makes it appropriate to issue refunds.

Land valued under this section of the Act is a re-ascertainment correction and under section 14DD 2(b) it specifies ‘ ……any overpayment is refundable, and any underpayment recoverable …’

There are 278 properties affected in Yass valley and the error means that in total these properties have been overcharged $27,005.29, the average being $97.15 per property in 2014/15 and 2015/16.

Council’s rate income will be reduced in 2015/16 unless it is able to be recouped.

3. Recoupment of Lost Revenue

Under Section 31 of the Valuation of Land Act 1916 Council is able to lodge an objection against any valuation. Therefore, Council should consider lodging an objection against the 2013 valuations provided to the 278 heritage affected properties owners.

Section 34 indicates that grounds for an objection can be that the values assigned are either “too high or too low”. The Valuer General has already determined that valuations are ‘too high’ so there should be no argument on this point. The only catch is that under Section 35 the objection must be lodged within 60 days of the notice being issued to the property owners, notwithstanding, the Valuer General has the power under section 35A to rule on an ‘out of time’ objection.

If the objection is upheld then Council would be able to recoup this lost revenue as an adjustment to the total rate income in the following year. This amount would be distributed across the whole of the rate base when rates are determined for 2016/17. If the objection is not upheld then Council would have to bear cost of the valuation error of $27,005.29.

4. Proposed Action by Council

It is suggested that the following actions be undertaken;

a. Letters be written to all the 278 affected heritage property owners providing the details of the refund that will be provided by Council for their property.

b. Advise the property owners that unless requested otherwise the refund amount will be credited to their 2015/16 rates and carried forward to 2016/17 if rates have already been paid.

c. An objection be lodged to the Valuer General for 2013 heritage listed valuations on the grounds that the valuations were too high.

d. That the Valuer General be requested to consider an ‘out of time’ objection on the grounds that the valuation error did not become known within the 60 day period.

There will be considerable staff time involved in organising 278 refunds including correspondence to each property owner, the Valuer General and database adjustments to all affected rates within the computer based system. This will be Council’s contribution to resolving the current dilemma.

Ordinary Council Meeting 24 February 2016

11.3 Review of GOV-POL-21 Gifts and Benefits Policy

FILE: P.05.00.00 – JB

SYNOPSIS

Submitting revised GOV-POL-21 Gifts and Benefits policy for consideration.

OPERATIONAL PLAN AND BUDGET IMPLICATIONS

Nil

COMMUNICATION PLAN

Nil.

SUSTAINABILITY IMPLICATIONS

Social	N/A
Economic	N/A
Environment	N/A
Governance	Revision of the policy will improve the transparent and ethical conduct expected of all Councillors and staff in relation to the acceptance of gifts and benefits.

RECOMMENDATION

That the following amended policy GOV-POL-21 Gifts and Benefits be adopted.

Attachments: Nil

REPORT

Council has reviewed its Gifts and Benefits policy to reflect changes in the new Model Code of Conduct for Local Councils in NSW provided by the Office of Local Government.

Policy:

GIFTS AND BENEFITS

GOV-POL-21

Service: Governance

Responsible Officer: General Manager

1. OBJECTIVE

This policy establishes a common understanding of the transparent and ethical conduct expected of all Councillors and staff in relation to the acceptance of gifts and benefits.

2. DEFINITIONS

Benefit – A non-tangible item of value (eg. preferential treatment such as queue jumping or access to confidential information, access to private boxes at sporting venues). For the purposes of this policy, gifts and benefits are treated in the same way and considered to be interchangeable.

Bribe – A gift or benefit offered to or solicited by a member of staff to influence that person to act in a particular way.

Cash-like gift - Includes but is not limited to gift vouchers, credit cards, debit cards with credit on them, prepayments such as phone or internal credit, memberships or entitlements to discounts.

Ceremonial gift – An official gift often provided to delegates from another government organisation, politicians or other dignitaries of note.

Gifts and Benefits Register – A register maintained by the Corporate Administration Coordinator of all declared gifts.

Gift of gratitude or gift of appreciation – A gift offered to an individual or Council in appreciation of performing specific tasks or for exemplary performance of duties. Gifts to staff who speak at official functions would be considered gifts of gratitude.

Gift of influence – A gift that is intended to generally ingratiate the giver with the recipient for favourable treatment in the future.

Moderate hospitality – Free or subsidised meals or beverages consumed at the time and provided to staff infrequently (and/or reciprocally) by individuals and representatives of other agencies associated with meetings or visits in connection with official functions. Moderate hospitality does not extend to meals above nominal value.

Nominal value – For the purposes of this policy, a value that is equal to or less than $20 in relation to moderate hospitality and $5 in relation to token gifts.

Token gift – A gift that is offered in business situations. Such gifts are often small office or business accessories (e.g. pens, calendars, notepads) that contain an agency or company logo. They are usually products that are mass-produced, less than $5 in value and given to all customers or meeting participants rather than as a personal gift.

3. APPLICATION OF THE POLICY

This policy applies to Councillors and all staff, whether by way of appointment, secondment, contract, temporary arrangement or on a fee-for-service basis. Any individual having employee functions or acting in an employee capacity, including a volunteer, is a member of staff for the purpose of this policy.

4. GENERAL PRINCIPLES

(a) Council’s reputation for integrity and professionalism can only be achieved and maintained if the community is confident that Councillors and Council staff are not influenced by gifts, benefits or bribes. It is therefore essential that we try to avoid any real or perceived attempts to improperly influence us in the performance of our functions by the acceptance of bribes and gifts or benefits.

(b) It is often not a question of whether a gift or benefit is or was an attempt to influence a public official, but what a reasonable ‘impartial observer’ would think. Things which could influence the perception of a gift or benefit being improper would include:

- the scale, lavishness or expense/cost/value;

- the frequency of occurrence; and

- the degree of openness surrounding the occasion or gift.

Relevant considerations would include such things as:

- the nature of our main functions and the individual Councillor or staff member;

- the relationship between or potentially between, the giver/offerer and Council, the Councillor and/or individual staff member;

- the type of gift or benefit offered or given; and

- the frequency or regularity of gifts or offers from the same source.

(c) Councillors and staff should not take advantage (or seek to take advantage) of their status or position with, or functions performed for, Council in order to seek or obtain unauthorised or unfair benefit for themselves or for any other person or body. This includes seeking such advantage:

- as an inducement or reward for some decision, action or inaction, priority or delay that favours or is against the interests of any person or body; or

- whose receipt (or any expectation of receipt) would in any way tend to influence you to show, or not to show, favour or disfavour to any person or body in relation to the affairs or business of Council.

(d) In many circumstances, however, the acceptance of token gifts and benefits is either unavoidable or appropriate. Being transparent and accountable about the receipt of all gifts and benefits is the best way to avoid perceptions of improper influence.

5. ACCEPTANCE OF ANY GIFT OR BENEFIT AIMED TO INFLUENCE YOUR DUTIES IS PROHIBITED

We should never expect to get anything extra for doing what we are paid, or elected, to do. We should not seek or accept any payment, gift or benefit intended or likely to influence, or that could be reasonably perceived by an impartial observer as intended or likely to influence us:

(a) to act in a particular way (including making a particular decision); or

(b) to fail to act in a particular circumstance, or

6. ATTEMPTS AT BRIBERY MUST BE RESISTED AND IMMEDIATELY REPORTED

(a) You must refuse to accept any gift or benefit that you believe is offered as a bribe to either take or not take any particular action. If you are a staff member you must report any such attempt immediately to your Director who will advise the General Manager. Councillors must inform the Mayor who will advise the General Manager.

(b) Any staff member who becomes aware of another staff member soliciting gifts or benefits or accepting a bribe must immediately report that fact or suspicion to their Director who will advise the General Manager.

(c) Any Councillor who becomes aware of another Councillor soliciting gifts or benefits or accepting a bribe must immediately report that fact or suspicion to the Mayor who will advise the General Manager.

(d) The General Manager will consider appropriate action, report the matter to the ICAC by way of a section 11 notification under the Independent Commission Against Corruption Act 1988 and, where relevant, notify the police.

7. ACCEPTANCE OF GIFTS OF MONEY IS STRICTLY PROHIBITED

In no circumstances must any Councillor or staff member accept a gift of money or a cash-like gift in connection with their official duties. If a Councillor or staff member is offered a gift of money, it is to be refused and the incident reported immediately to the relevant Director, the General Manager and/or the Mayor. It must be declared in accordance with this policy. Any such gift that is received without the recipient’s knowledge, for example in the mail, must immediately be reported and declared, and every effort made to return it.

8. ALL GIFTS AND BENEFITS TO BE DECLARED

All gifts and benefits apart from token gifts of less than $5 value and moderate hospitality of less than $20 value must be declared on the Gifts and Benefits Declaration Form which is available via the intranet or from the Corporate Administration Coordinator. The Corporate Administration Coordinator will record every declaration in the Gifts and Benefits Register. This includes gifts and benefits that are offered to you, but which you refuse, and extends to any gift or benefit offered to a family member that arises in connection with your official duties or could be perceived to be connected with your official duties by a reasonable observer.

The policy applies at all times including Christmas and other cultural or religious occasions where gifts or benefits may be offered.

If you are in doubt about whether the value of a gift or benefit exceeds the nominal value as defined in the Policy you should declare it.

9. APPROVAL MUST BE OBTAINED FROM THE GENERAL MANAGER TO KEEP ANY GIFT OR BENEFIT

Once you declare a gift or benefit the General Manager or Director will either endorse the action you have already taken with respect to its disposal or direct you to take specific disposal action. You must abide by that decision.

10. ACCEPTANCE OF GIFTS OF GRATITUDE OR APPRECIATION IS NOT PERMITTED

It is not generally permissible for Councillors or staff to accept gifts or benefits given in gratitude or appreciation for work done even if the business relationship between you and the gift giver has been completed.

11. INADVERTENT ACCEPTANCE OF GIFTS OF APPRECIATION OR GRATITUDE ABOVE NOMINAL VALUE

In circumstances where a token gift with a nominal value greater than $5 is inadvertently accepted by a Councillor or staff member and may not be easily returned, it must be immediately declared. Examples would include a wrapped gift not opened in the presence of the giver, gifts accepted for cultural, protocol or other reasons where returning the gift would be inappropriate, anonymous gifts and gifts received in a public forum where attempts to refuse or return it would cause significant embarrassment or offence.

Decisions on whether such gifts may be kept by the Councillor or staff member will be made on a case by case basis by the General Manager or Director, although they will generally become the property of Council and be shared with other staff, donated to a raffle or used as a prize at a future staff function.

12. RESTRICTIONS ON ACCEPTING CUMULATIVE GIFTS OF NOMINAL VALUE

If you are offered multiple gifts of appreciation or gratitude within a six month period by the same person or organisation, the total value of which exceeds $20, they will be regarded as a cumulative gift that will need to be declared and shared with other staff or donated. In such circumstances, consideration should also be given to whether the ‘serial giving’ is an attempt to influence you. In the case of a Councillor this should be discussed with the Mayor. In the case of staff this should be discussed with your Director or the General Manager.

13. ACCEPTANCE OF PRIZES, SAMPLES OR TRIAL PRODUCTS

Any gift or benefit that is won as a result of entering a competition while engaging in official duties (eg. lucky door prizes at seminars) must be declared. If Council has a purchaser business relationship with the organisation that provided the prize then acceptance of the prize may lead to a perception of improper influence. In such circumstances, the prize should be publicly declined. If those circumstances do not apply, the prize becomes the property of Council and a decision on its disposal will be made by the General Manager. Generally, the prize should be shared with other staff, donated to a raffle or used as a prize at a future staff function.

All offers of free samples and trials of products are to be rejected unless approval has been obtained by the Director. All offers, whether rejected or accepted are to be declared on Council’s Gifts and Benefits Declaration Form.

14. DISPOSAL OF GIFTS OR BENEFITS ARISING FROM PURCHASE INCENTIVE SCHEMES

Any gift or benefit that is obtained as a result of a purchase incentive scheme belongs to Council and must be only used for official purposes. Its use should not be restricted to the officer responsible for making the purchase.

15. ACCEPTING TOKEN GIFTS AND HOSPITALITY

There is no requirement to declare receipt of token gifts and modest hospitality including food and beverages that are provided by another Council, government agency or individual as part of normal work related activities including business meetings, conferences and seminars where they are given to all participants. However, if the token gift has more than a nominal value of $5 or the hospitality is significantly more than Council would offer in similar circumstances and/or there is any suggestion or reason to possibly perceive that it may be offered in an attempt to influence your duties, it must be declared.

Any offer of free or subsidised travel and accommodation to attend a meeting or conference either as a participant or presenter needs to be declared and approved by the General Manager before acceptance.

16. GIFTS AND BENEFITS OF VALUE

Gifts and benefits that have more than a nominal value include, but are not limited to, tickets to major sporting events (such as state or international cricket matches or matches in other national sporting codes including NRL, AFL, FFA, NBL), corporate hospitality at a corporate facility at major sporting events, discounted products for personal use, the frequent use of facilities such as gyms, use of holiday homes, free or discounted travel must not be accepted and be declared on Council’s Gifts and Benefits Declaration Form, unless otherwise approved by the General Manager or Director.

17. PROVISION OF GIFTS AND BENEFITS TO OTHERS

It is acceptable practice for Council staff to offer modest hospitality to individuals and representatives of other Councils or government agencies who visit our office for work related activities. It is also acceptable to give tokens of appreciation to individuals who have given non-paid presentations to our staff. Such gifts must be approved by the General Manager and should be of a nominal value of $20 or less.

It is also acceptable to give ceremonial gifts to visiting dignitaries if so requested by the Mayor. These should generally be of a nominal value of $100 or less and should be approved by the General Manager.

18. DECLARATIONS BY COUNCILLORS AND DESIGNATED PERSONS

The subsequent actions in relation to all declared gifts and benefits are to be determined by the General Manager (or the Mayor, in the case of the potential recipient being the General Manager).

The inclusion of any entry in the Gifts and Benefits Register does not relieve Councillors and designated persons from their obligations to make disclosures in association with the Disclosure of Interest Returns (that is annual pecuniary interest returns) required under Section 449 (3) of the Local Government Act. It is also noted that the Local Government (General) Regulation 2005 states:

A gift need not be included in a return if:

(a) It did not exceed $500, unless it was among gifts totalling more than $500 made by the same person during a period of 12 months or less, or

(b) It was a political contribution disclosed, or required to be disclosed, under Part 6 of the Election Funding and Disclosures Act 1981, or

19. DISCIPLINARY CONSEQUENCES OF NOT COMPLYING WITH THS POLICY

Council staff who are found to accept gifts or benefits in contravention of this Policy may be subject to disciplinary action, which could include loss of job or entitlements, and possible criminal charges.

20. REFERENCE DOCUMENTS/LEGISLATION

Local Government Act 1993

Local Government (General) Regulation 2005

Council’s Code of Conduct

Statement of Business Ethics GOV-POL-5

Independent Commission Against Corruption Act 1988

Crimes Act 1900

HISTORY

Minute No	Date of Issue	Action	Author	Checked By
	6 September 2011	Re-written	Sheri Norton	EMT
352	14 September 2011	Adopted		Special Planning Committee Meeting
	15 January 2013	Amended	Sheri Norton	EMT
15	6 February 2013	Adopted		Special Planning Committee Meeting
	2 February 2016	Reviewed		EMT

Ordinary Council Meeting 24 February 2016

11.6 2nd Quarter Financial Budget Review

FILE: F.01.00.02 – SD

SYNOPSIS

Presentation of the 2^nd Quarter Budget Review for the period 1 October 2015 to 31 December 2015 for the financial year ending 30 June 2016.

OPERATIONAL PLAN AND BUDGET IMPLICATIONS

As a result of this Review, Council’s revised budget deficit is $53,610. The original budget for 2015/16 was a balanced budget and the first quarter review allowed for a deficit of $57,720. This is an improvement of $4,110. Explanations for the budget revisions can be found in the Notes.

COMMUNICATION PLAN

N/A.

SUSTAINABILITY IMPLICATIONS

Social	N/A
Economic	N/A
Environment	N/A
Governance	In accordance with the Local Government (General) Regulation 2005 (NSW) Section 203 (2)(a), it can be certified that the budget review indicates that the financial position of Council at 30 June 2016 is expected to be satisfactory

RECOMMENDATION

1. The Quarterly Budget Review Statement for the period ending 31 December 2015 with a deficit of $53,610 be adopted.

2. It is noted that in accordance with the Local Government (General) Regulation (NSW) Section 203 (2)(a), Council’s financial position as at 31 December 2015 is satisfactory, having regard to revised projected estimates of income and expenditure, and the original budgeted income and expenditure.

Attachments: Nil

REPORT

In accordance with the Local Government (General) Regulation 2005 (NSW) Section 203, the 2^nd Quarter Budget Review for the 2015/16 financial year, for the period ending 31 December 2015 is presented.

The following information is detailed below - result by services; comments for major variances; summary of cash and investments, including restrictions; summary of major contracts; and summary of monies paid to consultants and legal fees for the review period.

YASS VALLEY COUNCIL

QUARTERLY BUDGET REVIEW STATEMENT

The following statement is made in accordance with Clause 203(2) of the Local Government (General) Regulation 2005.

It is my opinion that the Quarterly Budget Review Statement for Yass Valley Council for the quarter ended 31 December 2015 indicates that Council’s projected financial position, having regard to the original estimate of income and expenditure and the circumstances that occurred requiring the current budget deficit amount, is satisfactory.

Signed

Sarah Donnelly
Responsible Accounting Officer
Yass Valley Council

February 2016

Notes for the Quarterly Budget Review Ended 31 December 2015 and Recommended Changes to the Revised Budget

Overall Comments

As a result of this Review, Council’s revised budget deficit is $56,310 against an original balanced budget for 2015/16. Council management have again reviewed all areas during this quarter seeking to identify possible budget savings as part of our Fit For The Future analysis. Expenditures are under constant review in each area of Council operations.

The minor budget improvement at the completion of the second quarter indicates that our annual comparison against budget should provide a result in keeping with the original budget for FY 2015/16.

Comments for Specific Services

Note	Service	Comment
1	Waste	A self-funded service.
2	Ranger Services	Minor change primarily reflecting an increase in abandoned vehicles
3	Economic Development and Tourism	Nil.
4	Commercial Operations	Nil
6	Property Development	Nil
7	Community Development	Minor adjustment to reflect the cost of Manager vehicle
8	Home Living Support Services	This service is totally dependent on Grant income which is supplemented by small user contributions. There are no adjustments required.
9	Library	Nil.
10	Emergency Services	Nil.
11	Public Health	Minor change to reflect the cost of additional illegal dumping signage
12	Swimming Pools	Nil.
13	Parks, Gardens and Recreation	Nil.
14	Land Use Planning	Nil
15	Development Services	Nil.
16	Planning & Enviro-Mgmt & Admin	Minor increase in consultants as required
17	Engineering Services	Additional grant funding – Safety on Country Roads ($105k)
18	Property Management	Adjustment to allow for internal rental income at Council’s depot facility
19	Cemeteries	Nil.
20	Stormwater	Minor adjustment required for additional drainage maintenance and repair
21	Depot Operations	This area has been closed to provide more detail. Depot (located in Property Management) together with Workshop Operations, Store Operations and Plant/Fleet Operations (see below)
22	Workshop Operations	Adjustments reflect internal income/expenditure. Nett change across Depot, Workshop, Store and Plant/Fleet Operations is zero.
23	Store Operations	Adjustments reflect internal income/expenditure. Nett change across Depot, Workshop, Store and Plant/Fleet is zero.
24	Plant/Fleet Operations	Adjustments reflect internal income/expenditure. Nett change across Depot, Workshop, Store and Plant/Fleet is zero.
25	Local Roads and Transport	RMS Grant received for line marking ($20k). Road alignment funds returned after finalisation, transferred to reserves ($53k). Additional structural assessments of timber bridges ($33k) funded from reserves Replacement of Dick’s Creek Rd bridge ($225k) funded from s94. Various minor adjustments within the maintenance and repairs budgets.
26	Regional Roads	Nil
27	State Roads	Matching increase in income and expenditure to reflect a new state roads project on MR56 Lachlan Valley Way (Silverdale Project)
28	Engineering Mgmt & Admin	Nil
29	Water Services	Self-funded service.
30	Sewerage Services	Self-funded service. Adjustments within the fund primarily reflect Council Resolution 234 for the funding and construction of a sewage pumping station and reticulation works for the North Yass industrial area.
31	Elected Members	Nil.
32	General Management-Mgmt & Admin	Original budget was for the new Audit Committee. Funds required for Administration Expenses in this area. Adjustment required for additional Legal Expenses.
33	Finance & Corporate Services-Mgmt & Admin	Adjustment to Conferences and Seminars for ‘Social Media for Governments Workshops’.
34	Corporate Administration	Nil
35	Media and Communication	Nil.
36	Financial Management	Minor Rates Write Off adjustment. Conservation agreements exist on 2 rates assessments and Council is required to write off a fixed % of the rates in this circumstance (approximately $1000)
37	Information Management	Nil
38	Organisational Development	Increase in income due to larger than expected insurance reimbursement and incentive payment
39	Oncosts	Increase in income due to larger than expected workers compensation reimbursement
40	Depreciation	Nil

RESTRICTED CASH AND INVESTMENTS

The Table below reflects the current forecasts to 30 June 2016. However it may vary significantly when end of year accruals and adjustments become more accurately known.

KEY PERFORMANCE INDICATORS AND ACHIEVEMENTS

Key performance indicators and achievements are reported elsewhere in the business paper

Operational Plan 2015/16 Progress Report as at 31 December 2015 is reported elsewhere in this business paper

Annual Fees (invoiced quarterly) Service 2016-2017	Yass Valley Council
Library Management System (proportional rate based on population)	$11,965
Web Branch (proportional rate based on population)	$3,549
Management Fee (Costs split 50/50)	$5,382
NetLoan PCs	$9,600
IT Support/MPLS Lines (includes PC & printers & lines at cost) (includes Mobile for YVC)	$28,644
TOTAL ANNUAL FEES	$59,140
Previous Year	$56,969

Sign Type	Number	Size	Location	Assessment Criteria	Comments
On private property
Tourism Entry Sign	One per main road entry into Yass Valley Local Government Area	Max 40m² < 8m high	Within 250m of a main road: · RMS concurrence required (assumed concurrence after 21 days) · Must be advertised (s79A EP&A Act 1979) Greater than 250m from main road: · Consult with RMS · Must be advertised (s79A EP&A Act 1979) Not to protrude above the dominant skyline (including any buildings, structures or tree canopies) when viewed from ground level within a visual catchment of 1km	An analysis of the: · Existing character of the area or locality, including built forms and landscapes · Key positive features of the existing character of the area or locality · Desired future character of the area or locality · Role of outdoor advertising · Matters included in Appendix 1 Any Department of Planning Guidelines	Departure side of the sign may be of a general promotional nature Name or logo of sign owner/lease <0.25m²
Tourism Directional Sign	One per main road in vicinity of intersection to business. Multiple business to be incorporated into single sign	< 5m²	Within 250m of road reserve	Refer Appendix 1 Any Department of Planning Guidelines	Business must be located in Yass Valley At the cost of the business
Within road reserve
Tourism Sign	Refer Roads & Maritime Services Tourist Signposting Feb 2012	Refer Roads & Maritime Services Tourist Signposting Feb 2012	Refer Roads & Maritime Services Tourist Signposting Feb 2012	Roads & Maritime Services Tourist Signposting Feb 2012	White lettering on brown background At the cost of the business
Fingerboard Local Directional Sign	Max 5 fingerboard signs (including street name)	Depth 150mm Length Max 12 spacings	Located as part of a street signpost	Must comply with Australian Standard AS 1742.5	White lettering on blue background At the cost of the business

S&P Rating (or equivalent)	Exposure	Maximum % Invested per Policy
A1+/AAA	Nil	100%
A1/AA	55.66%	90%
A2/A	24.53%	70%
A3/BBB	Nil	10% in total
CCC	3.99%	Note 1
N/A	15.82%	Note 2

Institution	S&P Rating (or equiv)	Exposure	Max Exposure per Policy
NAB	A1/AA	21.13%	40%
IMB	A2	24.53%	25%
CBA	A1/AA	14.81%	40%
ANZ	A1/AA	9.77%	40%
Westpac	A1/AA	13.94%	40%
TCorp	N/A	15.82%	Note 2 above

	Rates and Charges Levied (includes interest)	Paid 1 July to 30 December	Balance Outstanding	% Paid 1 July to 30 Dec
Arrears to 30/6/2012	$728,029.00	$422,370.37	$305,658.63	58.02
Arrears to 30/6/2013	$840,887.38	$511,224.06	$329,663.32	60.80
Arrears to 30/6/2014	$893,622.64	$596,902.48	$296,720.16	66.80

Arrears to 30/6/2015	$617,120.63	$316,176.82	$300,943.81	51.23
Current Years Rates and Charges billed since 1/7/15	$13,009,262.56	$7,250,818.92	$5,758,443.64	55.74
TOTALS	13,626,383.19	$7,566,995.74	$6,059,387.45	55.53

Social	Acquisition of public artwork provides support for arts and culture in Yass Valley, can enhance the built environment/landscape and contribute to the social wellbeing of the community.
Economic	The arts are a growing contributor to the economy of Yass Valley
Environment	Public art adds visual interest to the landscape/streetscape
Governance	Prior to purchase an acquisition and decommissioning agreement with the artist is required

Social	Supporting at risk youth to disengage from risk taking behaviour is beneficial for the community
Economic	Nil
Environment	Nil
Governance	Council’s Donations Policy CD-POL-19 (refer Attachment A)

Social	A heated indoor swimming pool provides significant community well-being
Economic	Provision of a pool would have a $900,000 annual impact on the Councils budget
Environment	N/A
Governance	N/A

Social	Replacement of a deteriorating bridge will have a positive impact on the social fabric of areas relying on modern transport infrastructure
Economic	Financial viability of businesses will be supported by improved access for heavy vehicle freight etc.
Environment	Ability to respond to environmental threats will be improved, leading to potentially lowering damage to property.
Governance	The replacement of a deteriorating timber bridge with a concrete bridge will require minimal maintenance and monitoring, which in turn will reduce budget reallocations.

Social	Protection and remediation of polluted sites, and in turn the natural renewal of nearby waterways allows for a natural environment for the enjoyment of current and future generations.
Economic	The mentioned activities will allow Council to avoid any fines or potentially further remediation in the future.
Environment	Monitoring of groundwater will allow council to ascertain residual impact to soil and groundwater, with the EMP to illustrate and mitigate potential risks to future site users and the environment.
Governance	Undertaking these works will allow Council to comply with NSW EPA directions and have the remediation process brought to a close.

Social	Not applicable
Economic	Not applicable
Environment	Not applicable
Governance	In accordance with respective legislation.

Year	No of Assessments	Amount
2004/2005	1	$201.52
2005/2006	1	$309.09
2006/2007	1	$342.02
2007/2008	1	$437.26
2008/2009	5	$2,791.12
2009/2010	5	$3,497.44
2010/2011	6	$3,924.75
2011/2012	10	$10,255.95
2012/2013	15	$22,445.84
2013/2014	38	$42,469.57
2014/2015	302	$214,269.25
	TOTAL	$300,943.81

SYNOPSIS

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Recommendation

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OPERATIONAL PLAN AND BUDGET IMPLICATIONS

COMMUNICATION PLAN

SUSTAINABILITY IMPLICATIONS

RECOMMENDATION

REPORT

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COMMUNICATION PLAN

SUSTAINABILITY IMPLICATIONS

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SUSTAINABILITY IMPLICATIONS

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REPORT