Agenda of Ordinary Council Meeting

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Minutes of the

Ordinary Meeting of Council

Wednesday 28 February 2018

4.00pm

Council Chambers
209 Comur Street, Yass

Table of Contents

1. Prayer. 2

2. Apologies. 2

3. Declaration of Interest/Disclosures. 2

4. Confirmation of Minutes. 3

5. Mayoral Minute. 3

5.1 Mayoral Minute - General Manager's Annual Performance Review and Contract Renewal Offer. 3

6. Director of Planning Reports. 3

6.1 2017/18 Floodplain Management Program Funding. 3

6.2 Bango Wind Farm - Community Enhancement Scheme. 4

6.3 Development Application No 5.2017.251.1 - Erosion Gully Restoration, 332 Kaveneys Road, Jeir. 4

6.4 Development Application 5.2017.316.1 - Rural Subdivision, 66 Buranda Lane, Gundaroo. 4

6.5 Caravan Parks Strategy. 5

6.6 Tourism Accommodation In Yass Valley. 5

6.7 Major Event Marketing Program.. 5

7. Director of Engineering Reports. 6

7.1 Yass Valley Council Drinking Water Management System.. 6

7.2 Walker Park Strategic Plan. 6

7.3 Indoor Sports Stadium and Drill Hall at Yass Showground. 7

7.4 Sutton Road Rehabilitation. 8

7.5 Lease of Office Space at Yass Memorial Hall 9

8. Director of Finance & Corporate Reports. 9

8.1 Investment and Borrowings Report. 9

8.2 Draft 2018/2019 Operational Plan. 9

8.3 Q2 Quarterly Budget Review Statement 2017/18. 10

8.4 6 Monthly Reporting on the 2017/18 - 2020/21 Delivery Program and 2017/2018 Operational Plan 10

8.5 Southern Tablelands Arts Memorandum of Understanding. 11

8.6 Rate Arrears. 11

9. General Manager Reports. 12

9.1 Establishment of a Joint Organisation. 12

9.2 April 2018 Council Meeting. 12

10. Notice of Motion. 13

11. Questions with Notice. 13

11.1 Questions on Notice - Cr J Jones. 13

12. Minutes and Recommendations of Council Committees. 13

12.1 Minutes of the Aboriginal Consultative Committe held on 15 November 2017. 13

12.2 Minutes of the Local Emergency Management Committee and Rescue Committee meetings held on 6 November 2017. 14

12.3 Minutes of the Economic Development Committe held on 13 February 2018. 14

12.4 Minutes of the Traffic Facilities Management Committee held on 7 February 2018. 14

13. Confidential Matters. 15

13.1 Sutton Road Rehabilitation. 15

Open Forum

Presentations to Council – Items on the Meeting Agenda

· Item 6.7 – Major Event Marketing Program

Duncan Waugh

· Item 7.3 – Indoor Sports Stadium and Drill Hall at Yass Showground

Tracey Bills & Glenn Matthews – Yass High School

Brian Giles-Brown – Berinba Public School

Michelle Vitler – Yass Gymnastics

Council Meeting - The Mayor declared the meeting open at 4.27 pm.

Present

Councillors Rowena Abbey, Mayor, in the chair, Cecil Burgess, Geoff Frost, Nathan Furry, Allison Harker, Jasmin Jones, Michael McManus, Mike Reid and Kim Turner.

Also present were the Acting General Manager –Chris Berry, Director of Engineering – Robert Fish, Director of Finance & Corporate – Sharon Hutch and Corporate Planning & Executive Support Officer – Shirree Garland.

1. Prayer

2. Apologies

Nil

3. Declaration of Interest/Disclosures

Councillor Harker declared a non-significant, non-pecuniary conflict of interest in the Major Event Marketing Program report and stated that she believed her interest would not preclude her from voting.

Reason: Councillor Harker declared an interest as one of the organisers of Sculptures in the Park is a friend.

Councillor Harker declared a non-significant, non-pecuniary conflict of interest in the Indoor Stadium and Drill Hall at Yass Showground report and stated that she believed her interest would preclude her from voting.

Reason: Councillor Harker declared an interest as her daughters attend Yass Gymnastics.

Councillor Turner declared a significant, pecuniary conflict of interest in the Tourism Accommodation report and stated that he believed his interest would preclude him from voting.

Reason: Councillor Turner declared an interest as he is a co-owner of an Air BnB at Silverdale.

Councillor Jones declared a non-significant, non-pecuniary conflict of interest in the Indoor Stadium and Drill Hall at Yass Showground report and stated that she did not believe her interest would preclude her from voting.

Reason: Councillor Jones declared an interest as her children attend the schools (Yass High School and Berinba) from which the speakers represented.

4. Confirmation of Minutes

RESOLVED that the minutes of the Ordinary Council Meeting held on 20 December 2017 covered by page numbers 5-21 inclusive and resolution numbers 336-372 inclusive, copies of which had been circulated to all Councillors, be taken as read and confirmed with the correction that Cr Frost moved the Foreshadowed Motion at Item 7.3 not Cr Furry.

(Turner/Reid) 1

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

5. Mayoral Minute

5.1 Mayoral Minute - General Manager's Annual Performance Review and Contract Renewal Offer

SUMMARY

Presenting the resolution from the 25 October 2017 Council meeting for information.

RESOLVED that the Mayoral Minute – General Manager’s Annual Performance Review and Contract Renewal Offer resolution of 25 October 2017 be noted.

(Frost/Jones) 2

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

6. Director of Planning Reports

6.1 2017/18 Floodplain Management Program Funding

SUMMARY

To inform of successful funding applications under the Floodplain Management Program to undertake a flood study for Murrumbateman, Bowning, Bookham and Binalong, and designs to improve flooding issues in Gundaroo and Sutton. A one third Council contribution toward the cost of the study and designs is required. It is recommended the funding offers be accepted with Council’s contribution to be allocated as part of the 2018/19 Operational Plan budgeting process.

RESOLVED that :

1. The two third funding offers from the Office of Environment & Heritage under the 2017/18 Floodplain Management Program be accepted for the following projects:

 Murrumbateman, Bowning, Bookham and Binalong Flood Study

 Sutton Basin Scheme Investigation and Design

 Gundaroo Basins Scheme Investigation and Design

2. The one third Council contributions toward the projects be allocated as part of the 2018/19 Operational Plan budgeting process.

(Frost/Reid) 3

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

6.2 Bango Wind Farm - Community Enhancement Scheme

SUMMARY

Recommending that the draft Voluntary Planning Agreement for the Bango Wind Farm community enhancement scheme be placed on public exhibition.

RESOLVED that the draft Voluntary Planning Agreement for the community enhancement scheme associated with the Bango Wind Farm be placed on exhibition in accordance with the Environmental Planning & Assessment Act 1979.

(Frost/Reid) 4

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

6.3 Development Application No 5.2017.251.1 - Erosion Gully Restoration, 332 Kaveneys Road, Jeir

SUMMARY

Presenting the assessment of Development Application No. 5.2017.251.1 for the restoration of a significant erosion gully, including the importation of up to 60,000m³ of material, at 332 Kaveneys Road, Jeir. The proposal is referred to Council as the application has attracted three submissions.

RESOLVED that conditional Development Consent be issued for Development Application No. 5.2017.251.1 for erosion gully restoration, including the importation of 60,000m³ of VENM/ENM at 332 Kaveneys Road, Jeir.

(Jones/Reid) 5

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

6.4 Development Application 5.2017.316.1 - Rural Subdivision, 66 Buranda Lane, Gundaroo

SUMMARY

Presenting the assessment of Development Application No. 5.2017.316.1 for a subdivision of 66 Buranda Lane, Gundaroo. The proposal involves a variation to the average lot size. The application did not attract any submissions.

RESOLVED that conditional Development Consent be issued for Development Application 5.2017.316.1 for a subdivision of 66 Buranda Lane, Gundaroo.

(Burgess/Harker) 6

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

6.5 Caravan Parks Strategy

SUMMARY

Providing an update on the Caravan Parks Strategy to manage the Approvals to Operate and compliance of caravan parks in Yass Valley. A risk assessment approach has been undertaken and this report provides an update on the status for each of the caravan parks.

RESOLVED that the status report on the Approvals to Operate and risk assessments for caravan parks in Yass Valley be noted.

(Furry/Turner) 7

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

At 04:47 PM Councillor Turner left the Chambers.

6.6 Tourism Accommodation In Yass Valley

SUMMARY

Presenting a report on tourism accommodation and bed & breakfast accommodation in Yass Valley and to outline a risk approach to compliance.

RESOLVED that the risk approach to tourism accommodation and bed and breakfast accommodation compliance focusing on food preparation and handling be endorsed.

(Furry/Reid) 8

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus and M Reid

AGAINST: Nil

At 04:50 PM Councillor Turner returned to the Chambers.

6.7 Major Event Marketing Program

SUMMARY

There remains a surplus of $13,000 in the Major Event Marketing Program. Two local event organisers; Sculpture in the Paddock and the local committee of the former Turning Wave Festival have submitted a request for funding under this program in line with the previous submission by the Yass Antique Motor Club.

In July 2017 Council approved a $5,000 grant to the Yass Antique Motor Club for the event Classic Yass under the Major Event Marketing Program. The grant was declined by the Club. Subsequently an unsolicited request for sponsorship to the value of $2,000 from the Yass Antique Motor Club with no conditions was requested and approved at the October 2017 Council meeting.

It is recommended that a contribution be made to each event.

RESOLVED that :

1. Council grant funding of $2,000 to Sculpture in the Paddock and ask Turning Wave to submit a proposal with detail for the March meeting to be eligible to receive $2,000.

2. No further funding be allocated this financial year.

3. The Yass Valley Council Economic & Tourism Committee review VS-POL-1 Major Event Marketing Program Policy for Council to consider prior to June 2018.

(McManus/Furry) 9

FOR: Councillors R Abbey, C Burgess, N Furry, A Harker and M McManus

AGAINST: Councillors G Frost, J Jones, M Reid and K Turner

FORESHADOWED MOTION

That the requests for event marketing funding for Sculpture in the Paddock and the local committee of Turning Wave Festival be deferred pending a review of the Major Event Marketing Program Policy.

(Frost)

LAPSED

7. Director of Engineering Reports

7.1 Yass Valley Council Drinking Water Management System

SUMMARY

The Drinking Water Management System (DWMS), with the support of NSW Health, has been updated. The DWMS is an important tool for Council to provide and for the Yass Valley community to access a safe and quality drinking water supply. Access to safe water is a basic need and is an important contributor to public health.

RESOLVED that the Yass Valley Council Drinking Water Management System (September 2017) be adopted

(Turner/Furry) 10

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

7.2 Walker Park Strategic Plan

SUMMARY

Outlining the results of community consultation undertaken for the draft ‘Walker Park Strategic Plan’, which includes a plan for potential improvements for the Walker Park Sporting Complex. The report provides information on submissions which were received during the exhibition period and recommends Council adopt a revised version of the ‘Walker Park Strategic Plan’.

RESOLVED that the Walker Park Strategic Plan be adopted

(Furry/Harker) 11

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

At 05:06 PM Councillor Harker left the Chambers.

7.3 Indoor Sports Stadium and Drill Hall at Yass Showground

SUMMARY

The Drill Hall located at Yass Showground suffered major damage to the roof during a wind storm in September 2017. Following this Yass Gymnastics were relocated to the Indoor Sports Stadium at Yass Showground on a temporary basis. The Yass Show Society, who own the land at the Yass Showground, has expressed an interest in having ownership and control of the Stadium. This report outlines options for Council to consider in terms of the ownership, ongoing management and usage of both the Drill Hall and Stadium.

RESOLVED that:

1. Discussions continue with the Yass Show Society with a view to transition ownership and management of the Yass Indoor Sports Stadium to the Yass Show Society, with a Memorandum of Understanding to be developed to ensure the facility continues to be available for sport and community use, and

2. Yass Gymnastics be offered the choice of:

· Exclusive use of the Drill Hall for 3 years at a rate of $1 per year under a peppercorn lease arrangement with Yass Gymnastics being responsible for building maintenance and all outgoings associated with the running of the building; or

· Exclusive use of the indoor stadium (other than when the Show Society require the building for the Yass Show) on a commercial basis for 12 months subject to providing evidence within 2 months that an option has been secured to establish an indoor recreation centre at an alternate site and the lease be extended on a month by month basis to allow for completion of construction of the new indoor recreation centre.

3. Depending on the response from Yass Gymnastics the insurance funds be used to repair the roof of the Drill Hall or demolish the building.

4. In the event the Drill Hall roof is repaired planning be undertaken for the demolition of the Drill Hall within 3 years or if the building became vacant within that time.

The reasons for this decision are:

· There is a need to resolve the land and building ownership issues in the interests of Council and the Show Society.

· There is a need to accommodate a range of sporting users and by relocating Yass Gymnastics to the Drill Hall allows others to use the indoor sports stadium or provide a reasonable time for Yass Gymnastics to relocate to a new site and a clear time frame for when the indoor sports stadium can be available to other users.

· Directly offering exclusive use to Yass Gymnastics for the indoor sports stadium is consistent with Council’s practice for short term leases.

· There is a need to undertake planning for the longer term planning for various sporting groups and for the asset management of Council buildings.

· The size of the indoor Sports Stadium suits the current number of participants in gymnastics and the frequency of use.

(Jones/Reid) 12

FOR: Councillors R Abbey, C Burgess, J Jones, M McManus and M Reid

AGAINST: Councillors G Frost, N Furry and K Turner

FORESHADOWED MOTION

That:

2. Yass Gymnastics be permitted to continue to have exclusive use of the Indoor Sports Stadium until 6 July 2018 at the fee currently paid for the Drill Hall.

3. The roof of the Drill Hall be repaired under insurance.

4. Exclusive use of the Drill Hall be permitted as is for 3 years at a rate of $1 per year by Yass Gymnastics under a peppercorn lease arrangement where Yass Gymnastics is responsible for building maintenance and all outgoings associated with the running of the building.

5. Planning be undertaken for the demolition of the Drill Hall in 3 years or if the building became vacant within that time.

(Furry)

LAPSED

RESOLVED that investigations be undertaken for the inclusion of other sports as part of the heated pool complex or joint Yass High School project utilising funds generated from the commercial lease, after costs, of the indoor stadium or any other source of funding identified.

(Jones/Reid) 13

FOR: Councillors R Abbey, C Burgess, G Frost, J Jones, M Reid and K Turner

AGAINST: Councillors N Furry and M McManus

At 05:38 PM Councillor Harker returned to the Chambers.

RESOLVED that a report be brought back to the March Council meeting with short term options for Yass Basketball, including use of Yass High School’s court and/or court at O’Connor Park.

(McManus/Furry) 14

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

7.4 Sutton Road Rehabilitation

SUMMARY

Providing advice on the submission of tenders for rehabilitation works on Sutton Road.

RESOLVED that this item of the Director of Engineering Report be classified as Confidential in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, which permits the meeting to be closed to the public relating to commercial information of a confidential nature that would, if disclosed, prejudice the position of the person who supplied it.

(Turner/Furry) 15

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

7.5 Lease of Office Space at Yass Memorial Hall

SUMMARY

Providing advice on entering into a new lease for the office space at the Memorial Hall in Yass.

RESOLVED that Sureway Employment & Training Pty Ltd be provided a new lease agreement to lease the single office space located at the Yass Memorial Hall for two years at a weekly rent of $159.50 per week, inclusive of GST, and subject to annual CPI increases.

(Frost/Reid) 16

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

8. Director of Finance & Corporate Reports

At 05.45 PM Councillor Harker made her apologies and left for the remainder of the meeting.

8.1 Investment and Borrowings Report

SUMMARY

In accordance with Clause 212 Local Government (General) Regulation 2005, this report provides a summary of Council’s investments as at 31 January 2018. In accordance with Clause 212(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 the Investment Report as at 31 January 2018 be received and it be noted that the summary has been prepared in accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005.

(Frost/Turner) 17

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

8.2 Draft 2018/2019 Operational Plan

SUMMARY

Council has used the Regional Community Strategic Plan (CSP) and the 2017/18 – 2020/21 Delivery Program to prepare its 2018/2019 Operational Plan. This plan encompasses the 2^nd year of the 4 year Delivery Program which clarifies the point where Council takes ownership of the Community Strategic Plan strategies that are within its area of responsibility.

Council’s Draft Operational Plan 2018/2019 supports the Delivery Program and details the individual projects and activities that will be undertaken for 2018/19 to achieve the commitments made in the Delivery Program.

Council’s approval is sought to place the Draft Operational Plan 2018/2019 on public exhibition until Wednesday, 18 April 2018.

RESOLVED that the Draft Operational Plan 2018/2019 to be placed on public exhibition from Friday, 2 March 2018 to Wednesday 18 April, 2018.

(Furry/McManus) 18

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

8.3 Q2 Quarterly Budget Review Statement 2017/18

SUMMARY

This report represents the 2nd Quarterly Budget Review Statement (QBRS) for the period 1 October 2017 to 31 December 2017 in the financial year ending 30 June 2018.

RESOLVED that :

1. The 2^nd Quarterly Budget Review Statement recommendations contained within be adopted and income and expenditure adjustments be voted

2. Council adopt as an amendment to the 2017/18 Operational Plan that the following projects be loan funded:

WATER

 300mm Water Main Ford to Demestre Street $925k

 Pressure Pump System at Murrumbateman $175k

 Yass to Murrumbateman Water Supply Pipeline

Design and Easement $500k

SEWER

 Riverbank Park Sewer Pump Station Generator $200k

 Laidlaw Street Sewer Pump Station Upgrade $75

3. In accordance with the Local Government (General) Regulation (NSW) Clause 203 (2)(a), Council’s financial position as at 30 September 2017 is satisfactory, having regard to revised projected estimates of income and expenditure, and the original budgeted income and expenditure.

(Furry/Turner) 19

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

8.4 6 Monthly Reporting on the 2017/18 - 2020/21 Delivery Program and 2017/2018 Operational Plan

SUMMARY

In line with the Integrated Planning and Reporting Framework, Council is required to prepare 6 monthly reporting on progress against the actions and activities identified in its Delivery Program and Operational Plan. This report contains the status of actions and activities undertaken for the period 1 July 2017 to 31 December 2017. This report will be placed on Council’s website.

RESOLVED that the 6 monthly Progress Report for the 2017/18 – 2020/21 Delivery Program and 2017/18 Operational Plan be noted.

(Furry/Turner) 20

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

8.5 Southern Tablelands Arts Memorandum of Understanding

SUMMARY

Southern Tablelands Arts (STARTS) have proposed that Council enter into a Memorandum of Understanding to clarify expectations, roles and accountabilities for each party; to define the scope and standard of services provided; and to define the basis for funding contributions.

RESOLVED that a Memorandum of Understanding be entered into with Southern Tablelands Arts using the draft MoU provided by STARTS with the following amendments:

 That Part 3 is modified for the term to be for a one year period from 1 July 2018 to 30 June 2019.

 That Part 8 is modified with commencement rate being $0.37 per head of population (based on census data).

(Furry/Turner) 21

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

SUMMARY

Providing an update on rate arrears to the end of the second quarter of the 2017/18 financial year.

Rate arrears totalled $624,651.42 as at 30 June 2017 and this has now been reduced to $272,545.97 as of 31 December 2017. This represents an improvement of $350,105.45 or 56%

RESOLVED that the report on rate arrears be noted.

(Frost/Furry) 22

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

9. General Manager Reports

SUMMARY

The Office of Local Government has advised that the Local Government Amendment (Regional Joint Organisation) Act 2017 commenced on 15 December 2017.

To ensure that Council is a part of a Joint Organisation (JO) network, a Council resolution that is aligned with the other Councils within our group is a critical part of the process of getting JO areas recommended to the Governor to enable proclamation.

RESOLVED that in accordance with Part 7 of Chapter 12 of the Local Government Act 1993, the Yass Valley Council resolves:

1. To inform the Minister for Local Government (Minister) of the Council’s endorsement of the Minister recommending to the Governor the establishment of a Joint Organisation (Canberra Region Joint Organisation) in accordance with this resolution.

2. To approve the inclusion of the Council’s area in the Joint Organisation’s area.

3. The Joint Organisation be established to cover the Council’s area and any one or more of the following council areas:

a) Bega Valley Shire Council

b) Eurobodalla Shire Council

c) Goulburn Mulwaree Council

d) Hilltops Council

e) Queanbeyan-Palerang Regional Council

f) Snowy Monaro Regional Council

g) Upper Lachlan Shire Council

h) Wingecarribee Shire Council

4. On the expiry of a period of 28 days from the making of this resolution, the General Manager provide the Minister:

a) With a copy of this resolution including the date on which Council made this resolution, and

b) Inform the Minister that this resolution has not been rescinded, for the purpose of the Minister issuing a certificate under s400P Local Government Act 1993.

(Turner/Furry) 23

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

9.2 April 2018 Council Meeting

SUMMARY

Suggesting a change of date for the April 2018 Council meeting due to ANZAC Day falling on a Wednesday.

RESOLVED that April 2018 Council meeting be held on Thursday 26 April 2018 .

(Furry/Frost) 24

FOR: Councillors C Burgess, G Frost, N Furry, M McManus and K Turner

AGAINST: Councillors R Abbey, J Jones and M Reid

FORESHADOWED MOTION

That the April Council meeting not be held, and that an extraordinary meeting be called if necessary.

The reasons for this decision are that due to the fact there will be 11 community meetings held during the March/April period throughout the LGA

(Jones)

LAPSED

Motion

RESOLVED that leave of absence be granted for Councillor Reid for the April 2018 Council meeting.

(McManus/Furry) 25

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

10. Notice of Motion

Nil

11. Questions with Notice

11.1 Questions on Notice - Cr J Jones

SUMMARY

Responses provided by Director Engineering to questions on notice from Cr Jones.

12. Minutes and Recommendations of Council Committees

12.1 Minutes of the Aboriginal Consultative Committe held on 15 November 2017

RESOLVED that the minutes of the Aboriginal Advisory Committee held on 15 November 2017 be noted.

(Turner/McManus) 26

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

12.2 Minutes of the Local Emergency Management Committee and Rescue Committee meetings held on 6 November 2017

RESOLVED that the minutes of the Local Emergency Management Committee and Rescue Committee meetings held on 6 November 2017 be noted.

(Furry/Burgess) 27

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

12.3 Minutes of the Economic Development Committe held on 13 February 2018

RESOLVED that the minutes of the Economic Development Committee meeting held on 13 February 2018 be noted and the following recommendation be endorsed:

Item 5.5 Policies – Review and Development

That the minor amendments to the draft Land Acquisition and Disposal Policy be accepted as the first stage of the review and placed on public exhibition and if no significant objections are received be adopted

(Frost/Reid) 28

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

12.4 Minutes of the Traffic Facilities Management Committee held on 7 February 2018

RESOLVED that the minutes of the Traffic Facilities Management Committee meeting held on 7 February 2018 be noted and the following actions be adopted:

Item 9.5 - Traffic Safety Concerns adjacent to Yass Bowling Club

1. The proposed changed parking arrangements be placed on public exhibition.

2. The Deputy Chairperson of the Yass Bowling Club be advised of the above.

Item 9.11 - Traffic Safety Concerns Monteagle Street, Binalong

1. The proposed part road closure of Monteagle Street (on east side of Dickson) be placed on public exhibition.

2. The resident be advised of the above.

Item 9.12 - Request for Additional Disabled Car Parking Spaces in Comur Street, Yass

1. The installation of two additional disabled car parking spaces located on Comur Street north of the Post Office and south of Meehan Street to be placed on public exhibition.

2. The installation of a temporary disabled car park to be placed on Comur Street outside of the Computer shop/NRMA due to the temporary loss of the disabled car parks at the side of the newsagency.

(Jones/Furry) 29

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

13. 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:

13.1 Sutton Road Rehabilitation

Item 13.1 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.

(Turner/Furry) 30

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

Closed Council commenced at 6.37 pm.

13.1 Sutton Road Rehabilitation

SUMMARY

This report provides advice on the submission and assessment of tenders for rehabilitation works on Sutton Road.

RESOLVED that the tender of Civil Engineered Construction be accepted for the Sutton Road Rehabilitation Works – Segment 25 Stage 2 contract (contract number YVC.ASS.4.2016) at a total cost of $400,600 (GST inclusive), in accordance with the tender documentation and tenderer’s submission.

(McManus/Frost) 31

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

RESOLVED that the meeting resumes in Open Council

(Reid/Furry) 32

Open Council resumed at 6.38 pm.

RESOLVED that the recommendations in Closed Council be adopted.

(Furry/Turner) 33

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

The meeting closed at 6.38 pm.

…………………………………………..
Mayor

Ordinary Council Meeting 28 March 2018

6.1 Development Consent No. 4.1997.19.2 - Rural Subdivision - Greenwood Road, Yass River

SUMMARY

To present an assessment of the application to modify Development Consent No 4.1997.19.2 for a rural subdivision on Greenwood Road, Yass River. The application is reported to Council as it has attracted five submissions. Approval is recommended, with the exception of a request to dedicate a right of way to Council as a public road.

RECOMMENDATION

That the application to modify Development Consent 4.1997.19.2 be approved, with the exception of the request to transfer the Birradilli Lane right of way to Council as a public road, which is rejected.

FINANCIAL IMPLICATIONS

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

POLICY & LEGISLATION

· Environmental Planning & Assessment Act 1979

· Environmental Planning & Assessment Regulation 2000

· Roads Act 1993

· Yass Local Environmental Plan 1987

· Yass Valley Local Environmental Plan 2013

· Road Standards Policy

REPORT

1. Application Details

Date Received	-	8 March 2016
Land	-	Lot 1 DP 1028724, Greenwood Road, Yass River
Area	-	368.6ha
Zoning	-	RU1 – Primary Production

2. Site Description and Locality

The subject site is located in the Yass River area and is accessed via both Greenwood Road and a right of way known as Birradilli Lane. The site is largely covered by remnant native vegetation. The surrounding land uses include residences on the lots created in stage one of the subdivision, large agricultural holdings, a quarry, and Warrambui Retreat & Conference Centre. A Locality Plan is included in Attachment A.

3. Background and Proposal

In 1997 Development Consent No 4.1997.19.1 was granted for a seven lot rural subdivision over the subject land. Stage One consisted of three lots (now known as Lots 2-4 DP1028724) and was completed in 2001. A copy of the approved plan of subdivision is included as Attachment B.

An application to modify Development Consent No 4.1997.19.1 has been received seeking to:

· Amend the subdivision layout in Stage 2, including the location of building envelopes

· Allow property access onto Greenwood Road as part of the amended subdivision layout

· Dedicate the existing right of way (RoW) known as Birradilli Lane to Council as a public road

· Delete the condition which requires the provision of 1,000m3 dams to each lot

· Amend the lot numbers referred to in the consent to reflect the approved subdivision plan

A copy of the proposed modification plan as Attachment C.

4. Public Exhibition

The application was notified to nine adjoining and nearby landowners and five submissions received. Following receipt of additional information from the Applicant this information was forwarded to those person who previously made a submission. Two further submissions were received.

The key issues raised in the submissions relate to:

· The location of building envelopes

· Proposed dedication of Birradilli Lane as a public road

· Cost sharing for maintenance of the RoW

· Consideration of flora and fauna

· Potential future uses of the site

· Adequacy of road infrastructure and access safety

A copy of the submissions received are included as Attachment D.

5. Referrals

The application was referred to:

· Department of Planning & Environment (DPE)

· Office of Environment & Heritage (OEH)

· Rural Fire Service (RFS)

5.1 Department of Planning & Environment

The Consent was originally granted with the concurrence of the Department. The current modification application was referred to DPE who advise that no further assessment or concurrence is required by the Department.

5.2 Office of Environment & Heritage

Due to the extensive native vegetation at the site and the potential for sensitive biodiversity values advice from OEH was sought. The Office advised that the applicant would need to undertake a full flora and fauna assessment as well an Aboriginal cultural heritage due diligence assessment in order for the change in impacts to be considered between the modified and the approved subdivision.

In January 2018 the Applicant submitted a flora and fauna assessment, as well as an Aboriginal cultural heritage due diligence assessment which satisfactorily addresses these issues.

5.3 Rural Fire Service

The RFS has provided advice, including recommended conditions, in relation to bushfire hazards and risks. These can be included in any Consent that may issue.

6. 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 planning response to the issues raised in submissions is as follows:

6.1 Subdivision Layout, Building Envelopes and Biodiversity

The change to the subdivision layout involves moving the lots in stage two from behind those in Stage 1 to the north of these lots to directly front Greenwood Road. The location of the building envelopes has also been adjusted.

One of the submissions requests the wellbeing of local flora and fauna be considered. The new location for the proposed lots is generally less constrained by vegetation and topography. The revised subdivision layout and revised building envelopes represents a reduced impact on biodiversity values compared to the previously approved layout. This is supported by the findings of the flora and fauna assessment submitted.

The relocation of the Stage 2 lots is generally supported by all parties and represents an improved planning outcome. The matter of contention is primarily the location of the proposed building envelope on the residue lot. This lot is highly constrained due to the vegetation, topography, drainage lines and bushfire hazard.

After undertaking a flora and fauna assessment and a bushfire hazard assessment, an amended plan was submitted with a reduced building envelope. This was re-notified to parties who had previously made a submission. The clustering of building envelopes and the potential impact on privacy was again raised as a concern. The submission received by the most affected landowner included a suggestion for a further amendment which would reduce the visual intrusion of future development from the view lines of their existing dwelling. The Applicant accepted this suggestion which has now been incorporated into the revised layout.

The general sentiment from neighbouring residents is that the clustering of building envelopes on the residual lot is not an ideal situation, however there is also recognition that this is largely unavoidable due to the constraints of the site.

It is considered that the amended building envelope on the residual lot represents the most appropriate planning outcome in the circumstances.

6.2 Aboriginal Cultural Heritage

An Aboriginal cultural due diligence assessment has been submitted. This assessment had been undertaken by a suitably experienced Aboriginal community member and included an inspection of the site. No objects of significance were found in the proposed building envelope areas.

6.3 Future Commercial Use

One of the submissions raises concern about the possibility of the large residual lot being used for commercial purposes in the future (e.g. semi-industrial or adventure sport). The LEP allows for a range of potential land uses in the ‘RU1 Primary Production’ zone. Any future application which proposes a commercial use would need to be considered on its merits and will be subject to Council’s public exhibition requirements.

6.4 Dedication of Birradilli Lane RoW as Public Road

Birradilli Lane is currently a private right of way (RoW), providing access to four properties. Maintenance costs are shared between these properties, however it is understood that the current owner of the land subject to the subdivision has not previously made contribution.

As part of the modification the Applicant seeks to dedicate the RoW to Council as a public road.

If Council was to accept Birradilli Lane as a public road then the maintenance responsibility would either be:

 A Council maintained road or

 An unmaintained Council road (in which the benefiting landowners would maintain)

The affected residents support the prospect of maintenance costs and responsibility being borne by Council, but oppose the dedication if it is to become an unmaintained Council road. If Council was to accept transfer of the RoW, all benefited residents would need to be in agreeance and sign a release of the RoW.

It is acknowledged that the RoW is currently in a good condition due to the maintenance works undertaken by the residents. However, it is considered that the dedication as public road does not represent a benefit to the wider community and would result in additional costs to Council through ongoing maintenance responsibility.

The RoW was originally the initiative of the subdivider and the maintenance upkeep has been functioning satisfactorily through a cost share mechanism between the benefiting landowners. The claim that the current owner of the subject land has not previously contributed is a civil matter between the landowners and is not a matter for Council to become involved in.

There is no public benefit for Birradilli Lane to be dedicated as a public road which would likely to become an unmaintained public road. The retention of Birradilli Lane as a RoW with its cost sharing arrangement between the benefiting landowners is a preferred arrangement.

6.5 Vehicular Access and Traffic Generation

The vehicular access is now proposed to be directly off Greenwood Road. The access would need to be located to comply with site distance requirements and it is likely that some minor vegetation removal will be required from the road reserve for construction. Plans and details of access will need to be submitted for approval prior to a Construction Certificate should an approval be issued.

A submission also highlights concerns about the adequacy of Greenwood Road for additional traffic, particularly the single lane bridge over Murrumbateman Creek. Greenwood Road was previously assessed as suitable to handle the additional traffic generation and no road infrastructure upgrades were required. The proposed modification does not alter this situation.

6.6 Dam Requirement

The deletion of the requirement to construct dams is considered acceptable. Water supply requirements for the intended use and bushfire management can be considered when Development Applications are lodged.

6.7 Subdivision Lot Numbers

The numbering on previous plans of subdivision and the Development Consent had been inconsistent and does not correspond with the Consent. It is proposed that this is addressed through the modification per the numbers on the final plan.

6.8 Restriction to Further Subdivision of Lot 7

The Development Consent was originally granted for lots which were smaller than the minimum lot size in the 1987 LEP and received the concurrent of DPE. This concurrence was on the basis of ensuring no further subdivision of the residue lot could occur. A title restriction was required to prohibiting further subdivision of the residual lot and this should remain.

7. Conclusion

From the assessment of the proposal and consideration of the issues raised in the submissions, it is recommended that the application to modify Development Consent No 4.199.19.2 be supported, with the exception of the request to transfer the Birradilli Lane right of way to Council as a public road, which is rejected. Draft conditions are included as Attachment E.

Strategic Direction

Key Pillar 1. Our Environment

CSP Strategy EN1 - Protect and enhance the existing natural environment, including flora and fauna native to the region

Delivery Program Action EN1.1 - Protect our natural assets in line with community values

Operational Plan Activity EN1.1.1 – Ensure assessment of development applications protects our natural environment

Attachments: a. Locality & Notification Plan ⇩

b. Approved Plans of Subdivision ⇩

c. Amended Plan of Subdivision ⇩

d. Submissions ⇩

e. Draft Conditions

⇩

6.1 Development Consent No. 4.1997.19.2 - Rural Subdivision - Greenwood Road, Yass River

Attachment e Draft Conditions

Draft Conditions – DA 5.2017.317.1 – 19 Colls Close, Yass

PART A - GENERAL CONDITIONS

(1) Consent is granted generally in accordance with the plan and details submitted to Council with the Development Application. The plan has been stamped and attached to this consent. The development shall be carried out in accordance with the stamped plan 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) All adjustments to existing utility services whether caused directly or indirectly by this proposed subdivision are to be undertaken at the developer’s expense.

PART B - PRIOR TO WORKS COMMENCING

(1) Any contractor undertaking works in an existing Council road reserve shall also submit the following details:

(a) A current public liability certificate with a minimum cover of $20 million

(b) Current plant / vehicle insurances

(2) Subdivision work shall not be commenced until the person having the benefit of this development consent provides at least two days’ notice to Council of their intention to commence subdivision work.

(3) A sign shall be displayed in a prominent position on any site on which building work, subdivision work and/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

· 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 and/or demolition work is being carried out and removed upon completion.

(4) 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.

The public safety provisions must be in place prior to the commencement of any works and must be maintained throughout construction.

PART C - PRIOR TO ISSUE OF SUBDIVISION CERTIFICATE

(1) Final Occupancy Certificates for both dwelling houses approved in Development Consent 5.2015.246.1 must be obtained and submitted to Council prior to the release of a the Subdivision Certificate.

(2) Written confirmation from Essential Energy shall be submitted to Council, prior to the issue of the Subdivision Certificate, stating that suitable arrangements for the supply of electricity have been made to each lot within the subdivision.

(3) Written confirmation from a Telecommunication Service provider shall be submitted to Council, prior to the release of the final linen plan of subdivision, stating that suitable arrangements for the provision of a telephone service have been made to each allotment within the subdivision.

(4) Easements shall be created on the final plan of subdivision centred on any existing or new power lines/cables passing through private property and shall be in accordance with the service provider’s requirements.

(5) Easements shall be created, on the final linen plan of subdivision, centred on any existing or new sewer mains passing through private property.

Easements shall be three metres wide however consideration will be given to a narrower easement in circumstances where it can be justified and approved by Council’s Engineering Department.

(6) The applicant shall confirm by survey that the formation and associated batters and drainage structures of Colls Close and Morton Avenue along the frontage of the subject property are within the road reserve.

Where the existing road is within the subject land, the applicant shall ensure that the legal and physical attributes coincide by adjustment of the road reserve. The applicants request for a Subdivision Certificate shall include specific reference to the review and whether or not adjustment of the road reserve is necessary.

(7) An application for a Subdivision Certificate, which complies with the provisions of the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000 shall be submitted to Council. This will require the Subdivision Certificate Application Form (Form 206) to be filled out and submitted to Council.

The application must be accompanied by the following:

(a) A plan of subdivision (linen plan) acceptable for registration by the NSW Land and Property Information Office.

(b) An Administration Sheet which incorporates a subdivision certificate acceptable for registration by the NSW Land and Property Information Office.

(c) Where easements, rights of carriageway or restrictions on the use of land are proposed or required to be created under Section 88 of the Conveyancing Act 1919, a copy of the relevant instrument.

(d) The relevant documents required by the NSW Land and Property Information Office for the registration of a Community scheme or a Strata scheme, if applicable.

(e) The applicant shall create, where applicable, 20 metre wide easements over the final plan of subdivision in favour of Essential Energy, centred on all existing power lines which cross the subdivision.

(f) A copy of relevant development consent or complying development certificate.

(g) A copy of any relevant construction certificate.

(h) A copy of any relevant compliance certificates, letters from authorities and receipts for payment of any fees/contributions.

(i) A copy of detailed subdivision engineering plans, where relevant.

(j) Evidence that the applicant has complied with all conditions of consent that it is required to comply with before a subdivision certificate can be issued.

(k) For subdivision involving subdivision work, evidence that the work has been completed, or:

· agreement has been reached with the relevant consent authority as to payment of the cost of work and as to the time for carrying out the work, or

· agreement has been reached with the relevant consent authority as to security to be given to the consent authority with respect to the completion of the work.

(l) The relevant fee payment at the date of application for the subdivision certificate. The current fee for a subdivision creating up to five lots is $505.

(8) The Subdivision 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.

NOTES ACCOMPANYING DEVELOPMENT CONSENT NO. 5.2017.317.1

(Please read these notes carefully to ensure you are fully conversant with the conditions under which this consent is granted.)

(1) This consent has been granted under 4.6 of the Yass Valley Local Environmental Plan 2013.

(2) This approval is for subdivision only. Further development consent is required for any proposed dwelling house or other permissible use, as prescribed in the relevant Environmental Planning Instruments of Council.

(3) 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.

(4) 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.

(5) The applicant shall ensure all sub-contractors are licensed by the NSW Department of Fair Trading.

(6) The Work Health and Safety Act 2011, the Work 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.

Ordinary Council Meeting 28 March 2018

6.2 Request to Vary Covenant - Colorbond Fence, 36 Camp Street, Murrumbateman

SUMMARY

To present a request to vary a covenant for the erection of a Colorbond fence at 36 Camp Street, Murrumbateman. The proposal is presented to Council as it involves variation to a title restriction placed on the land. Ten submissions were received. Council is not the determining or enforcement authority for the covenant and it is recommended that the Applicant seek their own legal remedy.

RECOMMENDATION

That the Applicant and submitters be advised:

1. While the proposed fencing is classified as Exempt Development under the SEPP State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, this planning instrument does not set aside the covenant relating to fencing

2. Council is not the determining authority or enforcement agency for the covenant affecting the property at 36 Camp Street, Murrumbateman

3. The process for the proposed fencing is to seek a variation to the covenant and they should seek their own legal advice in relation to varying the covenant

FINANCIAL IMPLICATIONS

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

POLICY & LEGISLATION

· Environmental Planning & Assessment Act 1979

· State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

· Yass Valley Local Environmental Plan 2013

· Yass Shire Development Control Plan (Community Consultation)

· Application Assessment & Decision Making Policy

REPORT

1. Application Details

Date Received	-	19 February 2018
Land	-	36 Camp Street, Murrumbateman
Area	-	1228 Square Metres
Zoning	-	RU5 - Village

2. Site Description and Locality

The site is located on the northern end of Camp Street in the ‘Fairley’ residential estate in Murrumbateman. The site currently contains a storage shed and has an approved dwelling house under construction.

The surrounding land is characterised by single storey residential development. Dividing fencing in the existing village of Murrumbateman is largely open style fencing or hedging. Many properties do not have front fencing. There is one property at 21 Camp Street that has used Colourbond fencing at the frontage. In the ‘Fairley’ estate fencing has been of an open rural style.

A locality plan is included as Attachment A.

3. Proposal

The submitted proposal involves a variation to the covenant for the erection of a Colorbond fence at the property. This is expected to be at least the rear and side boundaries which adjoin six neighbouring lots. The proposal could also be along the property frontage but this is not detailed in the request.

The Applicant has provided a list of names supporting this proposal along with several reasons as to why this variation should be considered acceptable i.e.

· Colorbond fencing will not deteriorate and will not require maintenance

· Colorbond products are used for rainwater tanks, roofing and garages in ‘Fairley’ Estate

· There is Colorbond fencing across the road on William Street in the older Murrumbateman area

4. Public Exhibition

Public exhibition included notice to all lots within the ‘Fairley’ estate as this proposal seeks to vary a title restriction that they all share. Ten submissions, including one from the developer were received. One supported the variation while the other four raised concerns i.e.

· The proposed change will remove the rural village character of the area by allowing Colorbond fencing to be permitted. This would result in urban feel that the developer was trying to avoid

· 20 existing lots have already constructed timber fences in accordance with the title restriction

· Some lots could potentially end up with several types of fencing adjoining them as the estate is built out

· While not a major planning concern, conformity could reduce neighbourly disputes over type and colour of fencing to be used

· All purchasers were fully aware of all the title restrictions before they purchased the land

5. Assessment

An assessment of the proposal has been completed in accordance with the planning legislation. This application seeks variation to a title restriction on the land in relation to fencing requirements.

The restriction was initially placed on the land so that the subdivision would blend into the existing village character of the area in which fencing is largely open style or landscaping and to assist in establishing the character of the new residential area.

While the application has been made in regards to 36 Camp Street Murrumbateman the decision will set a precedent for similar applications in the balance of the estate.

Under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 fencing is exempt from planning approval provide:

· It is not higher than 1.8m above existing ground level, and

· It is not of masonry construction to a height that is more than 1.2m above existing ground level, and

· It does not have an outward opening entrance gate, and

· It is constructed of non-combustible materials or hardwood if in a bush fire prone area, and

· It is of low reflective, factory pre-coloured materials if constructed of metal components

· It is not an electrical fence or use barbed wire.

It should be noted that in the nearby rural, environmental protection and large lot residential zones fencing that is Exempt Development must be constructed as post and rail or post and wire. Unfortunately this does not apply to the Village zone of the subject site.

While the submitted proposal meets the requirements for Exempt Development in a Village zone there is the issue of the title restriction to consider.

Under the Yass Valley Local Environmental Plan title restrictions, can be set aside if they conflict with the achievement of planning objectives. Usually this is considered as part of an application for development at the site.

Unlike the Yass Valley Local Environmental Plan, the State Environmental Planning Policy does not include a provision for the setting aside of a covenant put in place by a developer. This means that while the proposed fencing is classified as Exempt Development the landowner is still required to satisfy the provisions of the covenant or seek a variation.

Council is not the determining authority or enforcement agency in relation to the covenant. Essentially this is a matter between the landowner and all the stakeholders affected by the covenant.

The process for varying a covenant in this instance is not through a Development Application but via an application to the Supreme Court. The agreement of all the stakeholders affected by the covenant may increase the likelihood of a variation being successful but ultimately it is a matter for the Court.

6. Conclusion

From the assessment of the request, it is recommended that the Applicant be advised to seek legal advice in relation to the process for varying the covenant for the fencing.

Strategic Direction

Key Pillar 1. Our Environment

CSP Strategy EN4 - Maintain a balance between growth, development and environmental protection through sensible planning

Delivery Program Action EN4.2 - Ensure development application assessment is thorough and efficient

Operational Plan Activity EN4.2.1 - Implement development process improvements to deliver quality and efficiency gains

ATTACHMENTS: a. Locality Plan ⇩

b. Submissions ⇩

Ordinary Council Meeting 28 March 2018

6.3 Development Application No. 5.2017.244.1 - Rural Subdivsion - Kiaora Lane, Sutton

SUMMARY

To present the assessment of Development Application No. 5.2017.244.1 for the three lot rural subdivision of 76 Kiaora Lane, Sutton. The proposal is referred to Council as it involves contention over the provision of legal and physical access. The issue of a deferred commencement Development Consent is recommended.

RECOMMENDATION

That:

1. A Deferred Commencement Development Consent be issued for Development Application No. 5.2017.244.1 at 76 Kiaora Lane, Sutton

2. The commencement of the Development Consent be deferred until such time as the Applicant demonstrates how corresponding legal and physical access will be achieved

3. The following options be considered acceptable to achieve corresponding legal and physical access:

(a) The creation of a road reserve over the existing track through Lot 7001 DP 96227 (the Crown reserve), or

(b) The construction and dedication of a new public road between the Crown Road and Tallagandra Lane across land known as Lot 126 DP 754908 or Lot 202 DP 754908

FINANCIAL IMPLICATIONS

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

POLICY & LEGISLATION

· Environmental Planning & Assessment Act 1979

· Environmental Planning &d Assessment Regulation 2000

· Roads Act 1993

· Yass Valley Local Environmental Plan 2013 (LEP)

· Road Standards Policy

REPORT

1. Application Details

Date Received	-	19 September 2017
Land	-	Lot 6 DP 1094491, 76 Kiaora Lane, Sutton
Area	-	142.8ha
Zoning	-	RU1 – Primary Production

2. Site Description and Locality

The subject land is located on Kiaora Lane, off Tallagandra Lane, Sutton. The site contains an existing dwelling house and associated outbuildings. The land has been historically grazed, however there is a stand of woodland vegetation on the northern part of the site.

The surrounding land uses are characterised as with primary production land, although many properties contain dwelling houses also. An animal boarding establishment is located to the west and the site of the proposed solar farm is to the south.

A locality plan is included in Attachment A.

3. Proposal

The application involves a three lot rural subdivision using the average lot size provisions of the LEP. A proposed plan of subdivision is included as Attachment B.

The access for the dwelling on proposed Lot 1 is to be via the existing arrangements directly onto Kiaora Lane, whilst access for proposed Lots 2 and 3 is to be via a formed Crown Road, commonly referred to as Tintinhull Road.

4. Public Exhibition

The application was notified to landowners surrounding the subject site and three submissions have been received (refer Attachment C). The primary concerns relate to the access arrangements.

5. 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 with the exception of legal and physical access not being demonstrated. The planning response to the issues raised in the assessment and submissions is as follows:

5.1 Access

The Yass Valley LEP 2013 stipulates a Development Consent must not be granted unless access is or can be made available to service a development. Council’s Road Standards Policy clarifies that the physical access must be within the boundaries of a defined legal access.

Access for proposed Lot 1 is to be accessed via the existing arrangements directly to Kiaora Lane which is suitable.

Access for proposed Lots 2 and 3 are proposed to have access to the Council road network via a formed Crown Road, commonly referred to as Tintinhull Road. This presents an issue as the Crown Road terminates above a Crown Reserve, known as Lot 7001 DP96227 (refer Attachment D). Contact has been made with the Department of Industry – Lands (Crown Lands) who have confirmed that this existing access track through the Crown Reserve does not constitute legal access for properties to the north as there is no road reserve.

This issue had been previously identified in the assessment for the subdivision of the adjoining land. Conditions imposed on Development Consent No. 5.2008.234.1 require the Applicant to obtain and submit written confirmation from Crown Lands approving the creation of road reserve through the Crown Reserve. This subdivision has not yet commenced and the road reserve through the Crown Reserve has not yet been created.

The creation of additional lots which access through the Crown Reserve has been met with considerable opposition from the current lease holder of the Crown Reserve. This situation has also resulted in angst from the owners of the property known a ‘Tintinhull’ who currently rely on access through the Crown Reserve as their only means of practical access.

The situation has been discussed with the Applicant who was advised that their proposal had not demonstrated how the necessary corresponding legal and physical access was available.

A number of options were considered by the Applicant. Browns Lane and Kiaora Lane were not realistic options due to the site constraints (e.g. length of road requiring upgrade, watercourses, vegetation removal). This is generally accepted, however a subdivision redesign could have also been considered by the Applicant.

This leaves two available options i.e.

· Access through the Crown Reserve to link Tintinhull Road with Tallagandra Lane, or

· The construction of a new section of public road between Tintinhull Road and Tallagandra Lane

Option 1 – Crown Reserve

Option 1 is the same approach used for the subdivision approved in Development Consent No. 5.2008.234.1 which required the Applicant to obtain and submit approval from Crown Lands for the creation of the road reserve linking Tintinhull Road and Tallagandra Lane through the Crown Reserve.

This approach is opposed by the current lease holder of the Crown Reserve on the basis of their previous attempts to purchase the land being rejected, as well as the adverse impacts of dust, noise and rubbish dumping which are claimed to be experienced as a result of access through this area.

The owners of the ‘Tintinhull’ property support the proposed subdivision being accessed through the Crown Reserve and for the road reserve to be created, to alleviate their concerns relating to ongoing legal access. However, it is understood that the owners of ‘Tintinhull’ would accept an alternative arrangement to resolve their ongoing legal and physical access.

This option is generally considered to be acceptable given there is an existing access track through the Crown Reserve which provides practical access and is consistent with the approach taken with the subdivision in Development Consent No. 5.2008.234.1. However, there are still a number of issues with this approach:

· Crown Lands need to approve the creation of the road reserve. Whilst Crown Lands have suggested that this is a potential option, there has been no assurance on their part that this will occur.

· It is understood that the Crown Reserve is subject to an Aboriginal Lands Claim. The implications of this are not known at this time and would need to be considered and addressed by Crown Lands in their decision whether or not to grant approval for the creation of the road reserve.

· It is possible that the Applicant is not able to obtain the approval from Crown Lands and therefore is unable to move forward.

· Any approval issued by Crown Lands for the creation of the road reserve is likely to be contingent on Council accepting transfer and responsibility for Tintinhull Road in accordance with Crown Land’s policy position of not being a road construction or maintenance authority.

Under this approach, the following would generally be applicable:

· The Applicant is responsible for negotiating directly with Crown Lands in relation to the dedication of road reserve

· The Applicant is responsible for the associated survey and road reserve dedication costs. Survey and road reserve dedication costs can be deducted from the section 94 contribution payable in respect to rural roads

· The section of road through the Crown Reserve is to be constructed as new road to the standard of an ‘access road’ at full expense to the Applicant as it is necessary to achieve their legal and physical access required for the subdivision

· Tintinhull Road would need to be upgraded in accordance with Council’s Road Standards Policy 10m past the furthest property access

· The construction of a new road alignment at a later date would no longer be necessary as the issue of legal access has been addressed

Option 2 – Construction of New Road

Option 2 is for the construction of a new road alignment between Tintinhull Road and Tallagandra Lane.

The land which was subject to Development Consent No. 5.2008.234.1 is the same land which is subject to the proposed solar farm. The environmental impact assessment for the solar farm is currently being undertaken by the proponent. As part of this process there have been discussions regarding the potential to realign Tintinhull Road as part of the development (if it is approved) in order to address the ongoing issue of legal access and to provide access to the solar farm site. The proponent has been receptive to the idea and preliminary plans have been prepared (refer Attachment E). The solar farm proponent estimates the cost of the realignment would be approximately $54,000 including land, transfers, survey, design and construction.

However, as an approval for the solar farm has not, and may not, be issued. In this regard, it is unlikely that a realignment of Tintinhull Road as part of the solar farm development would coincide with the timeframes for this application.

There are two properties in which a road reserve could be created (i.e. Lot 202 – solar farm or Lot 126) to provide a connection between Talagandra Lane and Tintinhull Road. Under this approach, the following would generally be applicable:

· The Applicant negotiating and purchasing of the portion of land required to be dedicated as road reserve and undertaking the associated survey and road reserve dedication costs. The unimproved land value (not the agreed purchase price), sale transaction costs, and survey and road reserve dedication costs can be deducted from the development contribution payable in respect to rural roads.

· The construction of the new section of road is to be constructed to the standard of an ‘access road’ at full expense to the Applicant as it is necessary to achieve their legal and physical access for the subdivision.

· Tintinhull Road would need to be upgraded in accordance with Council’s Road Standards Policy 10m past the furthest property access

· The construction of this road would no longer be works in kind contribution offset for the solar farm proponent.

The issue with this approach is that it requires the willingness of the owner of either Lot 126 or Lot 202 to agree for the sale of the portion of land to be dedicated and constructed as public road. Given there is also a wider public benefit for realignment, staff can open the line of communication between these parties if desired, however the ultimate responsibility for achieving compliance with Consent conditions will rest with the Applicant.

5.2 Flooding

It was identified through the submissions received that the subject land may be inundated by flooding in significant rain events. In the absence of a flood study for the subject land, the flood modelling for the proposed solar farm was sought. While this modelling does not covered the subject land, it extended to the boundary of the subject site. A review of the flood modelling indicates a likelihood that part of proposed Lots 2 and 3 may be partially inundated by a 1% AEP (1 in 100 year) flood event.

The potential for flooding has not been addressed in the documentation supporting the application. It is considered appropriate that a condition is included on any approval that may be issued which requires a flood assessment of the site to be undertaken and building envelopes identified and for floor levels to be above the flood planning level (i.e. 500mm above the 1% AEP flood event) where necessary.

6. Conclusion

From the assessment of the proposal and consideration of the issues raised in submissions it is recommended that a Deferred Commencement Development Consent be issued subject to resolving the provision of legal and physical access to the proposed subdivision. There are two options to provide this access either via the Crown Reserve or via a new public road. Both options for access are considered to be suitable and have benefits and costs to individual landowners. However, the construction of the new road is considered to be the preferred planning outcome and the Applicant is encouraged to explore this possibility. The Development Consent would not become active until such time as the Applicant has demonstrated the option that can be achieved. Draft conditions are included as ATTACHMENT F.

Strategic Direction

Key Pillar 1. Our Environment

CSP Strategy EN1 - Protect and enhance the existing natural environment, including flora and fauna native to the region

Delivery Program Action EN1.1 - Protect our natural assets in line with community values

Operational Plan Activity EN1.1.1 – Ensure assessment of development applications protects our natural environment

ATTACHMENTS: a. Locality & Notification Plan ⇩

b. Proposed Plan of Subdivision ⇩

c. Submissions ⇩

d. Tintinhull & Crown Reserve Locality Plan ⇩

e. Solar Farm Proposed Tintinhull Road Realignment ⇩

f. Draft Conditions

⇩

6.3 Development Application No. 5.2017.244.1 - Rural Subdivsion - Kiaora Lane, Sutton

Attachment f Draft Conditions

Draft Conditions – DA 5.2017.244.1 – 76 Kiaora Lane

PART A – DEFERRED COMMENCEMENT CONDITIONS – Conditions concerning matters as to which the Council must be satisfied before the consent can operate and before the conditions in Part B-F can apply.

(1) This consent does not operate until Council is satisfied as to the matters relating to Condition (2)-(3) in Part A and no use of the site or work is to physically commence in respect of the development until such time as Council has notified the applicant in writing that these conditions have been satisfied and the date from which this consent operates;

(2) The applicant shall demonstrate to the satisfaction of Council how corresponding legal and physical access is to be provided to Lot 2 and Lot 3 as an essential service for the development.

The options which are considered acceptable to Council include:

(a) The applicant shall obtain written confirmation from the Department of Industry – Land (or the relevant authority at the time) approving the creation of a road reserve over the existing track through Lot 7001 DP 96227. A copy of this written approval shall be submitted to Council.

(b) The construction and dedication of a new public road between the Crown Road and Tallagandra across land known as Lot 126 DP 754908 or Lot 202 DP 754908.

Note: Other options may be considered on their merit.

(3) The period within which the applicant is to produce evidence to the Council sufficient enough to enable it to be satisfied as to the submission and approval of the information required by Condition 2 in Part A is five (5) years from the date of determination of the development application to which this consent relates. If the required information is not provided within this period the consent will lapse.

PART B - GENERAL CONDITIONS

(1) Consent is granted generally in accordance with the plan and details submitted to Yass Valley Council (Council) with the Development Application. The plan of subdivision has been stamped and attached to this consent. The development shall be carried out in accordance with the stamped plan 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) An Engineering Construction Certificate, as defined by the Environmental Planning and Assessment Act 1979, shall be obtained for all engineering works prior to any works commencing on site. Council’s fee for providing a Construction Certificate is levied in accordance with Council’s Management Plan relevant at the time of payment.

This will require the Development Application Form (Form 1) to be filled out and submitted to Council to facilitate the issuing of the Construction Certificate.

(4) All engineering design and construction work shall be undertaken in accordance with the following, current at the time of the Engineering Construction Certificate being issued:

· Council's Road Standards Policy RD-POL-09

· Council’s Design and Construction Specification – AUS-SPEC #1

· Australian Standards and

· AustRoads

(5) The developer at no cost to Council shall make any necessary alteration, relocation or enlargement to public utilities whether caused directly or indirectly by this proposed subdivision.

(6) Should any Aboriginal sites or objects be unearthed during works associated with the subdivision, all work must cease and the NSW Office of Environment & Heritage (OEH) is to be contacted immediately.

PART C - PRIOR TO ISSUE OF ENGINEERING CONSTRUCTION CERTIFICATE

(1) Engineering drawings for the provision of access to each lot shall be submitted to Council’s Engineering Division for approval in accordance with:

· Council’s Roads Standards Policy RD-POL-09 and

· Council’s Design and Construction Specification – AUS-SPEC #1.

(2) A new public road is to be constructed from Tallagandra Road to Tintinhull Road to “Access” standard, as per Council’s Road Standards Policy RD-POL-09.

Engineering drawings associated with the new public road shall be submitted to Council’s Engineering Division for approval in accordance with:

· Council’s Road Standards Policy RD-POL-09 (refer Section 9.2 - Table 3) and

· Council’s Design and Construction Specification – AUS-SPEC #1.

The required works are to be undertaken at no cost to Council.

Council is committed to the sustainable management of the environment which includes minimising the impact of road upgrades. Clause 9.5 of Council’s Road Standards Policy RD-POL-9 should be considered in the preparation of engineering designs. In this regard, Council may require a Review of Environmental Factors (REF) to accompany the engineering drawings for consideration and approval prior to the issue of an Engineering Construction Certificate.

(3) ‘Tintinhull’ Road is considered to be sub-standard due to :

· Width and

· lack of gravel

and is required to be upgraded to 10 metres past the furthest property access to ROW standard (2-5 properties).

Engineering drawings associated with the upgrade of ‘Tintinhull’ road shall be submitted to Council’s Engineering Division for approval in accordance with:

· Council’s Road Standards Policy RD-POL-09 (refer Section 9.2 - Table 3) and

· Council’s Design and Construction Specification – AUS-SPEC #1.

The required works are to be undertaken at no cost to Council.

(4) A list of three road names in preferential order for the existing Crown road (commonly referred to as ‘Tintinhull Road’), shall be submitted to Council for consideration. Tintinhull Road can be one of the road names.

(5) A levy under the Building and Construction Industry Long Service Payments Act 1986, equivalent to 0.35% of the value of the works, shall be paid to Council, where the value of such works is greater than $25,000.00;

PART D - PRIOR TO SUBDIVISION WORKS COMMENCING

(1) Subdivision work shall not be commenced until the person having the benefit of this Development Consent provides at least two days’ notice to Council of their intention to commence subdivision work.

(2) Any contractor undertaking works in an existing Council road reserve shall also submit the following details:

· A current public liability certificate with a minimum cover of $20 million

· Current plant / vehicle insurances

· A certified traffic control plan for the proposed works

(3) A sign must be displayed in a prominent position on the site while subdivision work is being undertaken.

The sign must list the following details:

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

· The name or 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 subdivision work is being carried out and removed upon completion.

PART E – INSPECTIONS

(1) A compliance certificate shall be obtained from Council’s Engineering Division at the following stages of construction:

(a) Completion of property access. This inspection is for access dimensions and to ensure there are no ‘trip-fall’ hazards.

(b) Completion of sub-grade pavement layer (proof roll);

(d) Completion of boundary fencing of each lot created.

(2) If Council is selected as the Principal Certifying Authority for engineering works, the fee per inspection shall be levied in accordance with Council’s Fees and Charges, relevant at the time of payment.

PART F - PRIOR TO ISSUE OF SUBDIVISION CERTIFICATE

(1) In accordance with Section 94 Environmental Planning and Assessment Act 1979 and the Yass Valley Council Section 94 Contribution Plan 2004, a monetary contribution shall be paid to Council prior to the issue of the Subdivision Certificate.

The services and facilities for which the contributions are levied and the respective amounts payable are:

Community Facilities	$ 2,754
Administration	$ 1,326
Total	$ 4,080

The contribution figure is based on two (2) additional lot with a dwelling entitlement fronting Tintinhull Road, Sutton.

The applicable contribution rate is reviewed annually and new rates, if applicable, will become payable from 1July each year in accordance with Council’s Management Plan. All contributions shall be paid at the rate determined at the most recent review.

In accordance with Section 94 Environmental Planning and Assessment Act 1979 and the Yass Rural Roads Section 94 Contribution Plan, a monetary contribution of $35,920 shall be paid to Council prior to the issue of the Subdivision Certificate. The contribution is for the upgrading of rural roads in the locality.(2)

The contribution figure is based on two (2) additional lot with a dwelling entitlement fronting Tintinhull Road, Sutton.

Prior to the release of the Subdivision Certificate the applicant shall pay to Council the cost of rural addressing for each new lot in accordance with Council’s Fees and Charges. (3)

The property vehicular accesses from the road to the property boundary shall be constructed in accordance with Council’s Roads Standards Policy RD-POL-09. (4)

The new road formation is to be constructed in accordance with Council’s Road Standards Policy RD-POL-09 or, where required, designs/drawings approved with the Engineering Construction Certificate.(5)

‘Tintinhull’ Road from the end of the new road formation is to be upgraded either Council’s Road Standards Policy RD-POL-09 or, where required, designs/drawings approved with the Engineering Construction Certificate.

Road name signs shall be installed at the entrance to the new road; (6)

Stock proof fencing shall be provided to all boundaries of the proposed lots. (7)

The minimum acceptable standard for new fencing work for rural lots is as follows:

· A fence height of no less than 1,200 mm

· Strainers – spacing 100 m to 200 m depending on terrain

· Steel Star Pickets at 4 m centres

· Two 1.57 mm high tensile barbed wires (or 2.5 mm. high tensile plain wires) on top

· Three 2.8 mm high tensile carry wires

· “Hinged Joint or Ringlock”

· Netting floodgates as required

· All gates shall be set back a minimum of 15 metres from the edge of road formation.

New fences shall be located so as to minimise the need for tree removal.

All “Hinge Joint or Ringlock” fencing must be set no higher than 50 mm above the surface of the ground.

The existing boundary fence where dilapidated, shall be repaired to the above standard. Existing fence in good order but of varying standards may be permitted if such standard is deemed by Council as ‘stock proof’.

Where the boundary fence does not coincide with the property boundary for proposed subdivision, the applicant shall provide a note on the linen plan that fence may not be constructed on the boundary of particular lot.

(8) The Applicant shall provide an inspection notice, from within the last two months, of the status of weeds on the property pursuant to the Applicant’s General Biosecurity Duty under the Biosecurity Act 2015. The applicant shall carry out such works as determined by the Local Control Authority for the satisfactory control of weeds before the plan of subdivision will be released. The Local Control Authority is to provide written documentation confirming that these works have been carried out and completed in a satisfactory manner.

The Local Control Authority is currently the Biosecurity Division of Hilltops Council. Please contact the Biosecurity Weeds Manager on (02) 6385 3189 for inspection details and applicable fees.

Where a plan of management is required by the Local Control Authority for the satisfactory control of weeds:

(a) The applicant shall submit to Council a copy of the plan of management

(b) The applicant shall submit to Council written documentation from the Local Control Authority confirming that the plan of management is satisfactory

(c) The plan of management shall be registered as a restriction to user under Section 88 of the Conveyancing Act 1919. The name of the Authority having the power to release, vary or modify this restriction shall be Yass Valley Council and will only be released at such time as an inspection notice from the Local Control Authority is submitted to Council confirming that the area is free of weeds.

Written confirmation from Essential Energy shall be submitted to Council, prior to the issue of the Subdivision Certificate, stating that suitable arrangements for the supply of electricity have been made to each lot within the subdivision.

(9) Satisfactory evidence shall be submitted to Council, prior to the issue of the Subdivision Certificate, demonstrating that suitable arrangements for the provision of a telephone service are available to each lot within the subdivision.

(10) The applicant shall confirm by survey that the formation and associated batters and drainage structures of ‘Tintinhull’ Road and Kiaora Lane along the frontage of the subject property, are within the road reserve.

Easements shall be created on the final plan of subdivision centred on any existing or new lines/cables passing through private property and shall be in accordance with the service provider’s requirements. (11)

(12) The applicant shall identify and designate building envelopes above the flood planning level on the final plan of subdivision over proposed Lots 2 & 3. A restriction to user under Section 88B of the Conveyancing Act 1919, shall be placed on all lots created prohibiting the construction of a dwelling on the lot unless it has a finished floor level of no lower than the identified flood planning level and is within the designated building envelope.

The name of the Authority having the power to release vary, or modify this restriction shall be Yass Valley Council.

The applicant shall submit evidence prepared by a suitably qualified and experienced person demonstrating how the building envelope and the flood level for the building envelopes has been identified. (13)

(14) An application for a Subdivision Certificate, which complies with the provisions of the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000 shall be submitted to Council. This will require the Subdivision Certificate Application Form (Form 206) to be filled out and submitted to Council.

The application must be accompanied by the following:

(a) A plan of subdivision (linen plan) acceptable for registration by the NSW Land and Property Information Office.

(b) An Administration Sheet which incorporates a subdivision certificate acceptable for registration by the NSW Land and Property Information Office.

(d) The relevant documents required by the NSW Land and Property Information Office for the registration of a Community scheme or a Strata scheme, if applicable.

(f) A copy of relevant development consent or complying development certificate.

(g) A copy of any relevant construction certificate.

(h) A copy of any relevant compliance certificates, letters from authorities and receipts for payment of any fees/contributions.

(i) A copy of detailed subdivision engineering plans, where relevant.

(j) Evidence that the applicant has complied with all conditions of consent that it is required to comply with before a subdivision certificate can be issued.

(k) For subdivision involving subdivision work, evidence that the work has been completed, or:

· agreement has been reached with the relevant consent authority as to payment of the cost of work and as to the time for carrying out the work, or

· agreement has been reached with the relevant consent authority as to security to be given to the consent authority with respect to the completion of the work.

(l) The relevant fee payment at the date of application for the subdivision certificate. The current fee for a subdivision creating up to five lots is $505.

(15) The subdivision 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.

ADVISORY NOTES ACCOMPANYING DEVELOPMENT CONSENT 5.2017.244.1

(1) This consent has been granted under clause 4.1B of the Yass Valley Local Environmental Plan 2013.

(3) 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.

(5) The applicant shall ensure all sub-contractors are licensed by the NSW Department of Fair Trading.

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

(7) The property access shall be constructed to the following minimum specifications from the road pavement to the property boundary:

(a) All property accesses shall be constructed to “Rural Property Access –with Indented Access” (see Appendix B) standard in accordance with Austroads Guide to Road Design – Part 4: Intersections and Crossings General, and be sealed from the edge of the road to the gate.

(b) Driveways are to be constructed with a minimum thickness of 100 mm. approved compacted gravel. Where the driveway accesses onto a sealed road pavement, then the entrance will also be provided with a two coat bitumen seal or 100mm thick concrete (25 MPA with SL72 mesh), or similar all weather pavement.

(c) Gate to be set back 15 metres from the edge of pavement on local roads and 20m from edge of pavement on Regional roads.

(d) Reinforced concrete pipes (minimum of 300 mm diameter) and headwalls are to be installed in the table drain in accordance with AS 3725. Pipe and headwall structures are to be set back a minimum of 2m from the edge of the road formation and be provided with permanent erosion protection upstream and downstream of the culvert. Pipes are to be designed for a minimum of a 1 in 5 year storm event or determined as follows:

Table 2.0. – Minimum Culvert Sizes

Catchment

Size

Less than

0.5Ha

Less than

1Ha

Less than

2Ha

Less than

3Ha

3+Ha

Pipe Size

300mm

375mm

450mm

600mm

AR&R 1 in 5

year storm event

(e) Where a pipe culvert would be unsuitable, due to topography and pipe cover requirements, a reinforced concrete dish drain may be constructed in the table drain with the approval of the Director of Engineering. Minimum requirements for the construction of a dish drain are as follows:

Ø minimum 150mm thick;

Ø 1.5m wide;

Ø dish drain to be constructed full width of the driveway, minimum 5 metres in length;

Ø 25MPa concrete with SL72 mesh; and

Ø Permanent erosion protection upstream and downstream of the dish drain

6.4 Development Application 5.2017.317.1 - Residential Subdivision, 19 Colls Close, Yass

Attachment e Draft Conditions

Draft Conditions – DA 5.2017.317.1 – 19 Colls Close, Yass

PART A - GENERAL CONDITIONS

(3) All adjustments to existing utility services whether caused directly or indirectly by this proposed subdivision are to be undertaken at the developer’s expense.

PART B - PRIOR TO WORKS COMMENCING

(1) Any contractor undertaking works in an existing Council road reserve shall also submit the following details:

(a) A current public liability certificate with a minimum cover of $20 million

(b) Current plant / vehicle insurances

(3) A sign shall be displayed in a prominent position on any site on which building work, subdivision work and/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

· 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 and/or demolition work is being carried out and removed upon completion.

(4) 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.

The public safety provisions must be in place prior to the commencement of any works and must be maintained throughout construction.

PART C - PRIOR TO ISSUE OF SUBDIVISION CERTIFICATE

(1) Final Occupancy Certificates for both dwelling houses approved in Development Consent 5.2015.246.1 must be obtained and submitted to Council prior to the release of a the Subdivision Certificate.

(5) Easements shall be created, on the final linen plan of subdivision, centred on any existing or new sewer mains passing through private property.

Easements shall be three metres wide however consideration will be given to a narrower easement in circumstances where it can be justified and approved by Council’s Engineering Department.

The application must be accompanied by the following:

(a) A plan of subdivision (linen plan) acceptable for registration by the NSW Land and Property Information Office.

(b) An Administration Sheet which incorporates a subdivision certificate acceptable for registration by the NSW Land and Property Information Office.

(d) The relevant documents required by the NSW Land and Property Information Office for the registration of a Community scheme or a Strata scheme, if applicable.

(f) A copy of relevant development consent or complying development certificate.

(g) A copy of any relevant construction certificate.

(h) A copy of any relevant compliance certificates, letters from authorities and receipts for payment of any fees/contributions.

(i) A copy of detailed subdivision engineering plans, where relevant.

(j) Evidence that the applicant has complied with all conditions of consent that it is required to comply with before a subdivision certificate can be issued.

(k) For subdivision involving subdivision work, evidence that the work has been completed, or:

· agreement has been reached with the relevant consent authority as to payment of the cost of work and as to the time for carrying out the work, or

· agreement has been reached with the relevant consent authority as to security to be given to the consent authority with respect to the completion of the work.

(l) The relevant fee payment at the date of application for the subdivision certificate. The current fee for a subdivision creating up to five lots is $505.

NOTES ACCOMPANYING DEVELOPMENT CONSENT NO. 5.2017.317.1

(Please read these notes carefully to ensure you are fully conversant with the conditions under which this consent is granted.)

(1) This consent has been granted under 4.6 of the Yass Valley Local Environmental Plan 2013.

(3) 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.

(5) The applicant shall ensure all sub-contractors are licensed by the NSW Department of Fair Trading.

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

Ordinary Council Meeting 28 March 2018

7.2 Options for Basketball within Yass

SUMMARY

Arising from the decision to offer Yass Gymnastics a 12 month lease of the Indoor Sports Stadium at the Yass Showground, the sport of basketball does not have a venue suitable for use during winter months. This report provides advice on options that may be available to provide a suitable venue.

RECOMMENDATION

That Council:

1. Apply for funding to resurface the level 2 courts at Joe O’Connor Park under the Stronger Country Communities Fund and if successful continue discussions with the Yass Basketball Association regarding potential use of the facility for a basketball competition.

2. Continue discussions with the Department of Education regarding a short term shared use arrangement of the basketball court at the Yass High School to enable a year round basketball competition to be feasible.

3. Investigate including indoor court space in long term planning concepts for a new or refurbished pool complex located at Victoria Park, and commence discussions with the Department of Education regarding a shared use model of such a facility.

Financial IMPLICATIONS

Details of costs associated with options available are outlined in the body of this report.

POlicy & Legislation

Nil.

REPORT

1. Background Information

At the February 2018 Ordinary Meeting of Council a report was considered on the ownership and usage of the Indoor Sports Stadium at the Yass Showground. Related to use of the Stadium at that meeting Council resolved to provide Yass Gymnastics with the option of entering into a 12 month lease of the Stadium, with particular conditions to be satisfied.

Discussions thus far would indicate that Yass Gymnastics will take up this option. A report for Council to endorse the lease is anticipated to be reported to the April 2018 Ordinary Meeting of Council.

Arising from this decision the sport of basketball, which has recently recommenced in Yass, does not have a suitable venue for play from approximately March through to October. Local schools must also utilise other options that are available to them. Councillors requested a further report be brought back to Council on options available within Yass for basketball.

Over summer basketball has been played at the courts at Mount Carmel School. When consulted about the need to use the Indoor Sports Stadium at the Yass Showground, the Yass Basketball Association advised of the following information:

· Recently held an introduction/registration night and had 60 kids register.

· There is interest from adults wanting to start a competition with some teams already forming.

· They would seek to have use of the Stadium two afternoon/nights (Monday night, Tuesday afternoon/night) a week initially and then 3 times (Sunday mornings) a week when coaching commences.

· The Stadium would allow them to hold competitions against other associations and provides suitable equipment storage, canteen, amenities, parking and a scoreboard; all of which the current venue do not have (Mount Carmel School outdoor courts).

· They have some sponsorship in place and will be seeking to have a miniball competition for young kids.

· If required to play outside at another venues numbers are expected to diminish in winter.

2. Short Term Options for Basketball

An alternative venue for basketball needs to have a suitable surface and lighting, and ideally be housed in a building. Options that may be considered in the short term include:

· Resurface the level 2 courts at Joe O’Connor Park.

· Resurface the level 2 courts at Joe O’Connor Park, including the provision of a shelter over the basketball court.

· Negotiate a shared use agreement with the Department of Education for the use of the court at the Yass High School, including the provision of lighting.

· Advise the Yass Basketball Association that current arrangements will need to continue until the Yass Indoor Sports Stadium is available.

It is noted that the Drill Hall and the Memorial Hall are not suitable for basketball. These buildings are not of adequate size and the flooring and circulation space around a court would create safety concerns. As a result these locations are not listed in the above information.

Further information on those options listed above is as follows:

Resurface the level 2 courts at Joe O’Connor Park

Of the 4 courts on level 2 at Joe O’Connor Park, 1 is set-up as a basketball court. These courts have a sealed surfacing, which does not meet modern standards.

In 2017 resurfacing of the level 1 netball courts at O’Connor Park was completed. The new surfacing is an acrylic product. This has provided a safer and greatly improved playing surface for netball. Similar works could occur for the level 2 courts.

To upgrade the level 2 courts with an acrylic surfacing like level 1 is estimated to cost $220,000. An option for funding this work is presented in a separate report on the Stronger Country Communities Fund Round 2. If Council were successful in obtaining funding it is likely that work would be undertaken later in 2018, meaning there would be a delay in having a suitable court available.

Concerns from the Yass Basketball Association with this option are that the court would remain outdoors, and may present an insurance issue with Basketball NSW. Based on the advice received to date it is unlikely that the court would be used in this configuration by the Association.

Resurface the level 2 courts at Joe O’Connor Park, including the provision of a shelter over the basketball court

This option is as per the option presented above, however with the addition of a shed over the court. There are concerns with this option in regard to planning considerations and cost.

A shed to fit over a basketball court is a significant structure. The cost to build such a structure is approximately $250,000, with the addition of a concrete slab another $50,000 – $60,000. With regard to planning considerations a new building would need to comply with amenity, accessibility, fire and parking requirements for example. Once these considerations are factored in this option is not feasible. In addition the development of a structure over the basketball court would require expansion of the level 2 courts so as to provide adequate circulation space around the courts on the level.

A lower cost option may be to only provide a shelter (roof only), however this is believed to be of little benefit.

It is not recommended to proceed with this option.

Negotiate a shared use agreement with the Department of Education for the use of the court at the Yass High School, including the provision of lighting

The court at the Yass High School does not have lighting. An option may be to pursue a shared use arrangement for community basketball competitions to be played on this court. For this to occur lighting would need to be provided for the court.

The cost of such lighting is anticipated to be approximately $20,000 – $30,000 pending access to power. However, given the relative low height of the roof over this structure any lighting installed would be prone to damage. The roof height would also have some impact on the suitability for the game to be played (pending age/ability).

After hours access to the school grounds by members of the public may be of concern to the school. Electricity insurance and maintenance costs would also need to be considered. Further advice is being sought from the Department of Education on these matters.

Advise the Yass Basketball Association that current arrangements will need to continue until the Yass Indoor Sports Stadium is available

If current arrangements remain basketball will not be able to be played during the non-day light saving months due to darkness. If Council is certain that the lease with Yass Gymnastics will only be over a duration of 12 months, this may be a suitable option as the Indoor Sports Stadium would become available for use for the 2019 winter months. In addition realistically the previous options outlined above are unlikely to be able to be actioned immediately.

This option may halt the current momentum of basketball in Yass.

3. Longer Term Options for Basketball

Medium to longer term options include:

· Use of the Indoor Sports Stadium at the Yass Showground.

· Establishment of indoor court space as part of a redeveloped pool complex in the Victoria Park precinct.

· A joint/shared use project with the Department of Education either within school grounds or as part of point 2 listed above.

Use of the Indoor Sports Stadium at the Yass Showground

Following Yass Gymnastics vacating the Stadium the facility would be available for community uses. Linking with this is the discussions to continue with the Yass Show Society on the ownership of this building. For this to occur a Memorandum of Understanding will need to be in place that ensures sport, recreational and community use of the facility is available. With this in place this provides a long term option for basketball in Yass.

As this option involves an existing facility this is the least cost option available.

Establishment of indoor court space as part of a redeveloped pool complex in the Victoria Park precinct

As part of investigations into an indoor heated pool in Yass, concept plans may include future space for indoor sport. This approach would be prudent in the long term planning of the pool site in the Victoria Park precinct.

A joint/shared use project with the Department of Education either within school grounds or as part of point 2 listed above.

In the future the Department of Education may have plans for indoor court space at local school/s. If this were to occur a joint/shared use agreement may be in place to enable community use of such a facility. Alternatively such an arrangement could also be in place for a facility located on Council land, such as the option identified above related to the pool site in the Victoria Park precinct. This facility is well located in relation to nearby public schools.

4. Summary of Recommendation

For short term options for basketball to be able to operate year round in Yass it is recommended that Council in consultation with the Yass Basketball Association:

· Continue discussions with the Department of Education regarding a short term shared use arrangement of the basketball court at the Yass High School to enable a year round basketball competition to be feasible.

· Apply for funding to resurface the level 2 courts at Joe O’Connor Park under the Stronger Country Communities Fund and if successful continue discussions with the Yass Basketball Association regarding potential use of the facility for a basketball competition.

· With regard to longer term options it is recommended that consideration of indoor court space be given as part of the Indoor Heated Pool feasibility investigations and that discussions commence with the Department of Education regarding a shared use model.

Strategic Direction

Key Pillar 4. Our Infrastructure

CSP Strategy IN4 - Maintain and update existing community facilities, and support the development of new community infrastructure as needed

Delivery Program Action IN4.1 - Develop and maintain new and existing recreational and community assets to address our communities needs in a sustainable manner

Operational Plan Activity IN4.1.1 - Develop and maintain sports grounds and associated facilities to standard that enables use by a variety of users

ATTACHMENTS: Nil

Ordinary Council Meeting 28 March 2018

7.4 Stronger Country Communities Fund Round 2

SUMMARY

To seek Council’s endorsement to apply for funding under Round 2 of the NSW Government’s Stronger Country Communities Fund for the following projects:

· Walker Park Lighting Upgrade

· Joe O’Connor Park Netball Courts Level 2 Resurfacing

· Murrumbateman Recreation Grounds Lighting

· Victoria Park Lighting & Amenities Upgrade

· Murrumbateman Recreation Grounds Irrigation.

RECOMMENDATION

That Council endorse the funding application under Round 2 of the NSW Government’s Stronger Country Communities Fund for the following projects:

· Walker Park Lighting Upgrade

· Joe O’Connor Park Netball Courts Level 2 Resurfacing

· Murrumbateman Recreation Grounds Lighting

· Victoria Park Lighting & Amenities Upgrade

· Murrumbateman Recreation Grounds Irrigation

Financial IMPLICATIONS

Council is not expected to need to allocate funds for the projects recommended by this report. Should Council ultimately need to allocate funds to complete the recommended projects, this can be considered during the course of 2018/19 or the development of the 2019/20 Operational Plan.

It is noted that Councils are recommended to oversubscribe the allocation for their local government area.

POlicy & Legislation

Nil.

REPORT

1. Stronger Country Communities Fund

Council was successful in being allocated $1,656,258 of funding under Rounds 1 and 2 of the NSW Government’s Stronger Country Communities Fund. This funding is to develop three new amenities buildings at the following locations:

· Sutton Recreation Grounds

· Binalong Recreation Grounds

· Gundaroo Recreation Grounds

The NSW Government recently announced that the Round 2 allocation was to be doubled. This means Yass Valley Council has a further $828,129 to allocate to eligible projects.

Projects that deliver local community infrastructure or sporting facilities are eligible under Round 2. This includes:

· Construction of new or refurbishment/upgrade of existing community infrastructure

· Construction of new or refurbishment/upgrade of existing local sporting infrastructure

· Capital works related to street beautification and public ‘place making’.

Under Round 2 there is an increased focus on local sporting infrastructure. 50% of the allocation must be allocated to sport project/s. Council has already complied with this as funding allocated in Round 2 to the amenities at Binalong, Sutton and Gundaroo are linked with sporting grounds.

2. Council Projects Recommended for Application

Council has the following projects that are eligible which may be considered for submission for funding:

Walker Park Lighting Upgrade (Yass)

Existing lighting at Walker Park is in need of refurbishment. The lighting is inefficient and has substandard electrical wiring resulting in lamps regularly blowing. The regular replacement of lamps is at significant cost to Council.

Under this project the following would be included in the scope:

· Level 1 – Upgrade to LED lighting including refurbishment of electrical wiring and switchboards. Remove lighting towers from centre of level and replace with new poles at the extremities of the fields if feasible.

· Level 2 – Upgrade to LED lighting including refurbishment of electrical wiring and switchboards.

· Level 3 – Install two new poles with LED lighting affixed.

The project is identified as a priority in the recently adopted Walker Park Strategic Plan. The project is estimated to cost $450,000.

The project will deliver reliable ground lighting to the three levels. The new lighting on level 3 provides for training on that level. Relocation of the lighting towers from the centre of level 1 provides greater flexibility in the use of this level. Further investigation is required on the feasibility of this.

It is noted that an application under the Regional Sports Infrastructure Fund has also been submitted for Walker Park, including the scope of works described above. This grant is a competitive process with Council not guaranteed of an allocation.

Joe O’Connor Park Netball Court Level 2 Resurfacing

In 2017 resurfacing of the level 1 netball courts at O’Connor Park was completed. The new surfacing is an acrylic product. This has provided a safer and greatly improved playing surface for netball and provides the association with significant opportunities. The level 2 courts did not have work undertaken and have a bitumen sealed surface.

To upgrade the level 2 courts with an acrylic surfacing like level 1 is estimated to cost $220,000.

Upgraded courts would provide a further significant improvement to the facility and also provides a suitable court for basketball to use, while the Indoor Sports Stadium is unavailable.

Murrumbateman Recreation Grounds Lighting

Sporting uses of the Murrumbateman Recreation Grounds are expected to increase with the growing population, soon to be improved ground surface and new sports looking to start up. Provision of LED lighting for the ground to a training standard will assist in promoting sport in the area and improve utilisation of the ground. Other night events may also be possible with the provision of lighting.

The project is identified within the draft Murrumbateman Recreation Ground Strategic Plan. The project is estimated to cost $200,000.

It is noted that an application under the Regional Sports Infrastructure Fund has also been submitted for Murrumbateman Recreation Grounds, including the scope of works described above. This grant is a competitive process with Council not guaranteed of an allocation.

Victoria Park Lighting & Amenities Upgrade

Victoria Park currently has halogen lamps that regularly require maintenance work for the wiring or lamp replacement. LED lighting is more efficient, and in combination with upgraded wiring will mean reduced maintenance costs.

The amenities building at Victoria Park is currently being extended and re-roofed. An allocation is currently included in the draft 2018/19 Operational Plan to undertake refurbishment work of the amenities in the old section of the building. Further funding may be sought to expand the scope of this work.

The lighting and additional funds required for the amenities refurbishment are estimated to cost $200,000.

Murrumbateman Recreations Grounds Irrigation

Murrumbateman will have a water supply via the Yass to Murrumbateman Water Transfer Pipeline. This is due to be commissioned in 2020. With the commissioning of this line the existing bore will no longer be needed for the village water supply. Subject to obtaining licencing approval, use of the bore to provide for irrigation of the sporting field at Murrumbateman Recreation Grounds will be feasible. This would provide a greatly improved field surfacing.

The project is identified within the draft Murrumbateman Recreation Ground Strategic Plan. The project is estimated to cost $200,000 to provide a head tank, pump and the irrigation network.

This report recommends Council submit an expression of interest under the Stronger Country Communities Fund for each of the projects outlined above, with the priority for funding in the order listed.

Strategic Direction

Key Pillar 4. Our Infrastructure

CSP Strategy IN4 - Maintain and update existing community facilities, and support the development of new community infrastructure as needed

Delivery Program Action IN4.1 - Develop and maintain new and existing recreational and community assets to address our communities needs in a sustainable manner

Operational Plan Activity IN4.1.1 - Develop and maintain sports grounds and associated facilities to standard that enables use by a variety of users

Attachments: Nil

Ordinary Council Meeting 28 March 2018

9.2 Governance and Finance Committee

SUMMARY

The Committee has reviewed and suggested improvements to Council’s financial reporting systems since it began in 2017. The Committee recognised the expanded role of the Audit Risk and Improvement Committee by way of legislative requirements and the need to change the focus of this Committee. On review of the activities of the Committee and the intended directions it is recommended that Council abolish the Committee.

RECOMMENDATION

That the Governance and Finance Committee be dissolved.

Financial IMPLICATIONS

Nil.

POlicy & Legislation

Nil.

REPORT

1. Introduction

The Committee was established following the 2016 election and since that time has met on a number of occasions and has suggested improvements to Council’s reporting, some of which have been implemented with varying degrees of acceptance. For example the removal of draft DA conditions from the business papers received instant disapproval from the members of the public. Other suggestions in regard to clarifying details in the quarterly financial reports have been implemented.

2. Committee Composition and Delegations

The current Committee composition and Terms of Reference are:

· Council Representatives: Mayor Rowena Abbey, Deputy Mayor Kim Turner & Councillor Geoff Frost

· Staff Representatives: General Manager David Rowe, Director Finance & Corporate Sharon Hutch

· Community Representatives: Elizabeth Goodfellow and Geoff Gorrie

Functions delegated by Council to Committee:

· To provide advice to Council on Strategic Pillar – Our Civic Leadership from the Tablelands Regional Community Strategic Plan and undertake projects as approved by Council

· Provide advice on governance and finance

· Identify projects for the Committee, prepare project briefs and submit for approval by Council

· Undertake approved projects in accordance with the project brief

· Review the effectiveness and performance of the Committee annually

3. Committees

There are a number of points in regard to successful committees

· Council Advisory Committees are committees established by Council to assist the Council with its decision making processes of the Council.

· Committees should only be established when there is a clear purpose for the committee; it should be clearly articulated why the committee exists

· Members should each understand the expectations of them on the committee

· Respect the rights and roles of individual members

· Have an effective meeting chair

· Have productive meetings

· Solve problems and not create problems

· Members should actively prepare for the meeting to ensure that there is value in discussions

· Minutes record succinct actions and recommendations (recording what is done not what is said)

· They are rewarding for participants and the organisation

· Increase the capacity of the organisation

· Should be focused on strategic tasks not operational

· See the bigger picture and move towards that goal

· Regularly evaluate their performance

4. Audit, Risk and Improvement Committee

Proposed amendments to the Local Government Act 1993 covered under Part 4A of the Local Government Amendment (Governance and Planning) Act 2016 require Councils to establish an Audit, Risk and Improvement Committee and that the Committee must keep under review the following aspects of the Council’s operations:

· Compliance

· Risk management

· Fraud control

· Financial management

· Governance

· Implementation of the strategic plan, delivery program and strategies

· Service reviews

· Collection of performance measurement data by the Council

· Any other matters prescribed by the regulations

The Committee is also to provide information to the Council for the purpose of improving the Council’s performance of its functions.

5. Governance and Finance Committee Evaluation

At its last meeting on 20 February 2018 the Committee recognised the expanded role of the Audit, Risk and Improvement Committee (ARIC) by way of legislative changes and the need to change the focus of this Committee, however there was no recommendation to change the Terms of Reference of the Committee. It has been acknowledged that there is a distinct overlap and duplication of the functions of the Governance and Finance Committee and those legislated to be undertaken by the ARIC and that any duplication of effort should be avoided.

A quick review of the minutes of the meeting indicates that the Committee has no recommendations for Council and it should be noted that the majority of the matters are in fact operational issues that the General Manager and Director of Finance and Corporate Services have ‘in hand’ through internal continuous improvement processes.

It is acknowledged that the Committee has made some useful suggestions for presentation of reports however the past couple of meetings have been less than productive as the Committee is searching for a ‘role’. Considerable time has been wasted on discussing the format and accuracy of the Committee minutes.

Staff now see that the time and effort to run the Committee is well and truly outweighing the benefits achieved by the Committee.

The following committee action identified in the February 2018 minutes:

ACTION 3 - Members agreed in principle to undertake a project on Progress Reporting and Monitoring of the Community Strategic Plan (including the Delivery Program and Operational Plan) to determine if expectations and outcomes are being met, and refine the definition of the project out of session.

This proposed project, while not yet clearly defined, seems to be a future target role for the Committee (note that I was an apology to the last meeting) however I do not see this as a valuable role for the Committee and it could be counterproductive by creating unnecessary duplication.

Staff have just gone to great lengths (thanks in particular to the Director of Finance and Corporate Services) to change the reporting from the ‘traffic light’ style to a narrative style. This is the first iteration of this reporting style and we will be looking at focusing on continuous improvement through community, Council and staff feedback on the document.

I don’t see it as a role of the Committee to get involved in this reporting process. It would be far better to seek community feedback and hold Councillor workshops as required to discuss possible improvements to the Reporting Framework.

The Committee is struggling to find a role and purpose. If there is no clear purpose for the Committee at this stage then it is recommended that it be dissolved. The Committee can be reconstituted at any time in the future that when Council sees a need.

Strategic Direction

Key Pillar 5. Our Civic Leadership

CSP Strategy CL1 - Effect resourceful and respectful leadership and attentive representation of the community

Delivery Program Action CL1.3 - Meet its objectives through improving the effectiveness of risk management, controls and governance processes

Operational Plan Activity CL1.3.1 - Provide independent, objective assurance and consulting activity to add value and improve Yass Valley Council’s obligations

Attachments: Nil

12.3 Minutes of the Murrumbateman Recreation Reserve Grounds Committee Meeting Held 15 March 2018.

Attachment a Minutes of the Murrumbateman Recreation Reserve Grounds Committee Meeting held 15 March 2018

Minutes of the Murrumbateman Recreation Reserve Grounds Committee held on 15 March 2018

Present

Cr M Reid, T. Stevens, P Harvey, M Cooke, L Turner, B Evans, V Rawlings, K Williams.

1. Apologies

Leonie Makin, Melanie Singh, C Woodhams.

2. Declarations of Interest

K Williams declared interest as member and coach at Murrumbateman Tennis Club.

3. Confirmation of Minutes

The Minutes of 27 October 2017 meeting were distributed and all members of the committee agreed the minutes be accepted as a true and accurate record of the meeting.

4. Business Arising

4.1 BBQ shed availability to all users.

Enquiry regarding formal notification being sent to the Men’s Shed President requesting removal of Men’s Shed group items from the area so the BBQ area is again made available to all recreation ground users.

It was also decided that a touch code lock be installed on the BBQ shed door for ease of access by users.

ACTION:

Letter to be sent to President of Murrumbateman Men’s shed advising that the BBQ shed need to be available to all recreation ground users.

That a touch pad entry lock be installed on the BBQ shed door.

5. Correspondence

Nil.

6. General Business

6.1 Draft Strategic Plan for Murrumbateman Recreation Grounds

The committee had the opportunity to attend two previous working group workshops on the development and content of the Draft Murrumbateman Recreation Grounds Strategic Plan 2017. The final draft document was distributed and presented to the Committee by Council’s Parks and Recreation Manager and Projects Officer.

Minor amendments were recommended at this meeting which the Committee agreed to include in the final document.

RECOMMENDATION

That the committee request Council to endorse the Draft 2017 Murrumbateman Recreation Grounds Strategic Plan and that the plan be placed on public exhibition for comment. K Williams/B Evans

6.2 Off Leash Dog Area for Murrumbateman.

The Committee was asked to consider a suitable location for an off leash dog area in Murrumbateman.

Two possible locations were identified:

1. Area at the southern end of the Recreation grounds off Murrumbateman Road. This provided a suitable flat and sloped area that would not impede on other users and provide parking and easy access to the area. This area is easily accessible to residents and travellers.

2. The Murrumbateman Common was also identified as a suitable area which provided suitable flat ground but was somewhat in a more remote location for travellers to find.

RECOMMENDATION

The Committee was in agreeance to place an off leash dog area at the southern entrance to the recreation grounds off Murrumbateman Road and this be included in the draft Strategic Plan.

6.3 Conceptual Plans for Murrumbateman Hall.

As per Council October 2017 resolution 329 October 2017

Conceptual plans were placed on public exhibition for public comment. The exhibition period concluded on 15th January 2018 with four submissions being received.

Prior to the plans going on public exhibition two information sessions was previously undertaken in Murrumbateman by Council being an information evening in the Murrumbateman hall and attending the Murrumbateman markets. Both occasions received positive feedback on the conceptual plans.

A Summary of replies is provided below in ATTACHMENT A.

RECOMMENDATION

That the Committee accept the public comments and the architect be asked to consider design modifications where deemed applicable by the Committee and Council.

That the Committee request Council provide funds in the 2018/19 budget for completion of the final design and construction drawings to enable future applications for grant funding. B Evans / K Williams

6.4 Grant Funding Application for LED Lighting.

The Committee was informed about a grant available through the Stronger Country Communities Fund. The identified project discussed for this funding was LED lighting to the Oval.

The Committee also expressed an interest in having lighting on the village green in which solar power could be explored.

It was also recommended that the electrical wiring for lighting on the oval and village green could be wired to the existing generator provided by field days for emergency use.

RECOMMENDATION

That the Committee support Council applying for a grant under the Stronger Country Communities Fund for the installation of LED lighting around the Murrumbateman Oval and solar lighting for the Village Green.

Meeting Closed 4.55 pm
ATTACHMENT A

Summary of Exhibition Period Submissions

RESOLVED that Council: receive the draft Committee Minutes of the Murrumbateman Recreation Reserve Grounds Committee meeting held on Friday 27 October 2017 and adopt the following recommendations:

That Council endorse the draft Concept plans for a new Murrumbateman hall and that the plans be placed on public exhibition for public comment, noting that ability for the project to proceed is subject to grant funding becoming available. (Harker/Burgess) 329

Comment

Main hall too small to attract performers from the broader region 300 – 400 seats are needed for this after stage.

One option may be to deploy walls in one section.

New hall design must have good acoustic properties and acoustic engineer be engaged eg perforated wooden baffles in hall

Economic benefits

Concept drawings feels not very fitting for the rural location

· Roof concept need to be improved

· Sloped roof so better airflow/heat/cold

· Internal kitchen layout. – no external door

· Rubbish removal, deliveries, emergency access/exit

· Don’t think cool room is required too much energy use.

· Entry to kitchen only from meeting room. – Number of areas in use at one time would mean disturbances.

Include servery to the veranda so it can be used to sell at market days/Field days/Community events.

1. Proposed stores room needs to open straight into the meeting rooms. Different users need to move equipment into the rooms- chairs tables, childcare equipment and easels. The current plan means that any such equipment needs to go through the central corridor to different rooms. Difficult, noisy and could cause damage to walls and floor.

2. The proposed design seems to require all movements through the central corridor, but the stage also appears to occupy this space.

3. The design identifies that the two meeting rooms have a moveable divider to open up the space if necessary. Currently the divider is in the middle of the two rooms. It would be useful to have it offset to create one slightly larger and one smaller room. I and other users have to factor rental into proposed hall use, having varying size/cost rooms would offer greater flexibility.

4. The proposed skylight appears to give extra light to the community hall area but good lighting is paramount. Rooms situated at the back of the building would face south giving poor natural light unsuitable for some users.

Happy with the general concept for consideration:

· Include solar panels on the roof; feeding into batteries would be good.

· Netball courts should be moved to the southern slope area and closer to car parking and other facilities

· Separate entrance to men’s and ladies bathrooms

· External access to toilets

· Internal access to office.

· Larger stage for productions stage etc. A podium would work just as well

· What is the crossed area in the back of the storeroom behind the office?

Item	Activity
1	Construction of new Community Hall
2	Investigate power upgrade to recreation grounds
3	Installation of LED Lighting for sporting oval
4	Formalise car parking
5	Construction of new Amenities Building
6	Installation of irrigation to sporting oval
7	Installation of 120,000L Water Tank
8	Concept plans for user group clubhouse
9	Multipurpose Courts
10	Multipurpose Goal Posts
11	Cricket Net – adjusting entry point to nets to southside
12	Netball/Basketball Court
13	Construction of storage facility.
14	Fitness Circuit(s)
15	Skateboard ramps
16	New directional signage for equestrian facilities

Date Received	-	12 December 2017
Land	-	Lot 31 DP 1192707, 19 Colls Close, Yass
Area	-	1,224m²
Zoning	-	R1 – General Residential

SUMMARY

RECOMMENDATION

Financial IMPLICATIONS

POlicy & Legislation

REPORT

Strategic Direction

RESCISSION MOTION

Motion

REPORT

Recommendation

Summary

Recommendation